Anti-Dumping: Administrative and Juidicial Review in GCC
AL Armouti Publications
Jan 10, 2022
Under the GCC's Unified Law on Anti-Dumping, Countervailing, and Safeguard Measures, there are two levels of appeal for final determinations in trade remedy investigations: the Administrative Review and the Judicial Appeal.
Understanding Article 11 of the GCC Amended Common Law
Article 11 of the Gulf Cooperation Council (GCC) Amended Common Law on Anti-Dumping, Countervailing, and Safeguard Measures outlines the appeal process:
Administrative Review: Interested parties directly and individually affected by final determinations must first lodge an administrative review with the Ministerial Committee within 30 days from the date of publication in the Official Gazette. The committee must decide within 60 days; otherwise, the appeal is considered rejected.
Judicial Appeal: If the administrative review is rejected, the complaining party can appeal to the Judicial Commission within 30 days from the date of notification.
The Administrative Review Process
The first appeal level is the Administrative Review by the GCC Ministerial Committee. Procedures and deadlines are detailed in the Administrative Review Decree issued under Article 11 of the Common Law.
Eligibility for Administrative Review
Only parties who participated in the original investigation and were negatively affected by the final determination can apply.
The application must be submitted in Arabic to the Economic and Development Division of the GCC’s Technical Secretariat within 30 days from the final determination’s publication date.
Submission date is the receipt date by the Technical Secretariat, whether by hand, email, or fax. The applicant must prove the receipt date.
Required Information for Administrative Review
The application must include:
Name, job description, signature, and address of the appellant.
Name of the committee to which the appeal is submitted.
Date of the final determination and its publication date in the Official Gazette.
Subject and reasons for the appeal, with all related documents attached and provided within the deadline.
Upon submission, the Technical Secretariat files the application in a special record and circulates it to the Ministerial Committee members. The committee must issue its decision within 60 days of receipt. Applicants must be notified within five days of the decision. If not notified within 60 days, the appeal is considered rejected.
The Judicial Appeal Process
If the Administrative Review is unsuccessful, the decision can be appealed to the GCC Specialized Judicial Commission within 30 days of notification.
Procedures for Judicial Appeal
The appeal must be submitted in Arabic to the Technical Secretariat within 30 days of the Administrative Review decision notification.
The Judicial Appeal Decree issued under Article 11 of the Common Law details the procedures and deadlines.
Required Information for Judicial Appeal
The Judicial Appeal must include:
Name, job title, signature, and address of the appellant.
Name of the committee to which the appeal is submitted.
Date of the final determination and its publication date in the Official Gazette.
Subject and reasons for the appeal, with all related documents attached and provided within the deadline.
By understanding these processes, businesses can better navigate the appeals system under the GCC's Unified Law on Anti-Dumping, Countervailing, and Safeguard Measures, ensuring their rights are protected in trade remedy cases.
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