G/ADP/N/1/SAU/2/Suppl.3  
G/SCM/N/1/SAU/2/Suppl.3  
G/SG/N/1/SAU/2/Suppl.3  
 
15 May 2023 
(23-3389) Page: 1/35 
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  
KINGDOM OF  SAUDI ARABIA 
Supplement  
The following communication, dated  and received on 26  April 2023, is being ci rculated at the 
request of the delegation of the Kingdom of Saudi Arabia.  
 
_______________  
 
 
The Government of the Kingdom of Saudi Arabia hereby notifies the Committee on Anti -Dumping 
Practices, the Committee on Subsidies and Countervailing Measures, and the Committee on 
Safeguards, in accordance with Article 18.5 of the Agreement on the Implementation of Article  VI 
of the GATT 1994, Article 32.6 of the Agreement on Subsidies and Countervailing Measures, and 
Article  12.6 of the Agreement on Safeguards respectively , it’s the Executive Regulation (the 
"Regulation ") issued by the Decision of the Board of Directors of the General Authority of Foreign 
Trade ( "GAFT ") No. (55), on 09/08/1444 H, corresponding to 01/03/2023 G . 
The Regulation is authen tic only in Arabic language and is available in full text on GAFT 's website: 
https://gaft.gov.sa/ar/knowledge -center/regulations/pages/default.aspx . 
The attached English translation of the Regulation is non-official and for reference only by WTO 
Members.  
 
_______________  
 
 
 G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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The Kingdom of Saudi Arabia  
 
 
The Executive Regulation of  
The Law of Trade Remedies in International Trade  
 
Issued by the decision of GAFT Board of Directors No. 55 on  
 
9/8/1444 H corresponding to 1/3/2023 D  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1444 H /2023 D  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  Table of Contents  
CHAPTER  I – GENERAL  PROVISIONS  ................................ ................................ ................  5 
ARTICLE ONE: ................................ ................................ ................................ .....................  5 
ARTICLE TWO: ................................ ................................ ................................ .....................  6 
CHAPTER  II – THE  COMPLAINT  ................................ ................................ .........................  6 
ARTICLE THREE: ................................ ................................ ................................ ...................  6 
ARTICLE FOUR: ................................ ................................ ................................ ....................  6 
ARTICLE FIVE: ................................ ................................ ................................ .....................  7 
ARTICLE SIX: ................................ ................................ ................................ ......................  8 
ARTICLE SEVEN: ................................ ................................ ................................ ...................  9 
CHAPTER  III – PROCEDURES  OF ANTI -DUMPING,  COUNTERVAILING  MEASURES  & 
SAFEGUARD  INVESTIGATIONS  ................................ ................................ .........................  9 
ARTICLE EIGHT: ................................ ................................ ................................ ...................  9 
ARTICLE NINE: ................................ ................................ ................................ ...................  10 
ARTICLE TEN: ................................ ................................ ................................ .....................  11 
ARTICLE ELEVEN: ................................ ................................ ................................ .................  12 
CHAPTER  IV – TREATMENT  OF CONFIDENTIAL  INFORMATION  ................................ ........  12 
ARTICLE TWELVE : ................................ ................................ ................................ ................  12 
CHAPTER  V – DETERMINATION  OF DUMPING  ................................ ................................ .. 13 
ARTICLE THIRTEEN : ................................ ................................ ................................ ..............  13 
ARTICLE FOURTEEN : ................................ ................................ ................................ .............  13 
ARTICLE  FIFTEEN : ................................ ................................ ................................ ................  14 
ARTICLE  SIXTEEN : ................................ ................................ ................................ ...............  15 
ARTICLE  SEVENTEEN : ................................ ................................ ................................ ............  15 
CHAPTER  VI – DETERMINATION  OF THE  AMOUNT  OF THE  SPECIFIC  SUBSIDY  .................  15 
ARTICLE EIGHTEEN : ................................ ................................ ................................ ..............  15 
ARTICLE NINETEEN : ................................ ................................ ................................ ..............  16 
CHAPTER  VII – DETERMINATION  OF INJURY  ................................ ................................ .. 17 
ARTICLE TWENTY : ................................ ................................ ................................ ................  17 
ARTICLE TWENTY -ONE: ................................ ................................ ................................ ..........  17 
ARTICLE TWENTY -TWO: ................................ ................................ ................................ .........  17 
ARTICLE TWENTY -THREE: ................................ ................................ ................................ ....... 17 
ARTICLE TWENTY -FOUR: ................................ ................................ ................................ ........  18 
ARTICLE TWENTY -FIVE: ................................ ................................ ................................ .........  18 
CHAPTER  VIII  – DETERMINATION  OF THE  INCREASE  IN IMPORTS  AND  SERIOUS  
INJURY  OR THREAT  THEREOF  ................................ ................................ .........................  19 
ARTICLE TWENTY -SIX: ................................ ................................ ................................ ..........  19 
ARTICLE TWENTY -SEVEN: ................................ ................................ ................................ ....... 19 
ARTICLE TWENTY -EIGHT: ................................ ................................ ................................ ....... 20 
CHAPTE R IX – SAMPLING  ................................ ................................ ...............................  20 
ARTICLE TWENTY -NINE: ................................ ................................ ................................ .........  20 
ARTICLE THIRTY: ................................ ................................ ................................ .................  20 
CHAPTER  X – ANTI -DUMPING,  COUNTERVAILING  MEASURES  AND  PRICE  
UNDERTAKINGS  ................................ ................................ ................................ .............  21 
ARTICLE THIRTY-ONE: ................................ ................................ ................................ ...........  21 
ARTICLE THIRTY-TWO: ................................ ................................ ................................ ..........  21 
ARTICLE THIRTY-THREE: ................................ ................................ ................................ ........  22 
CHAPTER  XI – SAFEGUARD  MEASURES  ................................ ................................ ...........  23 
ARTICLE THIRTY-FOUR: ................................ ................................ ................................ .........  23 
ARTICLE THIRTY-FIVE: ................................ ................................ ................................ ..........  23 
CHAPTER  XII – REVIEW  OF MEASURES  ................................ ................................ ...........  24 
ARTICLE THIRTY-SIX: ................................ ................................ ................................ ...........  24 
ARTICLE THIRTY SEVEN: ................................ ................................ ................................ .........  24 
ARTICLE THIRTY EIGHT: ................................ ................................ ................................ .........  25 G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  ARTICLE THIRTY NINE: ................................ ................................ ................................ ..........  25 
ARTICLE FORTY: ................................ ................................ ................................ ..................  26 
ARTICLE FORTY ONE: ................................ ................................ ................................ ............  27 
ARTICLE FORTY TWO: ................................ ................................ ................................ ............  28 
CHAPTER  XIII  – PUBLIC  INTEREST  INFORMATION  ................................ .........................  28 
ARTICLE FORTY THREE: ................................ ................................ ................................ ..........  28 
ARTICLE FORTY FOUR: ................................ ................................ ................................ ...........  29 
ARTICLE FORTY FIVE: ................................ ................................ ................................ ............  29 
CHAPTER  XIV  – USE  OF BEST  INFORMATION  AVAILABLE  ................................ ................  30 
ARTICLE FORTY SIX: ................................ ................................ ................................ .............  30 
ARTICLE FORTY SEVEN:................................ ................................ ................................ ..........  30 
ARTICLE FORTY EIGHT: ................................ ................................ ................................ ..........  30 
ARTICLE FORTY NINE: ................................ ................................ ................................ ...........  31 
ARTICLE FIFTY: ................................ ................................ ................................ ...................  31 
CHAPTER  XV ON-THE-SPOT  VERIFICATION  VISITS  ................................ .........................  31 
ARTICLE FIFTY ONE: ................................ ................................ ................................ .............  31 
ARTICLE FIFTY TWO: ................................ ................................ ................................ .............  32 
ARTICLE FIFTY THREE: ................................ ................................ ................................ ...........  32 
CHAPTER  XVI  – CONSULTATIONS  IN SAFEGUARDS  INVESTIGATIONS  & 
NOTIFICATIONS  TO THE  WTO  COMMITTEE  ON SAFEGUARDS  ................................ ..........  32 
ARTICLE FIFTY FOUR: ................................ ................................ ................................ ............  32 
ARTICLE FIFTY FIVE: ................................ ................................ ................................ .............  33 
ARTICLE FIFTY SIX: ................................ ................................ ................................ ..............  33 
ARTICLE FIFTY SEVEN ................................ ................................ ................................ ............  33 
ARTICLE FIFTY EIGHT ................................ ................................ ................................ ............  33 
CHAPTER  XVII  – FINAL  PROVISIONS  ................................ ................................ ..............  33 
ARTICLE FIFTY NINE: ................................ ................................ ................................ ............  33 
ARTICLE SIXTY: ................................ ................................ ................................ ..................  34 
ARTICLE SIXTY ONE: ................................ ................................ ................................ .............  34 
ARTICLE SIXTY TWO: ................................ ................................ ................................ ............  34 
ARTICLE SIXTY THREE: ................................ ................................ ................................ ..........  35 
ARTICLE SIXTY FOUR: ................................ ................................ ................................ ...........  35 G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  The Executive Regulation of the Law o f Trade Remedies in International Trade  
CHAPTER I – GENERAL PROVISIONS  
Article One:  
The meanings of the terms and expressions mentioned in Article 1 of the Law of Trade Remedies in 
International Trade, hereinafter referred to as the "Law", shall apply to the Executive Regulation of 
the Law, hereinafter referred to as "the Regulation ". The  following terms and expressions shall 
have the following meanings wherever stated in the Regulation, unless the context requires 
otherwise:  
− Product Subject to Complaint:  A product that is destined to  the Kingdom, which the 
domestic industry alleges, is be ing imported at dumped prices, or receiving specific subsidy 
or being imported in increased quantities.  
− Complaint Request:  Lodged by the domestic industry or its representative on the 
templates prepared by the Department for the purpose of requesting the r egistration of the 
complaint and the examination of the possibility of initiation of the investigation.  
− Complaint:  The accepted complaint  request by the Department and registered in the 
complaints record.  
− Relation/Related:  Whenever stated in describing the  relationship between parties, it 
means that a party directly or indirectly controls the other party; or both parties are directly 
or indirectly controlled by a third party; or both parties together directly or indirectly control 
a third party. The status of control is deemed to exist, when a party has legal or operational 
power to exercise restraint or direction over the other party.  
− Questionnaires: Templates of questions prepared by the Department to be available to the 
interested parties based on the ty pe of each interested party involved in the investigation or 
the review, and based on the type of the investigation or the review. The interested parties 
provide the responses and the necessary information by using these templates for 
conducting the invest igation or the review.   
− Public File:  The file that is available to the interested parties, which contains the 
non-confidential information, the non -confidential summaries of the confidential information 
presented by the interested parties in the investigat ion or the review, and the non -
confidential information and reports used or issued by the Authority in concluding its 
findings.  
− Complainant Industry/Complainant: The domestic industry, its representative, or part 
thereof that represents the domestic indust ry in the complaint in accordance to the 
representation requirements provided in paragraph 1 of Article 4 of the Regulation.  
− Preliminary or Final Findings: Facts, findings and recommendations concluded by the 
Department, based on the examination and verifi cation of the information obtained or used 
during the investigation or the review, all of which are to be provided in the preliminary or 
final report approved by the Governor.  
− Newly Established Domestic Industry:  An industry producing a new product that wa s 
not produced in the Kingdom or was not produced in a commercially stable manner.  
− New Product:  Entirely new product in the Kingdom, or a product that is significantly 
developed or entirely transformed as to be substantially distinguished from the existing  
product in the Kingdom.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  Article Two:  
The Regulation aims to define and regulate the provisions necessary for the Authority to perform 
its duties and responsibilities in terms of, lodging complaints requests, lodging requests for 
reviews, conducting investigations and reviews, and other provisions as referred to by the Law 
issued by the Royal Decree no. M/60 on 29/4/1444 H. In addition, the Regulation governs the 
relevant provisions of trade remedies set forth in the Anti -Dumping Agreement,  the Agreement on 
Subsidies and Countervailing Measures and the Agreement on Safeguards approved by the Royal 
Decree No. M/54 dated 21/9/1426 H regarding the accession of the Kingdom to the WTO.  
CHAPTER II – THE COMPLAINT  
Article Three:  
1. Except as provided in Article 7 of the Regulation, anti -dumping, countervailing or safeguard 
investigations shall not be initiated unless upon the receipt of a complaint by the 
Department.  
2. Upon the submission of a complaint request in accordance with Articles  4 and 5 of the  
Regulation, the Department shall immediately register the complaint in the complaints ' 
record with a specific number. The Department shall issue a decision on the documentary 
acceptance of the complaint request and notify the complainant industry of its d ecision.  
Article Four:  
1. A properly documented complaint  request shall not be accepted from the complainant 
industry unless such complaint request  is submitted by or on behalf of the domestic 
industry.  For the purposes of accepting the complaint request and initiating the 
investigation, the Department shall determine, on the basis of an examination, the degree of 
support for or opposition to the complaint expressed by domestic producers to the 
Department. The complaint shall be considered to have been made 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 to the  Department either support for or 
opposition to the complaint. However, no investigation shall be initiated when domestic 
producers expressly supporting the complaint account for less than 25 per cent of total 
production of the like product produced in the  Kingdom. In safeguard investigations, the 
Department may not adhere to the portion of representation of the domestic industry 
provided in this paragraph for the purposes of accepting the complaint  request and initiating 
the investigation.  
2. The complainant industry shall submit to the Authority an authenticated   document in 
accordance with the laws and regulations applied in the Kingdom to assign therein its 
representative or those acting on its behalf in submitting the complaint request and during 
the course  of investigation. Through this document, the complainant industry shall grant 
authorization of powers to its representatives or to those acting on its behalf to submit and 
receive confidential and non -confidential information from the Authority, and to re present 
the complainant industry in receiving all notices and notifications, and in any other 
procedures and requirements regarding the acceptance of the complaint and the 
investigation.  
3. The complainant industry shall submit to the Authority an authenticat ed  letter in accordance 
with the laws and regulations applied in the Kingdom, in which the complainant industry and 
its representatives or those acting on its behalf undertake the responsibility of the accuracy 
of the information provided to the Authority throughout the complaint and the investigation. 
They shall undertake that the information provided in the complaint  request and during the 
course of investigation is accurate and adequate information as is properly   available thereto. 
Additionally, they shall undertake that, according to their knowledge, such information shall 
never include incorrect information intended to prejudice the interests of any other party in 
the complaint or the investigation and to acknowl edge the penal consequences of violating G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  this undertaking according to the relevant Laws of the Kingdom. The complainant industry 
and its representatives shall undertake to allow the Authority to maintain the information 
submitted in the complaint and duri ng the course of investigation for a period that the 
Authority deems appropriate which shall not be less than the period of the imposition of the 
measures. Such information shall include that submitted in soft and hard copies, confidential 
and non -confiden tial information, and originals and non -originals.  
4. For the purposes of accepting a complaint  request and initiating the anti -dumping or 
countervailing measures investigations, and in order to determine the domestic industry, the 
Department may exclude the  producers of the like product that are proven to be related to 
the exporters 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, 
provided t hat, there are grounds for believing or suspecting that the effect of the 
relationship is such as to cause the related domestic producer concerned to behave 
differently from unrelated domestic producers.  
Article Five:  
1. For the purposes of accepting a pro perly documented complaint request, the complaint 
request shall include evidence of dumping or specific subsidy, and evidence of injury and a 
causal link. As for safeguard measures, a complaint request shall include evidence of 
increase in imports, serious  injury or threat thereof and evidence of causal link thereof.  
2. The complaint request shall contain all information requested by the Department as is 
reasonably available to the complainant, including the following information:  
a. The identity of the complainant and a description of the volume and value of the 
domestic production of the like product by the complainant as part of the whole 
production of the Kingdom, including a list of all participating domestic producers in 
the complaint request and th e volume and value of the production accounted for by 
each producer. The complaint shall contain, to the extent possible, a list of other 
known domestic producers of the like product in the Kingdom and a description of the 
volume and value of domestic prod uction accounted for by each producer of the like 
product.  
b. A complete description of the allegedly dumped product subject to the complaint, or 
the product receiving a specific subsidy or the product being imported in increased 
quantities.  
c. The complaint req uest for anti -dumping and countervailing measures shall include the 
names of the countries/country of origin or export of the product subject to the 
complaint to the Kingdom, and the volume and value of the imports of each country of 
the product in questio n to the Kingdom. The complainant shall provide a list of known 
exporters or foreign producers, and a list of known importers of the product subject to 
the complaint. The complaint for safeguard measures shall include a detailed list of 
imports of the prod uct in question.  
d. In the complaint request for anti -dumping measures, the complainant shall include 
information on prices at which the product subject to the complaint is sold when 
destined for consumption in the domestic markets of the country or the count ries of 
origin or export, or available information on the prices at which the product in 
question is sold from the country or countries of origin or export to a third country or 
countries, or information on the constructed value of the product subject to t he 
complaint in the domestic market of  the country or countries of origin or export. The 
complainant shall provide export prices of such country or countries of the product in 
question to the Kingdom. Where appropriate, the complainant shall provide prices  at 
which the product is sold to the first independent buyer in the Kingdom. As for the 
complaint for countervailing measures, the complainant shall include evidence on the 
existence, nature and amount of subsidy in the country or countries of origin or 
export.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  e. The complainant shall provide information on the development of the volume of 
imports of the product subject to the complaint, the effect of these imports on prices 
of the like product in the domestic market of the Kingdom, and its effect on the 
domestic industry as demonstrated by relevant factors and indices having a bearing 
on the state of domestic industry, such as those listed in Chapters VII and VIII of the 
Regulation depending on the nature of the complaint.  
3. If the complaint request contain s confidential information, the complainant shall provide a 
confidential and non -confidential version of the complaint request pursuant to Chapter  IV of 
the Regulation.  
Article Six:  
1. Within a period not exceeding 45 days from the date of accepting and regis tering the 
complaint request, the Department shall examine the accuracy and adequacy of the 
evidence provided in the complaint, to determine whether there is sufficient evidence to 
justify the initiation of an investigation and the Department shall take a decision about the 
complaint on that basis.  
2. The Department shall examine the evidence provided in the complaint on the existence of 
dumping or specific subsidy and injury simultaneously to determine a recommendation of 
initiation of an investigation or rej ection of the complaint.  
3. The Department shall, upon concluding the existence of sufficient evidence justifying the 
initiation of investigation, submit a report to the Governor, recommending the initiation of 
an investigation.  
4. The Authority shall notify the  governments of the countries concerned with the receipt of a 
properly documented complaint, following the acceptance by the Department of the 
anti-dumping or countervailing measures complaint and registration thereof and prior to the 
decision of the Gover nor to initiate the investigation.  
5. In countervailing measures investigations, the Authority shall, pursuant to the notification 
aforementioned in paragraph 4 of this Article, invite governments of countries concerned for 
consultations with the aim of clari fying the allegations mentioned in the complaint in an 
attempt to arrive at a mutually acceptable solution for parties participating in the 
consultations. The Authority shall provide timely opportunities for governments of countries 
concerned to conduct co nsultations and have access to non -confidential information related 
to the allegations, whether prior to taking the decision of initiating the investigation or 
during the course of investigation, or prior to taking preliminary or final determinations, with  
the aim to arrive at a mutually acceptable solution. The availability of consultations is not 
intended to prevent the Authority from proceeding expeditiously with regard to initiating the 
investigation, reaching preliminary or final determinations or appl ying provisional or final 
measures, in accordance with the provisions of the Law and the Regulation.  
6. When concluding the absence of sufficient evidence to justify the initiation of the 
investigation, the Department shall issue a reasoned decision of rejection of the complaint, 
and shall cancel the complaint from the records. The Department shall notify the 
complainant with its reasoned decision of rejection.  
7. The complaint shall be rejected or the investigation shall be terminated for an exporting 
country when its volume of actual or potential dumped imports destined to the Kingdom or 
imports receiving specific subsidy of the product subject to the complaint accounts for less 
than 3 per cent of total imports into the Kingdom of such product, unless the total 
percentage of exporting countries concerned – which individually account for less than 
3 per cent of the imports – collectively account for more than 7 per cent of total imports into 
the Kingdom of such product. The complaint shall be rejected or the  investigation shall be 
terminated for an exporting country when the margin of dumping is less than 2 per cent or 
the amount of subsidy is less than 1 per cent ad valorem , or when the amount of injury from 
such country is negligible.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  8. The Authority shall av oid, unless a decision has been made by the Governor to initiate an 
investigation, any public notice  of receiving a complaint.  
9. The complainant or its representative may withdraw a complaint request prior to the 
decision of the initiation of an investigatio n. The domestic industry or its representative may 
request the termination of the investigation prior to the approval of the Governor of the final 
findings of the investigation. In such cases, the complaint may, upon a decision by the  
Governor, be withdraw n and cancelled from the Department records or the investigation 
may be terminated. In case where provisional measures were imposed, the Chairperson 
shall issue the decision of termination.  
Article Seven:  
In special circumstances, the Department  may raise recommendations to the Governor to initiate 
an investigation without having received a written complaint request from a domestic industry, 
provided that the Department has sufficient evidence of the existence of dumping or specific 
subsidy, and has evidenc e on the existence of  injury and a causal link, or evidence on the 
existence of increase in imports, serious injury or threat thereof and evidence of causal link 
thereof in accordance with the provisions of Article 5 of the Regulation to justify the initia tion of an 
investigation.  
CHAPTER III – PROCEDURES OF ANTI -DUMPING, COUNTERVAILING MEASURES & 
SAFEGUARD INVESTIGATIONS  
Article Eight:  
1. Within a period not exceeding 15  days from the date of the recommendation made by the 
Department to initiate investigation, the Governor shall make a decision concerning the 
initiation of an investigation. In case the Governor decides not to initiate the investigation, 
the complainant industry shall be notified with a reasoned decision of the Governor.  
2. In case th e Governor decides to initiate an investigation pursuant to paragraphs  3 and 4 of 
Article  16 of the Law, the Authority shall publish a public notice in the Official Gazette. The 
Authority shall, in anti -dumping and countervailing measures investigations, n otify the 
governments of the countries concerned exporting the product in question as well as 
interested parties known to the Authority, of the initiation of investigation. In safeguard 
measures investigations, the Authority shall notify the WTO  Committee on Safeguards of the 
initiation of investigation in accordance with Article  54 of the Regulation. The public notice 
and the notification shall include the following information, or the Authority shall make such 
information available in a separate report:  
a. name of the exporting country/countries involved in anti -dumping and countervailing 
measures  investigations as well as the identity of the product under investigation;  
b. date of initiation of the investigation and determination of the period of investigation;  
c. basis provided by the complainant about the allegation of the existence of dumping or 
specific subsidy or existence of increase in imports ; 
d. a summary of the factors on which the allegation of injury or serious injury or threat 
thereof is based;  
e. contact information of the Authority so as to enable interested parties and public 
interest persons to communicate with the Authority;  
f. information on how interested parties may receive questionnaires;  
g. conditions and time -limits allowed to interested partie s for making themselves known 
as interested parties, to provide views and information in writing, and to provide 
written responses to questionnaires;  
h. time-limits granted to interested parties to register in a public hearing;  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  i. conditions and time -limits allo wed to public interest persons for making themselves 
known as public interest persons and to provide views and information thereof in 
writing.  
3. Upon initiation of anti -dumping and countervailing measures investigations, the Authority 
shall make available th e full text of the non -confidential version of the registered complaint 
to the governments of the concerned exporting countries and to the concerned exporters 
and producers known to the Authority. The Authority shall, upon request, provide a 
non-confidenti al version to other interested parties. Where the number of the concerned 
exporters and producers involved is particularly high, the Authority may provide the 
non-confidential version of the registered complaint to the governments of the exporting 
countrie s or to the relevant trade associations of exporters and producers. In safeguard 
measures investigations, the Authority may provide the full text of the non -confidential 
version of the complaint or make available a non -confidential report containing substa ntial 
information on which the determination of initiation of the investigation was based, allowing 
interested parties to defend their interest.  
4. Upon initiation of an investigation without receipt of a complaint in accordance with Article  7 
of the Regulat ion, the Authority shall provide in the public notice or in the notification 
information and justifications justifying the initiation of investigation, or shall make such 
information available in a separate report in accordance with paragraph  2 of this Art icle.  
5. The Authority shall grant interested parties an opportunity to make comments and express 
views on the complaint and the notice of initiation of investigation within the time limits 
allowed in accordance with paragraph  3 of Article  9 of the Regulatio n. 
Article Nine:  
1. The Authority shall grant interested parties a period of 15  days as of the date of the notice 
of initiation of investigation to register themselves as interested parties based on the 
requirements specified by the Authority in the public no tice.  
2. The Authority shall make questionnaires available to interested parties. The Authority, shall 
specify, in the questionnaires or in public notices the technical requirements for information 
and documents provided by interested parties to the Departme nt. 
3. The Authority shall grant interested parties at least a period of 37  days to respond to 
questionnaires from the date of sending to interested parties, from the date of sending to 
governments of concerned countries, or from the date of making questionna ires available. 
Upon a reasoned written request submitted by interested parties to the Department, the 
Department may, at its discretion and if applicable, accept the extension of such period by 
virtue of a written approval for a period not exceeding 10  days. The Department shall 
receive the request for extension from the interested parties prior to the lapse of the last 
5 days of the original period. The Department may, at its discretion, and whenever 
necessary, grant extensions exceeding the original peri ods, provided that such extension are 
granted to all interested parties in the investigation.  
4. Subject to the requirements on the protection of confidential information, the Department 
shall maintain in the public file the evidence, views, and responses sub mitted by any 
interested party and shall make such information available to other interested parties. The 
Department shall grant interested parties at least 3 days to comment on the evidence, views 
and responses as of the date of their availability in the public file.  
5. The Department shall whenever practicable provide timely opportunities to interested 
parties, upon written request, to have access to non -confidential information in the public 
file during the course of investigation.  
6. The Department shall prov ide full opportunity to interested parties to defend their interests 
and submit their views. In safeguard measures investigations, the Department shall provide 
full opportunity to interested parties to submit views as to whether or not the application of 
a safeguard measure would be in the public interest.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  7. The Department shall allow interested parties, who filed written request within the specified 
period set by the Authority for hearing registration, to participate in the hearing, or to make 
any other appr opriate arrangements with the aim to presenting views and arguments to 
other interested parties, to discuss conflicting views subject to the requirements of the 
protection of the confidential information. The Department shall not take into consideration 
any oral information submitted during the hearing, unless the interested party submits the 
information in writing, within a period not exceeding 7  days as of the date of the hearing. 
The interested party shall submit non -confidential and confidential informa tion versions, in 
the event such information contains confidential information. The Department shall make 
this information available to other interested parties in the public file in accordance with 
paragraph  4 of this Article.  
8. An interested party shall su bmit to the Authority an authenticated document in accordance 
with the laws and regulations applied in the Kingdom, to assign therein its representatives or 
those acting on its behalf during the course of investigation. Through this document, an 
interested  party shall grant authorization of powers to its representatives or to those acting 
on its behalf to submit and receive confidential and non -confidential information from the 
Authority, and to represent the interested party in receiving notices, notificat ions and any 
other procedures and requirements of the investigation.  
9. An interested party shall submit to the Authority an authenticated letter in accordance with 
the laws and regulations applied in the Kingdom, in which the interested party and its 
representatives or those acting on its behalf undertake the responsibility for the accuracy of 
the information provided during the course of investigation. They shall undertake that the 
information provided is accurate and adequate information as is proper ly available to them. 
Additionally, they shall undertake that, according to their knowledge, such information shall 
never include incorrect information intended to prejudice the interests of any other party 
and acknowledge the penal consequences of violati ng this undertaking according to the 
relevant laws and regulations of the Kingdom. The interested party and its representatives 
shall undertake to allow the Authority to maintain the information submitted during the 
course of investigation for the period t hat the Authority deems appropriate which shall not 
be less than the period of the imposition of measures. Such information shall include that 
submitted in soft and hard copies, confidential and non -confidential information, and 
originals or non -originals.  
Article Ten:  
1. During the course of the investigation, the Department shall examine evidence of the 
existence of dumping or specific subsidy and injury simultaneously to conclude thereon.  
2. Except as provided in the provisions of paragraph 7 of this Article,  the Department shall 
verify the accuracy and adequacy of information submitted by interested parties that the 
Authority used to conclude determinations.  
3. In anti -dumping and countervailing measures investigations and upon the imposition of 
provisional meas ures in accordance with paragraph 1 of Article 9 of the Law, the Authority 
shall notify the interested parties of preliminary determinations of investigation or make 
available such determinations. The Authority shall grant interested parties a timely perio d of 
not less than 7 days as of date of availability to comment thereon. Upon the imposition of 
provisional safeguard measures in accordance with paragraph 2 of Article 9 of the Law, the 
Authority shall notify the WTO Committee on Safeguards pursuant to Ar ticle 56 of the 
Regulation, specifying therein the period provided to interested parties to comment.  
4. For the purpose of verifying information or obtaining further details, the Department may 
carry out on -the-spot verification visits either in the Kingdom or in countries of interested 
parties or other countries, in accordance with the provisions of Chapter  XV of the Regulation. 
The Department shall make conclusions on the verification visit available to the interested 
party pursuant to Paragraph  5 of this Article and subject to the requirements of the 
protection of confidential information . G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  5. In anti -dumping and countervailing measures investigations, the Department shall notify 
interested parties of the essential facts the Authority relies on in concl uding definitive 
determinations. The Department shall provide interested parties a timely period of not less 
than 7  days to comment thereon with the aim of defending their interests. Consequently, 
the Department shall prepare definitive conclusions and rec ommendations.  When the 
Governor approves the definitive conclusions and recommendations, the Governor shall raise 
such information to the Chairperson to make a final decision. In safeguard measures 
investigations, the Authority shall notify the WTO Committ ee on Safeguards on the definitive 
conclusions and recommendations approved by the Governor to impose safeguard measures 
by virtue of paragraph 2 of Article 54 of the Regulation, specifying therein the period to 
comment provided to interested parties. Cons equently, the Governor shall raise the 
definitive conclusions and recommendations to the Chairperson. The Authority shall notify 
the WTO Committee on Safeguards of the decision of the Chairperson pursuant to 
paragraph  1 of Article 54 of the Regulation.  
6. Pursuant to paragraphs  2 and 3 of Article  16 of the Law, the Authority shall publish the 
decisions issued by the Governor or the Chairperson within a period not exceeding 5  days as 
from the date of issuance.  
7. In cases in which any interested party refuses to o r delays the provision of the necessary 
information, refuses to allow the Department to verify such information, or the government 
of an interested party refuses to allow the Department to verify such information, within a 
reasonable period of time or sign ificantly impedes the investigation; the Authority may issue 
preliminary or final affirmative or negative findings on the basis of the information available, 
in accordance with the requirements provided for in Chapter XIV of the Regulation.  
Article Eleven:  
The procedures set out in this Chapter are not intended to prevent the Authority from proceeding 
with regard to initiating an investigation, reaching preliminary or final determinations, whether 
affirmative or negative, or from applying provisional or fin al measures within the time limits 
specified in the Law, as long as the conclusions reached by the Authority are in accordance with 
the relevant provisions of the Law and the Regulation.  
CHAPTER IV – TREATMENT OF CONFIDENTIAL INFORMATION  
Article Twelve:  
1. Pursuant to Chapter  IX of the Law, the Authority shall consider information submitted as 
confidential, if provided accompanied with a written request specifying the confidential 
information therein, or denoting such information with a clear marking identifyi ng 
confidential information in the following cases:  
a. The information is by nature confidential, for example; because its disclosure would be 
of significant competitive advantage to a competitor; or because disclosure would 
have a significantly adverse effect upon a person supplying the information or upon a 
person from whom that person acquired the information.  
b. The information is provided on a confidential basis, upon written good cause shown, 
justifying treating such information as confidential . 
2. In all events, parties providing confidential information shall provide written reasons 
justifying the treatment of such information as confidential, as well as identify reasons for 
confidentiality for each relevant group of information claimed to be con fidential, and furnish 
non-confidential summaries thereof. These summaries shall be in sufficient detail to permit a 
reasonable understanding of the substance of the information submitted in confidence. In 
exceptional circumstances, such parties may indica te that such information is not 
susceptible of summary, and may not provide a summary, but a statement of the reasons 
why summarization is not possible must be provided.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  3. The Authority may disregard confidential information during the course of an investiga tion 
and may not rely on it, if the Authority finds that a request for confidentiality is not 
warranted, or if it not convinced with the justifications of not providing a summary of the 
confidential information in sufficient detail to permit a reasonable u nderstanding of the 
substance thereof, provided that, the supplier of the information refuses the use by the 
Authority of such information in public, or refuses to authorize in writing the Authority to 
disclose such information in generalized or summary fo rm. The Authority, nevertheless, may 
rely on such information in the investigation if can be demonstrated to its satisfaction from 
appropriate sources that the information is correct and reliable.  
CHAPTER V – DETERMINATION OF DUMPING  
Article Thirteen:  
1. A product is to be considered as being dumped, if the export price of the product exported 
to the Kingdom is less than the normal value for the like product, in the ordinary course of 
trade, when destined for consumption in the exporting country.  
2. The exporting country is normally the country of origin. The exporting country may be an 
intermediate country to the country of origin exporting the product under investigation to 
the Kingdom. For the determination of dumping, prices of the like product i n the exporting 
country shall be used. However, the price of the like product in the country of origin shall be 
used if, for example, the product under investigation is merely transshipped  through the 
country of export, or such products are not produced in  the country of export, or there is no 
comparable price for the product under investigation in the country of export.  
Article Fourteen : 
1. The normal value shall normally be determined on the basis of the price paid or payable in 
the ordinary course of trade for the like product in the exporting country. The determination 
of the normal value normally relies on sales of the like product destined for consumption in 
the exporting country.  
2. In the determination of the normal value, the Department may not rely on pr ices between 
related parties, or if there are compensatory arrangements between parties. Such prices 
shall be considered not in the ordinary course of trade unless the parties establish that being 
related has no effect on prices.  
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 do not permit a proper comparison 
because of the particular market situation or because of an insufficient volume of the sales 
in the dome stic market of the exporting country, the normal value of the like product shall 
be determined on the basis of cost of production in the country of origin plus a reasonable 
amounts or margins for profits, general, administrative and selling costs, or it sh all be 
determined on the basis of export price of the like product in the ordinary course of trade 
when exported to an appropriate third country, provided that such price is representative.  
4. For the purpose of paragraph  3 of this Article, sales shall normal ly be considered of a 
sufficient quantity if such sales constitute 5 per cent or more of the total sales of the product 
under investigation destined for the Kingdom. The Department may rely on a lower ratio 
where the evidence demonstrates that domestic sal es at such lower ratio are nonetheless of 
sufficient magnitude to provide for a proper comparison.  
5. Sales of the like product in the domestic market of the exporting country or export sales of 
the like product to a third country may be treated as not being in the ordinary course of 
trade by reason of price, if such sales are made at prices below per unit (fixed and variable) 
costs of production plus administrative, selling and general costs. Such sales may be 
disregarded in determining normal value, provided  that such sales are made within an 
extended period of time in substantial quantities and are at prices which do not provide for 
the recovery of all costs within a reasonable period of time.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  Prices of such sales shall be considered to provide for recovery of all costs within a 
reasonable period of time, if such prices which are below per -unit cost at the time of sale are 
above weighted average per unit costs for the period of investigation.  
Sales below per -unit cost shall be considered as being mad e within an extended period of 
time when they occur within a period of one year and in no case less than 6  months. Such 
sales shall be considered as being made in substantial quantities during such period when 
the weighted average selling price for sales u sed to determine normal value is below the 
weighted average per -unit cost, or that the volume of sales below per -unit cost represents 
not less than 20 per cent of the sales used for the determination of the normal value.  
6. For the purpose of paragraph 3 of t his Article, costs shall normally be calculated on the basis 
of records kept by the exporter or producer under investigation, provided that such records 
are in accordance with the generally accepted accounting principles of the producing or 
exporting count ry, and provided that such information reasonably reflects the costs 
associated with the production and sale of the product under investigation.  
The Department shall consider all available evidence on the proper allocation of costs, 
including that which is  made available by the producer or exporter in the course of the 
investigation, provided that such allocations have been historically utilized by the exporter or 
producer, in particular in relation to establishing appropriate amortization and depreciation 
periods and allowances for capital expenditures and other development costs. If cost 
allocations have not been already reflected in the information as specified under this 
paragraph, costs shall be adjusted appropriately for those non -recurring items of co st, which 
benefit future and/or current production, or for circumstances in which costs during the 
period of investigation are affected by start -up operations. The adjustment made for 
start-up operations shall reflect the costs at the end of the start -up period or, if that period 
extends beyond the period of investigation, the most recent costs which can be taken into 
account by the Department during the period of the investigation.  
7. For the purpose of paragraph 3 of this Article, the amounts for general, ad ministrative, and 
selling costs and profits shall be based on actual data pertaining to production and sales in 
the ordinary course of trade of the like product by the producer or exporter under 
investigation. When such amounts or margins cannot be determi ned on this basis, the 
amounts and margins may be determined on the basis of:  
a. the actual amounts  or margins incurred and realized by the producer or exporter in 
question in respect of production and sales in the domestic market of the country of 
origin of the same general category of products;  
b. the weighted average of the actual amounts or margins incurred and realized by other 
exporters or producers under investigation in respect of production and sales of the 
like product in the domestic market of the cou ntry of origin;  
c. any other reasonable method, provided that the amount or margin 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 marke t 
of the country of origin.  
Article  Fifteen:  
1. The export price shall normally be determined on the basis of the price actually paid or 
payable for the product under investigation when exported to the Kingdom.  
2. In case where there is no export price or where it appears to the Department 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 on the basis 
of the price at which the importe d products are first resold to an independent buyer, or if the 
imported products are not resold to an independent buyer, or not resold in the condition as 
imported, on such reasonable basis as the Department may determine.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  Article  Sixteen:  
1. The Department s hall 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, and in respect of sales made at as nearly as possible the same time. Due allowance 
shall be made in each case, on its merits, for differences which affect price comparability, 
including differences in conditions and terms of sale, taxation, levels of trade, quantities, 
physical characteristics, and any other differences which are also demonstr ated to affect 
price comparability, taking into account not to duplicate adjustments that have been already 
made under this paragraph.  
For purposes of paragraph  2 of Article 15 of the Regulation, allowances for costs, including 
duties and taxes, incurred b etween importation and resale, and for profits accruing, should 
also be made. If in these cases price comparability has been affected, the Department shall 
establish the normal value at a level of trade equivalent to the level of trade of the 
constructed e xport price, or shall make due allowance as warranted under this paragraph.  
The Department shall indicate to the interested parties what information is necessary to 
ensure a fair comparison and shall not impose an unreasonable burden of proof on those 
parties.  
2. When fair comparison requires a conversion of currencies, such conversion should be made 
using the rate of exchange on the date of sale. Normally, the date of sale would be the date 
of contract, purchase order, order confirmation, or invoice  date, or whichever establishes the 
material terms of sale. When a sale of foreign currency on forward markets is directly linked 
to the export sale involved, the rate of exchange in the forward sale shall be used. 
Fluctuations in exchange rates shall be i gnored and in an investigation the Department shall 
allow exporters at least 60  days to have adjusted their export prices to reflect sustained 
movements in exchange rates during the period of investigation.  
Article  Seventeen:  
Subject to the provisions gove rning fair comparison in Article 16 of the Regulation, the existence 
of margins of dumping during the period of investigation shall normally be established on the basis 
of a comparison of a weighted average normal value with a weighted average of export pr ices of 
all comparable export transactions or by a comparison of normal value and export prices on a 
transaction -to-transaction basis. A normal value established on a weighted average basis may be 
compared to prices of individual export transactions if the  Department finds a pattern of export 
prices which differ significantly among different purchasers, regions or time periods, and if an 
explanation is provided as to why such differences cannot be taken into account appropriately by 
the use of a weighted av erage -to-weighted average or transaction -to-transaction comparison.  
CHAPTER VI – DETERMI NATION OF THE AMOUNT OF THE SPECIFIC SUBSIDY  
Article Eighteen:  
1. The amount of specific subsidy shall be determined by calculating the value of the benefit 
conferred to the recipient during the period of investigation.  
2. The amount of specific subsidy shall be determined for each unit of the product under 
investigation destined to the Kingdom. Upon calculation of the amount of specific subsidy, 
the following elements may be deducted from the total amount of the specific subsidy:  
a. expenses associated with  applying to, or obtaining, the specific subsidy;  
b. taxes, duties, or any other expenses associated with the export of the product under 
investigation that counteracts subsidy or removes the effect thereof;  
c. deductions claimed by the interested party provided that sufficient evidence be 
provided of the necessity of their deduction.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  3. For the purpose of calculating the amount of specific subsidy for each unit of the product 
under investigation during the period of investigation, if the specific subsidy is  linked to the 
quantities of export sales, sales, production quantities, or transported quantities, the basis 
for allocation of the amount of benefit is determined based on the quantities linked to it. If 
the specific subsidy is not linked to those quantit ies, the basis for the allocation of the 
amount of benefit is determined based on an appropriate basis according to each case.  
4. If the specific subsidy is linked to the current or future acquisition of fixed assets, the 
amount of benefit shall be calculate d by spreading the subsidy across a depreciation period 
appropriate for this asset, according to the nature of the concerned industry. Due 
consideration shall be taken of the calculation of the remaining amount of the subsidy from 
the value of the asset th at was acquired prior to the period of investigation and the impact 
of the value thereof extended during the period of investigation in accordance with approved 
depreciation rates. Thereupon, the benefit shall be determined and evaluated during the 
period of investigation and the amount of specific subsidy of the product under investigation 
shall be determined in accordance with paragraph 2 of this Article. When the asset is not 
subject to depreciation allocation, the amount of benefit shall be determined a nd evaluated 
as an interest -free loan and shall be handled in accordance with sub -paragraph  (b) of 
Article  19 of the Regulation or based on any other appropriate basis.  
5. When the specific subsidy is not linked to a fixed asset, the amount of the specific su bsidy 
shall be determined based on the benefit conferred during the period of investigation, except 
in cases where justifications are available to justify the allocation over different periods. 
Thereupon, the benefit shall be determined and evaluated durin g the period of investigation 
and the amount of specific subsidy of the product under investigation shall be determined in 
accordance with paragraph  2 of this Article.  
Article Nineteen:  
The following rules shall be applied in calculating the amount of bene fit conferred to the recipient 
of the specific subsidy:  
a. government provision of equity capital shall not be considered as conferring a benefit, 
unless the investment decision can be regarded as inconsistent with the usual 
investment practice of private inv estors in the territory of the producing or exporting 
country, including for the provision of risk capital;  
b. a loan by a government shall not be considered as conferring a benefit, unless there is 
a difference between the amount that the firm receiving the loan pays on the 
government loan and the amount the firm would pay on a comparable commercial 
loan which the firm could actually obtain on the market. In this case, the benefit shall 
be the difference between these two amounts;  
c. a loan guarantee by a govern ment shall not be considered as conferring a benefit, 
unless there is a difference between the amount that the firm receiving the guarantee 
pays on a loan guaranteed by the government and the amount that the firm would 
pay on a comparable commercial loan a bsent the government guarantee. In this case, 
the benefit shall be the difference between these two amounts adjusted for any 
difference in fees;  
d. the provision of goods or services or purchase of goods by a government shall not be 
considered as conferring a  benefit unless the provision is made for less than adequate 
remuneration, or the purchase is made for more than adequate remuneration. The 
adequacy of remuneration shall be determined in relation to prevailing market 
conditions for the goods or services i n question in the country of provision or purchase 
including price, quality, availability, marketability, transportation and other conditions 
of purchase or sale.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  CHAPTER VII – DETERMINATION OF INJURY  
Article Twenty:  
1. A determination of injury shall be based on positive evidence and involve an objective 
examination of both:  
a. the volume of dumped or subsidized imports and the effect thereof on prices of the 
like products in the Kingdom;  
b. the consequent impact of these dumped or subsidized imports on the dom estic 
industry.  
2. With regard to the volume of dumped or subsidized imports, the Department shall consider 
whether there has been a significant increase in these imports, either in absolute terms or 
relative to production or to consumption in the Kingdom. Wi th regard to the effect of the 
subsidized or dumped imports on prices, the Department shall consider whether there has 
been a significant price undercutting by these imports as compared with the price of the like 
product in the Kingdom, or whether the effe cts of such imports is otherwise to depress 
prices to a significant degree or to prevent price increases, which otherwise would have 
occurred to a significant degree.  
No one or several of these factors can necessarily give decisive guidance.  
Article Twenty -One:  
Where a product under investigation has been imported from more than one concerned country in 
the same investigation, the Department may cumulatively assess the effects of such imports from 
the exporting countries only if it determines that:  
a. the marg in of dumping or the amount of subsidy and the volume of imports for each 
country exceeds the level specified in paragraph  7 of Article 6 of the Regulation;  
b. a cumulative assessment of the effects of the imports is appropriate in light of the 
conditions of competition between the imported products and the conditions of the 
competition between the imported products and the like product in the Kingdom.  
Article Twenty -Two:  
The examination of the impact of dumped or subsidized imports on the domestic industry sh all 
include an evaluation of all relevant economic factors and indices having a bearing on the state of 
the industry, including actual and potential decline in sales, profits, output, market share, 
productivity, return on investment, or utilization of capa city; factors affecting domestic prices, the 
magnitude of the dumping margin, actual or potential negative effects on cash flow, inventories, 
employment, wages, growth, ability to raise capital or investments and, in the case of agriculture, 
whether there has been an increased burden on government support programs . 
This list is not exhaustive, nor can one or several of these factors necessarily give decisive 
guidance.  
Article Twenty -Three:  
1. The investigation must demonstrate that the dumped or subsidized imports are, through the 
effects of dumping or subsidy on the factors set forth in paragraph  2 of Article  20 and 
Article  22 of the Regulation, causing injury to the domestic industry. The demonstration 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 available within 
the investigation.  
2. The investigation shall also examine any known factors other than dumped or subsidized 
imports, wh ich at the same time are injuring the domestic industry, and the injuries caused 
by these other factors must not be attributed to the dumped or subsidized imports. Factors 
which may be relevant in this respect include the volume and prices of imports not s old at 
dumped or subsidized prices, contraction in demand, changes in the patterns of G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  consumption, trade restrictive practices, competition between the foreign and domestic 
producers in the Kingdom, developments in technology and the export performance and  
productivity of the domestic industry.  
3. The effect of the dumped or subsidized imports shall be assessed in relation to the domestic 
production of the like product when available data permit the separate identification of that 
production on the basis of su ch criteria as the production process, producers ' sales and 
profits. If such separate identification of that production is not possible, the effects of the 
dumped or subsidized imports shall be assessed by the examination of the production of the 
narrowest  group or range of products, which includes the like product, for which the 
necessary information can be provided.  
Article Twenty -Four:  
A determination of a threat of material injury shall be based on facts and not merely on 
allegations, conjecture or remo te possibility. The change in the circumstances which would create 
a situation in which the dumping, or subsidy would cause injury must be clearly foreseen and 
imminent. In making a determination regarding the existence of a threat of material injury, such  
factors as, inter alia, should be considered:  
a. a significant rate of increase of dumped or subsidized imports destined to the Kingdom 
indicating the likelihood of substantially increased importation;  
b. sufficient freely disposable, or an imminent, substantia l increase in, capacity of the 
exporter indicating the likelihood of substantially increased dumped or subsidized 
exports destined to the Kingdom, taking into account the availability of other export 
markets to absorb additional exports;  
c. whether imports ar e entering at prices that will have a signification depressing or 
suppressing effect on domestic prices, and would likely increase demand for further 
imports;  
d. inventories of the product under investigation;  
e. in a countervailing measures investigation, natu re of the subsidy under investigation 
and the trade effects likely to arise therefrom.  
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 su bsidized exports are 
imminent and that, unless protective action is taken, material injury would occur.  
Article Twenty -Five:  
Determination of the material retardation of a newly established domestic industry shall be based 
on the finding that dumped or sub sidized imports have caused injury to the newly established 
domestic industry by examining the impact of dumped or subsidized imports on the state of the 
newly established domestic industry. The determination shall be based on its available historical 
data during the period of investigation, the targeted production and market plans, and the 
feasibility studies adopted by the newly established domestic industry considering investments in 
the Kingdom. In addition to adhering to the provisions regarding the de termination of injury and 
causal link provided in this Chapter, in considering the state of the newly established domestic 
industry, factors demonstrating the existence of the newly established domestic industry, including 
the following shall be considered : 
a. A determination of whether the newly established domestic industry is producing a 
new product on a commercial basis, and a determination of the production level 
reached by the newly established domestic industry when the investigation begins as 
well as t he time frame for the completion of the stages of the commercial production;  
b. A determination of the new like product, whether it is entirely new product in the 
Kingdom, or a product that is significantly developed or entirely transformed as to be 
substanti ally distinguished from the existing product in the Kingdom;  
c. A determination of whether the new product was not previously produced in the 
Kingdom or it was not produced in a commercially stable manner in the Kingdom;  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  d. A determination of the total market si ze of the Kingdom for the new product, to be 
compared with the actual or targeted sales volume of the newly established domestic 
industry;  
e. A determination of the newly established domestic industry actual or design 
production capacity of the new product an d to what extent it is capable to utilize such 
capacity;  
f. An evaluation of the extent to which the newly established domestic industry has been 
deferred or hindered from reaching stable commercial sales for the new product, or 
the extent to which the newly established industry has deferred or been hindered to 
execute steady production operations for the new product;  
g. An evaluation of to what extent the newly established domestic industry has been 
deferred or hindered from overcoming the start -up phase o r to reach the break -even 
point.  
No one of the factors in this Article by itself can necessarily give decisive guidance but the totality 
of the factors considered must lead to the conclusion that actual or imminent dumped or 
subsidized imports have caused or threaten material retardation of a newly established domestic 
industry.  
CHAPTER VIII – DETERMINATION OF THE INCREASE IN IMPORTS AND SERIOUS INJURY 
OR THREAT THEREOF  
Article Twenty -Six: 
An increase in imports shall be established when it is demonstrated that the imports of the product 
under investigation destined to the Kingdom are supplied in such increased quantities during the 
period of investigation, either in absolute or relative terms to the domestic production of the like 
product.  
Article Twenty -Seven:  
1. In determining whether increased imports have caused or are threatening to cause serious 
injury to the domestic industry, the Department shall examine and evaluate all relevant 
factors of an objective and quantifiable nature having a bear ing on the situation of the 
domestic industry, including the following factors:  
a. the price effect of the product under investigation in the Kingdom on the price of the 
like product;  
b. the rate and amount of the increase in imports of the product under investi gation, in 
absolute or relative terms;  
c. the market share in the Kingdom taken by the increased imports;  
d. changes in the level of sales;  
e. Production;  
f. Capacity utilization;  
g. Profits and losses;  
h. Employment.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  2. In determining threat of serious injury, in addition to examining whether the serious injury 
is one that is clearly imminent according to the factors outlined in paragraph  1 of this 
Article, the following facts and evidence shall be examined:  
a. the rate of increase in exports of the product under inve stigation to the Kingdom;  
b. the current status of the volume of production capacity of the exporting or producing 
countries of the product under investigation and the extent to which it is likely to be 
developed in the near future, and the extent to which th e increase in production 
capacity is likely to be directed at export to the Kingdom.  
Article Twenty -Eight:  
1. The investigation shall demonstrate, on the basis of objective evidence, the existence of a 
causal link between the increased imports of the product under investigation and the serious 
injury or threat thereof, as set forth in Articles  26 and 27 of the Regulation.  
2. When factors other than increased imports are causing injury to the domestic industry at the 
same time, such injury shall not be attributed to increased imports.  
CHAPTER IX – SAMPLING  
Article Twenty -Nine:  
1. In cases where the number of producers of the like product in the Kingdom, or the number 
of producers, exporters, importers of the product under investigation, or where the number 
of shipmen ts or types of product under investigation is so large as to make such a 
determination impracticable for the Department, the examination may be limited either to a 
reasonable number of producers, exporters, importers, or shipments or types, by using 
sample s which are statistically valid on the basis of information available to the Department 
at the time of the selection, or to the largest percentage of the volume of production or 
sales for concerned domestic producers or to the largest percentage of exports  from the 
country in question, or to the volume of imports of the concerned importers, or to the 
volume of sales for shipments or types of items which can reasonably be investigated within 
the period available for investigation.  
2. The Department shall determine the final sample to be used in the investigation. To 
determine an appropriate sample, the Department may conduct consultations with the 
producers, exporters or importers concerned with the investigation to reach a mutually 
accepted sample, provid ed that such producers, exporters and importers have made 
themselves known in the investigation and have provided sufficient information to the 
Department within a reasonable period as determined by the Department before the 
determination of the final samp le. 
Article Thirty:  
1. In cases where the Department has limited its examination, as provided for in this Chapter, 
the Department shall nevertheless determine an individual margin of dumping or individual 
amount of subsidy for any exporter or producer not ini tially selected in the sample, who 
submits the necessary information in time for that information to be considered during the 
course of the investigation, except where the number of exporters or producers is so large 
that a determination of  an individual a nti-dumping margin or an individual amount of 
subsidy for each exporter or producer would be unduly burdensome to the Department and 
would prevent the timely completion of the investigation.  
2. The Department may amend the sample if there was insufficient coo peration by all or part of 
the sample participants, which may materially affect the outcome of the investigation. If the 
Department finds that there is constant non -cooperation or that there is no enough time to 
select a new sample, the Department may comp lete the investigation based on the available 
data in accordance with paragraph 7 of Article 10 of the Regulation.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  CHAPTER X – ANTI -DUMPING, COUNTERVAILING MEASURES AND PRICE 
UNDERTAKINGS  
Article Thirty -One:  
1. The Authority shall determine an individual anti -dumping or countervailing measure for each 
cooperating exporter or producer concerned without prejudice to the provisions  of 
Chapter  IX of the Regulation.  
2. Where the Department has limited its examination during the investigation in accordance 
with Chapter  IX of the Regulation, any measures applied to imports from cooperating 
exporters or producers not included in the sample, shall not exceed the weighted average 
margin of dumping or amount of subsidy established with respect to the selected exporters 
or pr oducers in the sample. The Department shall disregard any dumping margins or 
subsidy amounts equal to zero or de minimis  stipulated in paragraph  7 of Article  6 of the 
Regulation as well as measures established in accordance with paragraph  7 of Article  10 of 
the Regulation.  
3. Duties shall be applied and collected on imports from all sources, found to be dumped or 
subsidized and causing injury. Such duties shall be applied in accordance with the measure 
determined for each source pursuant to the decree imposing  the measures and on a 
non-discriminatory basis. Such duties shall not be applied on imports from those sources 
from which price undertakings have been accepted or on imports for which the government 
of the concerned country has withdrawn the subsidy.  
Article Thirty -Two:  
1. Pursuant to paragraph 1 of Article 5 of the Law, undertakings offered need not be accepted 
if the Authority considers acceptance of such undertakings impractical, or for reasons of 
general policy, or for any other reasons. The Authority sha ll, where practicable, provide to 
the exporter the reasons which have led it to reject or to consider acceptance of an 
undertaking as inappropriate, and shall, to the extent possible, give the exporter an 
opportunity to make comments thereon.  
2. The Authority  may accept price undertakings from an exporter or from a government of a 
country and not impose provisional or definitive duties, provided that; an exporter 
undertakes to revise its prices to the level eliminates the injury resulting from dumping or 
subsidy; or the government providing the subsidy agrees to eliminate or limit the subsidy, or 
take measures to limit the effects thereof.  
3. The Authority may propose price undertakings to governments or to exporters, but no 
government or exporter shall be forced to enter into such undertakings. The fact that 
exporters or governments do not offer such undertakings, or do not accept an invitation to 
do so, shall in no way prejudice the consideration of the investigation.  However, the 
Authority is free to determine t hat a threat of injury is more likely to be realized if the 
dumped or subsidized imports continue.  
4. Upon concluding preliminary or final determinations and acceptance of voluntary price 
undertakings submitted by a government or an exporter, the Authority ma y require the 
party offering the undertaking and the importer to provide information relevant to the 
fulfillment  of such an undertaking periodically and to permit verification of pertinent data in 
appropriate methods.  
5. Pursuant to paragraph  5 of Article  9 of the Law, when the Authority accepts an undertaking 
after concluding preliminary affirmative determinations and before concluding final 
determinations, and if the party offering undertaking requests, or the Authority decides to 
complete the inv estigation, the price undertaking shall be terminated if the Authority 
concludes in the final determinations that there is no dumping or subsidy amount for the 
party offering undertaking, or there is no injury provided that, such determination is not 
mostl y due the application of the price undertaking. However, if the final determinations of 
no dumping or subsidy amount, or no injury is found because of the application of the price G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  undertakings, or when the Authority concludes in the final determinations an  affirmative 
determination of dumping or subsidy and injury, the undertaking shall continue based on the 
agreement concluded with the party offering the undertaking.  
6. In case of violation of an undertaking, the Authority may take, in accordance with the 
provisions of the Law and the Regulation, expeditious actions of imposition of definitive 
measures on the violating party if the investigation has previously been completed. In case 
of suspension of the investigation, the Authority may apply immediately pr ovisional 
measures on the shipments of the violating party using the best information available. In 
such cases, the Department shall complete the investigation to conclude final determinations 
and imposition of definitive measures. The Authority may levy d efinitive measures on 
shipments of the violating party not more than 90 days before the application of the 
provisional measures. Such retroactive assessment shall not apply to shipments of the party 
offering undertaking entering the Kingdom before the viol ation by the exporter to the 
undertaking.  
Article Thirty -Three:  
1. Pursuant to paragraph 2 of Article 11 of the Law, measures may be retroactively levied on 
imports destined to the Kingdom not more than 90 days prior to the date of application of 
provisional measures, and up to the date of initiation of investigation, when the Authority 
determines that:  
a. in anti -dumping investigations, there is a history of dumping which caused injury or 
that the importer was, or should have been, aware that the exporter practi ces 
dumping and that such dumping would cause injury;  
b. in anti -dumping and countervailing investigations, the injury is caused by massive 
dumped or subsidized imports in a relatively short time which in light of the timing 
and the volume of the dumped or s ubsidized imports and other circumstances such 
as; a rapid build -up of inventories of the product under investigation, or other factors 
is likely to seriously undermine the remedial effect of the imposition of measures 
through final decree.  
2. The Authority s hall notify concerned importers of having sufficient evidence that the 
conditions set forth in paragraph  1 of this Article are satisfied, and the level of measures 
expected to be collected on a retroactive basis, and that guarantees for such measures will 
be collected. The Authority shall offer importers an appropriate opportunity to comment 
prior to taking registration procedures and collection of guarantees.  
3. Upon finding that the conditions set forth in paragraph  1 of this Article are fulfilled, the 
Autho rity shall immediately notify the Zakat, Tax, and Customs Authority with all 
information about the product under investigation and the level of the expected definitive 
measure based on which guarantees should be taken. The Zakat, Tax, and Customs 
Authority  shall take the necessary procedures to register the imports of the product under 
investigation and shall take the necessary guarantees from importers within the limits of the 
expected definitive measure and within the time limit specified in the Authority 's decision 
that shall not exceed the period specified in paragraph  2 of Article  11 of the Law.  
4. The Zakat, Tax, and Customs Authority shall collect definitive measures from the date of 
entry into force  of the final decree on imports that were subject to re gistration, and on 
which guarantees were taken in accordance with this Article. The provisions of Article  10 of 
the Law shall be applied to this Article with regard to the collection of definitive measures or 
refund of guarantees.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  CHAPTER XI – SAFEGUARD ME ASURES  
Article Thirty -Four:  
Pursuant to paragraph 1 of Article 6 of the Law, the Authority shall, based on the findings of the 
investigation, identify the form of the safeguard measures, whether to be in the form of 
ad valorem duties, monetary values, quan titative restrictions, guarantees, or a combination of all 
or any other form convenient for the investigation. The Authority shall identify the level of 
safeguard measures to the extent necessary to prevent or remedy serious injury and to facilitate 
adjust ment for the domestic industry.  
Article Thirty -Five:  
1. Pursuant to paragraph 2 of Article 5 and paragraph 1 of Article 6 of the Law, the Authority 
may apply quantitative restrictions upon imposition of definitive safeguard measures, 
provided that the following conditions are met:  
a. such a measure shall not reduce the quantity of imports of the product subject to the 
measure below the level of a recent period which shall be the average of imports 
volume of the product subject to the measure in the last th ree representative years 
for which statistics are available;  
b. the condition set forth in subparagraph (a) of this paragraph may not apply where 
clear justification is given and accepted by the Authority, that a different level is 
necessary to prevent seriou s injury or threat thereof for the achievement of the 
objective of the measures pursuant to paragraph 1 of Article 6 of the Law.  
2. In cases in which definitive safeguard measures take the form of quantitative restrictions 
requiring a quota allocation among s upplying countries of the product subject to the 
measure to the Kingdom, the Authority shall apply the following procedures:  
a. the Authority may conduct consultations with the aim to seek an agreement with 
respect to the allocation of shares in the quota wit h concerned countries having a 
substantial interest in supplying the product subject to the measure. In cases in which 
this method is not effective or the Authority considers it impracticable, the Authority 
shall allot to the exporting countries concerned having a substantial interest in 
supplying the product subject to the measure, shares based upon the proportions, 
supplied by such countries during a pervious representative period, of the total 
quantity or value of imports of the product subject to the me asure, due account being 
taken of any special factors which may have affected or may be affecting the trade in 
the product subject to the measure;  
b. the Authority may depart from the provision in subparagraph (a) of this paragraph 
provided that consultations  under Article 55 of the Regulation are conducted under the 
auspices of the Committee on Safeguards, provided that the Authority provides a clear 
demonstration to the Committee that; the reasons for the departure from the 
provisions in subparagraph (a) of this paragraph are justified;  imports from certain 
exporting countries concerned have increased in disproportionate percentage in 
relation to the total increase of imports of the product subject to the measure in the 
representative period; and the conditio ns of such departure are equitable to all 
exporting countries concerned of the product under investigation. The duration of any 
such measure shall not be extended beyond the initial period under paragraph  4 of 
Article  7 of the Law. The departure referred t o above in this subparagraph  (b) shall 
not be permitted in case the measure was imposed on the basis of threat of serious 
injury.  
3. Safeguard measures shall be applied to the product under investigation irrespective of its 
source, without prejudice to the pr ovisions of Article 63 of the Regulation.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  CHAPTER XII – REVIEW OF MEASURES  
Article Thirty -Six: 
1. Pursuant to paragraph 2 of Article 6 of the Law, the Authority may, on its own initiative and 
where warranted, carry out an interim review at any time after the imposition of definitive 
measures, or upon a request by any interested party or representative thereof which 
submits positive information substantiating the need for an interim review, provided that 
one year has lapsed from the date of imposition of th e definitive measures.  
2. The Authority may carry out an interim review when the review request includes sufficient 
evidence of the existence of substantial changes in circumstances justifying the examination 
of any of the following or both of them:  
a. whether the continued imposition of the measures is necessary to offset dumping or 
specific subsidy;  
b. whether the injury or serious injury or threat thereof would be likely to continue or 
recur if the measures were removed or varied.  
3. The Department may, in an interim review, examine whether  there has been substantial 
changes in circumstances pertaining to dumping or specific subsidy and injury, or the 
increase of imports causing serious injury or threat thereof or changes related to the 
effectiveness of the level, scope, or form of measures imposed to remove the injury or 
serious injury or threat thereof upon imposition of the measures, or changes related to the 
scope of the product subject to the measure and any other substantial changes or 
circumstances occ ur thereto.  
4. As a result of the interim review and based on the scope of examination, evidence and 
findings, the Authority may decide to terminate the measures or to amend the level, scope, 
or form of measures in accordance with the provisions of paragraph  1 of Article  6 and 
paragraph  1 of Article  8 of the Law.  
Article Thirty  Seven:  
1. Pursuant to paragraph 2 of Article 7 of the Law, the Authority may, on its own initiative, or 
upon a request by the domestic industry or a representative thereof, and prior to th e expiry 
date of the measures, initiate an expiry review of the definitive anti -dumping measures and 
countervailing measures. The measures imposed shall remain in force pending the outcome 
of the expiry review and the issuance of a decision of the Chairper son thereon.  
2. The domestic industry shall submit a request for the expiry review at least 180  days prior to 
the expiry date of the measures. The request for the expiry review shall fulfill all the 
documentary conditions for acceptance at least 90  days prior  to the expiry date of the 
measures. The request shall include information and evidence that the expiry of the 
measures would be likely to lead to continuation or recurrence of dumping, specific subsidy 
and injury.  
3. In the expiry review and when  examining t he likelihood of continuation or recurrence of 
dumping, specific subsidy and injury, the Department may examine; whether dumping, 
specific subsidy and injury continue; or whether there is evidence demonstrating, upon 
circumstances pertaining to exporters o r governments or the market situation of the subject 
product, that there would be likelihood of continuation  or recurrence of dumping or specific 
subsidy causing injury; or whether the removal or the reduction of injury level incurred by 
the domestic indus try is mainly or partially due to the measures imposed.  
4. The Authority may, on its own initiative, or upon a request for the expiry review, decide to 
carry out an interim review simultaneously with the expiry review, or the scope of 
examination in the expir y review shall include the provisions stipulated in paragraph  3 of 
Article  36 of the Regulation.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  5. As a result of the expiry review and based on the scope of examination, evidence, and 
findings, the Authority may decide to terminate the measures, or extend s uch same 
measures or vary the level, scope, or form of the measures for a period not exceeding 
five years, in accordance with the provisions of paragraph 1 of Article 8 of the Law.  
6. The imposition of the definitive measures shall remain in force beyond the five years 
pending the outcome of the expiry review and the issuance of a decision of the Chairperson 
thereon.  
Article Thirty  Eight:  
1. Pursuant to paragraph  4 of Article  7 of the Law, the Authority shall, on its own initiative, or 
upon a review request submi tted by an interested party or representative thereof, carry out 
a mid -term review of safeguard measures prior to the lapse of the mid -term of the period of 
imposition, if the duration of the measure exceeds three years.  The purpose of such review 
is to as sess the situation of the domestic industry and the effect of the measures thereon, 
and if appropriate, withdraw the measures or increase the pace of liberalization thereof. An 
interested party shall submit a review request to the Authority within at least  a period of 
120 days prior to the mid -term of the period of imposition of measures. The request for a 
mid-term review shall be properly documented within at least 90  days prior to the expiry of 
the mid -term of the period of imposition of the measures.  
2. Pursuant to paragraph  4 of Article  7 of the Law, the Authority may extend the period of 
imposition of safeguard measures to exceed the initial period of imposition, provided that 
the Authority shall, on its own initiative, or upon a request by the domestic in dustry or 
representative thereof, carry out a review for extension of safeguard measures. As a result 
of such review, the Authority shall find that the safeguard measure continues to be 
necessary to prevent or remedy serious injury, and that there is evide nce that the industry 
is adjusting. An interested party shall submit a review request to the Authority within at 
least a period of 120  days prior to the end of the period of imposition of the measures. The 
review request shall be properly documented within  a period of at least 90  days prior to the 
expiry of the period of imposition of the measures.  
Article Thirty  Nine:  
1. Pursuant to paragraph 2 of Article 6 of the Law, and upon a review request submitted by an 
exporter and producer or their representatives, the Authority may conduct a new exporter 
review. Such review request shall be submitted after the completion of the investigation and 
the imposition of the definitive anti -dumping or countervailing measures, with the purpose 
of determining  an individual measure for such exporter and producer, provided that each of 
the exporter and producer shall demonstrate the followings:  
a. they have not exported the product under investigation during the period of 
investigation;  
b. they are not related to any of the exporters or producers who exported the product 
under investigation to the Kingdom during the period of investigation through either 
their current legal status or their legal status during the period of investigation;  
c. they have exported the product subject to the measures to the Kingdom after the 
period of investigation in substantial quantities sufficient to determine an individual 
measure to an unrelated importer, or demonstrate that any such relationship has no 
effect on the prices. Alternatively,  that they have concluded a binding contract 
including all sales conditions to export substantial quantities sufficient to determine an 
individual measure to an unrelated importer, or demonstrate that such relationship 
has no effect on the prices and the i mplementation of such contract shall be binding 
after the period of investigation.  
2. The Department shall accept a request for a new exporter review upon the fulfillment of 
conditions stipulated for in paragraph 1 of this Article and upon the availability of  all 
evidence and required information stated in the form of the new exporter review request. 
The exporter, importer and producer shall undertake to provide all information and evidence 
during the course of the review. The request shall be accepted when th e Authority ensures G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  the availability of a new exporter status free of any evidence or suspicions about making or 
creating situation that might help any of the parties to circumvent or evade the measures 
imposed.  
3. Upon the initiation of a new exporter review , the Authority shall request the Zakat, Tax and 
Customs Authority to suspend the collection of duties from the exporter or producer subject 
to review until the completion of the review. Thereupon, the Zakat, Tax and Customs 
Authority shall execute the sus pension, and register and monitor imports of the exporter or 
producer subject to the review until the completion of the review. The Zakat, Tax and 
Customs Authority shall take the necessary guarantees from the exporter and importer, or 
any of them, to ensu re the collection of duties on imports retroactively, should the Authority 
concludes  in such a review to impose anti -dumping or countervailing duties on the new 
exporter.  
4. As a result of the new exporter review, the Authority may determine an individual mea sure 
for the exporter and producer subject to the review not exceeding the identified margin of 
dumping or amount of subsidy. However, the Authority may, in case of non -cooperation of 
the exporter, the producer or the importer under investigation, impose measures pursuant 
to paragraph  7 of Article 10 of the Regulation or terminate the review with no determination 
of individual margin.  
Article Forty:  
1. Pursuant to paragraph 2 of Article 8 of the Law, and upon a review request submitted b y an 
importer of a product subject to anti -dumping measures or representatives thereof, the 
Authority may, conduct a refund review. Such review request shall demonstrate with 
evidence that the importer has paid anti -dumping duties on shipments imported wit hin a 
preceding year in excess of the actual margin of dumping determined in the definitive 
determination on products imported during such period. The importer shall submit a 
properly documented request for a refund review within the first month following end of a 
year of the imposition of the anti -dumping measure. In case the importer does not submit a 
complete documentary request within the first month of the subsequent year of imposition 
for review on the preceding year within the period of imposition, t he Department shall not 
accept the request of the importer. The Department may, on its own initiative and 
simultaneously with the refund review, conduct an interim review in accordance with 
Article  36 of the Regulation.  
2. The Department shall not accept a re quest for a refund review unless the following 
conditions are fulfilled:  
a. information specifying clearly the alleged refund amount in the duties and how this 
amount is directly linked to all shipments the importer has supplied during the review 
period and h as paid duties for;  
b. proper and complete information and documents about all shipments of the product 
subject to the measures imported by the importer during the review period. Such 
documents shall include invoices, shipping, insurance, customs clearance, and 
documents for the payment of anti -dumping duties and collection thereof;  
c. the imported shipments subject to the refund review request shall be made by 
unrelated exporter and producer to the importer, or it was proven that the such 
relation ha s no effect on prices. The exporter, producer and importer shall all have 
cooperated in the original investigation in which the individual definitive anti -dumping 
duties were determined, whether in accordance with paragraphs 1 and 2 of Article  31 
of the Re gulation or in accordance with paragraph 1 of Article 39 of the Regulation;  
d. the concerned importer, exporter, and producer of the shipments under review shall 
undertake to participate in the review and fully cooperate therein and to provide all 
information  requested by the Department;  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  e. the importer, exporter, and producer shall undertake that the collected duties were 
not compensated to the importer by the exporter, producer, or a third party. They 
shall undertake that the prices shown in the presented invoi ces are actual selling 
prices and that no compensatory arrangements have been made either before, during 
or after sales that affects the actual selling value of the product;  
f. the exporter and producer subject to review shall undertake to provide all inform ation 
regarding the normal value and export price of the product subject to the measure 
made by the exporter and producer subject to review for all domestic sales and export 
sales to all sources in the Kingdom during the review period. The Authority shall 
determine the dumping margin of the exporter and producer during the review period 
using the same methodologies for determining the dumping margin determined in the 
original investigation under which the duties were imposed, except where change in 
circumst ances occurred that makes the application of the same methodology 
inappropriate . 
g. any other information requested by the Department to proceed with the review.  
3. In determining whether and to what extent a reimbursement to the importer should be 
made when the  export price is constructed in accordance with paragraph  2 of Article  15 of 
the Regulation, the Department should take account of any change in normal value, any 
change in costs incurred between importation and resale, and any change in the resale price 
which is duly reflected in subsequent selling prices. When all conclusive evidence is 
submitted, the Department should calculate the export price with no deduction for the 
amount of anti -dumping duties paid.  
4. As a result of the refund review, the Authority may, conclude on the eligibility of the 
importer to the amount of the claimed refund or a part thereof. The Authority shall, based 
on the Chairperson 's decision, request from the Zakat, Tax and Customs Authority to take 
the necessary action to refund this amount to the importer. The Zakat, Tax and Customs 
Authority shall execute the refund within 90 days from the date of the Chairperson decision, 
unless the Zakat, Tax and Customs Authority requests an extension of this period for clear 
and justified conside rations.  
5. Based on a refund review that was simultaneously conducted with the interim review, If the 
Authority finds that the margin of dumping calculated in such review is different from 
imposed measures, the Authority shall adjust the level of duties appl icable to the exporter 
and producer subject to review according to paragraph  4 of Article  36 of the Regulation.  
Article Forty  One:  
1. When conducting an anti -circumvention review according to Chapter  VI of the Law, the 
practice of absorption shall exist, in a ccordance with paragraph 5 of Article  14 of the Law, in 
any of the following situations:  
a. the exporter or producer reduces the export price of the product subject to the 
measure in order to compensate the importer or a third party, or compensate any of 
them in any other way for all or part of the value of the imposed measures, provided 
that, the normal value or the amount of subsidy for the product does not decrease in 
the same proportion, or there is no justification for the reduction in the export price of  
the product except to undermine the impact of the measure;  
b. the importer does not sufficiently increase the selling prices of the product subject to 
the measure in the Kingdom to reflect the impact of the imposed measure on prices, 
unless the unrelated imp orter to the exporter or producer provides evidence that the 
price level was determined independently without assistance from or arrangements 
with any other party and such price results from selling  such product;  
c. the value of a competition contract including the product subject to the measure, does 
not increase after the imposition of the measures, despite the increase in the price of 
the product due to the imposition of the measure.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  2. Pursuant to paragraph  6 of Article  15 of the Law, in the event that  the Zakat, Tax and 
Customs Authority detects that an importer has practiced circumvention to evade payment 
of the applied measures or part of them together with a practice of customs evasion, the 
Zakat, Tax and Customs Authority shall issue a seizure repo rt to provide evidence and 
information indicating the practice of circumvention in order to evade measures, and 
immediately notify the Authority with the report accompanied with evidence and information 
demonstrating the practice of circumvention to evade the payment of measures.  
However, if the circumvention found to result in the evasion of measures was not associated 
with a customs evasion incident, the Zakat, Tax and Customs Authority shall issue a report 
of the incident and immediately notify the Auth ority with the report accompanied with 
evidence and information demonstrating the practice of circumvention to evade the 
measures.  
Article Forty  Two:  
1. When conducting the reviews mentioned in this Chapter, the Department shall apply the 
relevant provisions in Chapters  II, III, IV, VIII, IX and XI of the Regulation, 
mutatis  mutandis  pursuant to the conformity of each provision in these Chapters with the 
type of each review.  
2. When conducting the reviews mentioned in this Chapter, the Department shall generally 
apply the same methodology used in the original investigation in which the trade remedies 
measures were determined, taking into consideration any evidence demonstrating the 
existence of significant developments that may change this methodology us ed and according 
to the type of each review. The aforementioned applies in particular to the findings of the 
Authority in accordance with Chapters  V, VI, VIII and IX of the Regulation.  
3. Pursuant to paragraph 6 of Article  12 of the Law, when the Governor dec ides to extend the 
review period for more than 12  months, as warranted, the Governor 's extension decision 
shall demonstrate the existence of objective factors related to the review that require an 
extension thereof.  
CHAPTER XIII  – PUBLIC INTEREST INFORMATI ON 
Article Forty  Three:  
1. Pursuant to paragraph  1 of Article  19 of the Law, public interest persons may make 
themselves known in the period as specified for the interested parties in paragraph  1 of 
Article  9 of the Regulation, in the investigation, expiry re view, or review of extension of 
safeguard measures, unless the notice of initiation of the investigation, expiry review, or 
review of extension of safeguard measures specifies otherwise. Public interest persons shall 
not provide any information or evidence  on their views except during the period for the 
submission of public interest information in accordance with paragraph  2 of this Article.  
2. Pursuant to paragraph  2 of Article  19 of the Law, the public interest persons shall submit 
their views on the extent to which the imposition of measures may affect the public interest 
and whether or not the imposition, extension, non -imposition or termination of the 
measures would be in the public interest.  Evidence demonstrating which decision would be 
in the public int erest, shall be submitted in writing. Such information and evidence shall be 
submitted to the Department within the period specified for submitting public interest 
information either in the notice of the initiation, the notice of expiry review, or the noti ce of 
extension of safeguard measures.  In all events, this period shall be specified to be at least 
5 months as of the date of initiation of the investigation, the expiry review, or the extension 
of safeguard measures and at least 2  months prior to the fin al determination of the 
investigation or the review.  
3. Public interest persons are required to submit authenticated documents in accordance with 
paragraphs  8 and 9 of Article  9 of the Regulation.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  4. No party shall be accepted as a public interest person if such  party is an interested party or 
related to an interested party, without prejudice to the right of the interested party to 
provide all evidence and information to defend party 's interests in accordance with 
paragraph  6 of Article  9 of the Regulation.  
5. The D epartment shall accept information and evidence from public interest persons who 
made themselves known within the time limits publicly specified, and when submitting such 
information and evidence within the time limits publicly identified for submitting in formation 
of the public interest.  
6. Public interest persons shall provide information and evidence in accordance with the 
conditions set forth by the Department, including the conditions to submit summaries, 
number of pages, method of providing evidence, types and quality of evidence. The 
Authority may reject such information if not fulfilling the required conditions.  
Article Forty  Four:  
1. Pursuant to paragraph 3 of Article 19 of the Law, the Department shall, whenever 
practicable, provide timely o pportunities for the interested parties and public interest 
persons, upon a written request, to have access to non -confidential information in the public 
file of public interest during the course of the investigation or the review.  
2. Interested parties and p ublic interest persons may submit information and evidence to 
support or refute the views presented by public interest persons, within a period not 
exceeding 7  days as of the day following the end of the period for providing information of 
public interest, provided that complying with the requirements and conditions related to 
information and evidence in accordance with paragraph  6 of Article  43 of the Regulation.  
Article Forty  Five:  
1. Information and evidence on public interest received by the Depar tment in accordance with 
this Chapter shall not affect the preliminary or final findings of the investigations, expiry 
reviews, or reviews of the extension of safeguard measures. Such information shall not be 
included in any of the notices or reports issue d by the Authority during the course of such 
investigations or reviews.  
2. Upon the Governor 's approval of the final findings of the investigation, expiry review, or 
review of the extension of safeguard measures and submission thereof to the Chairperson, 
the Governor shall include in such submission all information and evidence provided by 
public interest persons or interested parties in accordance with the provisions of this 
Chapter.  
3. The Governor may, if warranted, submit information and evidence related to the public 
interest to the Chairperson at any time before approving the final findings in an 
investigation, expiry review, or review of the extension of safeguard measures.  
4. Pursuant to paragraph 2 of Article 20 of the Law, the Chairperson may make a decisi on on 
the public interest considerations, and may examine information on the public interest or 
may request additional information in this regard. The Chairperson may form a specialized 
committee to evaluate the information and evidence submitted on the pu blic interest and to 
determine the extent of the impact thereof on the decision to impose or extend the 
measures.  
5. The Chairperson may take all necessary actions to examine and evaluate the public interest 
when deciding to impose or extend measures. This sh all not prevent him from taking his 
decisions within the period specified in accordance with Article  61 of the Regulation.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  CHAPTER XIV  – USE OF BEST INFORMATION AVAILABLE  
Article Forty  Six: 
1. The Authority shall specify the required information in the notice  of initiation of 
investigations, reviews, and any subsequent notices, as well as in any main or 
supplementary questionnaires. The Authority shall specify the standards and specifications 
required to accept such information and the time limits for submissi on of such information to 
the Department.  
2. Pursuant to paragraph 7 of Article 10 of the Regulation, in cases of non -cooperation of any 
interested party, or providing information inconsistent with the requested standards and 
specifications, providing false, incomplete information, or otherwise, not providing the 
necessary information within the time limit without obtaining a written permission of 
extension from the Department, the Department shall have the right to reject all or part of 
the information provided by the interested party, and may make, preliminary or final 
negative or positive determinations in the investigation or review, on the basis of the facts 
available to the Department, including those contained in the complaint provided b y the 
domestic industry.  
Article Forty  Seven:  
1. The Authority may set conditions for accepting information from the interested parties, 
including, inter alia, technical and technological specifications, such as submitting the 
information via specific electro nic media or uploading information on a website specified by 
the Authority, or may require the use of specific technical programs, submit printed copies 
of special specifications, or all of the above, or any other specifications and requirements, 
provided that the Authority has specified these technological and technical specifications in 
its declared policies, questionnaires or notices.  
2. Any interested party that finds that the requested technical and technological specifications 
do not comply with the natu re of their information, or finds that transforming such 
information in order for it to be compatible with specifications requested would be impossible 
and would result in a significant financial burden or significant effort, shall immediately, 
within the first quarter of the period specified for submitting the data, address the 
Department to explain the difficulties faced and provide evidence thereof as well as suggest 
appropriate alternatives. The Department shall promptly examine these difficulties 
objec tively. The Department shall not reject the information provided by the interested party 
because of it being inconsistent with the technological and technical specifications if the 
party submitted convincing reasons to the Department explaining the difficu lty or inability to 
do so. The Department may accept the proposals of the interested party if sufficient or it 
may offer other suitable alternatives which would enable the interested party to provide 
acceptable information to the Department. The Authority shall, as soon as possible, notify 
the interested party of the Department 's decision in this regard and may grant the 
interested party an extension period for providing this information based on the alternative 
specifications if deemed necessary.  
Article F orty Eight:  
1. When the interested party submits the requested information in accordance with the terms 
and time limits specified by the Authority, and if the Department finds that parts thereof are 
not integrated in acceptable manner, whether due to a misund erstanding by the interested 
party in relation to some requested information, or because of an unintended human or 
technical error, or if the Department finds that there are some insufficient responses that 
need additional clarifications or for any other o bjective and justified reasons, the 
Department shall not reject such information immediately, but rather send the interested 
party supplementary questions requesting completion of the information or amendments 
thereto within a specified time, provided that  this would not impede or delay the 
investigation or review procedures.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  2. The Department may reject in whole or in part the information submitted by the interested 
party and rely on the available information in accordance with this Chapter. The Department 
may reject such information, when it finds that the interested party has deliberately not 
provided information, or withheld some of it, or claims not to understand or be unable to 
provide such information or refuses to complete data despite the Department re quests for 
completion within a specified time, or when the interested party impedes or delays the 
investigation or review based on any other subjective and unjustified actions or claims.  
Article Forty  Nine:  
1. The Department may disregard in whole or in part  the information provided by the 
interested party if not complying with all the requirements specified by the Authority. The 
Department shall assess the extent and volume of the information to be disregarded by 
evaluating the level of effort exerted and th e range of objectivity with which the interested 
party interacted with the Department during the investigation or review, and according to 
the Department assessment of the quality, adequacy, and verifiability of the information 
provided.  
2. When the Departmen t decides to rely on available information in reaching the findings of the 
investigation or review, including those with respect to normal value, amount of subsidy, or 
other information about selling prices or cost, the Department shall, whenever practical  and 
available, not rely only on information supplied in the complaint or review request, but 
should check and verify the information from other independent sources at its disposal, such 
as published official sources or reports, independent research center s and from the 
information obtained from other interested parties or otherwise from other objective 
sources.  
Article Fifty:  
1. When the Department decides to reject information or evidence submitted during the 
investigation or review, the Department shall not ify, in writing, the interested party of the 
information rejected and reasons therefore and shall grant the interested party a suitable 
opportunity during the investigation or review to comment on the decision of information 
rejection. If the comments or e xplanations made on the decision are considered 
unsatisfactory, the reasons for rejection of such evidence or information shall be given by 
the Authority in any subsequent published notice.  
2. The use of available information in reaching findings in the inves tigation or review leads to, 
in most cases, less favorable results for the interested party than if it had fully cooperated 
with the Department.  
CHAPTER XV ON -THE-SPOT VERIFICATION VISITS  
Article Fifty  One:  
1. Pursuant to paragraph 4 of Article 10 of the Regulation, the Department may at its 
discretion and where practicable, carry out on -the-spot verification visits at the premises of 
the interested parties, including the domestic industry, importers, exporters, producers, 
users, agents, representatives of  the interested parties, associations, and any relevant 
governmental or private concerned entities or other affiliated entities related to the 
investigations or reviews, with the purpose of verifying information or obtaining additional 
information related to the determination of dumping, specific subsidy and injury or 
information about increased imports and serious injury or threat thereof.  
2. When the Department finds that the level of cooperation by an interested party is 
insufficient, during the investigati on or review, or the foreign country, in which the premises 
of the interested party are located, objects to carry out the visit, or the interested party 
rejects to carry out the visit or precludes the procedures of the visit, the Department may 
decide not to carry out an on -the-spot verification visit to the interested party, and may G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  choose to rely on the available information in accordance with Chapter  XIIII of the 
Regulation.  
Article Fifty  Two:  
1. The Authority shall notify the competent authorities in the f oreign countries of the decision 
of the Department to carry out on -the-spot verification visits to the premises of interested 
parties in their territories. The Department shall not carry out visits upon the objection of 
any of such countries and the Author ity shall notify the interested party of the objection of 
country thereof to carry out verification visits.  
2. The Authority shall give the interested party sufficient advance notification of a request to 
carry out a verification visit at the premises thereof . The notification shall specify the 
proposed dates for carrying out the visit and a general summary on the nature of the 
information to be verified, though this does not preclude requests made during the 
verification for additional information to be provi ded. A written agreement of the carrying 
out of the visit and the date agreed upon shall be provided by the interested party to the 
Department.  
3. The Authority shall notify the relevant authorities of the country to be visited about the 
agreement concluded w ith the interested party, indicating the date of the visit and the 
contacts of the interested party to be visited. The Authority may issue this notification 
separately or attach it with the notification in paragraph  1 of this Article.  
Article Fifty  Three:  
1. In most cases, verification visits should be carried out after receiving responses of the 
interested parties on questionnaires. However, this does not preclude the Department from 
carrying out on -the-spot verification visits prior to this upon fulfillments  of the provisions of 
Article  52 of the Regulation.  
2. If the Department decides to include non -governmental experts in the verification visit 
team, the authority should inform the interested parties and the authorities of the foreign 
countries to be visited,  and such non -governmental experts should be subject to 
confidentiality requirements.  
3. For a successful completion of the verification visit, the Department may exchange inquiries 
put by the interested parties to be visited and answers thereof before the vi sit is made.  
CHAPTER XVI  – CONSULTATIONS IN SAFEGUARDS INVESTIGATIONS & NOTIFICATIONS 
TO THE WTO COMMITTEE ON SAFEGUARDS  
Article Fifty  Four:  
1. Pursuant to paragraph 4 of Article 16 of the Law, the Authority shall immediately notify the 
WTO Committee on Safeg uards upon the following events:  
a. initiating an investigatory process relating to serious injury or threat thereof and the 
reasons for it;  
b. making a finding of serious injury or threat thereof caused by increased imports;  
c. taking a decision to apply or extend a safeguard measure.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  2. In making the notifications referred to in sub -paragraph  l(b) and 1(c) of this Article, the 
Authority proposing to apply or extend a safeguard measure shall provide the Committee on 
Safeguards with all pertinent information, whi ch shall include:  
a. evidence of serious injury or threat thereof caused by increased imports;  
b. a precise description of the product under investigation;  
c. the proposed measure, and proposed date of introduction;  
d. the expected duration and timetable for progressi ve liberalization;  
e. in the case of an extension of a measure, evidence that the domestic industry 
concerned is adjusting shall also be provided.  
Article Fifty  Five:  
The Authority, proposing to apply or extend a safeguard measure, shall, in the notifications  
referred to in sub -paragraph l(b) and 1(c) of Article 54 of the Regulation, provide adequate 
opportunity for prior consultations with those countries having a substantial interest as exporters 
of the product under investigation, with a view to , inter  alia, reviewing the information provided 
under paragraph  2 of Article 54 of the Regulation, and exchanging views on the measure.  
Article Fifty  Six: 
The Authority shall make a notification to the Committee on Safeguards on taking a decision of 
provisional safeg uard measure prior to the date of entry into force, and consultations shall be 
initiated immediately after the measure 's entry into force.  
Article Fifty  Seven  
The result of the consultations referred to in this Chapter, as well as the results of mid -term 
reviews referred to in paragraph  1 of Article  38 of the Regulation, shall be notified immediately by 
the Authority to the WTO Council for Trade in Goods.  
Article Fifty  Eight  
The Authority shall consider, in notifications provided, the non -disclosure  of any confidential 
information, the disclosure of which would violate the laws and regulations enforced, or otherwise 
be contrary to the public interest or would prejudice the legitimate commercial interests of 
particular enterprises, public or private.  
CHAPTER XVII  – FINAL PROVISIONS  
Article Fifty  Nine:  
1. In the execution of the provisions of paragraph 7 of Article 6 of the Regulation, any 
complaint and countervailing duty investigation against a product originating in a developing 
WTO Member shall be reje cted or terminated respectively as soon as the Authority 
determines that the volume of the subsidized imports under complaint or investigation 
represents less than 4 per cent of the total imports of such product destined to the Kingdom, 
unless imports from  concerned developing country Members whose individual shares of total 
imports represent less than 4 per cent collectively account for more than 9 per cent of the 
total imports of such product destined to the Kingdom, or the overall level of subsidies 
granted upon the product in question does not exceed 2 per cent of its value calculated on a 
per unit basis.  
2. Safeguard measures shall not be applied against a product originating in a developing 
country WTO Member as long as its share of imports of the product  concerned in the 
Kingdom does not exceed 3 per cent of the total imports of the product under investigation, 
provided that, each developing country WTO Member with no more than 3 per cent import 
share does not collectively account for more than 9 per cent  of total imports of the product G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  under investigation. The Authority shall immediately notify the Committee on Safeguards of 
any decision taken under the provision of this paragraph.  
Article Sixty:  
1. The investigation and review shall begin as of the date of publication of notices of initiation, 
and their procedures shall conclude upon the Governor 's decision on the final findings and 
recommendations.  
2. In the event that the Authority has not concluded the investigation by reaching the final 
findings within the  time limits specified in accordance with paragraphs 4 and 5 of Article  12 
of the Law, the investigation shall be considered to be terminated without imposition of 
measures. In the event that the Authority has not concluded the expiry review or extension 
of safeguard measures review within the time limits specified in accordance with 
paragraph  6 of Article  12 of the Law, the measures shall be terminated. However, in case of 
issuance of a binding court adjudication or order that suspends an investigation or expiry or 
extension review of safeguard measures, the Authority shall issue a public notice with the 
reasons for the suspension of the investigation, the expected period of suspension, and the 
impact of the suspension on the subsequent proceedings. In revi ews other than expiry 
reviews and reviews of the extension of safeguard measures, if the duration of the review 
expires without concluding the review, the measures shall remain unchanged. The Governor 
or the Chairperson shall issue a decision, as the case may be in this paragraph, and publish 
a notice thereon in accordance with Chapter  VII of the Law setting out the final status of the 
investigation or review and the status of the measures . 
Article Sixty  One:  
The Chairperson shall take decisions regarding p rovisional measures and reviews within a period 
not exceeding 15  days from the date of the Governor 's decision and submission of preliminary 
findings of investigations and findings of reviews, except for expiry reviews and reviews on the 
extension of safeg uard measures. The Chairperson shall take decisions regarding definitive 
measures within a period not exceeding 60  days from the date of the Governor 's decision and 
submission of the final findings of anti -dumping, countervailing and safeguard investigatio n; and 
the findings of expiry reviews or reviews on the extension of safeguard measures.  
Article Sixty  Two:  
1. In accordance with Article 31 of the Law, and for the purpose of achieving its duties related 
to trade remedies, the Authority can request, receive, access, collect, and maintain all 
confidential and non -confidential information from relevant governmental entities. Such 
information includes all information related to the examination of the complaint, 
investigation, review and related to the stage of imposing, collecting and monitoring the 
measures, as well as those related to export defense  procedures.  
2. Under paragraph 5 of Article 4 of the Law, governmental entities shall provide all 
confidential and non -confidential information necessary for the conduct of investigations and 
reviews requested by the Authority, based on the information available to each 
governmental entity. Such information shall be submitted in accordance with the templates 
prepared by the Authority, and this includes providing detailed data on imports operations 
into the Kingdom and exports to one or several countries, including informa tion on volumes 
and values  from and to all required sources and during the periods specified by the 
Authority. This information includes all data and documents related to importing and 
exporting operations, whether issued by governmental entities, exporter s and importers, 
and other data and documents related to the trade operations under examination or related 
to the operations of imposing, collecting, and monitoring the measures. In addition, this 
information includes all data and documents related to esta blishments and companies 
producing, using, exporting, importing, consuming and trading; as well as those related to 
domestic or imported products under examination, including data related to actual 
production operations, production capacity, consumption, s ales, market size, prices and 
other related information requested by the Authority from the relevant entities.  G/ADP/N/1/SAU/2/Suppl.3 • G/SCM/N/1/SAU/2/Suppl.3 • G/SG/N/1/SAU/2/Suppl.3  
 
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  Article Sixty  Three:  
In accordance with Article 4 of the Law, and for the purpose of complying with the Kingdom 's 
international commitments in co nducting investigations, reviews and imposing measures, the 
Authority shall apply preferential, bilateral, and special provisions related to investigations, reviews 
and measures as provided in the bilateral, regional, or multilateral trade agreements to wh ich the 
Kingdom is a party.  
Article Sixty  Four:  
The Regulation shall be published in the Official Gazette and shall be in force from the date when 
the Law comes into force.  
 
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