RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/MAR/5
G/SCM/Q1/MAR/5
29 May 2001
(01-2679)
Committee on Anti-Dumping Practices
Committee on Subsidies andCountervailing MeasuresOriginal:  French
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Replies to the Questions Posed by the UNITED STATES
1 and the
EUROPEAN COMMUNITY2 Regarding the Notification
of MOROCCO3
The following communication, dated 18 May 2001, has been received from the Permanent
Mission of the Kingdom of Morocco.
_______________
QUESTIONS FROM THE UNITED STATES
Q1. Title II of the Annex relating to Article 15 as amended by the Foreign Trade Law No.
13-89  is entitled "Measures to safeguard domestic industry".  Please confirm that Article 15 is
intended not only to cover safeguard measures  permitted under the Safeguards Agreement, but
also AD/CVD matters as well.
Reply
Article 15 of the Foreign Trade Law No. 13-89 entitled "Measures to safeguard domestic
industry" includes provisions relating both to safeguard measures as such and to anti-dumping and
countervailing measures.
Q2. The new paragraph of Article 15 of the Foreign Trade Law immediately below
paragraph (5) provides Moroccan authorities with the authority to take "provisional
emergency" measures in anti-dumping and countervailing duty investigations "in order to
ensure the protection of the domestic industry".
(a) How does Morocco comply with the provisions of Article 7.1(ii) of the
AD Agreement and Article 17.1(b) of the SCM Agreement that there be a
preliminary affirmative determination of injury and subsidy and/or dumping
before provisional measures are imposed?
(b) How does Morocco comply with the provisions of Article 7.3 of the
AD Agreement and Article 17.3 of the SCM Agreement that provisionalmeasures not be applied sooner than 60 d ays from the date of initiation of the
investigation?
                                                     
1 G/ADP/Q1/MAR/2-G/SCM/Q1/MAR/2.
2 G/ADP/Q1/MAR/3-G/SCM/Q1/MAR/3.
3 G/ADP/N/1/MAR/2/Rev.1;  G/SCM/N1/MAR/2/Rev.1.G/ADP/Q1/MAR/5
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(c) How does Morocco comply with the provisions of Article 7.4 of the
AD Agreement and Article 17.4 of the SCM Agreement concerning the
maximum duration of provisional measures?
(d) Please confirm that provisional measures will be limited to a provisional duty or
a security by cash deposit or bond in accordance with Article 7 of the
AD Agreement and Article 17 of the SCM Agreement.
Reply
It should be pointed out first of all that the Foreign Trade Law No. 13-89 was drafted in 1989
and entered into force in 1993, well before the adoption of the AD and SCM Agreements resultingfrom the Uruguay Round negotiations.
Article 15 of the Foreign Trade Law embodies the principles set forth in Article VI of the
GATT 1947.  As far as subsidies and countervailing duties are concerned, Morocco was not a
signatory to the Tokyo Round Agreement on Interpretation and Application of Articles VI, XVI andXXIII of the General Agreement on Tariffs and Trade.
Moreover, following the signature of the Marrakesh Agreements, the WTO Agreements have
the force of law.  Accordingly, the AD and SCM Agreements are an integral part of Moroccan
legislation and their provisions take precedence over the provisions relating to dumping, subsidies andcountervailing measures contained in Foreign Trade Law No. 13-89 and its implementing Decree
No. 2-93-415.  If Morocco is required to implement anti-dumping or countervailing measures, it will
apply the rules and procedures of the AD and SCM Agreements.
With a view to further strengthening the implementation at national level of the multilateral
rules on dumping, subsidization and countervailing measures, draft legislation on trade defence
measures (anti-dumping measures, countervailing measures and safeguard measures) has been drawn
up and is currently in process of adoption.  This is a draft law based on the provisions of the AD and
the SCM Agreements.
Q3. How does the relief authorized in the penu ltimate paragraph of Article 15 of the Foreign
Trade Law, which permits the authorities to require a "prior import declaration for imports ofproducts which cause or threaten to cause injury to the domestic industry", differ from the
imposition of provisional measures?  How is such relief consistent with the AD and SCM
Agreements?  Is this a remedy in addition to the remedies permitted under the Agreements?
Reply
The prior import declaration is not considered to be an anti-dumping measure or a provisional
countervailing measure.  It is an import surveillance measure which may be introduced to permit the
real-time monitoring of imports of products concerning which an application has been lodged for the
implementation of anti-dumping or countervailing measures.
Q4. Article 22 of "Title V of Decree No. 2-93-415: Modalities for the Application of AD/CVD
Duties" addresses applications.  However, this Article does not appear to require all of the
information specified in Article 5.2 of the AD Agreement and 11.2 of the SCM Agreement.
Please confirm that applications are required to contain the information specified in those
provisions?G/ADP/Q1/MAR/5
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Page 3
Reply
See the reply to question No. 2.
Q5. Title V of Decree No. 2-93-415 does not mention the standing requirements of Article 5.4
of the AD Agreement and 11.4 of the SCM Agreement.  How does Morocco intend to carry outthe obligations of those provisions?
Reply
The provisions of Title V of Decree No. 2-93-415 for the implementation of Foreign Trade
Law No. 13-89 are incomplete in relation to the AD and SCM Agreements, because they were drafted
well before the results of the Uruguay Round negotiations, including the AD and SCM Agreements,
were adopted.
Law No. 13-89 was drafted on the basis of Article VI of the GATT 1947.  Consequently, its
implementing Decree was confined to defining the modalities for the application of the provisions of
that law, which was enacted prior to the adoption of the AD and SCM Agreements resulting from the
Uruguay Round negotiations.
However, it should be pointed out that, following the signature of the Marrakesh Agreements
and pursuant to the Moroccan Constitution, the AD and SCM Agreements are an integral part of
Moroccan legislation and their provisions take precedence over the provisions on dumping and
subsidies and countervailing measures contained in the Foreign Trade Law and its implementing
Decree No. 2-93-415.
Indeed, if Morocco is required to implement anti-dumping or countervailing measures, it will
apply the rules and procedures of the AD and SCM Agreements.
Q6. Please confirm that governments of exporting countries will be notified of receipt of an
application prior to initiation of an anti-dumpi ng investigation in accordance with Article 5.6 of
the AD Agreement.
Reply
In view of the fact that the AD Agreement is an integral part of Moroccan legislation and the
provisions of that Agreement take precedence over those of Foreign Trade Law No. 13-89, and in the
event of Morocco being required to implement an anti-dumping measure, the government of theexporting country will be notified prior to the initia tion of the investigation, in accordance with the
provisions of Article 5.6 of the AD Agreement.
Q7. New Article 15(3) of the Foreign Trade Law No. 13-89 ("Foreign Trade Law") appears
to make the same injury standard applicable in safeguards investigations as in anti-dumping
and countervailing duty investigations.
(a) Do the Moroccan authorities in fact us e the same injury standard for anti-
dumping, countervailing duty, and safeguards investigations?
(b) Does Morocco believe that the inju ry standards of Article 3 of the
AD Agreement, Article 15 of the SCM Agreement, and Article 4 of theAgreement on Safeguards are the same?G/ADP/Q1/MAR/5
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(c) If not, please explain the different inju ry standards that Morocco uses for anti-
dumping, countervailing duty, and safeguards investigations and how those
standards relate to the standards set forth in the AD, SCM, and Safeguards
Agreements respectively ?
Reply
Following the signature of the Marrakesh Agreements, the AD and SCM Agreements form an
integral part of Moroccan legislation and their provisions take precedence over the provisions on
dumping and subsides and countervailing m easures contained in Decree No. 2-93-415.
Consequently, if Morocco were required to initiate dumping or countervailing measure
proceedings, the evaluation of injury would be ca rried out in accordance with the relevant provisions
of the AD and SCM Agreements, and not in accordance with Article 15 of Foreign Trade Law
No. 13-89.
Q8. The only standard in Moroccan law or regul ations concerning injury determinations in
anti-dumping and countervailing duty investigations appears to be that of the introductory
paragraph of Article 15 of the Foreign Trade Law, which states that imports must "cause or
threaten to cause material injury to an establis hed domestic industry or materially retard the
establishment of a domestic industry".
(a) How does Morocco implement the provisions of Article 3 of the AD Agreement
and Article 15 of the SCM Agreement concerning the factors that investigating
authorities are to consider in making injury determinations?
(b) How does Morocco implement the provisions of Articles 3.7 and 3.8 of the
AD Agreement and Articles 15.7 and 15.8 of the SCM Agreement concerning the
factors that investigating authorities are to consider in making determinations ofthreat of material injury?
Reply
See the reply to question No. 2.
Q9. Moroccan law and regulations do not appear to have any provisions explaining how a
"domestic industry" is defined for purposes of Article 15 of the Foreign Trade Law.
(a) How does Morocco implement the requirements of Articles 2.6 and 4.1 of the
AD Agreement and Articles 15.1 and 16.1 of the SCM Agreement that the
domestic industry be defined in terms of production of "like products"?
(b) Does Morocco permit exclusion from the domestic industry of producers that
are related to exporters or importers, or are themselves importers of the productunder investigation, pursuant to Article 4.1 of the AD Agreement and
Article 16.1 of the SCM Agreement?  If so, under what circumstances will such
exclusions take place?
Reply
The Foreign Trade Law was drafted on the basis of Article VI of the GATT 1947 and
contains no definition of the concept of domestic industry.G/ADP/Q1/MAR/5
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However, if Morocco had to initiate a procedure for the implementation of anti-dumping or
countervailing measures, it would apply the prov isions of Article 2.6 and 4.1 of the AD Agreement
and Articles 15.1 and 16.1 of the SCM Agreement, defining domestic industry, since the AD and
SCM Agreements have become an integral part of Moroccan legislation as a result of the signing ofthe Marrakesh Agreements, and their provisions take precedence over the provisions on dumping and
subsidies and countervailing measures contained in Decree No. 2-93-415.
Q10. Article 25 of the "Modalities for the Application of Anti-Dumping and Countervailing
Duties" states that the Consultative Commission on Imports "may decide to hold a prior public
enquiry" with respect to anti-dumping and coun tervailing duty applications. Does this mean
that it is within the discretion of the Consulta tive Commission to determine whether to hold a
public inquiry?  If so, how is this consistent with Article 6.2 of the AD Agreement and
Article 12.2 of the SCM Agreement that accord int erested parties the right, on justification, to
present information orally to investigating authorities?
Reply
The Foreign Trade Law and its implementing Decree lay down no mandatory requirement for
the opening of a public enquiry, given the fact that this Law was drawn up in 1989 on the basis of
Article VI of the GATT 1947.
Nevertheless, as was pointed out earlier, if Morocco is required to initiate a dumping or
subsidy procedure, it will comply with the provisions of Article 6.2 of the AD Agreement and
Article 12.2 of the SCM Agreement, which give interested parties the right to present orally, to the
Consultative Commission on Imports, their suppor ting arguments and points of view on the case
under investigation, since the AD and SCM Agreements have the force of law in Morocco and theprovisions of those Agreements apply ipso facto  to applications lodged with the Consultative
Commission on Imports.
It should be noted that the provisions on anti- dumping or countervailing measures contained
in the Foreign Trade Law and its implementing text have never been applied since no procedure has
been initiated up to now.
Q11. In conducting its public inquiry, must the Consultative Commission on Imports develop
a record including all documents received by th e Commission and transcripts or memoranda or
reports recording or memorializing any meetings  held by the Commission and any interested
party?  Is such a record available to the public?  Does it allow for protection of business
proprietary information submitted by parties?
Reply
To date, Morocco has not at any time initiated a procedure for implementation of
anti-dumping or countervailing measures.  If an investigation were to be initiated, and given the factthat the AD and SCM Agreements have the force of law in Morocco, the relevant provisions of those
Agreements concerning the confidentiality of information provided during the investigation would be
respected.
Thus, any information of a confidential nature to be submitted to the Consultative
Commission on Imports cannot be disclosed without the authorization of the party providing the
information.  However, non-confidential summaries can be made public.G/ADP/Q1/MAR/5
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Q12. The second paragraph of Article 25 of the "Modalities" states that notice of any public
inquiry will be made "through the press".  What press medium does Morocco use to provide
this notice?
Reply
Inasmuch as no procedure has been initiated up to now, no public notice concerning anti-
dumping measures or countervailing measures has been published.  In practice, however,
administrative notices are usually published in the Offi cial Journal, in the section reserved for legal
notifications, and in some instances in mass-circulation daily newspapers.
Q13. The second paragraph of Article 25 also states that the notice "shall state the time-limit
for submissions of any observations concerning the application."
(a) Who may file such written submissions?
(b) Are such written submissions authorized in proceedings in which the
Consultative Commission does not determine to hold a public inquiry?  If not,
how does Morocco implement the requirements of Article 6.1 of the
AD Agreement and Article 12.1 of the SCM Agreement that interested parties be
presented the opportunity to present in  writing evidence which they consider
relevant concerning the investigation?
(c) Do those filing written submissions have the opportunity to see the application
and whatever other information the Moroccan authorities have collected?  If
not, how does Morocco implement the requirements of Article 6.4 of theAD Agreement and Article 12.3 of the SCM Agreement that authorities provide
timely opportunity to interested parties to enable them to see all non-confidential
information relevant to the presentation of their cases?
Q14. How does Morocco implement the provisions of Article 6.5 of the AD Agreement and
Article 12.4 of the SCM Agreement concerning submission of confidential information?
Q15. How does Morocco implement the provisions of Article 6.9 of the AD Agreement and
Article 12.8 of the SCM Agreement concerning inform ing interested parties of the essential facts
under consideration?
Reply
See the reply to question No. 2.
Q16. Article 26 of the "Modalities" appears to state that the Consultative Commission shall
provide its opinion on an application for anti -dumping or countervailing duties within four
months of receiving the application from the minister in charge of foreign trade.
(a) Is the Consultative Commission's opinion final, or is it subject to review and/or
revision by the minister?
(b) If the minister has the ability to review and/or revise the Consultative
Commission's opinion, what are the standards and procedures applicable to
such a review?  Can interested parties participate in the review process?G/ADP/Q1/MAR/5
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Page 7
(c) Does Morocco publish the final determination on whether to issue anti-dumping
or countervailing duties (whether it be issued by the Consultative Commission or
the minister)?  How does Morocco implement the provisions of Article 12 of the
AD Agreement and Article 22 of the SCM Agreement concerning public noticeand explanation of determinations?
Reply
The Consultative Commission on Imports, set up under Article 9 of Decree No. 2-93-415
implementing the Foreign Trade Law, is required to give its opinion to the Minister responsible for
foreign trade on the implementation of anti-dumping measures and countervailing measures, amongother matters.
Since its establishment in 1993, the Commission has never given its opinion on matters
relating to the implementation of anti-dumping measures and countervailing measures.
However, Morocco considers that – from the point of view of either the Consultative
Commission on Imports or the Minister responsible for foreign trade – the decision to impose an anti-
dumping duty or a countervailing duty can be taken on ly if the conditions for the application of such
measures, as defined in the AD and SCM Agreements, are met, and the procedure laid down by those
Agreements is respected.
Q17. How does Morocco implement the provisions of Article 13 of the AD Agreement and
Article 23 of the SCM Agreement concerning judicial or administrative review of
determinations?
Reply
Under Moroccan law, administrative decisions may be the subject of appeal to the
administrative courts.  The right of appeal is thus guaranteed and the administrative court may receive
applications for review of an anti-dumping measure or a countervailing measure, which may be
lodged by the injured party.  Consequently, the provisions of Article 13 of the AD Agreement and
those of Article 23 of the SCM Agreement are broadly integrated into Moroccan law.
Q18. Article 29 of the "Modalities" states that anti-dumping and countervailing duty
measures "shall remain in force as long as the measures justifying them persist".  How is this
consistent with Article 11.3 of the AD Agreement and Article 21.3 of the SCM Agreement that
measures shall not remain in force beyond five years unless the authorities determine in areview proceeding that continuation of the measures is necessary?
Reply
Foreign Trade Law No. 13-89 was drafted in 1989 on the basis of Article VI of the
GATT 1947 and entered into force in 1993, well before the adoption of the results of the Uruguay
Round negotiations, including the AD and SCM Agreements which define the rules and disciplines
for implementation of anti-dumping measures and countervailing measures.
However, following the signature of the Marrakesh Agreements, the WTO Agreements have
the force of law.  Accordingly, the AD and SCM Agreements are an integral part of Moroccan
legislation, and their provisions take precedence over the provisions on dumping, subsidies and
countervailing measures contained in Foreign Trade Law No. 13-89 and its implementing Decree
No. 2-93-415.G/ADP/Q1/MAR/5
G/SCM/Q1/MAR/5
Page 8
If Morocco is required to implement anti-dumping measures or countervailing measures, it
will apply the rules and procedures of the relevant WTO Agreements.  Thus, the duration of such
measures will be in conformity with the provisions of Article 11.3 of the AD Agreement and
Article 21.3 of the SCM Agreement.
Q19. Article 11 of Decree No. 2-93-415 concerning the Consultative Commission on Imports
states that the work of the Consultative Comm ission shall be governed by rules of procedures
which the Commission shall establish with appr oval of the Ministry responsible for foreign
trade.  Has the Commission approved any such ru les of procedure?  If so, when will Morocco
notify them to these Committees?
Reply
The rules of procedure of the Consultative Committee on Imports lay down the modalities for
the work of the Commission, as agreed among its members.  Since these rules of procedure do not
constitute a legislative text or regulation within the meaning of a law or a decree, Morocco considersthat they need not be the subject of notification.
Q20. How has Morocco implemented the provisions of Article 5.8 of the AD Agreement and
Article 11.9 of the SCM Agreement requiring immediate termination of a proceeding when the
margin of dumping or amount of subsidy is de minimis  or when the volume of imports is
negligible?
Reply
Up to now, Morocco has not at any time initiated a procedure in respect of dumping or
countervailing measures.  The provisions of  Article 5.8 of the AD Agreement and those of
Article 11.9 of the SCM Agreement concerning the immediate termination of an investigation in cases
of de minimis  dumping or subsidization or negligible import volumes have thus never been applied.
However, if a procedure is initiated, Morocco will abide by the provisions of Article 5.8 of
the AD Agreement and Article 11.9 of the SCM Agreement, since the AD and SCM Agreements are
an integral part of Moroccan legislation and their provisions apply ipso facto  to any applications that
will be considered by Morocco.
QUESTIONS FROM THE EUROPEAN COMMUNITY
Q1. Could Morocco please explain whether prio r import declaration may be requested also
in the context of investigations leading to anti-dumping and countervailing duties?
APPLICATIONS FOR BENEFITING FROM MEASURES UNDER ARTICLE 15 OF LAW NO . 13-89
Q2. Article 22 of Decree No. 2-93-415 on modaliti es for the application of anti-dumping and
countervailing duties, states that an application to benefit from the safeguard
measures provided for under Article 15 of Law No. 13-89 " shall contain evidence of the existence
of (a) dumping, (b) a subsidy or bounty, and (c) a causal link between the imported product that is
dumped or receives a subsidy or bounty and the injury suffered ".
Could Morocco please explain how it intends to comply with Article 5.2 of the WTO
Anti-Dumping Agreement and Article 11.2 of the WTO Agreement on Subsidies and
Countervailing Measures, in particular as con cerns the evidence which an application shall
contain to justify the initiation of an invest igation?  In general terms, could Morocco also
explain how it reconciles Articles 22 and 23 of the Decree with its obligations under Article 5 ofG/ADP/Q1/MAR/5
G/SCM/Q1/MAR/5
Page 9
the WTO Anti-Dumping Agreement and Article 11 of WTO Agreement on Subsidies and
Countervailing Measures?
Q3. Article 30 of the Decree provides that " The provisions of this Title shall apply to parts or
components for the assembly or finishing of  any product subject to an anti-dumping or
countervailing duty ".
Could Morocco please explain how it intends to apply this provision in relation to
Article 5 of the WTO Anti-Dumping Agreement and Article 11 of the WTO Agreement on
Subsidies and Countervailing Measures?
IMPOSITION OF MEASURES
Q4. Article 24.1 of the Decree provides that " If the Minister concerned provides evidence of
the existence of dumping, a subsidy or bounty and injury caused to the domestic industry, the
safeguard measures provided under Article 15 of the aforementioned Law No. 13-89 shall beapplied forthwith by order of the Minister for Fina nce, following consultation with the Minister or
Ministers concerned ".
Could Morocco please explain how it reconciles  this provision with its obligations under
Articles 7 and 9 of the WTO Anti-Dumping Agreement and Articles 17 and 19 of the WTOAgreement on Subsidies and Countervailing Measures?
M
ETHODOLOGY TO DETERMINE MARGIN OF DUMPING AND AMOUNT OF SUBSIDY
Q5. Article 24(3) of the above Decree states that "When applying the safeguard measures
provided in the first paragraph above, the amount of the anti-dumping duty shall not under any
circumstances exceed the margin of dumping a nd the amount of the countervailing duty shall
not under any circumstances exceed the amount of the subsidy or bounty."
Could Morocco please explain which is the methodology you will follow to determine the
margin of dumping and the amount of subsidy?
PUBLIC ENQUIRY
Q6. In Article 25 of the Decree it is stated that " The Consultative Commission on Imports may
decide to hold a prior public enquiry in respect of any applications referred to it for its opinion"
and that  "For this purpose, a model questionnaire shall be made available to interested persons at
the head office of the Ministry responsible for fo reign trade.  The duly completed questionnaire
shall be submitted to the Consultative Commission on Imports before the expiry of the time-limit
specified in the previous paragraph ."
Article 26 states that "The Consultative Commission on Imports shall give its reasoned
opinion to the Minister responsible for foreign trade within a maximum of four (4) months from
the date of referral".
Could Morocco please explain how it reconcil es this article with its obligations under
Article 6 of the WTO Anti-Dumping Agreement and Article 12 of the WTO Subsidies andCountervailing Measures Agreement?G/ADP/Q1/MAR/5
G/SCM/Q1/MAR/5
Page 10
DURATION OF THE DUTIES AND REVIEWS
Q7. Article 29 of the decree provides that "Anti-dumping and countervailing duties imposed
under the provisions of this Title shall remain in force as long as the measures justifying thempersist" .
Could Morocco please explain how it reconcil es this article with its obligations under
Article 11.3 of the WTO Anti-dumping Agreement and Article 21.3 of the WTO Subsidies and
Countervailing Measures Agreement? What provisions have been made for review of
anti-dumping or countervailing duties?
I
MPOSING DUTIES ON PARTS AND COMPONENTS
Q8. Could Morocco please explain under which circumstances would the provisions of
Article 30 of the Decree "The provisions of this Title shall apply to parts or components for the
assembly or finishing of any product subject to  an anti-dumping or countervailing duty" be
applied?  Has Morocco ever applied this provision?
G/SCM/N/1/MAR/3
Q9. The notification of Article 15 of the Foreign Trade Law No. 13-89 (as amended) and of
Title V of Decree No. 2-93-415 does not contain an explicit provision which would limit the
imposition of countervailing duties to subsidies which are specific in accordance with Article 1.2
of the Agreement on Subsidies and Countervailing Measures.
Could Morocco please confirm that only imports which benefit from specific subsidies in
the meaning of Article 2 of the Agreement on Subsidies and Countervailing Measures may be
subject to countervailing duties?
Q10. The notification of Article 15 of the Foreign Trade Law No. 13-89 (as amended) states
on page three that imports may be subject to:
- "Tariff or non-tariff measures if a massive increase in imports of directly like
competitive products is noted"  (Article 15(3));
- "Non-tariff measures in the case of imports entering duty free under agreements
concluded between Morocco and other countries prior to the entry into force of
this Law" (Article 15(4));
- "A duty to be added to the tariff equivalent referred to under Article 5 if a
significant decrease in the price of the products referred to in Article 7 is
noted."(Article 15(5)).
(a) Can Morocco please explain the relati onship between these three provisions and
paragraphs 1 ("Countervailing duties") and 2 ("Anti-dumping duties") of Article 15 of
the Foreign Trade Law No. 13-89 (as amended)?
(b) Under which circumstances can "tariff or non-tariff measures" under Article 15(3) of
the Foreign Trade Law No. 13-89 (as amended) be adopted?
(c) Under which circumstances can "non-tariff measures" under Article 15(4) of the
Foreign Trade Law No. 13-89 (as amended) be adopted?G/ADP/Q1/MAR/5
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Page 11
(d) Under which circumstances can "a duty [] be added" under Article 15(5) of the Foreign
Trade Law No. 13-89 (as amended)?
(e) What is the legal basis for Articles 15(3), 15(4) and 15(5) of the Foreign Trade Law
No. 13-89 (as amended) in the WTO Agreements?
Replies
PRIOR IMPORT DECLARATION
The prior import declaration provided for in Article 15 of Foreign Trade Law No. 13-89 is not
considered to be an anti-dumping measure or a provisional countervailing measure.  It is an import
surveillance measure which may be introduced to permit the real-time monitoring of imports of
products concerning which applications for the im position of anti-dumping measures, countervailing
measures or safeguard measures have been submitted.
APPLICATIONS THAT MAY BENEFIT FROM MEASURES UNDER ARTICLE 15 OF FOREIGN TRADE
LAW NO. 13-89
The concept of "measures to safeguard domestic industry" is defined broadly under Foreign
Trade Law No. 13-89.  It covers provisions relating to anti-dumping measures, countervailingmeasures and safeguard measures as such.
It should be pointed out first of all that Foreign Trade Law No. 13-89 was drafted in 1989 and
entered into force in 1993, well before the adoption of the AD and SCM Agreements resulting from
the Uruguay Round negotiations.
Thus, Article 15 of the Foreign Trade Law embodies the principles set forth in Article VI of
the GATT 1947.  With regard to subsidies and countervailing measures, Morocco was not a signatory
to the Tokyo Round Agreement on Interpretation and Application of Articles VI, XVI and XXIII of
the General Agreement on Tariffs and Trade.
As a result of the signature of the Marrakesh Agreements, the WTO Agreements have the
force of law.  Accordingly, the AD and SCM Agreements are an integral part of Morocco's legal
system and their provisions take precedence- over the provisions on dumping or subsidies and
countervailing measures contained in Foreign Trade Law No. 13-89 and its implementing
Decree No. 2-93-415.  If Morocco is required to implement anti-dumping measures or countervailing
measures, it will apply the rules and procedures of the AD and SCM Agreements.
With a view to further strengthening the implementation at national level of the multilateral
rules on dumping, subsidies and countervailing measures, draft legislation on trade defence measures
(anti-dumping measures, countervailing measures and safeguard measures) has been drawn up and is
currently in process of adoption.  This is a draft law based on the provisions of the AD andSCM Agreements.
IMPOSITION OF ANTI -DUMPING MEASURES AND COUNTERVAILING MEASURES
The provisions of Article 15 of Foreign Trade Law No. 13-89 and those of Title V of its
implementing Decree No. 2-93-415 reflect the princi ples set forth in Article VI of the GATT 1947.
They were drafted and implemented well before the adoption of the AD and SCM Agreements
resulting from the Uruguay Round negotiations.G/ADP/Q1/MAR/5
G/SCM/Q1/MAR/5
Page 12
However, by virtue of the signature of the Marrakesh Agreements, the WTO Agreements
have the force of law and their provisions take precedence over the provisions of Title V of
Decree No. 2-93-415 on dumping and countervailing measures.
If Morocco is required to impose anti-dumping measures or countervailing measures, it will
apply the relevant rules and procedures of the AD and SCM Agreements.  Accordingly, the provisions
of Articles 7 and 9 of the AD Agreement and thos e of Articles 17 and 19 of the SCM Agreement
concerning the imposition of such measures will be respected.
METHODOLOGY TO DETERMINE MARGIN OF DUMPING AND AMOUNT OF SUBSIDY
To date, Morocco has not at any time initiated a dumping or subsidy procedure.  No margin of
dumping or amount of subsidy has been determined.
However, if a procedure is initiated, Morocco will abide by the rules recommended at
multilateral level, since the AD and SCM Agreements are an integral part of Moroccan legislation andthe provisions of those Agreements apply ipso facto  to any applications that will be submitted to the
Ministry responsible for foreign trade.
PUBLIC INQUIRY
The provisions of Article 15 of Foreign Trade Law No. 13-89 and those of Title V of its
implementing Decree No. 2-93-415 reflect the princi ples set forth in Article VI of the GATT 1947.
They were drafted and implemented well before the adoption of the AD and SCM Agreements
resulting from the Uruguay Round negotiations.
However, as a result of the signature of the Marrakesh Agreements, the WTO Agreements
have the force of law and their provisions take precedence over the provisions on dumping, subsidies
and countervailing measures contained in Foreign Trade Law No. 13-89 and its implementing Decree
No. 2-93-415.
If Morocco is required to impose anti-dumping measures or countervailing measures, it will
apply the rules and procedures of the relevant WTO Agreements, and the provisions of Article 6 ofthe AD Agreement and Article 12 of the SCM Agreement relating to evidence and the conduct of the
investigation will accordingly be respected.
DURATION OF ANTI -DUMPING AND COUNTERVAILING MEASURES AND THEIR REVIEW
The Moroccan Foreign Trade Law does not limit the duration of anti-dumping or
countervailing duties and does not lay down rules for the review of such duties, but if Morocco has to
initiate a procedure for the implementation of anti-dumping or countervailing measures, it will
conform to the provisions of Article 11.3 of  the AD Agreement and Article 21.3 of the
SCM Agreement.
In this connection, it should be pointed out that the AD and SCM Agreements are an integral
part of Moroccan legislation and their provisions take precedence over the provisions on dumping and
countervailing measures contained in Article 15 of Foreign Trade Law No. 13-89 and Title V of its
implementing Decree.
Thus, draft legislation on trade defence measures (anti-dumping measures, countervailing
measures and safeguard measures) has been drawn up and is in process of adoption.  This is a draft
law based on the provisions of the AD Agreement and the SCM Agreement.G/ADP/Q1/MAR/5
G/SCM/Q1/MAR/5
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IMPOSITION OF ANTI -DUMPING AND COUNTERVAILING DUTIES ON PARTS AND COMPONENTS
The provisions of Article 30 of Decree No. 2-93-415 implementing the Foreign Trade Law
are considered as measures to prevent circumvention of anti-dumping or countervailing duties.
Morocco has never applied these provisions.
OTHER QUESTIONS
Reply to question No. 1 concerning the types of subsidies covered by countervailing measures
Article 15 of Law No. 13-89 does not define the types of subsidies which may be subject to
countervailing measures.  However, given the fact that the SCM Agreement has the force of law at
national level and that the provisions of that Agreement take precedence over those contained in the
Foreign Trade Law, countervailing measures will be imposed only against imports for which specific
subsidies have been granted in accordance with Article 1.2 of the SCM Agreement.
Reply to question No. 2(a) concerning the scope of Article 15 of the Foreign Trade Law
Article 15 of Foreign Trade Law No. 13-89 entitled "Measures to safeguard domestic
industry" covers both the provisions relating to safeguard measures as such and those relating toanti-dumping and countervailing measures.
There is no connection between anti-dumping and countervailing measures, on the one hand,
and the other measures provided for in Article 15 of Foreign Trade Law No. 13-89, applicable in other
situations, on the other.
Reply to  question No. 2(b) concerning safeguard measures
The tariff or non-tariff measures provided for in Article 15.3 of the Foreign Trade Law may
be applied in the event of a massive increase in imports, which causes or threatens to cause serious
injury to the domestic industry producing like or directly competitive products, in accordance with the
provisions of the WTO Agreement on Safeguards.
Reply to question No. 2(c) concerning tariff or non-tariff measures applicable to imports effected
under preferential arrangements
The tariff or non-tariff measures provided for in Article 15.4 of the Foreign Trade Law
concern only imports effected on a preferential basis under preferential bilateral trade agreements
concluded by Morocco with other countries.  MFN imports are not concerned by this measure.
Reply to question No. 2(d) concerning special safeguard measures for agriculture
The additional duty provided for in Article 15.5 of the Foreign Trade Law may be
implemented only in respect of basic agricultural products (in the case of Morocco, these products
are:  meat, dairy produce, cereals, oil-seeds, sugars and their derivatives), for which tariff protection
has been converted into a tariff equivalent pursuant to the provisions of the Agreement on
Agriculture.
The criteria for the application of the additional duty are those provided for in the Agreement
on Agriculture.G/ADP/Q1/MAR/5
G/SCM/Q1/MAR/5
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Reply to question No. 2(e) on the conformity of m easures under Article 15 of the Foreign Trade Law
other than anti-dumping measures and countervailing measures
The measures provided for in Articles 15.3, 15.4 and 15.5 of the Foreign Trade Law are
consistent with the provisions of the WTO Agreements inasmuch as Article 15.3 refers to the
Agreement on Safeguards and Article 15.5 to the Agreement on Agriculture.  Article 15.4 is
applicable only to preferential imports and not to MFN imports governed by the WTO Agreements.
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