. /.   WORLD TRADE  
ORGANIZATION  G/SG/Q1/JPN/7 
29 September 2009 
 (09-4564) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions from the UNITED STATES Regarding
  
the Notification of JAPAN1 
 
  The following communication, dated 28 September 2009, is being circulated at the request of the Delegation of the United States.
2   
 
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  The United States thanks Japan for its notifi cation and poses the following questions with 
regard to Japan's notification of  the Relevant Articles in the Cabinet Order Relating to Emergency 
Measures, the Guidelines for Procedures Re lating to Emergency Duty  [hereinafter  Duty Guidelines ], 
and the Guidelines for Procedures Relating to Emergen cy Measures to be Taken  in Response to an 
Increase in the Importation of Goods  [hereinafter Measure Guidelines ].   
 
Question 1 
  With regard to paragraph 2, Definitions , please clarify how these Duty Guidelines  are to 
function in conjunction with the Cabinet Order of Emergency Duty [hereinafter Cabinet Order ] and 
the Regulations to Govern Emergency Measures [hereinafter Regulations ].   
 
Question 2  
  With regard to Paragraph 6, Initiation of Investigation, part (1)  of the Duty Guidelines  please 
confirm that the Minister of Finance will notify th e initiation of any safeguard investigation to the 
WTO Committee on Safeguards, in accordance w ith Article 12.1 of the WTO Agreement on 
Safeguards.   
 
Question 3 
 
 Paragraph 8, Holding a Public Hearing, part (1) Establishment of Agenda, etc.  of the Duty 
Guidelines  and paragraph 7, Holding a Public Hearing, part (1), Establishment of Agenda, etc . of the 
Measure Guidelines notes "the testimony, views or information obtained in the public hearing shall be 
shared in both hearings".  This paragraph, read  in conjunction with the relevant articles of the Cabinet 
Order, Regulation  and  Measure Guidelines  seems to indicate that in the course of a safeguard 
investigation, two hearings will be held - one by the Ministry of Finance and one by the Ministry of 
                                                     
 
1 G/SG/N/1/JPN/2/Suppl.2.   
2 These questions will not be taken up at the 19 October 2009 meeting.  The United States has 
requested that these questions be pl aced on the agenda for the meeting wher e the legislative notification from 
Japan would be taken up.   G/SG/Q1/JPN/7 
Page 2  
 
  Economy, Trade and Industry.  At these hearings, in terested parties will be responsible for presenting 
the same testimony or evidence for each hearing.  Pl ease clarify if our understa nding is correct, and, if 
so, please explain why the requirement to present the same evidence or testimony at both hearings is necessary and not an undue burden on interested parties.    Question 4  
 Paragraph 8, Holding a Public Hearing, part (5) Records  of the Duty Guidelines  and 
paragraph 7, Holding a Public hearing, part (5) Records  of the Measure Guidelines provides that 
"Statements at the public hearing shall be recorded in shorthand or in other manner".  Will interested 
parties also be required to submit their statements in written format to be placed on the official record 
of the investigation?  If not, will the record of th e hearing, including "shorthand or other manner" be 
made publicly available on the official  record of the investigation?   
 
Question 5 
 
 With regard to paragraph 1, Objective  of the Measure Guidelines , if there is a discrepancy 
between the Cabinet Order, the Regulations,  the Duty Guidelines , the Measure Guidelines,  and the 
Agreement on Safeguards, which would take precedence?   
 
Question 6 
 
 Regarding paragraph 2, Basic Policy of Operation  of the Measure Guidelines , please clarify 
why it is necessary to hold two simultaneous i nvestigations for an emergency duty.   
  
 
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