WORLD TRADE  
ORGANIZATION   
G/ADP/N/1/EGY/2/Rev.1* 
G/SCM/N/1/EGY/2/Rev.1*
G/SG/N/1/EGY/2 
18 December 1998 
 (98-5095) 
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  
 
EGYPT 
 
Revision 
 
                                                      
* This document incorporates the unofficial translation of Official Journal Issue No. 24, Supplement A, 
concerning Law No. 161, circulated in document G/ADP/N/1/EGY/2-G/SCM/N/1/EGY/2 of 11 November 1998 
together with the Implementing Regulations of the said Law. G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 2 
  
  
UNOFFICIAL TRANSLATION 
 
Official Journal Issue No. 24 Supplement A – dated 11 June 1998 
 
LAW NO. 161 OF THE YEAR 1998 CO NCERNING THE PROTECTION 
OF NATIONAL ECONOMY FROM THE EFFECTS OF INJURIOUS 
PRACTICES IN INTERNATIONAL TRADE  
 
 
ARTICLE 1  
 
 The Ministry of Trade and Supply shall be concerned with applying methods, procedures, 
measures, and making the necessary decisions for the protection of the national economy from the 
injury resulting from subsidies or dumping practices or the unjustifiable increase in imports, in accordance with the relevant Agreements embodied  in the Final Act of the Uruguay Round of 
Multilateral Trade Negotiation to which the Arab Re public of Egypt adhered to by virtue of the 
Decree of the President of the Republic No. 72 of the year 1995.  
 The Ministry shall be the Authority responsible  for implementing the provisions of this Law, 
and in so doing it shall undertake the following:  (A) Provide the studies, information and data n ecessary for establishing evidence of subsidies or 
dumping, or unjustifiable increase in imports; 
 
(B) Extend technical assistance to local produ cers facing a complaint from a Member of the 
World Trade Organization, in the cases referred to in the previous paragraph. 
 
ARTICLE 2  
  The Minister of Trade and Supply shall have the power to request the information and data 
which are necessary for establishing cases of subsidies or dumping, or unjustifiable increase in imports, from any entity whatsoever .  The entity from which such information and data are required 
shall submit them within at most thirty days from the date of the request.  ARTICLE 3  
 
 The Minister of Trade and Supply shall make the necessary decisions concerning the countervailing measures prescribed in the Agreements referred to in Article (1) of this Law, to 
confront subsidies or dumping cases, or the unjustifia ble increase in imports, in accordance with the 
disciplines and within the limits  prescribed in these Agreements. 
 
ARTICLE 4  
 
 The Administrative Court shall have the exclus ive jurisdiction to consider and examine the 
disputes related to the implementation of the provisions  of the previous Articles.  Appeals against the 
rulings pronounced by the Administrative Court shall be filed before the High Administrative Court. 
  The settlement of these disputes and claims sh all take place promptly and be effected in 
accordance with the provisions compri sed in the Agreements referred to in Article (1) of this Law. 
  G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 3 
  
 ARTICLE 5  
 
 A list of experts in the areas of specialization necessary for the implementation of the 
Agreements referred to in Article (1) of this Law shall be compiled by the Ministry of Justice.  
Inclusion in this list shall be done according to the terms and conditions to be issued by virtue of a 
decision to be issued by the Minister of Justice in  agreement with the Minister of Trade and Supply. 
  The Court shall determine expert fees a ccording to the provisions of the executive 
regulations.  It shall also determine th e party that is bound to incur these fees. 
 
ARTICLE 6  
 
 All persons or entities concerned with investig ating the complaints related to subsidies or 
dumping cases, or the unjustifiable increase in im ports and also with im plementing the relevant 
procedures, measures and decisions, as well as ex amining the complaints shall maintain the 
confidentiality of the information and data whic h are given and provided by the concerned parties 
according to the provisions prescribed in this Law and in its executive regulations, and those 
comprised in the Agreements referred to in Article (1) of this Law.  
 It shall be prohibited to disclose the informati on and data referred to above, except by virtue 
of an explicit written permission from the party that provided it.  
ARTICLE 7  
  Without prejudice to more stringent penalties prescribed by law, violating the prohibition 
prescribed in the previous article shall be liable to penalizing with a fine of not less than ten thousand 
pounds and not exceeding fifty thousand pounds.  
ARTICLE 8  
  The Minister of Justice in agreement with the Minister of Trade and Supply shall issue a 
decision defining those who are vested with the au thority of investigating the crimes committed in 
violation of the provisions of this Law and its executive regulations.  
ARTICLE 9  
 
 Article (8) of the Customs Law as promulgated by Law No. (66) of the year 1963 shall be abrogated.  Any provision that contradicts the pr ovisions of this Law shall also be abrogated. 
 
ARTICLE 10  
  The Minister of Trade and Supply shall issue the executive regulations of this Law and the 
decisions necessary for its implementation within a pe riod of three months from the date of its entry 
into force.  
ARTICLE 11  
 
 This Law shall be published in the Official J ournal and shall enter into force as of the day 
following the date of its publication.  G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 4 
  
  THIS LAW SHALL BE STAMPED WITH THE SEAL OF THE STATE AND ENFORCED 
AS ONE OF ITS LAWS.  
 ISSUED AT THE PRESIDENCY OF THE REPUBLIC ON 16 SAFAR HEJIRA 
YEAR 1419 (11 JUNE 1998).   G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 5 
  
 IMPLEMENTING REGULATIONS OF THE EGYPTIAN LAW NO. 161 
CONCERNING THE PROTECTI ON OF THE NATIONAL 
ECONOMY FROM INJURIOUS EFFECTS OF UNFAIR 
PRACTICES IN INTERNATIONAL LAW 
 
TABLE OF CONTENTS 
 
Page 
 PART I – DEFINITIONS AND GENERAL PROVISIONS  ........................................................... 6 
  Section 1 – Definitions ...................................................................................................... ....... 6 
 Section 2 – General Provisions ............................................................................................... . 7 
 
PART II – APPLICATION AND PROCEDURES OF INVESTIGATION  ................................. 9 
  Section 1 – The Application .................................................................................................. .. 9 
 Section 2 – Investigation Procedures ..................................................................................... 11   
PART III – ANTI-DUMPING  ......................................................................................................... 13 
  Section 1 – Dumping Calculations ........................................................................................ 13  Section 2 – Determination of Injury ...................................................................................... 14  Section 3 – Provisional Measures .......................................................................................... 16  
 Section 4 – Definitive Anti-Dumping Duties ........................................................................ 16 
 Section 5 – Undertakings ..................................................................................................... .. 17 
 Section 6 – Retroactivity .................................................................................................... .... 18 
 Section 7 – Review of Definitive Anti-Dumping Duties ....................................................... 18  PART IV – SUBSIDY AND COUNTERVAILING MEASURES  ................................................ 19 
 
 Section 1 – Definition of Subsidy .......................................................................................... 1 9 
 Section 2 – Consultations .................................................................................................... ... 19 
 Section 3 – Subsidy Calculations ........................................................................................... 2 0 
 Section 4 – Determination of Injury ...................................................................................... 21 
 Section 5 – Provisional Measures .......................................................................................... 22  
 Section 6 – Definitive Countervailing Duties ........................................................................ 22  Section 7 – Undertakings ..................................................................................................... .. 23 
 Section 8 – Retroactivity .................................................................................................... .... 24 
 Section 9 – Review of Defi nitive Countervailing Duties....................................................... 24 
 PART V – SAFEGUARD MEASURES AGAINST THE UNJUSTIFIABLE INCREASE 
IN IMPORTS  .............................................................................................................................. ...... 25 
  Section 1 – Application of Safeguard Measures .................................................................... 25  Section 2 – Determination of Serious  Injury or Threat Thereof ............................................ 25 
 Section 3 – Provisional Safeguard Measures ......................................................................... 26 
 Section 4 – Definitive Measures ............................................................................................ 2 6 
 PART IV – FINAL PROVISIONS  .................................................................................................. 27 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 6 
  
 REGULATION OF LAW NO. 161/1998 CONCERNING THE 
PROTECTION OF NATIONAL ECONOMY FROM INJURIOUS 
EFFECTS OF UNFAIR PRACTICES IN INTERNATIONAL TRADE  
 
 
PART I:  "DEFINITIONS AND GENERAL PROVISIONS" 
 Section 1:  "Definitions" 
 
Article 1  
 
 In applying the provisions of this regulation,  the following terms shall be defined as follows: 
 
- "Final Act"  means the Act including the Results of  the Multilateral Trade Negotiations of 
the Uruguay Round. 
 
- "WTO Agreement"  means the Marrakesh Agreement Establishing the World Trade 
Organization concluded in Marrakesh, Morocco, on 15 April 1994. 
 
- "Anti-Dumping Agreement"  means the Agreement included in Annex (1A) to the Final Act 
of the Results of the Uruguay Round concerni ng the Implementation of Article VI of GATT 
1994 and regulating the imposition of anti-dumping duties against dumped imports causing material injury to the domestic industry or threat thereof. 
 
- "Agreement on Subsidies and Countervailing Measures"  means the Agreement included 
in Annex (1A) to the Final Act of the Results of the Uruguay Round concerning the 
Implementation of Article XVI of GA TT 1994 and regulating the imposition of 
countervailing duties against countries which pr ovide subsidies for the goods exported from 
them and thereby causing injury to the domestic industry or threat thereof. 
 
- "Agreement on Safeguards"  means the Agreement included in  Annex (1A) to the Final Act 
of the Results of the Uruguay Round concerni ng the Implementation of Article 19 of GATT 
1994, regulating the imposition of safeguard measures against increased imports causing 
serious injury to the domestic industry or threat thereof. 
 
- "Injurious Practices"  means the increase of imports of a product as a result of dumping or 
subsidy which causes material injury to the domestic industry or threat thereof, or the unjustifiable increase of imports which causes serious  injury to the domestic industry or threat 
thereof. 
 
- "Concerned parties" shall include the domestic industry (the applicant), those acting on 
behalf of the domestic industry,  importers, exporters and govern ments of exporting countries. 
 
- "Other interested parties"  means industrial users of the product under investigation, 
consumer associations, government bodies res ponsible for consumer protection, government 
bodies responsible for making competition policies or any other foreign or domestic parties 
found to have an interest. 
 
- "Domestic Industry"  means the Egyptian producers of the like product whose collective 
output represents a major proportion of the domestic production of that product.  This 
definition is applicable to both industrial and agricultural production.  G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 7 
  
  
- "Independent buyer"  means a buyer who is in no way related to the importer;  there is no 
commercial or production partnership between the buyer and the importer, there is no 
common relationship in another business, they are not directly or indirectly controlled by a 
third party or members of the same family. 
 
- "Government of an exporting country"  means: 
 
 (a) The government of a foreign country; 
  (b) Any local or regional government or authority of a foreign country;   (c) A body that exercises authority for an association of foreign countries; 
 
 (d) A person, agency or institution acting fo r or on behalf of a government or body 
referred to in (a) to (c) of this definition. 
 - "Members having substantial interest in supplying the product concerned"  means those 
Member states who export a significant proportion of the total imports of Egypt's imports of 
the product under investigation. 
 
- "The Investigating Authority"  means The International Trade Policies Department (Anti-
Dumping, Subsidy and Safeguard Department), Foreign Trade Sector. 
 
Section 2:  General Provisions  
 
Article 2  
 
 The Foreign Trade Sector, Ministry of Trade and Supply, shall be the competent authority for implementing the provisions of Law No. 161/1998 referred to. 
 
Article 3  
 
 An Advisory Committee shall be formed upon a decree by the Minister of Trade and Supply 
to consider the results concluded by the Investig ating Authority concerning the injurious practices in 
international trade, so that the Committee can ma ke recommendations to the Minister of Trade and 
Supply.   This decree sets out the competencies, ru les and work system of that Committee. 
 
Article 4  
 
 Both the Head of the Foreign Trade Sector a nd the Head of the International Trade Policies 
Department of the Ministry of Trade and Supply sha ll be authorized to ask for the data required to 
prove the cases of subsidy, dumping or unjustifiable increase of imports.  
Article 5  
 
 In cases where the Administrative Court refers cases to a competent expert, a time-limit shall 
be set to complete the task and expert fees sh all not be less than three hundred pounds per day. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 8 
  
 Article 6  
 
 Notifications to interested parties, letters to  complete documents or to ask for comments shall 
be sent by a registered mail, courier service, which confirms delivery to the interested party personally 
or to his legal deputy.   The above-mentioned procedures shall be ta ken in all correspondence with the parties 
concerned in foreign countries through their diploma tic missions or authorized consuls in the Arab 
Republic of Egypt. 
 
Article 7  
 
 The Investigating Authority shall prepare a detailed report including information and 
explanations concerning all notifications.  This re port shall be available to all parties concerned. 
 - "Concerned parties" shall include the domestic industry (the applicant), those acting on 
behalf of the domestic industry,  importers, exporters and govern ments of exporting countries. 
 
- "Other interested parties"  means industrial users of the product under investigation, 
consumer associations, government bodies res ponsible for consumer protection, government 
bodies responsible for making competition policies or any other foreign or domestic parties 
found to have an interest. 
 
- "Domestic Industry"  means the Egyptian producers of the like product whose collective 
output represents a major proportion of the domestic production of that product.  This 
definition is applicable to both industrial and agricultural production. 
 
- "Independent buyer"  means a buyer who is in no way related to the importer;  there is no 
commercial or production partnership between the buyer and the importer, there is no common relationship in another business, they are not directly or indirectly controlled by a 
third party or members of the same family. 
 
 "Government of an exporting country"  means: 
 
 (a) The government of a foreign country;  
 (b) Any local or regional government or authority of a foreign country;   (c) A body that exercises authority for an association of foreign countries; 
  (d) A person, agency or institution acting fo r or on behalf of a government or body 
referred to in (a) to (c) of this definition. 
 - "Members having substantial interest in supplying the product concerned"  means those 
Member states who export a significant proportion of the total imports of Egypt's imports of 
the product under investigation. 
 
- "The Investigating Authority"  means The International Trade Policies Department (Anti-
Dumping, Subsidy and Safeguard Department), Foreign Trade Sector. 
  G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 9 
  
 Article 8  
 
 The Investigating Authority shall require inter ested parties providing confidential information 
to furnish non-confidential summaries thereof.  Thes e summaries shall be in sufficient detail to permit 
a reasonable understanding of the substance of th e information submitted in confidence.  Those 
parties may indicate that such information is not su sceptible of summary.  In this case a statement of 
the reasons why summarization is not possible must be provided.  
 The Investigating Authority may disregard data  and information provided if confidentiality is 
not justified or the request for confidentiality is not warranted.  
Article 9  
  All persons and bodies shall be required to prot ect the confidentiality of information and data 
in cases where it is necessary for the purpose of i nvestigation or appeal, to have access to such 
information.  
Article 10  
  Rejection of an application, initiation or termin ation of investigation, provisional or definitive 
measures or acceptance of a price undertaking or an y other measures shall be upon a decision by the 
Minister of Trade and Supply and upon a recomme ndation by the Advisory Committee mentioned in 
Article 3 of this regulation.  
Article 11  
 
 The Investigating Authority shall be required to complete the investigation within 12 months 
from the date of initiation.  The Minister of  Trade and Supply may extend this period, upon 
recommendation by the advisory committee referred  to, for another period of no more than six 
months. 
 
Article 12  
 
 Procedures, measures and duties applied in accord ance with this regulation shall be applicable 
to imported goods for which a custom statem ent has been made for final clearance. 
 
 
PART II:  "APPLICATION AND PROCEDURES OF INVESTIGATION"  
 
Section 1:  "The Application"  
 
Article 13  
 
 A written application of the effects caused by subsidy, dumping or an unjustifiable increase of 
imports shall be submitted to the Investigating Author ity in the form provided for this.  The applicant 
shall attach a non-confidential summary to the appli cation, in sufficient detail to permit a reasonable 
understanding of the substance of the information submitted in confidence. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 10 
  
 Article 14  
 
 The application shall be accepted only if it is l odged by or on behalf of the domestic industry, 
chamber of the industries concerned, federation of i ndustries, producers associations or the ministries 
supervising any of the production sectors.   The application shall include evidence of the existence of dumping, subsidy or an 
unjustifiable increase of imports, the injury caused  by each and the causal link between each and the 
injury caused or threaten ed to the applicant. 
 
Article 15  
 
 In applications where the domestic industry a lleges that dumped or subsidized imports have 
materially retarded the establishment of a new industry, the applicant should provide: 
 1. Whether the domestic industry of the like product has already been established and the time 
required to establish this industry if  it hasn't been established yet. 
 2. Possibilities of continuing this industry. 
 
3. Feasibility studies.  4. Negotiated loans.  
5. Contracts concluded to purchase new machiner y to implement new investment or to expand 
the existing factories. 
 
Article 16  
 
 The Investigating Authority should inform the applicant, within seven working days from the 
date of receiving the application, whether the a pplication has been accepted in principle.  The 
Investigating Authority may ask the applicant to  provide information re quired to consider the 
acceptance of the application.  The application shall be registered promptly after acceptance. 
 
Article 17  
 
 The Investigating Authority shall examine th e accuracy and adequ acy of the evidence 
provided within thirty days from the date of regist ering the application.  The Investigating Authority 
shall submit a preliminary report to the Advisory  Committee showing the results of considering 
whether to reject the application or to initiate an investigation.  This Committee shall present its 
recommendations to the Minister of Trade and Supply within ten days from the date of receiving this 
report. 
 
Article 18  
 
 The Investigating Authority shall notify the a pplicant of the reasons why the application was 
rejected within no more than seven da ys of the Ministerial determination. 
  G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 11 
  
 Section 2:  "Investigation Procedures" 
 
Article 19  
 
 An investigation shall not be initiated unless th e application is supported by those domestic 
producers whose collective output constitutes more th an 50 per cent of the total production of the like 
product produced by that portion of the domestic industry expressing either support for or opposition 
to the application.  However, no investigati on shall be initiated when domestic producers expressly 
supporting the application account for less than 25 per cent of total production of the like product 
produced by the domestic industry.  
Article 20  
  The Investigating Authority may, after presen ting the report to the Advisory Committee and 
after approval of the Minister, initiate an inves tigation without having received a written application 
by or on behalf of the domestic industry for the in itiation of such investigation only if they have 
sufficient evidence of dumping, subsidy or unjustif iable increase of imports, injury and a causal link 
to justify the initiation of an investigation.  
Article 21  
 
 The Investigating Authority shall notify the governments of the countries concerned with the 
applications already accepted before proceeding to initiate an investigation, except in respect of 
safeguard applications. 
 
Article 22  
 
 The Investigating Authority shall publish the no tice of the initiation of an investigation in the 
Official Gazette.  The notice shall include:  
1. Names of the countries of origin or export of the product under investigation. 
2. A description of the product in question. 3. A description of the allegations  and practices under investigation. 
4. A summary of the basis for alleged injury. 5. Time limits for other parties concerned to reply. 
6. The address the interested parties should send their replies to. 
 
Article 23  
 
 The Investigating Authority shall send all know n interested parties and the representatives of 
the exporting countries a copy of the non-confidential version of the application, the notice of 
initiation and questionnaires to get the data necessary  for the investigation.  The parties concerned 
should send their responses within 37 days from the date of receiving the questionnaires.  This period 
may be extended upon good cause accepte d by the Investigating Authority. 
 
Article 24  
 
 In cases where the number of the parties concerned or the types of products involved is so large as to make such investigation impracticab le, the Investigating Authority may limit their 
investigation to a representative sample of the parties or types of products involved. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 12 
  
 Article 25  
 
 The Investigating Authority shall provide fair opportunities for all parti es concerned to defend 
their interests during the period of investigation and may, upon request, hold hearings for the 
interested parties to present their views and argum ents.  All interested parties can present verbal 
information during the hearings, however, this inform ation shall not be taken into consideration unless 
it is provided in writing later on.  
Article 26  
 
 The Investigating Authority may conduct on-the-s pot verification visits inside and outside the 
country to obtain the informati on and data required for the inves tigation provided they obtain the 
approval of the parties concerned. 
 
Article 27  
 
 In case of absence of the data required, failu re to submit data within the time-limit or non-
cooperation with the Investigating Authority, th e Investigating Authority may proceed in the 
investigation procedures and come to conclusions according to the best information available. 
 
Article 28  
 
 Investigation procedures shall not prevent clear ance of consignments of the subject goods 
from customs. 
 
Article 29  
 
 Subject to the requirement to protect confid ential information, the Investigating Authority 
shall make available all information and data, rele vant to the investigation, to all the parties 
concerned.  The Investigating Authority shall disclos e the confidential information to the court or the 
expert it appoints upon written permission from the party providing such information. 
 
Article 30  
 
 The investigation shall be terminated if the I nvestigating Authority finds insufficient evidence 
of injurious practices, injury or causal link between both. 
 
Article 31  
 
 The Investigating Authority shall, where conditi ons of an injurious practice in international 
trade are met, prepare a report of the conclusions reached in the investigation within three months 
from the date of the notice of initiation. 
   G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 13 
  
 PART III:  "ANTI-DUMPING" 
 Section 1:  "Dumping Calculations" 
 
Article 32 
 
- Dumping  is the introduction of a product into Egypt at an export price which is less than its 
normal value in the ordinary course of trade. 
 
- Export price  shall be the price paid or payable by the importer other than any part of the 
price that represents: 
 
 (i) Costs, charges, and expenses incurred in  preparing the goods for shipment to Egypt 
that are additional to those costs, charg es, and expenses generally incurred on sales 
for home consumption;  and 
  (ii) Any other costs, charges, and expen ses resulting from the exportation of the goods or 
arising from their shipment from the country of export. 
 
- Normal value  shall be the price paid for the like goods in the ordinary course of trade for 
home consumption in the country of origin/expor t or the cost of production plus the selling, 
general and administrative costs in addition to the amount of profit normally realized on sales of goods or the price at which the like product is exported to a third country. 
 
 The Investigating Authority may construct th e normal value for goods originating in or 
exported from a state-economy country or on the basis of the data of a free-economy country with similar conditions or on any ot her basis it deems appropriate. 
 
Article 33  
  In cases where there is no export price for the product concerned or where it appears to the 
Investigating Authority that the export price is unreliable because of association, relationship or a 
compensatory agreement between exporter and the importer or a third party, the export price may be calculated on the basis of the selling price to the firs t independent buyer in the domestic market or any 
other basis the authority deems appropriate. 
 
Article 34  
 
 The normal value shall be constructed according to the cost of production in the country of 
origin plus an appropriate amount for selling, general and administrative costs and a reasonable 
margin of profit, or according to the export price of the goods to a third country in the following 
cases: 
 1. Where there are no sales in the domestic market of the country of export or where domestic 
sales are made at a loss. 
 
2. Where domestic sales of the subject goods account for less than  5 per cent of the export sales 
to Egypt. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 14 
  
 Article 35  
 
 In cases where there is insufficient data to determ ine the export price or the normal value, the 
Investigating Authority may determine them on th e basis of the best information available. 
 
Article 36  
 
 The margin of dumping  is the difference between the nor mal value and the export price. 
 
 In calculating the margin of dumping, the Inv estigating Authority shall make the calculations 
on the same level of trade for as nearly as possibl e the same period, taking into consideration the 
factors which affect price compar ability pursuant to the provisions of Article 2.4 of the Anti-Dumping 
Agreement. 
 
Article 37  
 
 The Investigating Authority shall calculate a separate margin of dumping for each exporter.  
The highest margin of dumping shall be im posed on the unknown or non-cooperative exporters. 
 
 If the number of exporters is large, the Inves tigating Authority may limit the investigation to a 
representative sample in which case the margin  of dumping shall be applied as follows: 
 1. Individual margins of dumping or the weight ed average of these margin s shall be applied to 
the representative sample of exporters. 
 
2. The weighted average of the dumping margin s calculated for the representative sample of 
exporters shall be applied to the coopera tive exporters not included in the sample. 
 3. The highest dumping margin shall be app lied to the unknown or non-cooperative exporters. 
 
Article 38  
 
 The Investigating Authority shall prepare a report to recommend the termination of the 
investigation in the following cases:  
 (a) If the volume of dumped imports from a partic ular country is less than 3 per cent of 
the volume of imports of the subject goods unless countries which individually account for less than 3 per cent of the total imports of the like product collectively account for more than 7 per cent of the total imports. 
  (b) If the margin of dumping is less than 2 per cent of the export price. 
 
Section 2:  "Determination of Injury"  
 
Article 39  
  The Investigating Authority, having examin ed all positive evidence, shall determine the 
material injury suffered by the domestic industry and shall verify the following:   G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 15 
  
 1. Existence of significant increase in dumped im ports, either in absolute terms or relative to 
production or consumption in Egypt.  With re gard to the effect of the dumped imports on 
prices the authority shall consider: 
 
 (a) Whether there has been a significant pr ice undercutting by the dumped imports as 
compared with the price of the domestic like product. 
  (b) Whether the effect of such imports is  to depress prices of the like product to a 
significant degree, or 
  (c) Whether the effect of such imports is to prevent price increases which otherwise 
would have occurred. 
 
2. The economic effects of the dumped imports  on the domestic industry reflected in the 
following: 
  (a) Actual and potential decline in sales, profits, production, market share, productivity, 
return on investment or utilization of capacity. 
 
 (b) Factors affecting domestic prices. 
  (c) Magnitude of the margin of dumping.   (d) Actual and potential negative effects on cash flow, inventories, employment, wages, 
investment, growth and ability to raise capital. 
  (e) Any other factors the Investigating Authority deem to be significant.  
Article 40  
  Subject to the provisions of Article 39 of this re gulation, in determining the threat of injury to 
the domestic industry, the Investigating Authority sha ll verify that the threat of injury is clear and 
imminent and shall consider the following:  1. The rate of increase of the dumped imports. 
 
2. Likelihood of significant increase in dumped im ports into Egypt in the light of contracts 
(future purchase orders). 
 3. Whether imports are entering at prices that  will have a significant depressing or suppressing 
effect on domestic prices, and would lik ely increase demand for further imports. 
 
4. The existence of significant export capacity or  inventories of the product in question in the 
exporting companies. 
 5. Any other factors which the Investigating Author ity determines to have an economic effect on 
the industry. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 16 
  
 Article 41  
 
 The Investigating Authority shall verify that the injury suffered by the industry is caused by 
the dumped imports and not due to any other causes. 
 
Article 42  
 
 The Investigating Authority shall, on receiving an application of dumped imports that led to 
materially retard a new industry, evaluate the cont ents of the application and prepare a report with 
their recommendations on it.  
Article 43  
  Where imports of a product from more than one country are simultaneously subject to anti-
dumping investigations, the Investigating Author ity may cumulatively assess the effects of such 
imports only if they determine that:  1. The margin of dumping established in relation to the imports from each country is 2 per cent 
or more of the export price. 
 
2. The volume of imports from each country is 3 pe r cent or more of the total volume of imports 
of the like product into Egypt. 
 3. The existence of competition among the imported products and between the imported 
products and the like domestic products. 
 
Section 3:  "Provisional Measures" 
 
Article 44  
  Provisional measures may take the form of a cash deposit which is not greater than the 
provisionally estimated margin of dumping.  Such  provisional measures shall not be applied sooner 
than 60 days from the date of initiation of the investigation and a conclusion is made by the 
Investigating Authority that there exists dumping which caused injury to the domestic industry. 
 
 Provisional measures shall be applied for a pe riod not exceeding four months, which may be 
extended to six months.   If the provisional measures are less than the marg in of dumping, they shall be applied for six 
months which may be ex tended to nine months. 
 Section 4:  "Definitive Anti-Dumping Duties"  
 
Article 45  
 
 The Investigating Authority shall determine the amount of definitive anti-dumping duties, 
which will not exceed the margin of dumping. 
  Such duties shall be imposed on dumped imports of the product from all sources found to be causing material injury to the domestic industry, except for imports from those sources from which price undertakings have been accepted.  G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 17 
  
  
Article 46  
  Definitive anti-dumping duties shall be imposed for a period which will not exceed five years 
from the date of publishing the final determin ation of imposition in the Official Gazette. 
 
Article 47  
  In cases where products subject to definitive anti-dumping duties are exported to Egypt by 
exporters or producers who have not exported the pr oduct to Egypt during the period of investigation, 
the authority shall promptly carry out a review for the purpose of determining individual margins of dumping for each of them provided that they can show that they are not related to any of the exporters 
or producers referred to during the course of the review. 
 
 In these cases the Investigating Authority ma y request guarantees that are equal to the 
definitive anti-dumping duties imposed on other exporters from the date of initiating the review.  
Section 5:  "Undertakings" 
 
Article 48  
 
 Exporters may offer to the Investigating Au thority voluntary undertakings to increase the 
price of their exports to Egypt.  Price increases under such undertakings shall not be higher than 
necessary to eliminate the margin of dumping est ablished by the Investigating Authority.   
 
 In accepting, rejecting or amending undertaki ngs the following issues shall be taken into 
consideration:  1. The possibility to suspend or terminate proceed ings, if such undertakings are accepted and if 
the Investigating Authority finds these undertakin gs sufficient to eliminate the margin of 
dumping unless the exporters ask to continue the investigation. 
 2. Informing the exporters in case of rejection a nd the reasons for that rejection if practicable. 
 3. The Investigating Authority may also requi re any exporter from whom an undertaking has 
been accepted to periodically provide informa tion relevant to the fulfilment of such an 
undertaking and to permit verification of pertinent data. 
 
Article 49  
 
 Subject to the provisions of section 7 of this pa rt, price undertakings shall be maintained for a 
reasonable period of time sufficient to eliminate the margin of dumping. 
  Undertakings shall automatically lapse if a d ecision was taken to terminate the investigation 
as there is no evidence of dumping or no injury was caused to the domestic industry.  
Article 50  
 
 In case of violation of an undertaking the I nvestigating Authority may prepare a report to 
impose a provisional duty using the best available in formation or impose definitive duties.  In such 
cases, definitive duties may be levied retroactiv ely on the products which entered on the date of G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 18 
  
 violation of the price undertaking and not more than 90 days before the application of such 
provisional measures.  Section 6:  "Retroactivity"  
Article 51  
 
 Where a final determination of injury or thr eat thereof is made, anti-dumping duties may be 
levied retroactively for the period for whic h provisional measures have been applied. 
 
Article 52  
 
 If the definitive anti-dumping duty is higher th an the provisional duty paid, the difference 
shall not be collected.  However, if the definitiv e duty is lower than the provisional duty paid, the 
difference shall be reimbursed.  
Article 53  
 
 Where a determination of threat of injury or material retardation is made (but no injury has 
yet occurred) a definitive anti-dumping duty shall not be imposed retroactively. 
 
Article 54  
 
 A definitive anti-dumping duty may be levi ed on products whic h were entered for 
consumption not more than 90 days prior to the date  of application of provisional measures, when the 
Investigating Authority determines that:  (a) There is a history of dumping which caused injury or that the importer was aware or should 
have been aware that the exporter practiced  dumping and that such dumping would cause 
injury, and 
 
(b) The injury is caused by increased dumped imports of a product in a relatively short time 
which is likely to seriously undermine the reme dial effect of the definitive anti-dumping duty 
to be applied, provided that the importers concerned have been given an opportunity to 
comment. 
 
Section 7:  "Review of Definitive Anti-Dumping Duties" 
 
Article 55 
 
 The Investigating Authority may, after one year from the date of imposition of definitive anti-
dumping measures, review the need for the conti nued imposition of the duty, where warranted, upon 
request by any interested party which submits positive information substantiating the need for a 
review.   If, as a result of the review, the Investigati ng Authority determines that the definitive anti-
dumping duty is no longer warranted it sh all be terminated immediately. 
  If, as a result of the review, there is a need to impose definitive duties, they may be imposed 
for no more than five years from the date of the most recent review.   G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 19 
  
  The Investigating Authority may, at any time,  carry out a review on its initiative if necessary. 
 
Article 56  
 
 The Investigating Authority shall carry out a review on its initiative or upon request by a concerned party, six months before the expiry of  the five-year period from the date of the imposition 
of definitive duties.  The Investigating Authority sh all review whether the expiry of the duty is likely 
to lead to continuation or recurrence of dumping an d injury.  The duty shall remain in force pending 
the outcome of such a review. 
  Any such review shall be concluded within 12  months of the date of the initiation of the 
review.  
 
PART IV:  "SUBSIDY AND COUNTERVAILING MEASURES"  
 
Section 1:  "Definition of Subsidy" 
 
Article 57  
 
 Subsidy  is any financial contribution provided direc tly or indirectly, by the government of the 
country of origin or any public body within its territory and a benefit is thereby conferred to the 
recipient of subsidy either producer(s) or exporter(s).  
 Subsidy includes any financial or other comme rcial benefit that has occurred or will accrue, 
directly or indirectly, to persons engaged in the pr oduction, manufacture, or trade of goods as a result 
of any scheme, programme, practice, or thing done, provided, or implemented by a foreign 
government, but does not include the amount of any duty or internal tax imposed on goods by the Government of the country of origin or country  of export from which the goods, because of their 
exportation from the country of export or country of origin, have been exempted or will be relieved by 
means of refund or drawback. 
  Measures can be taken against subsidy only if it confers a benefit on the recipient, is directed or specific to certain enterprises or industries and causes material injury or  threat thereof to the 
domestic industry or materially retard s the establishment of a new industry. 
 
Section 2:  "Consultations"  
 
Article 58  
 
 Upon acceptance of an application, the Investig ating Authority shall take necessary measures 
to invite the governments of the exporting countries of the subsidized products under consideration to 
conduct consultations with the purpose of reaching mutually accepted solutions.   The Investigating Authority shall give the opportu nity, as well, in the course of investigations, 
to conduct the above-m entioned consultations. 
 
 Conduct of consultations shall not prevent th e initiation or completion of investigation. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 20 
  
 Section 3:  "Subsidy Calculations" 
 
Article 59  
 
 The amount of subsidy is the amount of mone y which represents the be nefit conferred on the 
recipient.  Investigating Authority shall calculate  the amount of subsidy according to the following 
rules:  
 1. Determining the total amount of th e subsidy provided to the products under 
investigating during the period of investigation. 
  2. A weighted average shall be used if the amount of the subsidy varies among the 
exporters of the country providing a subsidy. 
 
 3. Expenses and charges spent to get the s ubsidy shall be deducted from the amount of a 
subsidy. 
  4. The amount of the subsidy shall be calcu lated on a unit basis and as a  percentage of 
the value of this unit. 
  
 5. The amount of the subsidy does not include:    (a) the provision of equity capital by a foreign government unless the investment 
decision in relation to the provision of that equity can be regarded as 
inconsistent with the usual investment  practice of private investors in the 
territory of the exporting country; 
   (b) the provision of a loan by a foreign government unless the amount that the 
recipient of the loan pays under the lo an is less than the amount that the 
recipient would pay under a comparable commercial loan that the recipient 
would obtain on the market, in which case,  the benefit to the recipient shall be 
deemed to be the difference between those two amounts; 
   (c) the provision of a loan guarantee by a foreign government unless the amount 
that the recipient of the loan pays u nder the government guaranteed loan is less 
than the amount that the recipient would pay under a comparable commercial 
loan that was not so guaranteed, in whic h case, the benefit of the recipient shall 
be deemed to be the difference between those two amounts. 
  The Investigating Authority shall establish the amount of the subsidy according to the reliable 
available data if it does not have sufficient data to verify the amount of the subsidy. 
 
Article 60  
 
 The Investigating Authority shall prepare a report recommending the termination of an 
investigation if it is found that the amount of th e subsidy is less than 1 per cent of the value of 
subsidized goods;  or where the imposition of  a countervailing duty on the subject goods is 
inconsistent with Egypt's obligations under GATT 1994.   G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 21 
  
 Section 4:  "Determination of Injury" 
 
Article 61  
 
 The Investigating Authority, having examin ed all positive evidence, shall determine the 
material injury suffered by the domestic industry and shall verify the following:   1. Existence of significant increase in subsid ized imports, either in absolute terms or 
relative to production or consumption in Egyp t.  With regard to the effect of the 
subsidized imports on prices th e authority shall consider: 
   (a) Whether there has been a significant price undercutting by the subsidized imports 
as compared with the price of the domestic like product; 
 
  (b) whether the effect of such imports is to depress prices of the like product to a 
significant degree;  or 
   (c) whether the effect of such imports is to prevent price increases which otherwise 
would have occurred. 
 
2. The economic effects of the subsidized imports on the domestic industry reflected the following:    (a) Actual and potential decline in sales, profits, production, market share, 
productivity, return on investment or utilization of capacity. 
   (b) Factors affecting domestic prices.    (c) Actual and potential negative effects on cash flow, inventories, employment, 
wages, investment, growth and ability to raise capital. 
 
  (d) The increase of burden on government subsidy programmes for agricultural 
goods. 
   (e) Any other factors the Investiga ting Authority deems to be significant. 
 
Article 62  
 
 Subject to the provision of Article (61) of this re gulation, in determining the threat of injury to 
the domestic industry, the Investigating Authority sha ll verify that the threat of injury is clear and 
imminent and shall consider the following: 
 
 1. The rate of increase of the subsidized imports.   2. The likelihood of significant increase in s ubsidized imports into Egypt in the light of 
contracts (future purchase orders). 
 
 3. Whether imports are entering at pri ces that will have a significant depressing or 
suppressing effect on domestic prices, and would likely increase demand for further 
imports. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 22 
  
  4. The existence of significant export capacity or inventories of the product in question 
in the exporting companies. 
 
 5. Any other factors which the Investiga ting Authority determines has an economic 
effect on the industry. 
 
Article 63  
  The Investigating Authority shall verify the in jury suffered by the industry is caused by the 
subsidized imports and not as a result of any other causes.  
Article 64  
 
 The Investigating Authority shall, on receiving an  application of subsid ized imports which led 
to materially retard a new industry, evaluate the c ontents of the application and prepare a report with 
their recommendations on it.   
Article 65  
 
 Where imports of a product from more than one country are simultaneously subject to subsidy 
investigations, the Investigating Authority may cumu latively assess the effects of such imports only if 
they determine that:  
 1. The amount of subsidy established for each  unit of the product under investigation is 
1 per cent or more. 
  2. The existence of competition among the imported products and between the imported 
products and the like domestic products. 
 Section 5:  "Provisional Measures"  
Article 66  
 
 Provisional measures may take the form of a cash deposit which is not greater than the 
amount of subsidy.  Such provisional measures shall not be applied sooner than 60 days from the date 
of initiation of investigation and a preliminary conclu sion is made by the Investigating Authority that 
there exists subsidy which caused injury to the domestic industry. 
  The application of provisional measures sha ll be limited to a period not exceeding four 
months. 
 
Section 6:  "Definitive Countervailing Duties" 
 
Article 67  
  The Investigating Authority shall determine the amount of definitive duties.  This amount of 
definitive duties should not exceed the amount of the subsidy calculated for each unit under investigation.   G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 23 
  
  These duties shall be imposed on the subsidized imports from all sources if it is found that 
they cause injury to the domestic industry.  Duti es will not be imposed on all countries subject to the 
investigation which eliminated the subsidy under investigation or those whose undertakings were 
accepted. 
 
Article 68  
 
 Definitive countervailing duties shall be imposed  for a period not exceeding 5 years starting 
from the date of publishing the notice of imposition in the Official Gazette. 
 
Article 69  
 
 If the products subject to definitive c ountervailing duties are imported into Egypt by 
producers or exporters, not included in the proceedi ngs for reasons other than non-cooperation with 
the Investigating Authority, they may ask for an expeditious review to evaluate their countervailing 
duties.   
Section 7:  "Undertakings" 
 
Article 70  
 
 Governments of the exporting countries or expor ters, provided they get the approval of their 
governments, may offer to the Investigating Author ity voluntary undertakings to increase the price of 
their exports to Egypt.  Price increases under such undertakings shall not be higher than necessary to 
eliminate the margin of dumping establi shed by the Investigating Authority. 
  In accepting, rejecting or amending undertaki ngs the following issues shall be taken into 
consideration:  
 1. The possibility to suspend or terminate proceedings, if such undertakings are 
accepted and if the Investigating Authority finds these undertakings sufficient to eliminate the margin of dumping unless the exporters ask to continue the investigation. 
 
 2. Informing the exporters in case of rejec tion and the reasons for that rejection if 
practicable. 
  3. The Investigating Authority may also require exporters or governments from which 
undertakings have been accepted to periodical ly provide information relevant to the 
fulfilment of such undertakings and to permit verification of pertinent data. 
 
 
Article 71  
 
 Subject to the provisions of section 9 of this pa rt, price undertakings shall be maintained for a 
reasonable period of time sufficient to eliminate the amount of subsidy. 
  The undertaking shall automatically lapse if a decision was taken to terminate the 
investigation where there is no evidence of subsidiza tion or material injury to the domestic industry. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 24 
  
  
Article 72  
  In case of violation of an undertaking the I nvestigating Authority may prepare a report to 
impose a provisional duty using the best available information or impose definitive countervailing duties.  In such cases, definitive du ties may be levied retroactively on  the products which entered on 
the date of violation of the price undertaking and not more than 90 days before the application of such 
provisional measures. 
 
Section 8:  "Retroactivity" 
 
Article 73  
  Where a final determination of injury or th reat thereof is made, definitive countervailing 
duties may be levied retroactively for the period for which provisional measures have been applied. 
 
Article 74  
 
 If the definitive countervailing duty is highe r than the provisional duty paid, the difference 
shall not be collected.  However, if the definitiv e duty is lower than the provisional duty paid, the 
difference shall be reimbursed.  
Article 75  
  Where a determination of threat of injury or material retardation is made (but no injury has 
yet occurred) a definitive countervailing duty shall not be imposed retroactively.  
Article 76  
 
 A definitive countervailing duty may be levi ed on products which were entered for 
consumption not more than 90 days prior to the date  of application of provisional measures, when the 
Investigating Authority determines that:   (a) there is material injury caused by large quantities of imports, in a relatively short 
time, of a product benefiting from subsidies paid or bestow ed inconsistently with the 
provisions of GATT 1994, and 
  (b) it is necessary, in order to preclude  the recurrence of such injury, to impose 
countervailing duties retroactively. 
 
Section 9:  "Review of Definitive Countervailing Duties" 
 
Article 77  
 
 The investigating Authority may, after one year from the date of imposition of definitive countervailing measures, review the need for the continued imposition of the duty, where warranted, 
upon request by any interested party which submits positive information substantiating the need for a 
review.   If, as a result of the review, the Investiga ting Authority determines that the definitive 
countervailing duty is no longer warranted it shall be terminated immediately.  G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 25 
  
  
 If, as a result of the review, there is a need to impose definitive duties, they may be imposed 
for no more than five years from the date of the most recent review. 
 
 The Investigating Authority may, at any time,  carry out a review on its initiative if necessary. 
 
Article 78  
  The Investigating Authority shall carry out a review on its initiative or upon request by the 
domestic industry, six months before  the expiry of the five-year pe riod from the date of the imposition 
of definitive duties.  The Investigating Authority sh all review whether the expiry of the duty is likely 
to lead to continuation or recurrence of subsidy and injury.  The duty shall remain in force pending the 
outcome of such a review. 
 
 Any such review shall be concluded within 12  months of the date of the initiation of the 
review.   
PART V: "SAFEGUARD MEASURES AGAINST THE UNJUSTIFIABLE INCREASE 
IN IMPORTS" 
 Section 1:  "Application of Safeguard Measures  
 
Article 79  
 
 Safeguard measures against unjustifiable increase of imports are those applied against products (other than dumped or subsidized) imported into Egypt in such incr eased quantities, absolute 
or relative to domestic production an d under such conditions as to cause or threaten to cause serious 
injury to the domestic industry that pro duces like or directly competitive products. 
 Section 2:  "Determination of Serious Injury or Threat Thereof"  
Article 80  
 
 "Serious injury"  shall be understood to mean a signifi cant overall impairment in the position 
of a domestic industry. 
  "Threat of serious injury"  shall be understood to mean serious injury that is clearly 
imminent and that would cause impairment in the position of the domestic industry. 
 
Article 81  
 
 The Investigating Authority shall determine th e serious injury caused to the domestic industry 
on the basis of facts and the existence of a causal  link between the increased imports of the product 
concerned and serious injury or threat thereof.  Th e Investigating Authority shall verify the following: 
 
 1. An increase in imports of the product under investigation either absolute or relative to 
production in Egypt. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 26 
  
  2. The impact of increased imports on the s ituation of the domestic industry, including 
sales, production, productivity, utilization of capacity, profits and losses, employment and market share. 
 
Section 3:  "Provisional Safeguard Measures"  
 
Article 82  
  Provisional safeguard measures against unjustifiable increase of imports may be imposed if 
the Investigating Authority finds a clear eviden ce that increased imports have caused or are 
threatening to cause serious injury that cannot be easily remedied or would be difficult to remedy should the imposition of th ese measures be delayed. 
 
Article 83  
 
 Provisional safeguard measures shall take th e form of tariff increases, taking into 
consideration the following:   1. The duration of the provisional measure shall not exceed 200 days. 
 
 2. Should such measures take the form of  tariff increases, they shall be promptly 
refunded if the investigation does not determ ine that increased imports have caused or 
threatened to cause serious injury to the domestic industry. 
 Section 4:  "Definitive Measures"  
Article 84  
 
 If it is found that the imports of the product un der investigation have caused serious injury to 
the domestic industry or threat thereof, the Investigating Authority shall recommend to apply 
definitive safeguard measures in the form of quantita tive restrictions or increase in customs duties or 
both, taking into consideration the following:   1. The definitive safeguard measure shall be  applied to the extent necessary to prevent 
or remedy the serious injury caused to the domestic industry. 
 
 2. Where a quantitative restriction is used , the determined quantities for each country 
shall not be less than the average volume of imports for the most recent three years or any period the investigating authorities may consider necessary to remove the injury 
provided that it is justified. 
 
 3. In cases where a quota is allocated among members having a substantial interest in 
supplying the product, shares shall be a llotted based upon the proportions, supplied 
by such members during a previous representative period, of the total quantity or value of imports of the product, unless justified reasons for not applying this rule are provided. 
 
 4. The period of application of a definitive safeguard measure shall be four years which 
may be extended to not more than 10 year s including the period of application of 
provisional measures. 
  G/ADP/N/1/EGY/2/Rev.1 
 G/SCM/N/1/EGY/2/Rev.1  G/SG/N/1/EGY/2 
 Page 27 
  
  5. No safeguard measure shall be applied to the imports of a product which has been 
previously subject to a safeguard measure, provided that the period of non-application 
is at least two years. 
 
 
PART IV:  "FINAL PROVISIONS" 
 
Article 85  
 
 The Minister of Trade and Supply may accept or reject the recommendations of the Advisory Committee.  He may also terminate or reduce countervailing duties.  
Article 86  
 
 The Minister of Trade and Supply may apply the provisions of this regulation against imports 
from countries that are not members in the WTO or  apply protective measures against the injurious 
practices of these countries in international trade for the purpose of Egypt's interest. 
  
Article 87  
 
 The Minister of Trade and Supply may impose additional duties or any other restrictions on imports in accordance with th e agreements included in the Final Act of Multilateral Trade 
Negotiations of the Uruguay Round. 
 
Article 88  
 
 Where a decision by the dispute settlement panels  of the WTO or a final judgement is issued 
for termination of any measures taken in accordan ce with the provisions of this regulation, the 
Minister of Trade and Supply may terminate these m easures or give directions to the Investigating 
Authority to reconsider these measures in the light of recommendations made by the dispute 
settlement panels or the final judgements.  
Article 89  
  Member states and parties concerned shall ha ve full opportunity to conduct consultations in 
consistency with the provisions of the agreements referred to. 
 
Article 90  
 
 The Investigating Authority shall advise the committees concerned in the WTO of the notices 
stated in the agreements referred to. 
 
Article 91  
 
 In applying the provisions of the agreements refe rred to, the Investigating Authority shall give 
special regard to the special situation of the developing countries. 
 G/ADP/N/1/EGY/2/Rev.1 
G/SCM/N/1/EGY/2/Rev.1 G/SG/N/1/EGY/2 
Page 28 
  
 Article 92  
 
 The Investigating Authority may give notice to initiate a new investigation or a review of the 
measures in force if it found that there is circum vention which affects the effectiveness of these 
measures.  
Article 93  
  In cases where anti-dumping and subsidy inves tigations for the same product are involved 
simultaneously only one duty shall be imposed.   
Article 94  
 
 Provisions of the agreements referred to shall be applied on matters which are not stated in 
this regulation.  
 
Article 95  
 
 Parties concerned have the right of appeal to the Administrative Court concerning the measures and decisions taken pursuant to the provisio ns of this regulation and in accordance with the 
relevant rules and procedures.  
__________