G/ADP/Q1/SAU/7  
G/SCM/Q1/SAU/7  
G/SG/Q1/SAU/9  
 
2 October 2023  
(23-6616) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES  18.5, 32.6 AND 12.6  OF THE AGREEMENTS  
QUESTIONS POSED BY THE UNITED STATES  
REGARDING THE NOTIFICATION OF THE KINGDOM OF SAUDI ARABIA1 
The following communication , dated  and received on 29 September 2023 , is being circulated at the 
request of the delegation of the United States . 
 
_______________  
 
 
The United States thanks the Kingdom of Saudi Arabia  for its notification regarding the Law of Trade 
Remedies in International Trade (the Law) and the Executive Regulation of the Law of Trade 
Remedies in International Trade (the Regulation), and poses the following questions:2 
 
Question 1  
 
Please clarify whether throughout the Law and the Regulation "days" referring to various timelines 
and deadlines means calendar or business days.  
 
Question 2  
 
Article 1 of the Law explains that parties may request a refund review on behalf of an importer. 
Please identify the categories of interested parties that can request a refund re view on behalf of an 
importer. Additionally, explain whether the General Authority of Foreign Trade (the Authority) 
provides notice to interested parties in which it identifies the deadlines and requirements for refund 
reviews pertaining to active measures . Finally, please explain whether refund reviews set a new duty 
amount going forward or only act to refund duties that were improperly collected.  
 
Question 3  
 
Article 1 of the Law defines the Department as "{t}he Department responsible for trade remedies 
issues in the Authority." Additionally, Article 4 describes the other entities (the Authority, the 
Department, Governor, Chairperson, and other government entities) involved in trade remedy 
investigations. Please explain in additional detail the role each e ntity has in the conduct of trade 
remedy investigations and imposition of trade remedy measures. For example, how does the role of 
the Authority, the Department, and Governor differ? Which entity is responsible for the conduct of 
the trade remedy investiga tion? Which entity has the final say in deciding whether a trade remedy 
measure is imposed and the level of any such measure? Are any of the positions politically 
appointed? If so, which agency or individual is responsible for filling the appointed positio ns? 
 
 
1 G/ADP/N/1/SAU/2/Suppl.2  - G/SCM/N/1/SAU/2/Suppl.2  - G/SG/N/1/SAU/2/Suppl.2  and 
G/ADP/N/1/SAU/2/Suppl.3  - G/SCM/N/1/SAU/2/Suppl.3  - G/SG/N/1/S AU/2/Suppl.3 . 
2 For the sake of efficiency, the United States suggests that committee review for all questions be 
conducted in the Committee on Anti -Dumping Practices.  G/ADP/Q1/SAU/7 • G/SCM/Q1/SAU/7 • G/SG/Q1/SAU/9  
 
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  Question 4  
 
Article 3 of the Law states that when conducting investigations and reviews on imports destined to 
the Kingdom from non-WTO Members , the Governor of the Authority (the Governor) may apply the 
provisions of the Law and the Regulation, in wh ole or in part, or "take other measures in a manner 
that does not conflict with the Kingdom's international commitments." Please provide examples of 
"other measures" that may be taken and explain how such measures are determined. Furthermore, 
please explai n whether such "other measures" must comply with provisions articulated in the Law 
and the Regulation.  
 
Question 5  
 
Article 8 of the Law states that antidumping duty measures and countervailing duty measures "shall 
not be imposed on the same product from t he same source as a dual remedy for the same situation 
of dumping and an export subsidy." Discuss whether the Authority can conduct simultaneous 
antidumping and countervailing duty investigations of the same product from the same exporting 
country. If so, explain how the Authority determines the applicable duty rate when the Authority 
issues affirmative determinations in both investigations.  
 
Question 6  
 
Article 9, paragraph 5 of the Law states that price undertakings may be accepted in the period 
between t he preliminary affirmative determinations and final determinations. Explain whether the 
Authority refunds and returns provisional duties and securities, respectively, when it accepts a price 
undertaking.  
 
Question 7  
 
Article 16, paragraph 2 of the Law states that the public notice of imposition of provisional and 
definitive measures includes the decree issued by the Chairperson and a summary of the preliminary 
or final findings of the Authority, which "shall be publish ed in the Official Gazette." Where are the 
Kingdom of Saudi Arabia 's notices concerning trade remedy actions published? Please provide the 
URL website link.  
 
Question 8  
 
Article 19 of the Law provides that "{p}ublic interest persons" may submit information  to the 
Authority concerning the effects of trade remedy measures on the public interest. Please explain 
whether such information must pertain exclusively to the effect on the domestic market for the like 
product, or whether it can pertain to other factors  such as the effect on downstream customers and 
industries. Additionally, please explain whether individuals, governments, or other interested parties 
or entities located outside the Kingdom of Saudi Arabia  may submit public interest information.  
 
Question  9 
 
Article 20 of the Law states that the Chairperson of the Board of Directors of the Authority (the 
Chairperson) may consider public interest information when determining whether to impose or 
extend definitive measures. Describe how the Chairperson evalu ates the public interest information 
and determines whether such information justifies not imposing or extending measures or reducing 
the period of imposition or level of such measures. In instances where the level of the measure is 
reduced, please explain  how the reduced level is determined and calculated. Further, discuss 
whether decisions regarding public interest are provided to the interested parties for comment, and 
whether decisions regarding public interest are subject to the judicial review procedu res described 
in Chapter X of the Law.  
 
Question 10  
 
Article 28 of the Law explains that domestic industries may submit trade remedies complaints under 
the Law or the GCC Common Law of Antidumping, Countervailing and Safeguard Measures (the 
Common Law). Ho wever, the article prohibits concurrent investigations of the same product from 
the same country under both the Law and the Common Law. Discuss whether domestic industries 
are incentivized or otherwise encouraged to pursue trade remedies under either the L aw or the G/ADP/Q1/SAU/7 • G/SCM /Q1/SAU/7 • G/SG/Q1/SAU/9  
 
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  Common Law. Are petitioners in the Kingdom of Saudi Arabia  allowed to freely choose whether to 
pursue trade remedy cases under the Law or Common Law?  
 
Question 11  
 
Please explain whether the Kingdom of Saudi Arabia 's new law and regulations will work in tandem 
with the GCC 's Common Law? Please identify and describe any conflicting provisions between the 
Law and the Common Law. In the event of any conflicting provisions, which law prevails? What role, 
if any, will the GCC play in t rade remedy investigations brought by the Kingdom of Saudi Arabia  and 
conducted under the Kingdom of Saudi Arabia 's law and regulations? Where are the GCC 's notices 
concerning trade remedy actions under the Common Law published? Please provide the URL webs ite 
link for the GCC 's trade remedy actions.  
 
Question 12  
 
If the Kingdom of Saudi Arabia  makes an affirmative finding in a trade remedy investigation and 
imposes antidumping, countervailing duty, or safeguard duties under its own law and regulations, 
will the duties be applicable to imports of the subject product into all member states of the GCC 
(i.e., Bahrain, Kuwait, Oman, Qatar, the Kingdom of Saudi Arabia  and the United Arab Emirates), or 
only on imports into the Kingdom of Saudi Arabia ? 
 
Question 13  
 
Article 3 of the Regulation instructs the Department to determine whether to accept a complaint 
request and to notify the complainant industry of its decision. Clarify whether the Law or Regulation 
provides a deadline for the Department 's decision to acce pt a complaint request. If not, describe the 
Department 's practice, including typical timelines, for determining whether to accept a complaint 
request.  
 
Question 14  
 
Article 4 of the Regulation stipulates that the complainant industry "shall grant authorization of 
powers to its representatives or to those acting on its behalf to submit and receive confidential and 
non-confidential information" pertaining to the complaint and investigation. Explain whether the 
Authority maintains eligibility requirem ents for potential representatives ( e.g., residency 
requirements, law license requirements, etc.), or otherwise forbids certain categories of persons or 
organizations from representing the complainant industry.  
 
Question 15  
 
Article 4 of the Regulation pro vides that, for the purposes of accepting a complaint, initiating an 
investigation, and defining the domestic industry, the Department may exclude producers "that are 
proven to be related to the exporters or importers of the product subject to the complain t or under 
investigation…." Describe how the Department evaluates such relationships, and determines 
whether to exclude related companies, before initiating the investigation. Additionally, discuss 
whether the Department excludes related companies from its  analysis of industry support before 
initiating an investigation.  
 
Question 16  
 
Article 9 of the Regulation states that the Department shall not consider oral information provided 
during a hearing, unless the party submits the information in writing within  7 days of the hearing. 
Clarify whether the party must submit such written information before or after the hearing.  
 
Question 17  
 
Article 11 of the Regulation states that the investigation procedures articulated in the Regulation 
"are not intended to preve nt the Authority from proceeding" with various determinations "within the 
time limits specified by law, as long as the conclusions reached by the Authority are in accordance 
with the relevant provisions of the Law and the Regulation." Explain how the Autho rity evaluates 
whether such conclusions accord with the Law and Regulation. Additionally, describe the extent to 
which the Authority must explain such conclusions in its determination materials.  G/ADP/Q1/SAU/7 • G/SCM/Q1/SAU/7 • G/SG/Q1/SAU/9  
 
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Question 18  
 
Article 40 of the Regulations describes the Aut hority 's refund review policy. Explain whether the 
domestic complainant industry can request a review to demonstrate that the dumping margin over 
a given period of review exceeded the duties paid in that period. Moreover, discuss whether 
importers must pay  additional duties if the Authority determines through a refund review that the 
dumping margin exceeded duties paid in the period of review.  
 
__________