Dispute Settlement DS428

22/05/2013 12:00 - 976 Views

Turkey — Safeguard measures on imports of cotton yarn (other than sewing thread)

In consultations on 13 February 2012 

Key facts  

Short title:  
Complainant: India
Respondent: Turkey
Third Parties:  
Agreements cited:
(as cited in request for consultations)
GATT 1994: Art. XX:1(a)
Safeguards: Art. 234567.1,7.27.37.512.1(c)
Request for Consultationsreceived: 13 February 2012

Summary of the dispute to date  

The summary below was up-to-date at 16 February 2012

Consultations

Complaint by India.

On 13 February 2012, India requested consultations with Turkey regarding certain safeguard measures on imports of cotton yarn (other than sewing thread) from all origins.

India challenges the definitive safeguard measures on imports of cotton yarn (other than sewing thread) imposed by Turkey with effect from 15 July 2008 for a period of three years. It also challenges the provisional safeguard measures imposed by Turkey retroactively and challenges the extension of the period of application of the definitive safeguard measures retroactively. Finally, India challenges the underlying investigation, any amendments, replacements, related or implementing acts or measures to the above. 

With respect to the definitive and provisional safeguard measures imposed by Turkey, India alleges that Turkey imposed provisional safeguard measures without making the required determination in the relevant review and concluded such review by recommending the continuation of the measures.  Concerning the extension of the safeguard measures, India believes that Turkey imposed the extension of the measures prior to making a determination, contrary to its obligations under the Agreement on Safeguards.

India alleges violations of Articles 2, 2.1, 3, 3.1, 4, 4.1(c), 4.2(a), 4.2(b), 4.2(c), 5, 5.1, 6, 7, 7.1, 7.2, 7.3, 7.5, 8, 12 and 12.1(c) of the Agreement on Safeguards and Article XIX:1(a) of the GATT 1994. 

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