WORLD TRADE
ORGANIZATIONG/ADP/N/1/MAR/2
G/SCM/N/1/MAR/2
27 September 2000
(00-3897)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  French
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
MOROCCO
The following communication, dated 15 September 2000, has been received from the
Permanent Mission of Morocco.
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The Permanent Mission of the Kingdom of Morocco to the United Nations Office at Geneva
and the other international organizations in Switzerland presents its compliments to the Secretariat of
the World Trade Organization (Rules Division) and has the honour to transmit herewith thedocuments indicated below issued by the competent Moroccan authorities:
1. Annex relating to Article 15 as amended of the Foreign Trade Law No. 13-89
showing the amendments (text in bold underlined);
2. Laws and regulations relating to subsidies, countervailing and anti-dumping
measures.G/ADP/N/1/MAR/2
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Annex relating to Article 15 as amended of the Foreign Trade Law No. 13-89
Title II: Measures to safeguard domestic industry
Article 15
When imports cause or threaten to cause materi al injury to an established domestic industry
or materially retard the establishment of a domestic industry, they may be subject to:
1. Countervailing duties:  if it is found that the products imported directly or indirectly
enjoy a bounty or subsidy on their manufacture, production or export in the country
of origin or the country from which they are imported;
2. Anti-dumping duties:  if it is found that the import price is less than its normal value,
and where:
(a) The price is less than the comparable price, in the ordinary course of trade,
for the like product when destined for consumption in the exporting country;
(b) or where, in the absence of such domestic price, the price of the exported
product is:
- Less than the highest comparable price for the like product for export
to any third country, in the ordinary course of trade;  or
- below the cost of production of the product in the country of origin
plus a reasonable addition for selling costs and profits.
3. Tariff or non-tariff measures if a massive increase in imports of directly competitive like
products is noted ;
4. Non-tariff measures in the case of imports of products entering duty free under
agreements concluded between Morocco and other co untries prior to the entry into force of this
Law ;
5. A duty to be added to the tariff equivalent  referred to under Article 5 if a significant
decrease in the price of the products re ferred to in Article 7 above is noted.
Until definitive measures are adopted, as a provisional emergency measure, the
authorities may take the measures referred to in paragraphs 1, 2, 3 and 5 above in order to
ensure the protection of the domestic industry.
The authorities are also empowered, as a precautionary measure, either ex officio or at
the request of the interested parties, to req uire a prior import declaration for imports of
products which cause or threaten to cause injury to the domestic industry.
The period during which such declarations may be required shall not exceed a period of
three months, renewable once only.G/ADP/N/1/MAR/2
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LAWS AND REGULATIONS RELATING TO SUBSIDIES, COUNTERVAILING
AND ANTI-DUMPING MEASURES
MOROCCO
Notification under Article 18.5 of the Agreement on Anti-Dumping and Article 32.6 of the
Agreement on Subsidies and Countervailing Measur es, in the light of information contained in
WT/COMTD/W/1.
PROVISIONS OF ARTICLE 15 OF THE FOREIGN TRADE LAW NO. 13-89
When imports cause or threaten to cause materi al injury to an established domestic industry
or materially retard the establishment of a domestic industry, they may be subject to:
1. Countervailing duties:  if it is found that the products imported directly or indirectly
enjoy a bounty or subsidy on their manufacture, production or export in the country
of origin or the country from which they are imported;
2. Anti-dumping duties:  if it is found that the import price is less than its normal value,
and where:
(a) The price is less than the comparable price, in the ordinary course of trade,
for the like product when destined for consumption in the exporting country;
(b) or where, in the absence of such domestic price, the price of the exported
product is:
- Less than the highest comparable price for the like product for export
to any third country, in the ordinary course of trade;  or
- below the cost of production of the product in the country of origin
plus a reasonable addition for selling costs and profits.
Pending the implementation of the measures set out in 1 and 2 above, the authorities are
empowered, as a precautionary measure, either ex officio or at the request of the interested parties, to
acquire a prior import declaration for imports of products which cause or threaten to cause injury to
the domestic industry.
The period during which such declarations may be required shall not exceed a period of
three months, renewable once only.G/ADP/N/1/MAR/2
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TITLE V OF DECREE NO. 2-93-415:  MODALITIES FOR THE APPLICATION OF
ANTI-DUMPING AND COUNTERVAILING DUTIES
Article 22:  Producers, importers, producers' associations, authorities acting on behalf of an
industry or users seeking to benefit from the safeguard measures provided under Article 15 of the
aforementioned Law No. 13-89 shall submit their applications to the Ministry responsible for foreign
trade, against a receipt.
The aforementioned applications shall contain evidence of the existence of:
(a) Dumping;(b) a subsidy or bounty;
(c) a causal link between the imported product that is dumped or receives a
subsidy or bounty and the injury suffered.
Article 23:  Applications submitted in accordance with the provisions of the first paragraph
of Article 22 above shall be referred by the Minister responsible for foreign trade for preliminaryconsideration to the Minister concerned and, within a period not exceeding thirty (30) days from the
date of referral, the latter shall return the application to the Minister responsible for foreign trade,
together with his opinion.
Article 24:  If the Minister concerned provides evidence of the existence of dumping, a
subsidy or bounty and injury caused to the domestic industry, the safeguard measures provided under
Article 15 of the aforementioned Law No. 13-89 shall be applied forthwith by order of the Minister
for Finance, following consultation with the Minister or Ministers concerned.
If no evidence is provided, the Minister responsible for foreign trade shall refer the matter to
the Consultative Commission on Imports for its opinion.
When applying the safeguard measures provided in the first paragraph above, the amount of
the anti-dumping duty shall not under any circumstances exceed the margin of dumping and the
amount of the countervailing duty shall not under any circumstances exceed the amount of the subsidy
or bounty.
Article 25:  For the purposes of obtaining further information, the Consultative Commission
on Imports may decide to hold a prior public enquiry in respect of any applications referred to it for its
opinion.
The above enquiry shall be notified to all interested persons through the press and shall state
the time-limit for submissions of any observations concerning the application.
For this purpose, a model questionnaire shall be made available to interested persons at the
head office of the Ministry responsible for foreign trade.  The duly completed questionnaire shall be
submitted to the Consultative Commission on Imports before the expiry of the time-limit specified inthe previous paragraph.
Article 26:   The Consultative Commission on Imports shall give its reasoned opinion to the
Minister responsible of foreign trade within a maximum of four (4) months from the date of referral.G/ADP/N/1/MAR/2
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Article 27:  Decisions concerning the prior import declarations prescribed under Article 15,
second paragraph, of the above-mentioned Law No. 13-89 shall be taken jointly by the Minister
responsible for foreign trade and the Minister or Ministers concerned.
Article 28:  Prior import declarations shall be processed by the Minister responsible for
foreign trade within a maximum of ten (10) days.
Prior import declarations may also be referred to the Minister concerned for his prior opinion.
In that case, the time-limit for consideration shal l be extended to a maximum of twenty (20) days.
Article 29:  Anti-dumping and countervailing duties imposed under the provisions of this
Title shall remain in force as long as the measures justifying them persist.
Article 30:  The provisions of this Title shall apply to parts or components for the assembly
or finishing of any product subject to an anti-dumping or countervailing duty.
TITLE III OF DECREE NO. 2-93-415:  THE CONSULTATIVE
COMMISSION ON IMPORTS
Article 9:  A Consultative Commission on Imports shall be established under the Minister
responsible for foreign trade to give an opinion on all matters relating to:
- Requests for tariff or quota protection under Articles 2 and 3 of the aforementioned
Law No. 13-89;
- requests by producers, importers or users of a particular product, seeking to benefit
from the safeguard measures provided under Title II of the aforementioned Law
No. 13-89.
Article 10:  The Consultative Commission on Imports shall comprise:
- A representative of the Ministry responsible for foreign trade, as Chairman;- a representative of the Ministry responsible for finance;- a representative of the Ministry responsible for the interior;
- a representative of the Ministry concerned by the application or request in question;
- a representative of the Ministry responsible for economic affairs;- a representative of the Customs and Indirect Taxation Authority;- a representative of the most representative professional association or associations
concerned by the application or the request in question, appointed by the Ministry
responsible for the relevant sector, on the recommendation of the said associations;
- a representative of the Federation of Chambers of Commerce and Industry;
- a representative of the Federation of Chambers of Agriculture;G/ADP/N/1/MAR/2
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- a representative of the Federation of Craft Chambers.
The Chairman of the Consultative Commission on Imports may co-opt any other person
whose opinion may be useful in the light of their experience and qualifications.
Article 11:  The work of the Consultative Commission on Imports shall be governed by rules
of procedure, which shall be established by the Commission itself and approved by the Ministry
responsible for foreign trade.
Article 12:  The Secretariat of the Consultative Commission on Imports shall be provided by
the Ministry responsible for foreign trade.
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