WORLD TRADE
ORGANIZATIONG/ADP/N/1/TUN/2
G/SCM/N/1/TUN/2
9 January 2001
(01-0089)
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
TUNISIA
The following communication, dated 11 December 2000, has been received from the
Permanent Mission of Tunisia.
_______________
The Permanent Mission of Tunisia in Geneva presents its compliments to the Secretariat of
the World Trade Organization and has the honour to enclose copies of Law No. 99-9 of
13 February 1999 on protection against unfair import practices and Decree No. 2000-477 of
21 February 2000 establishing the criteria and procedures for determining unfair import practices.G/ADP/N/1/TUN/2
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LAWS
Law No. 99-9 of 13 February 1999 on Protection
Against Unfair Import Practices1
In the name of the people,
Following adoption by the Chamber of Deputies,
The President of the Republic hereby promulgates the following law:
Article 1
The purpose of this Law is to define the rules applicable to unfair import practices and to
establish the conditions under which they shall be offset.
CHAPTER I
DEFINITIONS
Article 2
For the purposes of this Law:
− "Anti-dumping duty" means a duty applied to remedy injury caused to a domestic
industry by dumped imports.
− "Countervailing duty" means a duty applied to remedy injury caused to a domestic
industry by subsidized imports.
− "Domestic industry" means the domestic producers as a whole of the like products or
those of them whose collective output of the products constitutes a major proportion
of the total domestic production of those products.
− "Like product" means a product alike in all respects to the product dumped or
subsidized or in the absence of such a product another product which, although notalike in all respects, has characteristics closely resembling those of the product under
consideration.
− "Margin of dumping" means the difference between the export price and the normal
value obtained by comparing these two elements.
− "Normal value" means  the price paid or payable, in the ordinary course of trade, by
independent buyers in the exporting country.
                                                     
1 Preparatory work:  discussion and adoption by the Chamber of Deputies at its session of
26 January 1999.G/ADP/N/1/TUN/2
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− "Export price" means the price actually paid or payable for the product sold for export
to Tunisia.
− "Injury" means material injury to a domestic industry, threat of material injury to a
domestic industry or material retardation of the establishment of a domestic industry.
− "Objective criteria or conditions" means criteria or conditions which are neutral,
which do not favour certain enterprises over others, and which are economic in nature
and horizontal in application, such as number of employees or size of enterprise.
CHAPTER II
PROTECTION AGAINST DUMPING
AND SUBSIDY PRACTICES
SECTION I
Determination of Dumping
Article 3
A product shall be considered as being dumped, i. e. introduced into Tunisian commerce at less
than its normal value, if the export price of that produc t is less than the comparable price, in the ordinary
course of trade, for the like product when destined for consumption in the exporting country.
SECTION II
Determination of Subsidy
Article 4
A subsidy shall be deemed to exist if:
(a) There is a financial contribution by a government or any public body within the
territory of the country of origin or exportation, i.e. where:
− A government practice involves a dir ect transfer of funds, potential direct
transfers of funds or liabilities;
− government revenue that is otherwise due is foregone or not collected;
− a government provides goods or services other than general infrastructure, or
purchases goods;
− a government makes payments to a funding mechanism, or entrusts or directs a
private body to carry out one or more of the type of functions illustrated in the
first three indents of subparagraph (a) which would normally be vested in the
government and the practice, in no real  sense, differs from practices normally
followed by governments;
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(b) there is any form of income protection or price support in the sense of Article XVI of
GATT 1994;
and
(c ) a benefit is thereby conferred.
SECTION III
Countervailable Subsidies
Article 5
Subsidies as defined in Article 4 shall be countervailable only if they are specific within the
meaning of Article 6 below.
Article 6
In order to determine whether a subsidy as defined in Article 4 is specific, the following
principles shall apply:
(a) Where the granting authority, or the appli cable legislation, explicitly limits access to a
subsidy to certain producing enterprise s, such subsidy shall be specific;
(b) where the granting authority, or the applicable legislation, establishes objective criteria
or conditions governing the eligibility for, and the amount of, a subsidy, specificity
shall not exist, provided th at the eligibility is automatic  and that such criteria are
adhered to;
(c) if, notwithstanding any appearance of non- specificity resulting from the application of
the principles laid down in subparagraphs (a ) and (b), there are reasons to believe that
the subsidy may in fact be specific, other fa ctors may be considered.  Such factors are:
use of a subsidy programme by a limited number of certain enterprises, predominant
use by certain enterprises, the granting of disproportionately large amounts of subsidy
to certain enterprises, and the manner in which discretion has been exercised by the
granting authority in the decision to grant a subsidy.
In this regard, in particular, information on the frequency with which applications for
a subsidy are refused or approved and the reasons for such decisions shall beconsidered;
(d) a subsidy shall be specific if it is lim ited to certain enterprises located within a
designated geographical region within the jurisdiction of the country of exportation
granting the subsidy.
(e) the following shall be deemed to be specific:
− subsidies contingent, in law or in fact, whether solely or among other
conditions, upon export performance.G/ADP/N/1/TUN/2
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− subsidies contingent, whether solely or among other conditions, upon the use of
domestic over imported goods.
SECTION IV
Initiation and Subsequent Investigation
Article 7
An investigation to determine the existence, degree and effect of any alleged dumping or
subsidy shall be initiated by the Minister responsible for trade only upon a written application by or
on behalf of the domestic industry, except in the circumstances specified in Article 10.
A complaint under the previous paragraph must include evidence of the existence of dumping
or subsidy liable to anti-dumping or countervailing duties, of injury or of a causal link between the
imports allegedly being dumped or subsidized and the alleged injury.
Article 8
An investigation shall not be initiated pursuant to Article 7 unless it has been determined, on the
basis of an examination of the degree of support for, or opposition to, the application expressed by
domestic producers of the like product, that the complaint has been lodged by or on behalf of the
domestic industry.
The complaint shall be considered to have been lodged by or on behalf of the domestic industry
if it is supported by those domestic producers whose collective output constitutes more than 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 complaint.
However, no investigation shall be initiated when the domestic producers expressly supporting
the complaint account for less than 25 per cent of total production of the like product produced by the
domestic industry.
Article 9
The provisions of Article 8 notwithstanding, the initiation of an investigation shall be decided
after examination of the accuracy of the evidence provided concerning the existence of dumping orsubsidy and the alleged injury.
Article 10
The Minister responsible for trade may, in exceptional circumstances, decide to initiate an
investigation without having received a written application by or on behalf of the domestic industry
concerned, if he has sufficient evidence of the existence of dumping or subsidy, injury and causal link,as specified in Article 7, to justify the initiation of an investigation.G/ADP/N/1/TUN/2
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Article 11
The Minister responsible for trade may reject a complaint lodged under Article 7 and
terminate the investigation promptly if his services find that there is not sufficient evidence of either
dumping or subsidy or of injury to justify proceeding with the case.
Article 12
Where it is decided to initiate an investigation, the Minister responsible for trade shall take
the following steps:
− Send a request for information required for the investigation to the authorities of the
exporting countries, as well as to the exporters concerned, who shall provide the
information requested and forward it to the services of the Ministry responsible for
trade.
A request for information shall be answered with in the time-limits and in the form specified
in the request.
A request for information shall be deemed to have been received by the exporter within seven
days of the date on which it was dispatched or transmitted to the diplomatic representative of the
exporting country.
− Place a notice in the Journal Officiel  (Official Journal) of the Tunisian Republic
announcing the initiation of an investigation into the dumped or subsidized product.
This initiation notice shall indicate the nature of the product and the country or countries
concerned and include a summary of the information received.
Article 13
Subject to the requirement to protect confidential information, evidence presented by one
interested party shall be made available promptly to other interested parties participating in the
investigation.
Article 14
Any information which is confidential by nature or which is provided on a confidential basis
by parties to an investigation shall, upon good cause shown, be treated as such by the administration.
Such information shall not be disclosed without specific permission of the party submitting it.
Article 15
Interested parties providing confidential information shall be required to furnish non-
confidential summaries thereof.
In exceptional circumstances, such parties ma y indicate that such information is not
susceptible of summary, in which case they shall state their reasons why.G/ADP/N/1/TUN/2
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Article 16
If it is found that a request for confidentiality is not warranted and if the supplier of the
information is unwilling to make it public or to  authorize its disclosure in summary form, the
information may be disregarded, unless it can be demonstrated from appropriate sources that theinformation is correct.
Article 17
If an interested party refuses access to, or otherwise does not provide, necessary information
within the period laid down by this Law, or significantly impedes the investigation, preliminary and
final determinations, affirmative or negative, may be made on the basis of the facts available.
Article 18
Exporters and importers of the product under investigation, as well as the applicants, may be
informed of the progress and outcome of the investigation.
However, this information, which may be furnished in writing, shall be without prejudice to
the decisions to be taken.
Article 19
Once a complaint lodged in accordance with Article 7 has been allowed and before an
investigation is initiated, the Minister responsible fo r trade shall notify the government of the country
of exportation concerned.
The previous subparagraph notwithstanding, if the complaint concerns imports subject to
countervailable subsidies, the Minister responsible fo r trade shall invite the government of the country
concerned to hold consultations with a view to establishing the facts and arriving at a mutually agreedsolution.
Article 20
The services responsible for the investigation may give the parties concerned a hearing at
their request, or for the purposes of the investigation, either together or separately, so that opposing
views may be presented.
There shall be no obligation on any party to attend a hearing and failure to do so shall not be
prejudicial to that party’s case.
During such hearings, the need to preserve the confidentiality of information shall be taken
into account.
Oral information may be taken into account only in so far as it is subsequently reproduced in
writing and made available to other interested parties.
Interested parties intending to participate in a hearing shall inform the Minister responsible
for trade of the identity of their representatives at least seven days before the date of the hearing.G/ADP/N/1/TUN/2
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Article 21
The investigation shall be terminated immediat ely in cases where it is determined that the
margin of dumping or the amount of the subsidy is de minimis  or where the volume of dumped or
subsidized imports, actual or potential, lies below the threshold specified in the decree establishing the
criteria and procedures for determining unfair practices.
Article 22
Other than in exceptional circumstances, investigations shall be concluded within one year,
and in no case more than 18 months, after their initiation by the Minister responsible for trade.
Public notice of any preliminary or final determination, whether affirmative or negative, and
of any acceptance of an undertaking or termination of such an undertaking under this Law, as well as
any decision to terminate an investigation, shall be given in the Journal officiel  of the Tunisian
Republic.
Article 23
An anti-dumping or subsidy proceeding  shall not hinder Customs clearance.
SECTION V
Application of Anti-Dumping and Countervailing Duties
Article 24
Provisional anti-dumping duties or provisional countervailing duties may be applied by
decree, issued at the proposal of the Minister responsible for trade, where:
− An investigation has been initiated in accordance with Articles 7 and 10 of this Law;
− public notice has been given to that effect, in the Journal officiel  of the Tunisian
Republic;
− interested parties have been given adequate opportunities to submit information and
make comments;
− a preliminary affirmative determination has been made of dumping or subsidy and
injury caused to a domestic product and of a causal link between the dumping orsubsidy and the injury;
− such measures are judged necessary by the Minister responsible for trade to prevent
injury from being caused during the investigation.
Article 25
Provisional anti-dumping duties and provisional countervailing duties shall be applied not
sooner than 60 days from the date of initiation of the investigation procedure.G/ADP/N/1/TUN/2
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Article 26
The amount of the provisional anti-dumping duty shall not exceed the margin of dumping
provisionally determined and may be lower than that margin if a lesser anti-dumping duty is sufficient
to remove the injury to the domestic industry.
Article 27
The amount of the countervailing duty provisionally determined shall not exceed the full
amount of the subsidy that gave rise to its application.
Article 28
Provisional anti-dumping duties may be applied for a period of four months.  However, they
shall be extended to six months upon request by exporters representing a significant percentage of the
trade involved.
Where a duty lower than the margin of dumping would be sufficient to remove injury, these
periods may be six and nine months, respectively.
Provisional countervailing duties may be applied for a period of four months.
Article 29
Provisional countervailing duties and provisional anti-dumping duties may take the form of
cash deposits or bonds.
Article 30
A definitive anti-dumping or definitive countervailing duty shall be imposed by decree when
the final ascertainment of the facts shows that there is dumping or subsidy and consequent injury.
− The amount of the definitive anti-dumping or definitive countervailing duty shall not
exceed the assessed margin of dumping or the amount of the subsidy.  However, the
amount of these duties may be lower than the margin of dumping or the amount of the
subsidy, if such duties are sufficient to remove the injury caused to the domestic
industry.
Article 31
Anti-dumping or countervailing duties shall be collected in the same way as customs duties.G/ADP/N/1/TUN/2
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SECTION VI
Price Undertakings
Article 32
A dumping investigation may be terminated without the imposition of provisional or
definitive anti-dumping duties upon receipt of satisfactory voluntary undertakings from the exporter
to revise his dumping prices, provided the Ministry responsible for trade finds that the injurious effect
of the dumping is eliminated.
Article 33
A subsidy investigation may be terminated without the imposition of provisional or definitive
countervailing duties upon acceptance of a satisfactory voluntary undertaking under which:
(1) The government of the country of origin and/or exportation agrees to eliminate or
limit the subsidy or take other measures concerning its effects;
(2) the exporter undertakes to revise its prices or no longer to export to Tunisia products
benefiting from the countervailable subsidy.
Article 34
Price undertakings may not be sought or accepted from exporters unless the Ministry
responsible for trade has made a preliminary affirmative determination of dumping or subsidy and
consequent injury.
In the case of a subsidy, an undertaking made by an exporter shall not be accepted unless the
authorities of its country have previously given their consent.
Article 35
Parties offering an undertaking shall furnish a non-confidential version thereof so that it can
be communicated to the parties concerned by the investigation.
Article 36
If an undertaking is accepted, the investigation of dumping or subsidy and injury shall
normally be completed if the exporter so desires or the Minister responsible for trade so decides.
In this case, if a negative determination of dumping or subsidy and injury is made, the
undertaking shall lapse.
In the event of an affirmative determination of dumping or subsidy and injury, the
undertaking shall continue consistent with its terms and the provisions of this Law.G/ADP/N/1/TUN/2
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Article 37
The Minister responsible for trade may require any country of origin or exportation or any
exporter from whom an undertaking has been accepted to provide periodically information relevant to
the fulfilment of such an undertaking.
Article 38
In case of violation or withdrawal of an undertaking, provisional anti-dumping duties or
provisional countervailing duties may be immediately applied, and in such cases definitive anti-
dumping or definitive countervailing duties may be levied on products entered for consumption not
more than 90 days before the date of application of the provisional anti-dumping or provisional
countervailing duties.
However, no definitive anti-dumping or definitive countervailing duty shall be applied
retroactively to imports entered before the violation or withdrawal of the undertaking.
CHAPTER III
DUMPING AND SUBSIDY PRACTICES THAT PRECEDE
 THE IMPOSITION OF DUTIES
Article 39
Provisional measures and definitive anti-dumping or definitive countervailing duties may
only be applied to products which enter for consumption after the time when the decision to apply
these measures enters into force, su bject to the exceptions set out below:
(a) A definitive anti-dumping or definitive countervailing duty may be levied on products
which were entered for consumption not more than 90 days prior to the date of
application of the provisional anti-dumping or countervailing duty, but not prior to
the investigation, when it is determined that:
either
− there is a history of dumping which caused injury or that the importer was, or
should have been, aware that the exporter practises dumping and that such
dumping would cause injury;  and
− the injury is caused by massive dumped imports of a product over a relatively
short period which in light of the timing and the volume of the dumped imports
and other circumstances is likely seriously to undermine the remedial effect of
the definitive anti-dumping duty to be applied;
or
− there are critical circumstances where, for the products in question on which
subsidies have been paid or bestowed inconsistently with the provisions of theGATT 1994 and the Agreement on Subsidies and Countervailing Measures,
injury which is difficult to repair is caused by massive imports in a relatively
short period of a product benefiting from countervailable subsidies and, inG/ADP/N/1/TUN/2
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order to preclude the recurrence of such injury, it is deemed necessary to assess
countervailing duties retroactively on those imports.
(b) Where a determination of threat of injury or material retardation is made, a definitive
anti-dumping or countervailing duty may be imposed only from the date of thedetermination of threat of injury or material retardation, and any cash deposit made
during the period of the application of provisional measures shall be refunded and any
bonds released.
(c) If the definitive anti-dumping duty or the definitive countervailing duty is higher than
the provisional duty, the difference shall not be collected.
If the definitive anti-dumping duty or the definitive countervailing duty is lower than
the provisional duty, the difference shall be reimbursed.
CHAPTER IV
DURATION, REVIEW AND REFUND OF DUTIES
SECTION I
Duration and Review of Duties
Article 40
The period of application of definitive anti-dumping and definitive countervailing duties shall
end after five years from the date of their imposition or after five years from the date of the last
review of dumping or subsidy and consequent injury , unless the review showed that expiry of the
duties would be likely to lead to continuation or recurrence of the dumping or subsidy.
Article 41
Upon expiry of the period of application of definitive anti-dumping or definitive
countervailing duties, the desirability of continuing to impose those duties may be reviewed on the
initiative of the Minister responsible for trade or upon request by any party concerned which submitsinformation substantiating the need for a review.
The definitive anti-dumping or definitive countervailing duties shall remain in force pending
the outcome of the review.
These provisions shall also apply to price undertakings under Chapter II, Section VI of this
Law.
Article 42
Definitive anti-dumping and definitive countervailing duties may be reviewed on the initiative
of the Minister responsible for trade or upon request by one of the exporters or importers or
representatives of the domestic industry, if that request includes sufficient evidence to show the need
for an interim review, provided that a period of at  least one year has elapsed since the imposition of
the definitive anti-dumping or definitive countervailing duties.G/ADP/N/1/TUN/2
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Article 43
If a product is subject to anti-dumping duties under this Law, the Minister responsible for
trade shall promptly carry out an accelerated review for the purpose of determining individual
margins of dumping for any exporters or producers in the exporting country in question who have notexported the product to Tunisia during the period of investigation.
No review shall be carried out under the previous paragraph unless the exporters or producers
concerned can show that they are not related to any of the exporters or producers in the exporting
country on whom anti-dumping duties have been imposed in respect of the product in question.
No anti-dumping duties shall be levied on imports from such exporters or producers while the
review is being carried out in accordance with the first paragraph of this Article.
However, the Minister responsible for trade may request the exporters or producers concerned
to furnish guarantees in order to ensure that, s hould this review result in a determination of dumping
in respect of such exporters or producers, anti-dumping duties can be levied retroactively to the date
of initiation of the review.
The provisions of Articles 11 to 20 concerning evidence and procedure shall apply to any
review carried out under this Article.
SECTION II
Refund of Anti-Dumping and Countervailing Duties
Article 44
To obtain reimbursement of duties levied in excess of the margin of dumping or the actual
amount of the subsidy, the importer must submit a request, supported by evidence, to the Ministerresponsible for trade within six months from the date of assessment of the amount of the definitive
duties imposed.
Article 45
No request for reimbursement of definitive anti-dumping or definitive countervailing duties
shall be deemed to be duly supported by evidence unless it includes accurate details of the amountwhose reimbursement is claimed and is accompanied by all the customs documents relating to the
calculation and payment of that amount.
Article 46
The request for reimbursement must include a statement by the exporter or producer
establishing that the margin of dumping or the amount of the subsidy that gave rise to countervailing
duties has been reduced or eliminated.
Any request that does not include such a statement shall be rejected.
Article 47
The reimbursement of definitive anti-dumping or definitive countervailing duties shall be
decided by order of the Minister of Finance at the proposal of the Minister responsible for trade withinG/ADP/N/1/TUN/2
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12 months and in any circumstances within 18 months of from the date of dispatch of the request,
duly supported by evidence.
Article 48
The Ministry of Finance shall refund the amount authorized within 90 days from the date of
the reimbursement order.
CHAPTER V
AUTHORIZED OFFICIALS AND POWERS OF INVESTIGATION
IN COMBATING DUMPING AND SUBSIDY PRACTICES
Article 49
Information furnished during the investigation shall be verified and complaints lodged by the
domestic industry in connection with protection against dumping or subsidy practices shall be
examined by the officials duly authorized by the Minister responsible for trade.
For this purpose, they may visit and inspect the work and production premises of natural or
legal persons involved in the investigation.
Likewise, they may conduct their investigations outside Tunisian territory, by agreement with
the exporters and competent authorities of the countries concerned.
If necessary, taking into account the particular circumstances of the case, information may be
gathered from Tunisian or foreign institutions and public establishments inside or outside the country.
CHAPTER VI
JUDICIAL REVIEW
Article 50
Interested parties may apply to the competent court of first instance for reconsideration of
decisions taken in relation to final determinations and their review and to determinations concerning
the refund of duties.
Recourse to such judicial review must be had within 20 days at most from the date of
publication of the notice for which Article 22 of this Law provides.
CHAPTER VII
OTHER PROVISIONS
Article 51
Officials required to acquaint themselves with the contents of the investigation file shall be
bound by professional secrecy and shall be subject to the provisions of Article 254 of the Penal Code.G/ADP/N/1/TUN/2
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Article 52
The criteria and procedures for determining unfair import practices relating to dumping and
subsidy concerning the normal value, export price, price comparisons, the determination of injury and
causal link, the margin of dumping, the calculation of the amount of the countervailable subsidy andthe requirements for lodging a complaint shall be laid down by decree.
Article 53
All previous provisions contrary to this Law and, in particular, Chapter III on protection
against unfair import practices of Law No. 94-41 of 7 March 1994 on foreign trade are hereby
repealed.
This Law shall be published in the Journal officiel  of the Republic of Tunisia and enforced as
State law.
Tunis, 13 February 1999.
Zine El Abidine Ben AliG/ADP/N/1/TUN/2
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MINISTRY OF TRADE
Decree No. 2000-477 of 21 February 2000 Establishing the Criteria and Procedures
for Determining Unfair Import Practices
The President of the Republic,
At the proposal of the Minister of Trade,
Having regard to Law No. 94-41 of 7 March 1994 on foreign trade,
Having regard to Law No. 95-6 of 23 Janu ary 1995 ratifying the Uruguay Round Agreements,
Having regard to Law No. 99-9 of 13 February 1999 on protection against unfair import
practices and, in particular, its Articles 21 and 52,
Having regard to Decree No. 94-1745 of 29 August 1994 establishing the criteria and
procedures for determining unfair import practices,
Having regard to the opinion of the Minister of Finance,
Having regard to the opinion of the Administrative Tribunal,
Decrees:
Article 1
The purpose of this Decree is to establish the criteria and procedures for determining unfair
import practices.
CHAPTER I
DETERMINATION OF NORMAL VALUE
Article 2
The normal value, as defined by Article 2 of Law No. 99-9 of 13 February 1999 on protection
against unfair import practices, is established on the basis of the comparable price paid or payable, in
the ordinary course of trade, on the sale of the like product when destined for consumption in theexporting country.
The provisions of the first paragraph of this article notwithstanding, the services responsible
for the investigation may establish the normal value on the basis of the comparable price paid or
payable, in the ordinary course of trade, on the sale of the product when destined for consumption in
the country of origin if the product is merely transshipped through the country of export, or such a
product is not produced in the country of export, or there is no comparable price for it in the country
of export.
Prices made between parties that appear to be associated or to have concluded a
compensatory arrangement may not be deemed to be prices made in the ordinary course of trade andG/ADP/N/1/TUN/2
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used to determine the normal value unless it is estab lished that these prices are not affected by the
relationship.
Article 3
When there are no sales of the like product in the ordinary course of trade in the domestic
market of the exporting country or when such sales are insufficient or do not permit a proper comparison
because of the particular market situation or the low volume of sales in the domestic market of the
exporting country, the normal value of the like product shall be established on the basis of:
(a) Either a comparable price of the like product when exported to an appropriate third
country, provided that this price is representative;
(b) or with the cost of production in the count ry of origin plus a reasonable amount for
administrative, selling and general costs and for profits.
Sales of the like product destined for consumption in the domestic market of the exporting
country or sales to an appropriate third country shall be considered sufficient quantities for the
determination of the normal value if the volume of these sales constitutes 5 per cent or more of the
sales volume of the product investigated.  However, the services responsible for the investigation may
use a lower volume if they are satisfied on the basis of evidence furnished by the interested parties orotherwise available to them that the sales at such  lower ratio are nonetheless of sufficient magnitude
to make a proper comparison.
Article 4
Sales of the like product in the domestic market of the exporting country or sales to a third
country at prices below per unit (fixed and variable) costs of production plus selling, administrative and
general costs may be treated as not being in the ordi nary course of trade by reason of price and may be
disregarded in determining normal value only if it is determined that such sales are made:
(a) Within an extended period of time, which shall be taken to mean at least six months;
(b) in substantial quantities, that is to say when the services responsible for the
investigation establish that the weighted average selling price of the transactions under
consideration for the determination of the normal value is below the weighted average
costs, or that the volume of sales below costs represents 20 per cent or more of the
volume sold in transactions under consideration for the determination of the normal
value;
(c) at prices which do not provide for the recove ry of all costs within a reasonable period of
time.
If prices which are below costs at the time of sale are above weighted average costs for the
period of investigation, such prices shall be consid ered to provide for reco very of costs within a
reasonable period of time.
Article 5
The costs referred to in Articles 3 and 4 of this Decree shall normally be calculated on the
basis of records kept by the exporter or producer unde r investigation, provided that such records are inG/ADP/N/1/TUN/2
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accordance with the generally accepted accounting principles of the exporting country and reasonably
reflect the costs associated with the production and sale of the like product.
Article 6
The amounts for selling, administrative and general costs and for profits shall be based on actual
data pertaining to production and sales in the ordinary  course of trade of the like product by the exporter
or producer under investigation.
When such amounts cannot be determined on this basis, they may be determined on the basis
of:
(a) The actual amounts incurred and realized by the exporter or producer in question in
respect of production and sales, in the normal course of trade, of the same general
category of products in the domestic market of the country of origin;
(b) the weighted average of the actual amounts incurred and realized by other exporters or
producers subject to investigation in respect of production and sales of the like product
in the domestic market of the country of origin;
(c) any other reasonable method, provided that the amount for profit so established shall
not exceed the profit normally realized by other exporters or producers on sales of
products of the same general category in the domestic market of the country of origin ofthe like product.
Article 7
Where the country exporting the product investigated is a non-market economy country, the
services responsible for the investigation may, in so far as they consider the methods of determiningnormal value set out in this Decree to be inappropriate, determine the normal value on the basis of:
(a) The comparable price paid or payable, in the ordinary course of trade, on the sale of a
like product when destined for consumption in a market economy country;
(b) the comparable price paid or payable, in the ordinary course of trade, for the
exportation of the like product from an appropriate market economy country to other
countries, including Tunisia;
(c) the price paid or payable in Tunisia for the like domestic product, duly adjusted if
necessary to include a profit margin corresponding to the margin that might be
expected in the prevailing economic circumstances for the sector in question;
or
(d) on any other reasonable basis.G/ADP/N/1/TUN/2
G/SCM/N/1/TUN/2
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CHAPTER II
DETERMINATION OF THE EXPORT PRICE
Article 8
In cases where there is no export price, as defined by Article 2 of Law No. 99-9 of
13 February 1999 on protection against unfair import practices, or where it appears that the export
price is unreliable because of association or a compensatory arrangement between the exporter and
the importer or a third party, the export price may be constructed:
(a) On the basis of the price at which the imported products are first resold to an
independent buyer;
or
(b) if the products are not resold to an independent buyer, or not resold in the condition
as imported, on any reasonable basis.
Article 9
If, in the circumstances envisaged in Article 2 of this Decree, the services responsible for the
investigation determine the normal value on the basis of the country of origin, the export price shallbe the price actually paid or payable for the product investigated when sold for export in the country
of origin.
CHAPTER III
PRICE COMPARISON AND MARGIN OF DUMPING
Article 10
The services responsible for the investigatio n shall make a fair comparison between the
export price and the normal value.  This comparison shall be made at the same level of trade,
normally at the ex-factory level, in respect of sales made at as nearly as possible the same time and
with due allowance for differences which affect price comparability, including differences inconditions and terms of sale, taxation, levels of trade, quantities, physical characteristics and any other
differences which are demonstrated by the interested parties to affect price comparability.
Article 11
Where the export price is constructed on the basis of the price at which the imported product
is first resold to an independent buyer, allowance may also be made for costs, including duties and
taxes, incurred between importation and resale, as well as for a reasonable amount for profits
accruing.G/ADP/N/1/TUN/2
G/SCM/N/1/TUN/2
Page 20
Article 12
When the price comparison requires a conversion of currencies, such conversion shall be
made using the rate of exchange on the date of sale.
The date of sale shall normally be the date of contract, purchase order, order confirmation or
invoice, whichever establishes the material terms of sale.
Article 13
The existence of margins of dumping during the investigation phase shall normally be
established on the basis of a comparison of normal values and individual prices for export to Tunisia
transaction to transaction, or on the basis of a comparison of a weighted average normal value with a
weighted average of prices of all exports to Tunisia for the product in question.
Article 14
The services responsible for the investigation shall determine an individual margin of
dumping for each exporter or producer of the product under investigation.
When the margins of dumping vary, a weighted average margin of dumping may be
established.
The first paragraph of this article notwithstanding, where the number of exporters, producers,
importers or types of products involved is so large as to make the determination of an individual
margin of dumping difficult, the examination may be limited to a reasonable number of interested
parties or products under investigation by using samples which are statistically valid on the basis of
information available to the services responsible for the investigation at the time of the selection, or to
the largest percentage of the volume of the exports from the country in question which can reasonablybe investigated.
The selection of exporters, producers, importers or types of products under this article shall be
chosen after consultation with the exporters, producers or importers concerned.
Article 15
The margin of dumping shall be considered to be de minimis  if this margin is less than 2 per
cent, expressed as a percentage of the export price.
CHAPTER IV
CALCULATION OF THE AMOUNT OF THE COUNTERVAILABLE SUBSIDY
Article 16
The amount of the countervailable subsidy shall be  calculated in terms of the benefit to the
recipient, as recorded and determined for the investigation period.
This period shall normally correspond to the recipient’s last accounting year, but may be any
other period of at least six months prior to the initiation of the investigation for which reliable
financial and other data are available.G/ADP/N/1/TUN/2
G/SCM/N/1/TUN/2
Page 21
Article 17
The amount of the countervailable subsidy shall be calculated in accordance with the
following provisions:
(a) The amount of the countervailable subsidy shall be calculated per unit of subsidized
product exported to Tunisia;
(b) at the request of the interested party and upon good cause shown, the following may
be deducted from the total subsidy:
(1) Any administrative costs and other costs necessarily incurred in order to
obtain entitlement to or to benefit from the subsidy;
(2) export taxes, duties or other charges levied on exportation of the product to
Tunisia and specially intended to offset the subsidy.
Article 18
A subsidy liable to provisional countervailing duty shall be considered de minimis  if the
subsidy is less than 1 per cent ad valorem .
CHAPTER V
DETERMINATION OF INJURY AND CAUSAL LINK
Article 19
A determination of injury shall involve an objective examination of the volume of the
dumped or subsidized imports and the effect of these imports on prices in the domestic market for like
products, as well as their impact on the domestic producers of such products.
Article 20
The examination of the impact of the dumped or subsidized imports on the domestic industry
concerned shall include an evaluation of all relevant economic factors and indices having a bearing on
the state of the industry, such as actual and potential decline in sales, profits, output, market share,
productivity, return on investments and utilization of capacity, factors affecting domestic prices, themagnitude of the margin of dumping or the amount of the subsidy, and actual and potential negative
effects on cash flow, inventories, employment, wages and growth.
Article 21
In making a determination regarding the existence of a threat of material injury, the services
responsible for the investigation shall consider, inter alia , the following:
− Nature of the subsidy in question and the trade effects likely to arise therefrom;
− a rate of increase of dumped or subsidized imports into the domestic market indicating
the likelihood of substantially increased importation;G/ADP/N/1/TUN/2
G/SCM/N/1/TUN/2
Page 22
− entry of imports at prices that have a significant depressing or suppressing effect on
domestic prices;
− inventories of the product being investigated.
No one of these factors by itself can necessarily  give decisive guidance but the totality of the
factors considered must lead to the conclusion that  further dumped or subsidized exports are imminent
and that, unless protective action is taken, material injury would occur.
Article 22
The volume of dumped imports shall be regarded as negligible if it accounts for less than 3
per cent of imports of the like product into Tunisia, unless countries which individually account for
less than 3 per cent of imports of the like product collectively account for more than 7 per cent.
Article 23
Where imports of a product originating in or coming from more than one country are
simultaneously subject to anti-dumping or subsidy investigations, the effects of such imports may becumulatively assessed only if the margin of dumping or the amount of the subsidy established in
relation to the imports originating in or coming from each country is more than de minimis , if the
volume of these imports is not negligible, and if a cumulative assessment of the effects of the imports
is appropriate in light of the conditions of competition between the imported products and the like
domestic products.
Article 24
The existence of a causal relationship between the dumped or subsidized imports and the
injury to the domestic industry shall be based on an examination of all relevant evidence before the
services responsible for the investigation.
The services responsible for the investigation shall also examine any factors other than the
dumped or subsidized imports which are simultaneously injuring the domestic industry, and the injury
caused by these factors must not be attributed to the dumped or subsidized imports.  These factors
shall include:
− The volume and prices of imports not sold at dumping or subsidized prices;
− contraction in demand or changes in the patterns of consumption;
− developments in technology.
CHAPTER VI
REQUIREMENTS FOR LODGING A COMPLAINT
Article 25
A complaint lodged under Articles 7 and 8 of  the Law on protection against unfair import
practices shall contain, in particular, the following information:
(l) The indemnity [sic] of the complainant;G/ADP/N/1/TUN/2
G/SCM/N/1/TUN/2
Page 23
(2) an indication of the volume and value of the domestic production of the like product;
(3) a complete description of the allegedly dumped or subsidized product;
(4) the names of the country or countries of origin and/or export in question and the
identity of each exporter or foreign producer;
(5) evidence concerning the existence of dumping and the alleged injury or the amount
and nature of the subsidy and the consequent injury.
CHAPTER VII
OTHER PROVISIONS
Article 26
All the provisions of Decree No. 94-1745 of 29 August 1994 establishing the criteria and
procedures for determining unfair import practices are hereby repealed.
Article 27
The Minister of Finance and the Minister responsible for trade shall be responsible, in their
respective spheres of competence, for the implementation of this Decree, which will be published in
the Journal officiel of the Tunisian Republic.
Tunis, 21 February 2000.
Zine El Abidine Ben Ali
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