./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/CRI/1
18 November 1998
(98-4627)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Questions Posed by the UNITED STATES
Regarding the Notification of COSTA RICA1
The following communication, dated 13 November 1998, has been received from the
Permanent Mission of the United States.
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Q.1. Article 14 of the Regulations lists certain information to be included in the resolution for the
opening of an investigation.
(a) Article 2, para. 2 of the Agreement on Safeguards states that "[s]afeguard measures
shall be applied to a product being imported irrespective of its source" -- that is, on an
MFN basis.  Does the reference in Article 14(e) with respect to country or countriesof origin of imports indicate that the focus of the investigation will be on imports
from certain countries, with imports from other countries to be excluded? Or is the
intent to identify the chief supplying countr ies?  If the intent is the latter, the text
should be clarified.
(b) Does the reference in Article 14(g) to a description of like or directly competitive
product mean that the investigating authority will have decided certain issues relatingto domestic industry prior to the opening of the investigation?  Or is the intent to set
out what applicant has alleged  is the like or directly competitive domestic product?
If the intent is the latter, the text should be clarified.
Q.2. Why does Article 15 give interested parties only 45 days in a six-month proceeding to submit
rebuttals and evidence?  Is this sufficient time for importers, exporters, and others with an interest in
the proceeding to be made aware of the proceeding, to  retain legal or other counsel to represent them,
and to prepare a response that addresses the principal issues?
Q.3. How does Article 15 relate to Article 17, which states that "[a]ny interested party may submit
its statements during the period of the investigatio n, together with evidence in support of those
statements"?
(a) Is the submission described in Article 15 an initial submission?
(b) Can a person become an interested party at any time?
                                                     
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(c) Can a person with an interest in the proceeding, regardless of whether it is an
interested party, submit evidence at any time even if it did not submit a rebuttal
within the 45-day period referred to in Article 15?
Q.4. What is the process under Article 19 for determining when the investigating authority will
consider whether to recommend a provisional measure?  For example, must a request for a provisional
measure have been included in the application for a safeguard measure?
Q.5. Is the public hearing referenced in Article 22 optional or required?  Is 15 days notice of the
date of the hearing likely to be adequate notice?
Q.6. Article 7, para. 1 of the Agreement on Safe guards provides that a Member shall apply
safeguard measures only for such period of time as may be necessary to prevent or remedy serious
injury "and to facilitate adjustment".  How does Costa Rica plan to consider the "facilitate adjustment"
requirement in determining whether to apply a measure?  Will the "final resolution" described in
Article 26 address how the measure will "facilitate adjustment" within the meaning of that term inArticle 5:1 of the Safeguard Agreement?
Q.7. Does the reference in Article 27 to taking in to account "the commitments entered into in the
framework of Central American integration" mean that a country applying a measure may exclude
imports from, or structure relief to diminish the impact on, another Central American country?  If so,under what condition?
Q.8. Reference is made in Article 35 to publication of resolutions "at the cost of the interested
party".  Is the "interested party" the applicant, or all interested parties under the definition of
interested party in Article 1, including foreign governments, assessed a publication cost?
Q.9. Article 3 of the Agreement on Safeguards addresses the issue of confidential treatment of
certain information obtained during the investigation.  Has Costa Rica established procedures
consistent with its obligations under Article 3 for use in safeguard investigations?  If so, have these
procedures been notified to the Committee on Safeguards?  If Costa Rica has not established such
procedures, when does it intend to do so?
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