Anti-Dumping Investigation Procedures in the GCC

Anti-Dumping Investigation Procedures in the GCC

Anti-dumping measures in the Gulf Cooperation Council (GCC) are governed by the Unified Law on Anti-Dumping, Countervailing, and Safeguards Measures (“Law”) and its Rules of Implementation (“Rules”) pursuant to Article 4 of the Law.

The competent authority responsible for carrying out anti-dumping investigations in the GCC is the Bureau of Technical Secretariat for Anti Injurious Practices in International Trade (“GCC-TSAIP”) as per Article 9 of the Law in conjunction with Article 86 of the Rules.

To proceed with an anti-dumping investigation in the GCC; the investigation procedure is as follows:

Lodging a Complaint by the Domestic Industry

• Pursuant to Article 2 of the Rules the GCC industry, or on its behalf, shall file a complaint to the GCC-TSAIP. The complaint must include sufficient evidence that the imported products are sold at dumped prices in the GCC market causing material injury to local industries producing like products.

• According to Article 6 of the Rules the complainants must represent at least 25% of the total GCC production.

• In exceptional circumstances, the GCC-TSAIP could self-initiate a dumping investigation provided that it is substantiated by adequate evidence.

Assessing the Accuracy and Adequacy of the Provided Evidence

• According to Article 3 of the Rules the GCC-TSAIP shall evaluate and present a preliminary overview whether the provided evidence is sufficient and admissible to initiate an investigation within 30 days of filing the complaint.

• Within 15 days of the preliminary overview the GCC-TSAIP either rejects or accepts the initiation of the investigation.

Notifying Interested Parties

Pursuant to Article 7 of the Rules interested parties, known to the GCC-TSAIP, to have interest in the investigation shall be notified.

Notice of Initiation

As per Article 9 of the Rules the notice of initiation will be published in the Official Gazette of the GCC-TSAIP or in two local newspapers within 10 days of the GCC-TSAIP confirming the launch of the anti-dumping investigation.

Completing Questionnaires

• Pursuant to Articles 11 and 12 of the Rules the GCC-TSAIP will send questionnaires to GCC producers, importers, exporters, foreign producers and consumers. Those interested parties shall complete the questionnaires and reply to the GCC-TSAIP providing all necessary information within 40 days of receipt. If deemed necessary, this deadline may be extended by 10 days.

• Sampling: according to Article 13 of the Rules in circumstances involving a large number of complainants, importers, exporters, products under investigation or transactions, the GCC-TSAIP may limit its investigation to a reasonable number of parties, products or transactions in order to complete the investigation. The deadline for submitting samples is set on a case-by-case basis, within the period stipulated in the published notice, as it is not prescribed in the Rules and is left to the discretion of the GCC-TSAIP.

Preliminary Findings

• Pursuant to Article 20 of the Rules the GCC-TSAIP shall publish its initial findings within 180 days of the initiation of the investigation. Interested parties are given the opportunity to comment on the provisional findings within 15 days of its publication.

• Final findings shall be published within 180 days of the publication of the preliminary findings.

Public Hearings

• Pursuant to Article 14 of the Rules interested parties may request a hearing by submitting a written request to the GCC-TSAIP within the period specified in the published notice, as it is not specified in the Rules and is left to the discretion of the GCC-TSAIP.

Verification Visits

• According to Article 18 of the Rules the GCC-TSAIP, where deemed necessary, may conduct an on-the-spot investigation to verify the accuracy of the submitted information.

• Non-cooperation: as per Article 26 of the Rules if any interested party fails to provide, refuses to present the necessary information within the specified time limits, or provides misleading information that hinders the investigation, the GCC-TSAIP may issue its final or provisional findings, negative or positive, based on the available information.

Timeframe of the Investigation and Interim Review

• Pursuant to Article 23 of the Rules in any case, the anti-dumping investigation shall be completed within 12 months and in special circumstances the GCC-TSAIP may extend it to no more than 18 months.

• Interim Review: According to Article 46 of the Rules one year after the imposition of the definitive measure an interim review may be conducted, where appropriate, on the GCC’s own initiative or at the request of any interested party.

Final Decision, Imposition of Definitive Duties, and Sunset Review

• According to Article 37 of the Rules a definitive measure remains effective as long as it is necessary to counteract the dumping causing injury. However, normally anti-dumping measures are imposed for a period of 5 years.

• Sunset Review: as per Article 48 of the Rules when there is a likelihood of continuation or recurrence of dumping and injury a sunset review shall be requested by the GCC industry no later than 3 months before the date of expiry of the measure in place.

Access to Information

As per Article 14.3 of the Rules all interested parties have access to non-confidential information submitted in the form of a publicly available file.