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Legal Framework

​The Department of Antidumping applies trade defense instruments in accordance with the National, regional and international relevant legal texts pertaining to antidumping, countervailing and safeguards measures, as follows:

  • The Federal Law No 7 of 2005 regarding the promulgation of the GCC Common Law on Antidumping, countervailing and safeguards measures. This legislation determines the competent authorities entitled to conduct of trade remedy investigations as well as the forms and duration of antidumping, countervailing and safeguards measures.
  • The Rules of implementation of the GCC Common Law on Antidumping, countervailing and safeguards measures. This regulation regulates the proceedings pertaining to trade remedy investigations starting from the reception of the complaint to the imposition of the appropriate trade remedy measures in addition to the regulation of proceedings relating to the review of trade remedy measures.
  • The Agreement on Antidumping. The Agreement on Implementation of Article VI of GATT 1994, commonly known as the Anti-Dumping Agreement, provides further elaboration on the basic principles set forth in Article VI itself, to govern the investigation, determination, and application, of anti-dumping duties. Article VI of the GATT provides for the right of contracting parties to apply anti-dumping measures if such dumped imports cause injury to a domestic industry in the territory of the importing contracting par​ty. The Agreement provides detailed rules in relation to the method of determining that a product is dumped, the criteria to be taken into account in a determination that dumped imports cause injury to a domestic industry, the procedures to be followed in initiating and conducting anti-dumping investigations, and the implementation and duration of anti-dumping measures.
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  • The Agreement on safeguards. Article XIX of the General Agreement allows a GATT member to take a "safeguard" action to protect a specific domestic industry from an unforeseen increase of imports of any product which is causing, or which is likely to cause, serious injury to the industry. The agreement sets out requirements for a safeguard investigation which includes public notice for hearings and other appropriate means for interested parties to present evidence, including on whether a measure would be in the public interest. In the event of critical circumstances, a provisional safeguard measure may be imposed based upon a preliminary determination of serious injury.
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  • The Agreement on Subsidy and countervailing Measures. This agreement disciplines the use of subsidies, and it regulates the actions countries can take to counter the effects of subsidies. It says a country can use the WTO’s dispute settlement procedure to seek the withdrawal of the subsidy or the removal of its adverse effects. Or the country can launch its own investigation and ultimately charge extra duty (known as "countervailing duty") on subsidized imports that are found to be hurting domestic producers. The agreement contains a definition of subsidy. the Agreement applies only to subsidies that are specifically provided to an enterprise or industry or group of enterprises or industries, and defines both the term "subsidy" and the concept of "specificity". Parts II and III divide all specific subsidies into one of two categories: prohibited and actionable (1), and establish certain rules and procedures with respect to each category. Part V establishes the substantive and procedural requirements that must be fulfilled before a Member may apply a countervailing measure against subsidized imports. Parts VI and VII establish the institutional structure and notification/surveillance modalities for implementation of the Agreement. Part VIII contains special and differential treatment rules for various categories of developing country Members. Part IX contains transition rules for developed country and former centrally-planned economy Members. Parts X and XI contain dispute settlement and final provisions.
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