   
  
G/SG/Q2/ARE/6, G/SG/Q2/BHR/5  
G/SG/Q2/KWT/5, G/SG/Q2/OMN/5  
G/SG/Q2/QAT/5, G/SG/Q2/SAU/5  
 
18 June 2021 
(21-5026) Page: 1/3 
Committee on Safeguards  Original: English  
 
 NOTIFICATION UNDER ARTICLE 12.1(A) OF THE  
AGREEMENT ON SAFEGUARDS ON INITIATION OF  
AN INVESTIGATION AND THE REASONS FOR IT  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  REGARDING THE NOTIFICATION  
OF THE KINGDOM OF BAHRAIN, THE STATE OF  KUWAIT, THE SULTA NATE OF OMAN , 
THE STATE OF QATAR, KINGDOM OF SAUDI ARABIA, AND UNITED ARAB EMIRATES  
(COOPERATION COUNCIL FOR THE ARAB STATES OF THE GULF "GCC")2 
The following communication, dated and received on 17 June 2021, is being circulated at the 
request of the delegation s of the Kingdom of Bahrain, the state of Kuwait, the Sul tanate of Oman, 
the State of Qatar, the Kin gdom of Saudi Arabia, and the United Arab Emirates 
(Coopera tion Council for the Arab States of the Gu lf "GCC"). 
 
_______________  
 
 
Question 1  
The Unit ed States notes at  the outset that  the notification advises of additions and 
removal of products from the scope of the GCC 's investigation of certa in steel products.3 
In addition, according to Article 35 of Section II of the  Gulf Cooperation Council 
Common  Law of Anti -dumpi ng, Countervaili ng Measures and Safeguards (Rules of 
Implementation) , the competent authorities must conclude all investigations within a 
period of twelve months, or up to eighteen months when exceptional cases merit an 
extension of up to  six months.  
Given  that this inves tigation was initiated on October 23, 2019, please indicate the 
current status of the October 23, 2019, investiga tion, including  whether the 
GCC competent authorities made a determination of exceptional circumstances (or 
similar finding) fo r extending the period of investigation, and the basis for that finding . 
Please also i ndicate when the competent authorities expe ct to conclude the 
investigation.  
Reply : 
Concerning the current status of the current proceedings , first of a ll, it is worth to  mention that 
since the Permanent Committee has decided to extend the POI in accordance with the provisions 
of Article 23 of the Regulation given the large number of the interested parties participating in the 
investigation and the scope of the products un der investigation and its amendments, the 
GCC-TSAIP  confirms that the investigation is completed by the permanent committee 's decision to 
propose the imposition of a definitive measure  on GCC imports of certain steel products  within 
eighteen months . Finally, the GCC-TSAIP  confirms the that the investigation is already concluded , 
 
1 G/SG/Q2/ARE/5  - G/SG/Q2/BHR/4  - G/SG/Q2/KWT/4  - G/SG/Q2/OMN/4  - G/SG/Q2/QAT/4  - 
G/SG/Q2/SAU/4 . 
2G/SG/N/6/ARE/3/Suppl.1  - G/SG/N/6/BHR/ 4/Suppl.1  - G/SG/N/6/KWT/4/ Suppl.1  - 
G/SG/N /6/OMN/3/Suppl.1  - G/SG/N/6/QAT/3/Suppl.1  - G/SG/N/6/SAU/3/Suppl.1  (dated  20 January  2021). 
3 The notice states t hat the inve stigation scope has been expanded to include metallic coated steel, 
reinforced steel bar s and wire rod sections, an d welded and sea mless pipes and tubes. The following were 
removed from the scope: flat hot rolled coils and sheets, cold rolled f lat steel co ils and sheets, and welded and 
seamless pipes and tubes.  G/SG/Q2/ARE/6 • G/SG/Q2/BHR/5 • G/SG/Q 2/KWT/5 • G/SG/Q2/OMN/5 • G/SG/Q2/QAT/5 • 
G/SG/Q2/SAU/5  
 
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  and the Permanent Committee has recommended imposing safeguard duty  to the Ministerial 
Committee . Furthermore, the GCC-TSAIP  will publish the decision once the Min isterial Committee 
approves the imposition of the measure . 
Question 2  
Please identify the specific provisions in the Rules of Implementation that author ize the 
compet ent authorities to modify the scope of an investigation.  
Reply : 
The GCC-TSAIP  confirms tha t according to the provisions of Article (9) of the GCC Common Law 
which states that among the competences of the Permanent Committee "taking  measures and 
procedures stated in this Law and its Rules of Implementation ", the Permanent Committee issued 
its de cision to initiate  the investigation within the framework of the procedures stated in 
Articles  4 and 9, accordingly, the Permanent Committee has the right to amend its decision 
whenever it sees the just ifications for this. The GCC-TSAIP  also confirms that the investigation 
questionnaires sent to the interested  parties at the initiation  of the investigation  mentioned clearly  
the possibility of adding new HS codes  of the products produced by the GCC indust ry that were not 
included in the Notice of initiation  and classified within the same categories of steel products  under 
investigation . Accordingly, the Permanent Committee issued its decision to amend the scope  of the 
products under investigation based on the evidence and information available through respons es 
to the investigation questionnaires and the comments of the interested parties . 
Question 3  
On July 23, 2020, the GCC notified its finding of serious injury in this investigation.4 
However, on January 20, 2021, the GCC notified that the competent authori ties obtaine d 
"suffici ent prima facie evidence that would justify {} modifications within the scope of 
the current investigation. " 
(a) Please des cribe the nature of the prima facie  evidence that the GCC 
competent authorities found would justify the modificatio ns in the sc ope of 
investiga tion – the addition of products, and the exclusion of products that 
were part of the original investigation. Plea se indicate how interested parties 
may review this evidence and review the rationale for the modification in 
scope.  
(b) Please indi cate whether the  GCC competent authorities have published the 
report and detailed analysis of the case relating to the determinat ion made 
on July 23, 2020, as req uired by Article 3.1 and Article 4.2(c) of the WTO 
Agreement on Safeguards . 
(c) Please  explain the  process that th e GCC competent authorities intend to 
follow going forward, including the status of the determination made on Jul y 
23, 2020, and whether a remedy  will be imposed based on that 
determination  while the investigation is ongoing . 
Reply: 
(a) As mentioned in the reply to the question 2 above, the GCC-TSAIP  confirms that the 
investigation questionnaires sent to the interested parties at the initiation of the 
investigation included the possibility of adding new HS codes of the products 
produ ced by the GCC industry that were not included in the Notice of initiation and 
classified within the same categories of steel products under investigation.  
Accordingly, the Permanent  Committee issued its decision to amend the scope of 
products under invest igation based on the evidence and information available through 
responses to the investigation questionnaires and the comments of the interested 
 
4 G/SG/N/8/ARE/3 - G/SG/N/8/BHR /3 - G/SG/N/8/KWT/3 - G/SG/ N/8/OMN/3 - G/SG /N/8/QAT/3 - 
G/SG/N/8/SAU/3 (dated 23 July 2020).  G/SG/Q2/ARE/6 • G/SG/Q2/BHR/5 • G/SG/Q 2/KWT/5 • G/SG/Q2/OMN/5 • G/SG/Q2/QAT/5 • 
G/SG/Q2/SAU/5  
 
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  parties , where it was found that many HS codes of steel products  should be added 
since they  are produced by the GCC industry and not included in the Notice of 
initiation , and other  products should be excluded upon request of certain interested 
parties.  The P ermanen t Committee 's decision of the  amendment of the scope of the 
products under investigation was published  in the Official Gazette volume 29 and an 
opportunity was given to all interested parties to comment on , Besides all related 
information was available to the interested parties through viewing the public file 
electronically during all the different steps o f the investigation . 
(b) Yes, GCC-TSAIP  confirms  that a preliminary report  containing a detail analysis  relating 
to the preliminary determinations of the investigation was submitted to all interested 
parties , and a copy of this report was submitted to the WTO along with the 
Notification . 
(c) The GCC-TSAIP  confirms that the investigation is completed by the perma nent 
committee 's decision to propose the imposition of a definitive measure on 
GCC imports of certain steel products  to Ministerial C ommittee . 
Question 4  
According to Articl e 26 of Section II of the Rules of Implementation , "the investigation 
committee shall give an equal opportunity t o all concerned and interested parties to 
defend their interests within the specified investigation period. " Also, Article 3. 1 of the 
WTO Agree ment on Safeguards  states that investigations sh all include appropriate 
means for interested parties to present e vidence and their views.  
a. Please identify what opportunities have been made available for registered 
parties to present eviden ce and submit thei r views concerning the scope 
modifications indi cated in the January 21, 2021 notification.  
b. Given that the scope m odifications indicated in the January 21, 2021 
notification expand the scope of the ongoing investigation, please identify 
opportunities for po tential newly interested parties to present ev idence and 
submit their comments, given that they may not have been  part of the earlier 
phase of the investigation . 
Reply : 
a. The Permanent Committee 's decision of the  amendment of the scope of t he products 
under investigation was published in the Official Gazette Volume (29), and an 
opportunity was given to all interested parties to comment on  the decision . 
b. GCC-TSAIP  confirms that interested parties was given 7 days from the date of 
publication of  the Official Gazette  Volume (29)  to comment  on amendment of the scope 
of the products under investigation . 
 
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