G/ADP/Q1/SAU/8  
G/SCM/Q1/SAU/8  
G/SG/Q1/SAU/10  
 
24 October 2023  
(23-7162) Page: 1/7 
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  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING THE NOTIFICATION OF THE KINGDOM OF SAUDI ARABIA2 
The following communication , dated  and received on 24 October 2023, is being circulated at the 
request of the delegation of the Kingdom of Saudi Arabia . 
 
_______________  
 
 
The Kingdom of Saudi Arabia would like to thank the United States for its questions regarding the 
Law of Trade Remedies in International Trade (the Law) and the Executive Regulation of the Law 
(the Regulation).  
 
The Kingdom of Saudi Arabia provides replies to the questions as follows:  
 
Question 1  
 
Please clarify whether throughout the Law and the Regulation "days" referring to various 
timelines and deadlines means calendar or business days.  
 
Reply : 
 
The term "days", in the Law and Regulation, refers to calendar days.  
 
Question 2  
 
Article 1 of the Law explains that parties may request a refund revie w on behalf of an 
importer. Please identify the categories of interested parties that can request a refund 
review on behalf of an importer. Additionally, explain whether the General Authority of 
Foreign Trade (the Authority) provides notice to interested p arties in which it identifies 
the deadlines and requirements for refund reviews pertaining to active measures. Finally, 
please explain whether refund reviews set a new duty amount going forward or only act 
to refund duties that were improperly collected.  
 
Reply : 
 
- According to Article 1 of the Law and Article 40.1 of the Regulation, only the importer and its 
legal representative(s) may request a refund review.  
- The refund review is initiated when an importer (or its representative) submits a request of 
refund review which meets the requirements of and is filed within the deadlines provided for 
in Article 40 of the Regulation.  
- According to Article 40.5 of the Regulation, the level of the anti -dumping duty may be adjusted 
if the Authority has found, in a  refund review conducted simultaneously with an interim review, 
that the dumping margin has changed.  
 
1 G/ADP/Q1/SAU/7  - G/SCM/Q1/SAU/7  - G/SG/Q1/SAU/9 . 
2 G/ADP/N/1/SAU/ 2/Suppl.2  - G/SCM/N/1/SAU/2/Suppl.2  - G/SG/N/1/SAU/2/Suppl.2  and 
G/ADP/N/1/SAU/2/Suppl.3  - G/SCM/N/1/SAU/2/Suppl.3  - G/SG/N/1/SAU/2/Suppl.3 . G/ADP/Q1/SAU/8 • G/SCM/Q1/SAU/8 • G/SG/Q1/SAU/10  
 
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  Question 3  
 
Article 1 of the Law defines the Department as "{t}he Department responsible for trade 
remedies issues in the Authority." Additionally, Article  4 describes the other entities (the 
Authority, the Department, Governor, Chairperson, and other government entities) 
involved in trade remedy investigations. Please explain in additional detail the role each 
entity has in the conduct of trade remedy inves tigations and imposition of trade remedy 
measures. For example, how does the role of the Authority, the Department, and Governor 
differ? Which entity is responsible for the conduct of the trade remedy investigation? 
Which entity has the final say in decidi ng whether a trade remedy measure is imposed 
and the level of any such measure? Are any of the positions politically appointed? If so, 
which agency or individual is responsible for filling the appointed positions?  
 
Reply : 
 
- Article 4 of the Law aims to go vern the responsibilities and decision -making within the General 
Authority of Foreign Trade ( "GAFT") which is the investigating authority. The Department, 
Governor, and Chairperson are all part of GAFT. At present, the Department is the Trade 
Remedy Deputyship ( "TRD"), which is part of GAFT and is responsible for the conduct of 
investigations and makes recommendations to the Governor of GAFT. The Governor of GAFT 
has the authority to take decisions such as the initiation and termination of an investig ation 
and other types of decisions as provided in Article 4.3 of the Law. The Governor can also 
recommend the imposition of measures further to an investigation to the Chairperson of GAFT. 
The Chairperson has the power to take the final decisions regarding  the imposition of measures 
and other types of decisions as provided in Article 4.4 of the Law. Article 4.5 of the Law gives 
the Authority the right to request information from other governmental authorities and to 
ensure the proper execution of GAFT decis ions.  
- Currently, the appointed Chairperson of GAFT, is the Minister of Commerce. For more 
information regarding the provisions of appointments of the Chairperson and the Governor, 
please refer to the Decision of the Council of Ministers No.471 of 14 Jul y 2020 to issue 
GAFT Regulations.  
 
Question 4  
 
Article 3 of the Law states that when conducting investigations and reviews on imports 
destined to the Kingdom from non-WTO Members , the Governor of the Authority (the 
Governor) may apply the provisions of the Law and the Regulation, in whole or in part, o r 
"take other measures in a manner that does not conflict with the Kingdom's international 
commitments." Please provide examples of "other measures" that may be taken and 
explain how such measures are determined. Furthermore, please explain whether such 
"other measures" must comply with provisions articulated in the Law and the Regulation.  
 
Reply : 
 
Article 3.2 of the Law gives the Governor the power to apply all or part of the provisions of the Law 
if a non -WTO Member is concerned with an investigation. In taking actions other than those provided 
for in the Law, the Governor must not violate any applicable provisions of trade agreements that 
may be in place between the Kingdom of Saudi Arabia and the non -WTO Member concerned. The 
Law applies without any limi tations when a WTO Member is subject to the investigation.  
 
Question 5  
 
Article 8 of the Law states that antidumping duty measures and countervailing duty 
measures "shall not be imposed on the same product from the same source as a dual 
remedy for the same  situation of dumping and an export subsidy." Discuss whether the 
Authority can conduct simultaneous antidumping and countervailing duty investigations 
of the same product from the same exporting country. If so, explain how the Authority 
determines the app licable duty rate when the Authority issues affirmative determinations 
in both investigations.  
 G/ADP/Q1/SAU/8 • G/SCM/Q1/SAU/8 • G/SG/Q1/SAU/10  
 
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  Reply : 
 
According to Article 8.3 of the Law, if the conditions for the imposition of anti -dumping and 
countervailing measures are satisfied, the level of the measures shall be adjusted to avoid a double 
compensation of the dumping and export subsidy having an effect on the export prices.  
 
Question 6  
 
Article 9, paragraph 5 of the Law states that price undertakings may be accepted in the 
period between the preli minary affirmative determinations and final determinations. 
Explain whether the Authority refunds and returns provisional duties and securities, 
respectively, when it accepts a price undertaking.  
 
Reply : 
 
According to Article 9.5 of the Law, if the investi gation has been terminated or suspended upon the 
acceptance of price undertaking and before the final determination, the provisional duties shall be 
refunded and securities shall be returned to the parties involved in the price undertaking.  
 
Question 7  
 
Article 16, paragraph 2 of the Law states that the public notice of imposition of provisional 
and definitive measures includes the decree issued by the Chairperson and a summary of 
the preliminary or final findings of the Authority, which "shal l be published in the Official 
Gazette." Where are the Kingdom of Saudi Arabia 's notices concerning trade remedy 
actions published? Please provide the URL website link.  
 
Reply : 
 
As required by the Law, all public notices concerning trade remedy actions wil l be published in the 
Official Gazette "Umm Al -Qura" at https://uqn.gov.sa/ . 
 
GAFT also intends to publish the same public notices on the official website of GAFT at 
https://gaft.gov.sa/ar/commercial -processors/Announcements/Pages/default.aspx  
 
Question 8  
 
Article 19 of the Law provides that "{p}ublic  interest persons" may submit information to 
the Authority concerning the effects of trade remedy measures on the public interest. 
Please explain whether such information must pertain exclusively to the effect on the 
domestic market for the like product, o r whether it can pertain to other factors such as 
the effect on downstream customers and industries. Additionally, please explain whether 
individuals, governments, or other interested parties or entities located outside the 
Kingdom of Saudi Arabia  may subm it public interest information.  
 
Reply : 
 
- According to Article 19.2 of the Law, the information submitted by the public interest persons 
shall include evidence on whether the proposed imposition of trade remedy measures is in the 
public interest. Factors that may be considered include those related to the domestic market 
for the like product, downstream customers and industries, upstream suppliers, or other 
concerns such as public health, public security, environmental issues, or any other related 
factors of public concerns. The Chairperson will assess these factors in deciding whether or 
not to impose trade remedy measures pursuant to Article 4.4 of the Law.  
- According to Article 1 of the Law, public interest persons are governmental entities, 
institutio ns, and civil associations in the Kingdom of Saudi Arabia. Accordingly, entities outside 
of Saudi Arabia cannot participate as public interest persons. All interested parties can submit 
information relating to the public interest in the course of the inves tigation through their 
submissions and participation in the investigation. All information submitted will be considered 
in the investigation by GAFT.   
 G/ADP/Q1/SAU/8 • G/SCM/Q1/SAU/8 • G/SG/Q1/SAU/10  
 
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  Question 9  
 
Article 20 of the Law states that the Chairperson of the Board of Directors of the Authority 
(the Chairperson) may consider public interest information when determining whether to 
impose or extend definitive measures. Describe how the Chairperson evaluates the public 
interest information and determines whether such information justifies not imposing or 
extending measures or reducing the period of imposition or level of such measures. In 
instances where the level of the measure is reduced, please explain how the reduced level 
is determined and calculated. Further, discuss whether decisions  regarding public interest 
are provided to the interested parties for comment, and whether decisions regarding 
public interest are subject to the judicial review procedures described in Chapter X of the 
Law.  
 
Reply : 
 
- According to Articles 4.4 and 20.2 of the Law, the Chairperson has the authority to take into 
account the public interest. Pursuant to Article 20.2 of the Law, the Chairperson must provide 
reasons on decisions made regarding the public interest. The Chairperson 's consideration of 
the public interest elements brought to his attention will be evaluated on a case -by-case basis. 
According to Article 4.4 of the Law and Article 45.4 of the Regulation, the Chairperson may 
decide to establish an ad -hoc committee of experts to assist in the stud y of the public interests 
concerns.  
- According to Article 21.1 of the Law, if the Chairperson decides to reduce the level of 
measures, the Authority shall re -determine the measures imposed based on the percentage 
of reduction decided by the Chairperson.  
- The Chairperson 's final decision, which includes the Chairperson 's conclusion regarding the 
final determinations and the public interest concerns, will be published and available for 
comments to interested parties. A final decision is subject to judicial  review under Chapter  X 
of the Law.  
 
Question 10  
 
Article 28 of the Law explains that domestic industries may submit trade remedies 
complaints under the Law or the GCC Common Law of Antidumping, Countervailing and 
Safeguard Measures (the Common Law). Howev er, the article prohibits concurrent 
investigations of the same product from the same country under both the Law and the 
Common Law. Discuss whether domestic industries are incentivized or otherwise 
encouraged to pursue trade remedies under either the Law or the Common Law. Are 
petitioners in the Kingdom of Saudi Arabia  allowed to freely choose whether to pursue 
trade remedy cases under the Law or Common Law?  
 
Reply : 
 
According to Article 28.1 of the Law, a domestic industry in Saudi Arabia is free to choose either to 
submit a complaint according to the Law or to the GCC Common Law based on its interests.  
 
Question 11  
 
Please explain whether the Kingdom of Saudi Arabia 's new law and regulations will work 
in tandem with the GCC's Common Law? Please ident ify and describe any conflicting 
provisions between the Law and the Common Law. In the event of any conflicting 
provisions, which law prevails? What role, if any, will the GCC play in trade remedy 
investigations brought by the Kingdom of Saudi Arabia  and c onducted under the Kingdom 
of Saudi Arabia 's law and regulations? Where are the GCC's notices concerning trade 
remedy actions under the Common Law published? Please provide the URL website link 
for the GCC's trade remedy actions.  
 G/ADP/Q1/SAU/8 • G/SCM/Q1/SAU/8 • G/SG/Q1/SAU/10  
 
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  Reply : 
 
- The Law and GCC Common Law both apply. There are no conflicting provisions as both have 
a different scope of application. The Law is limited to the market of Saudi Arabia and its 
domestic industry while the GCC Common Law covers the GCC market and GCC industry. The 
relations between the Law and the GCC Common Law are governed by Articles 28.1 and 28.2 
of the Law.  
- For more information regarding the GCC trade remedy investigations, please refer to the GCC 
investigating authority website at https://www.gcc -sg.org/ar -
sa/GeneralSecretariat/SectorsSites/TSAD/Pages/Releases.aspx .  
 
Question 12  
 
If the Kingdom of Saudi Arabia  makes an affirmative finding in a trade remedy 
investigation and imposes antidumping, countervailing duty, or safeguard duties under 
its own law and regulations, will the duties be applicable to imports of the subject product 
into all member states of the  GCC (i.e., Bahrain, Kuwait, Oman, Qatar, the Kingdom of 
Saudi Arabia  and the United Arab Emirates), or only on imports into the Kingdom of 
Saudi  Arabia ? 
 
Reply : 
 
According to Article 3.1 of the Law, the scope of the law covers only the market and industry  of 
Saudi Arabia. Thus, any measures imposed under the Law only apply to imports into the Kingdom 
of Saudi Arabia.  
 
Question 13  
 
Article 3 of the Regulation instructs the Department to determine whether to accept a 
complaint request and to notify the complainant industry of its decision. Clarify whether 
the Law or Regulation provides a deadline for the Department's decision to accept a 
complaint request. If not, describe the Department's practice, including typical timelines, 
for determining whether to  accept a complaint request.  
 
Reply : 
 
According to Article 3.2 of the Regulation, the Department shall register a complaint request once a 
request fulfills  the requirements provided in Articles 4 and 5 of the Regulation. There is no set time 
frame in the Law or the Regulation to complete the review of a complaint request.  
 
Question 14  
 
Article 4 of the Regulation stipulates that the complainant industry "sh all grant 
authorization of powers to its representatives or to those acting on its behalf to submit 
and receive confidential and non -confidential information" pertaining to the complaint 
and investigation. Explain whether the Authority maintains eligibilit y requirements for 
potential representatives ( e.g., residency requirements, law license requirements, etc.), 
or otherwise forbids certain categories of persons or organizations from representing the 
complainant industry.  
 
Reply : 
 
According to Article 4.2 of the Regulation, a company can choose to provide its authorization letter 
to one or more of its employees and give it/them an authenticated authorization letter or power of 
attorney. In addition, a company may provide an authorization letter to a firm, provided that, the 
firm provides its authenticated license of practices together with an authenticated letter of 
authorization or power of attorney issued by the company for the individuals in the firm authorized 
to represent the company. There is no residency requirement for representatives.  
 G/ADP/Q1/SAU/8 • G/SCM/Q1/SAU/8 • G/SG/Q1/SAU/10  
 
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  Question 15  
 
Article 4 of the Regulation provides that, for the purposes of accepting a complaint, 
initiating an investigation, and defining the domestic industry, the Department may 
exclude producers "that  are proven to be related to the exporters or importers of the 
product subject to the complaint or under investigation…." Describe how the Department 
evaluates such relationships, and determines whether to exclude related companies, 
before initiating the i nvestigation. Additionally, discuss whether the Department excludes 
related companies from its analysis of industry support before initiating an investigation.  
 
Reply : 
 
- According to Article 4.1 of the Regulation, the Department shall review the standing of the 
complainant before the initiation of the investigation. Based on the available information at 
the time of submission of the complaint request or at the time of the assessment of its 
accuracy and adequacy, the Department shall decide whether the stan ding requirement of 
Article 4.1 of the Regulation is satisfied.  
- According to Article 4.4 of the Regulation, the Department may exclude – for the assessment 
of standing – any domestic producers related to exporters, foreign producers or importers of 
the product subject to the complaint or under investigation or are themselves importers of the 
product subject to the complaint or under investigation when it has evidence of this 
relationship and there are grounds for believing or suspecting that the effect o f the relationship 
is such as to cause the related domestic producer concerned to behave differently from 
unrelated domestic producers. The Department 's assessment is based on the available 
information obtained from the relevant domestic producers and any other information 
obtained by the Department before the initiation. The interested parties shall have the 
opportunity to comment on the Department 's decision after the initiation.  
 
Question 16  
 
Article 9 of the Regulation states that the Department shall not consider oral information 
provided during a hearing, unless the party submits the information in writing within 7 
days of the hearing. Clarify whether the party must submit such written information 
before or after the hearing.  
 
Reply : 
 
According to Article 9.7 of the Regulation, in case a party provides information orally during a hearing 
that was not provided in a written statement submitted before the hearing, that party shall submit 
this information in writing to the Departmen t within 7 days from the date of the hearing.  
 
Question 17  
 
Article 11 of the Regulation states that the investigation procedures articulated in the 
Regulation "are not intended to prevent the Authority from proceeding" with various 
determinations "within the time limits specified by law, as long as the conclusions reached 
by the Authority are in accordance with the relevant provisions of the Law and the 
Regulation." Explain how the Authority evaluates whether such conclusions accord with 
the Law and Regula tion. Additionally, describe the extent to which the Authority must 
explain such conclusions in its determination materials.  
 
Reply : 
 
Article 11 of the Regulation provides the Authority with the power to proceed in the investigation, 
to reach conclusions a nd to impose measures in accordance with the Law and Regulation. Chapter  III 
of the Regulation provides a list of procedural requirements which shall be followed by GAFT. 
However, these procedural requirements shall not prevent GAFT from proceeding with th e 
investigation within the set time limits.  
 G/ADP/Q1/SAU/8 • G/SCM/Q1/SAU/8 • G/SG/Q1/SAU/10  
 
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  Question 18  
 
Article 40 of the Regulations describes the Authority's refund review policy. Explain 
whether the domestic complainant industry can request a review to demonstrate that the 
dumping margin over a given period of review exceeded the duties paid in that period. 
Moreover, discuss whether importers must pay additional duties if the Authority 
determines through a refund review that the dumping margin exceeded duties paid in the 
period of review.  
 
Reply : 
 
- According to Article 40 of the Regulation, only the importer or its representative(s) can request 
a refund review. The domestic industry may request an interim review pursuant to Article 36 
of the Regulation to seek a re -evaluation of the dumping margin an d/or injury.  
- According to Article 40 of the Regulation, further to a refund review, if it is established that 
the duties imposed exceeded the margin of dumping, the difference shall be refunded for the 
period of review. As explained above in response to  question 2, according to Article 40.5 of 
the Regulation, the level of the anti -dumping duty may be adjusted if the Authority has found, 
in a refund review conducted simultaneously with an interim review, that the dumping margin 
has changed.  
 
__________