RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/PER/1
28 April 1999
(99-1712)
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 PERU1
The following communication, dated 23 April 1999, has been received from the Permanent
Mission of the United States.
_______________
Article 20 of the Peruvian safeguard law lists certain factors to be taken into account in
determining whether increased imports of a specific product have caused or are threatening to cause
serious injury.
1. Why does Peruvian law omit certain of the factors set out in Article 8.1 of the WTO
Agreement on Safeguards, including “changes in the level of sales, production, productivity, capacity
utilization, profits and losses, and employment?”  Does Peru intend to consider these factors in
making determinations?  We note that Article 8 of the Peruvian law requires petitioners to include this
information in their applications.
Article 28 of the Peruvian safeguard law, which allows for the application of safeguard
measures in the form of a quantitative restriction, requires that the quota not be lower than the average
level of imports “over the last three calendar years preceding the year in which the investigation was
initiated”, as opposed to the average of imports “in the last three representative  years for which
statistics are available” (emphasis added), as requ ired by Article 5.1 of the Safeguards Agreement.
2. Please explain how Article 28 of the Peruvian law is consistent with Article 5.1 of the
Safeguards Agreement.
Article 29 of the Peruvian safeguard law, which allows for provisional measures when critical
circumstances are found to exist, incorporates only one of the two prongs of the test in Article 6 of the
Safeguards Agreement.  Article 6 also requires a finding that “delay [in applying a measure] would
cause damage which it would be difficult to repair.”
3. Does Peru plan to incorporate this second prong into its test both in Article 29 and in the list
in Article 31?
__________
                                                     
1 G/SG/N/1/PER/2