RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/SVN/1
3 May 2001
(01-2259)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Questions Posed by the UNITED STATES
Concerning the Notification of SLOVENIA1
The following communication, dated 30 April 2001, has been received from the Permanent
Mission of the United States.
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1. Definition of directly competitive.   Article 2(6) of the decree appears to preclude the
Slovenian competent authorities from considering a domestic product that is like the imported product
from also being directly competitive with that article.  If a product is not like the imported product butis directly competitive with it, why would a product that is like the imported product not also be
directly competitive with it?
2.  Non-application of safeguard measures to FTA partners.   Article 3(2) of the decree provides
that the decree does not apply to products from countries with which Slovenia has entered into a free
trade agreement.  When the Slovenian competent authorities make a determination under the decree,
will they exclude imports from FTA partners in determining whether imports have increased and indetermining whether increased imports are causing or threatening serious injury, or will they include
such imports in making their determination and th en exclude imports from the FTA partner from the
safeguard measure?
3. Increased dependence on imports factor.   The list of economic factors to be considered by the
Slovenian competent authorities in making their determination includes, inter alia , “an increased
dependence on imports” (Article 4(2)(c)).  This is not one of the factors listed in SA Article 4.2(a), but
rather suggests that the domestic industry is entitl ed to some share of the domestic market, an issue
addressed in Korea B Resins  in the context of reviewing an antidumping action.  Please explain how
such a factor may be relevant to the question of whether the domestic industry is seriously injured orthreatened with serious injury?
4. Provisional relief.   SA Article 6 requires that the competent authorities find, inter alia,  “clear
evidence” that increased imports have caused or are threatening to cause serious injury.  Article 15 of
the Slovenian decree does not include a “clear evidence” requirement.  Please explain how theArticle 15 conforms with the requirements of SA Article 6.
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1 G/SG/N/1/SVN/3