WORLD TRADE
ORGANIZATIONG/SG/N/7/CZE/4
G/SG/N/11/CZE/4
19 February 2003
(03-1047)
Committee on Safeguards Original:  English
NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT ON
SAFEGUARDS BEFORE TAKING A PROVISIONAL SAFEGUARD
MEASURE REFERRED TO IN ARTICLE 6
NOTIFICATION PURSUANT TO ARTICLE 9,
FOOTNOTE 2, OF THE AGREEMENT ON SAFEGUARDS
CZECH REPUBLIC
The following communication, dated 6 February 2003, has been received from the Permanent
Mission of the Czech Republic.
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A. NOTIFICATION UNDER ARTICLE 12.4 BEFORE TAKING PROVISIONAL
MEASURES
Pursuant to Article 12.4 of the Agreement on Safeguards and in keeping with the format for
notifications under the Agreement on Safeguards adopted by the Committee on Safeguards (G/SG/1),
the Czech Republic hereby gives notification before taking a provisional safeguard measure under
Article 6 of the Agreement on Safeguards.
1. Product subject to the proposed provisional safeguard measure
Ammonium nitrate - a solid nitrogen fertilizer commonly used in agriculture, falling within
CN code 3102 30 90 (ammonium nitrate, whether or not in aqueous solution; other).
2. Proposed provisional safeguard measure
The provisional safeguard measure will take the form of an additional tariff duty at the level
of 5 per cent  to be applied to the imported product originating in WTO countries.  No additional duty
will be applied to imports with the declared customs value above CZK 4,200.
3. Proposed date of introduction of the provisional safeguard measure
The provisional safeguard measure is scheduled to enter into force on 10 February 2003.
4. Expected duration of the provisional safeguard measure
The provisional safeguard measure will be applied for a time-period of up to 200 days until
28 August 2003 at the latest, during which the investigation will proceed further.G/SG/N/7/CZE/4
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5. Preliminary determination that increased imports have caused or are threatening to
cause serious injury
The imports of the product in question in 2001 represents increase of 55.6 per cent, compared
to the three year average of 1998-2000.  This trend remained unchanged in 2002.  During the period
of January-November 2002 the imports amounted to 63,345 tons.
Year Imports of Ammonium Nitrate (tons)
1998 43,774
1999 40,425
2000 71,486
2001 80,757
2002 (I–IX) 63,345
The Ministry of Industry and Trade carried out a preliminary analysis of imports of product in
question also in relative terms to the domestic production and consumption and determined that it
increased considerably.
It was found that product in question is being imported into the Czech Republic in such
increased quantities and under such conditions as to  cause or threaten to cause serious injury to the
domestic industry.  As a result of the increase in imports, the production, sales and profitability of
domestic industry have declined.  Employment conti nues to fall as well.  Moreover, it was established
that imports have taken place at very low prices which, in the period of eleven months in 2002, further
decreased by 11 per cent compared to the same period of 2001.  On this basis, it was determined that
causal link between increased imports and injury exists and the situation is so critical that it calls for
immediate action in the form of the provisional measure.
6. Determination of critical circumstances where delay would cause damage which it
would be difficult to repair
The Ministry of Industry and Trade has made a preliminary determination that critical
circumstances exist in which delay would cause damage which would be difficult to repair.  A largenumber of automatic import licenses issued, production and export capacities in the exporting
countries, extensive use of trade remedy measures applied by a number of WTO Members with
respect to the product in question and trade diversions resulting therefrom constitute unforeseen
developments.
B. NOTIFICATION UNDER ARTICLE 9, FOOTNOTE 2 UPON TAKING A DECISION NOT
TO APPLY THOSE PROVISIONAL SAFEGUARD MEASURES TO CERTAIN
PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES
1. Specify the measure
The provisional measure is in the form of a tariff increase described in the notification under
Article 12.4 above.G/SG/N/7/CZE/4
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2. Specify the product subject to the measure
The measure applies to the ammonium nitrate described in paragraph 1 of the notification
under Article 12.4 above.
3. Specify the developing countries to which the measure is not applied under Article 9.1 of
the Agreement on Safeguards, and the import shares of these countries individually and
collectively
Imports of the product concerned originating in any of the developing country listed in
Government Regulation 534/2002 Coll., issuing the Customs Tariff and establishing rates of importtariffs on goods originating in developing countries  and least developed countries and the terms for
their application.  A list of these countries is attached in Annex 1 to this notification.
4. Not applicableG/SG/N/7/CZE/4
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ANNEX 1
AL Albania LS Lesotho
DZ Algeria MG Madagascar
AG Antigua and Barbuda MY Malaysia
AR Argentina MW Malawi
BH Kingdom of Bahrain MV Maldives
BD Bangladesh ML Mali
BB Barbados MR Mauritania
BZ Belize MU Mauritius
BJ Benin MX Mexico
BO Bolivia MD Moldova
BW Botswana MN Mongolia
BR Brazil MA Morocco
BN Brunei Darussalam MZ Mozambique
BF Burkina Faso MM Myanmar
BI Burundi NA Namibia
CM Cameroon NI Nicaragua
CF Central African Republic NE Niger
TD Chad NG Nigeria
CL Chile OM Oman
CN China PK Pakistan
CO Colombia PA Panama
CG Congo PG Papua New Guinea
CR Costa Rica PY Paraguay
CI Côte d’Ivoire PE Peru
CU Cuba PH Philippines
CD Democratic Republic of the Congo QA Qatar
DJ Djibouti RW Rwanda
DM Dominica LC Saint Lucia
DO Dominican Republic VC Saint Vincent and the Grenadines
EC Ecuador SN Senegal
EG Egypt SL Sierra Leone
SV El Salvador SB Solomon Islands
FJ Fiji ZA South Africa
GA Gabon LK Sri Lanka
GM Gambia SR SurinameG/SG/N/7/CZE/4
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GE Georgia SZ Swaziland
GH Ghana TZ Tanzania
GD Grenada TH Thailand
GT Guatemala TG Togo
GN Guinea TT Trinidad and Tobago
GW Guinea-Bissau TN Tunisia
GY Guyana UG Uganda
HT Haiti AE United Arab Emirates
HN Honduras UY Uruguay
IN India VE Venezuela
ID Indonesia ZM Zambia
JM Jamaica ZW Zimbabwe
JO Jordan
KE Kenya
KW Kuwait
KG Kyrgyz Republic
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