G/ADP/N/1/ARE/2/Suppl.1  
G/SCM/N/1/ARE/2/Suppl.1  
G/SG/N/1/ARE/2/Suppl.1  
 
5 October 2018  
(18-6150) Page: 1/46 
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  
UNITED ARAB EMIRATES  
Supplement  
The following communication, dated 30 August 2018,  is being circulated at the request of the 
Delegation of United Arab Emirates.  
 
_______________  
 
 
With reference to Article 18.5 of the Agreement on Implementati on of Article VI of the 
General  Agreement on Tariffs and Trade 1994, Article 32.6 of the Agreem ent on Subsidies and 
Countervailing Measures and Article 12.6 of the Agreement  on Safeguards, the 
United  Arab Emirates (UAE) hereby notifies the Committee on Antidumping Practices, the 
Committee on Subsidies and Countervailing Measures and the Committee on  Safeguards that the 
UAE issued the fol lowing trade remedy legal texts:  
 
- The Federal Law No (1) of 2017 on antidumping, countervailing and safeguard 
measures, dated 16 April 2018, which was, published in the UAE Offic ial Gazette 
No 614, Year 47, 30  Rejeb 1 438H corresponding 27 April 2017 (the Federal Law).  
 
- The Council of Ministers Decision No (8) of 2018 issuing the Rules of Implementation 
of the Federal Law No (1) of 2017 on antidumping, countervailing and safeguard 
measures, which was published in the UAE Official Gazette No  628 Year 48, 
11 Rejeb  1439H corresponding 29 March 2018 (the Rules of Implementation).  
The full text of the non -official English translation of the Federal Law as well as the Rules of 
Implementation are hereby enclosed for the read y reference of the WTO Members. T he official 
Arabic version of the above -mentioned texts is publicly available .1 
 
The UAE would like to clarify that, as explained in our communication dated 28 September 20152, 
the Federal Law and its Rules of Implementatio n incorporated the 2010 amended GCC Common 
law on antidumping, countervailing and safeguard measures, as well as the 2010 amended 
GCC Rules of Implementation of the GCC Common on antidumping, countervailing and safeguard 
Measures, which have been notified to, and discussed at, the Committee on Antidumping 
Practices3, the Committee on Subsidies and Countervailing Measures4 and the Committee on 
                                                
1 www.economy.gov.ae . 
2 G/ADP/N/1/ARE/2 -G/SCM/N/1/ARE/2 -G/SG/N/1/ARE/2.  
3 G/ADP/M/51 Minutes of the regular meeting held on 27 O ctober 2016, G/ADP/M/50 Minutes of the 
regular meeting held on 27 A pril 2016, G/ADP/M/49 Minutes of the regular meeting held on 28 O ctober 2015, 
G/ADP/M/48 Minutes of the regular meeting held on 29 April 2015, and G/ADP/M/47 Minutes of the regular 
meeting held on 29 O ctober 2014.  
4 G/SCM/M/ 98 Minutes of the special meeting held on 25 O ctober 2016, G/SCM/M/99 Minutes of the 
regular meeting held on 25 O ctober 2016, G/SCM/M/ 96 Minutes of the special meet ing held on 26 A pril 2016, 
G/SCM/M/97 Minutes of the regular meeting held on 26 A pril 2016, G/SCM/M/ 95 Minutes of the regular G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Safeguards.5 The Federal Law and its Rules of Implementation thus constitute the legal basis for 
the enactment and i mplementation of the 2010 amended GCC Common Law and its Rules of 
implementation in the UAE in respect of the international trade practices that are injurious to the 
GCC industry.  
 
 
_______________  
 
 
                                                                                                                                                  
meeting held on 27 October 2015, G/SCM/M/ 92 Minutes of the special meeting held on 28 A pril 2015, 
G/SCM/M/ 93 Minutes of the regula r meeting held on 28 A pril 2015, G/SCM/M/ 91 Minutes of the regular 
meeting held on 28 October 2014.  
5 G/SG/M/50 Minutes of the regular meeting held on 24 O ctober 2016, G/SG/M/49 Minutes of the 
regular meeting held o n 25 A pril 2016, G/SG/M/48 Minutes of the regular meeting held on 26 O ctober 2015, 
G/SG/M/47 Minutes of the regular meeting held on 27 A pril 2015.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  NON OFFICIAL  TRANSLATION OF THE  
 
FEDERAL LAW N o. (1) OF 2017  
ON ANTIDUMPING, COUN TERVAILING AND SAFEG UARD MEASURES1 
 
We, Khalifa Bin Zayed Al Nahyan, President of the United Arab Emirates  
 
- Pursuant to the perusal of the Constitution;  
- Federal Law No. (1) of 1972 on the competencies of ministries and powers of 
ministers and its amendments,  
- Federal Law No. (1) of 1979 on organizing Industrial Affairs,  
- Federal Law No. (4) of 1979 on the suppression of fraud and deceit in commercial 
transactions;  
- Federal Law No. (3) of 1987 issuing the Penal Code and its amendments;  
- Federal Law No. (11) of 1992 issuing the Civil Procedures Code and its amendments;  
- Federal Law No. (28) of 2001 on setting up the Emirates Specifications and Standards 
Author ity and its amendments;  
- Federal Law No. (19) of 2002 on the levy of customs duties on goods and products 
imported from outside the GCC Customs Union;  
- Federal Law No. (1) of 2006 on Electronic Commerce and Transactions;  
- Federal Law No. (4) of 2012 on the Regulation of Competition;  
- Federal Law No. (2) of 2015 on commercial companies;  
- Federal Law No. (8) of 2015 on Setting up the Federal Customs Authority;  
- Federal Decree No. (21) of 1997 regarding the Agreement and Protocol of the UAE 
Accession to the World Trade Organization and the Document of the Uruguay Round;  
- Federal Decree No. (55) of 2002 regarding the Economic Agreement Between the for 
the Arab States of the Gulf;  
- Federal Decree No. (7) of 2005 regarding the GCC Common Law on Antidumping, 
countervail ing and safeguard measures,  
- Federal Decree No. (85) of 2007 on the Common Customs Law for the Arab States of 
the Gulf,  
- And according to what was presented by the Minister of Economy, the approval of the 
Council of Ministers, as well as the Federal National  Council and the endorsement of 
the Federal Supreme Council,  
 
We do hereby enact the following law:  
 
Article (1)  
Definitions  
For the i mplementation of the provisions of this law, the following terms and expressions shall 
have the meaning assigned thereto u nless the context otherwise requires:  
Country:  United Arab Emirates.  
Ministry:  The Ministry of Economy.  
Minister:  The Minister of Economy.  
Directorate:  The Directorate in charge of the anti -injurious practices in international trade.  
Authority:  Federal Customs Authority  
Committee:  The Advisory Committee on Anti -Injurious P ractices in International Trade.  
Directorate of Customs:  The competent Directorate of Customs in the concerned Emirate.  
                                                
1 The official Arabic version of the Federal Law N (1) 2017 on antidumping, countervailing and 
safeguards is published in the United Arab Emirates Off icial Gazette No. 614, Year 47, 30 rajeb 1438 Hajeri, 
27 April 2017.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Government Authority:  Any federal or local authority related to the implementation of the 
provisions of this Law and its Rules of implementation.  
GCC States:  GCC Member States of the Gulf Cooperation Council.  
GCC Authorities: Bureau of the Technical Secretariat and Permanent Committee on anti -injurious 
in International Trade as well as the GCC Ministerial Committee.  
Organization:  World Trade Organization.  
Agreements of the Organization:  The agreements resulting from the Uruguay Round of 
Multilateral Trade Negotiations ratified  by the Federal Decree No. (21) of 1997.  
Injurious Practices in International Trade:  Practices of dumping, specific subsidy and increase 
in imports.  
Dumping:  Exporting a product to the Country at less than its normal value in the ordinary course 
of trade f or the like product in the exporting country.  
Subsidy:  A financial contribution or any form of income or price support in the sense of 
Article  (16) of GATT 1994, provided by the government of the country of origin or a public body 
within the territory of t his country that confer a benefit to the beneficiary.  
Increase in Imports:  Importing a product in such increased quantities , absolute or relative to 
domestic production, and under such conditions as to cause or threaten to cause serious injury to 
the domes tic or GCC industry.  
Measures:  Anti-dumping, Countervailing and Safeguard measures.  
Anti-dumping Measures:  Measures taken against dumping.  
Countervailing Measures:  Measures taken against specific subsidy.  
Safeguard Measures:  Measures taken against increa se of imports.  
Provisional Measures:  Temporary measures taken during the investigation pursuant to a 
preliminary affirmative determination.  
Definitive Measures:  Measures taken at the end of the investigation pursuant to a definitive 
affirmative determina tion.  
Complaint:  A written application submitted in the format prepared for this purpose.  
Domestic I ndustry:  For the purpose of  anti-dumping and countervailing investigations, the 
Domestic Industry shall be understood to mean the domestic producers as a whole of the like 
products or those of whom whose collective output of the products constitutes a major proportion 
of the total d omestic production of those products. For the purpose of safeguard investigations, 
the Domestic Industry shall mean the producers as a whole of the like or directly competitive 
products, operating within the territory of the Country, or those whose collect ive output of the like 
or directly competitive products constitutes a major proportion of the total domestic production of 
those products.  
GCC Industry:  For the purposes of anti -dumping and counter vailing investigations, the 
GCC Industry shall be understoo d to mean the GCC producers as a whole of the like products or 
those of whom whose collective output of the products constitutes a major proportion of the total 
GCC production of those products. For the purpose of safeguard investigations, the GCC Industry  
shall mean the producers as a whole of the like or directly competitive products, operating within 
the territory of the GCC States, or those whose collective output of the like or directly competitive 
products constitutes a major proportion of the total G CC production of those products.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Interested parties:  Exporter or foreign producer, importer of the product under investigation, 
producers whose industrial inputs include the product under investigation, governmental or private 
organizations which represent  or protect consumers, governments of the exporting country or any 
other national or foreign parties shown to have an interest in the product under investigation.  
Injury: For the purposes of anti -dumping and countervailing investigations, the term "injury " is 
taken to mean material injury to a domestic or a GCC industry, threat of material injury to a 
domestic or a GCC industry or material retardation of the establishment of such an industry. For 
the purpose of safeguard investigations, the term "injury " is taken to mean serious injury to a 
domestic or a GCC industry or threat of serious injury to a domestic or a GCC industry.  
Serious injury: a significant overall impairment in the position of a domestic or a GCC industry.  
Threat of Serious injury:  serious  injury that is clearly imminent to a domestic or a GCC industry.  
Normal value: The price paid or payable for the like product in the ordinary course of trade when 
destined for consumption in the exporting country.  
Export Price:  The price paid or payable f or the product under investigation when sold for export 
from the exporting country to the Country or GCC Market.  
Dumping Margin:  The difference between the normal value and the export price during the 
period of investigation.  
Amount of a Subsidy:  The absol ute monetary value of benefit to the recipient    calculated during 
the period of investigation.  
Domestic Market:  The Market of the Country.  
GCC Market: Overall markets of the GCC Member States.  
Like Product: The term "like product " shall be interpreted to mean a product which is identical, 
i.e. alike in all respects to the product under investigation, or in the absence of such a product, 
another product which, although not alike in all respects, has characteristics closely resembling 
those of the product under investigation.  
Specific Subsidy: A subsidy that could lead to the imposition of countervailing measures.  
Subsidized Imports:  Imported products under investigation that received the specific subsidy.  
Product Under Inve stigation: The imported product as described in the notice of initiation of 
the investigation.  
Common Law: The GCC Common Law on Anti -dumping, Countervailing and Safeguard Measures.  
Article (2)  
Scope of A pplication of the Law  
The provisions of this law sha ll apply to the injurious practices in international t rade from Non -GCC 
States and in accordance with the Agreements of the Organization.  
Article (3)  
Complaint and Investigation Procedures  
1. The Domestic Industry  or its representative may file a complaint ag ainst injurious practices 
in international trade to the Directorate directly or through the concerned Government 
Authority in each Emirate, which forward it to the Directorate.  
2. The Directorate may, by a decision of the Minister or his Delegate and without receiving a 
comp laint from the Domestic Industry  or its representative, initiate an investigation against G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  injurious practices in international trade if there is a sufficient evidence of an injurious 
practice in international trade that  causes injury to the  Domestic Industry . 
3. A complaint against injurious practices in international trade shall be submitted, accepted, 
examined and an investigation shall be initiated, conducted, terminated , reviewed as well as 
any other relevant proceedings shall be undertaken  in accordance with the provisions of this 
law and its Regulation . 
Article (4)  
Investigation  
1. The Minister or his Delegate should issue a decision to set up an investigating team for each 
complaint that is composed of the personnel of the Directorate and it  is assigned to maintain 
all documents pertaining to the investigation and conducting all the relevant proceedings as 
per this Law and its Regulation . 
2. The investigation shall be concluded within twelve (12) months after its initiation, except in 
special ci rcumstances, the  Minister or  his Delegate based on a recommendation of the 
Directorate may extend the period of investigation and in no case more than 18 months, 
after its initiation.  
Article (5)  
Imposit ion of Measures  
Measures may be taken  in any of the following cases:  
1. If it is determined that imports of the product under investigation are dumped or benefitted 
from a specific subsidy and are causing material injury to a Domestic Industry , threat of 
material injury to a Domestic Industry  or material retardation of the establishment of such 
an industry, and there is a causal link.  
2. If it is determined that products under investigation, are being imported into the domestic 
market in such increased quantities , absolute or relative to domestic production, and under 
such conditions as to cause or threaten to cause serious injury to the Domestic Industry  of 
the like or directly competitive products, and there is a causal link.  
Article (6)  
Form  of Measures  
Measures  imposed against injurious practices in international trade may take the following forms:  
1. Definitive anti -dumping and countervailing measures that shall not be in excess of the 
margin of dumping or the amount of the subsidy definitively found to exist.  
2. Provisional anti -dumping and countervailing measures that may take the form of a 
provisional increase of tariff or security not greater than the provisionally estimated margin 
of dumping or the calculated amount of subsidization.  
3. Definitive safeguard measur es that may take the form of increase of tariff or quantitative 
restrictions.  
4. Provisional safeguard measures, which should take the form of tariff increase and shall not 
exceed 200 days.  
Article (7)  
Prevention of double remedies  
No product imported into th e country shall be subject to both anti -dumping and countervailing 
measures to compensate for the same situation of dumping or export subsidization.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article (8)  
Authorities  
1. The Directorate shall be responsible for receiving and examining complaints and 
undertakings as well as conducting investigations and reviews against injurious practices in 
international trade pertaining to the Domestic Industry . 
2. The Minister should issue a decision to set up a Committee named "the Advisory Committee 
against Injurious Practices in International Trade", composed of representatives of the 
relevant Federal and Local Authorities. The Advisory Committee against Injurious Practices 
in Internation al Trade is assigned to review the reports made by the Directorate on the 
complaints it received against injurious practices in international trade in accordance with 
Article (4) of this Law.  
3. The Minister or his Delegate should issue the statutory decisions concerning the 
implementation of the provisions of this Law and its Regulation  based on the 
recommendations of the Advisory Committee.  
4. The Regulation  of this law shall regulate the working p rocedures of the Advisory Committee 
along with the substantive conditions and procedural requirements relating to the imposition 
of provisional and definitive measures as well as undertakings.  
Article (9)  
Notifications and notices  
1. The Ministry shall notify  the Organization of the required notifications under the Agreements 
on Anti -dumping, Subsidy and Countervailing Measures and Safeguards pertaining to 
investigations against injurious practices in inter national trade to the Domestic Industry . 
2. The statutory  Decisions and Notices related to investigations against injurious practices in 
international trade shall be published in accordance with the procedures established by the 
Ministry.  
Article (10)  
Confidentiality  
1. The p ersonnel of the Ministry and any other G overnment Authority, who came to their 
knowledge in the context of implementation of this Law, its Regulation and related Statutory 
Decisions, any information which is by nature confidential or which is provided on a 
confidential basis by parties to an inv estigation, shall keep it as such and shall not disclose it 
without a written permission of the party submitting it or upon an order issued by a 
Competent Judicial Authority.  
2. Interested p arties shall furnish non -confidential summaries to the Directorate. These 
summaries shall be in sufficient detail to permit a reasonable understanding of the 
substance of the information submitted in confidence.  
3. The Regulation of this Law shall regulate the measures for the treatment of confidential 
information and the dis closure procedures thereof.  
Article (11)  
Customs Clearance  
Investigations against injurious practices in international trade referred to in this Law and its 
Regulation shall not hinder the procedures of customs clearance of the product under 
investigation.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article (12)  
Data and Statistics Collection  
1. In implementing the provisions of this Law and its Rules of implementation, the Ministry may 
request data, information and statistics deems necessary for the conduct of anti - dumping, 
countervailing and safeguards investigations from any Government Authority in the Country 
that possess the required data.  
2. The Government Authority shall respond to the Ministry with the required data, information 
and statistics within a period not exceedin g 15 working days from the date of reception of 
the request of data.  
3. The Directorate shall use the data and statistics mentioned in paragraph (1) of this Article to 
only the extent necessary to conduct the investigation and in such a manner that takes into  
account the confidentiality of the information.  
Article (13)  
Imposition and collection of duties  
1. The measures imposed in accordance with the provisions of this Law and its Regulation 
against international trade practices that are injurious to the Domesti c Industry  shall apply 
to imports of the product under investigation that is destined for consumption in the 
Country.  
2. When provisional or definitive measures are imposed in respect of any product, such duties 
and securities shall be levied in the appropriate amounts in each case pursuant to the 
provisions of this Law and its regulation and in accordance with the mechanism  agreed upon 
between the Ministry, the Authority and the Customs Directorates.  
3. The duties paid in respect of the imposition of definitive measures on imports of the product 
under investigation shall be deposited by the Customs Directorates in the Country 's 
Treasury, after deducting the cost of their service rendered to collect the duties, which 
should be determined in coordination between the Ministry, the Authority and the Customs 
Directorates.  
4. The provisional measures shall be treated during the period o f application as a deposit, and 
afterwards:  
A. In the event that a final affirmative determination has been made that there is an 
injurious practice in international trade, injury and causal relationship, the provisional 
measures are maintained as definitive measures.  
B. In the event that a final negative determination has been made of the injurious 
practice in international trade or injury or causality, any cash deposit made during the 
period of the application of provisional measures shall be refunded and any b onds 
released.  
5. The Authority shall provide the Ministry with periodic statistics on the value and quantity of 
imports of the product subject to the measures and the levies resulting from the imposition 
of these measures.  
Article (14)  
Surveillance  
Where sufficient indicators are available that the trend in imports of a product threatens t o cause 
injury to the Domestic Industry , imports of that product may be subject as appropriate to a 
temporary surveillance procedure carried out in accordance with the te rms and procedures 
regulated in a Statutory Decision issued by the Council of Ministers based on the Minister 's 
proposal.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article (15)  
GCC Industry  
1. In the situation where an injurious practice in international trade is the cause of an injury to 
a GCC indus try, all the procedural and substantive rules to be undertaken in this respect 
should be in conformity with the Regulation of this Law.  
2. The Ministry takes part in GCC investigations against international trade practices that are 
injurious to the GCC indust ry, which are undertaken by the competent GCC Authorities in 
conformity with the GCC Common Law.  
3. The Ministry shall coordinate with the Government Authority in the Country to implement all 
the decisions issued by the competent GCC Authorities in relation t o investigations against 
international trade practices that are injurious to the GCC industry.  
Article (16)  
Penalties  
Without prejudice to any other repressive penalty provided for in any other law, anybody who 
contravenes the provisions of Article (10) he reof shall be subject to imprisonment and a fine of not 
less than two hundred and fifty thousand (250,000) dirhams  or one of these punishments.  
Article (17)  
Legal review  
1. The Federal Courts of Appeal are competent to review appeals filed against administrat ive 
actions relating to final determinations issued by the Minister or his Delegate in 
implementation of the provisions of this Law and its Regulation.  
2. The appeal against the administrative actions referred to under clause (1) of this Article will 
cease to  be admissible if this right has not been exercised within three (3) months of the 
publication of the contested administrative action or its notification to the Interested Party or 
proven his evident knowledge thereof.  
3. The time limit to lodge an appeal sh all be suspended if the Interested Party submits a 
grievance to the Minister. The grievance must be decided within thirty (30) days of its 
submission. Where the grievance is rejected, the decision should be motivated. The 
expiration of the thirty days (30)  time limit without the Minister 's response should be taken 
as a rejection of the grievance and thereby the deadlines for filing an appeal shall be 
counted from the explicit or implicit rejection of the grievance as the case may be.  
Article (18)  
Judicial Investigation Officers  
The personnel of the Ministry, designated by a decision of the Minister of Justice in coordination 
with the Minister, shall be given the status of judicial investigation officers within their respective 
jurisdiction for the establish ment of violations of the provisions of this Law, its Rules of 
Implementation and the statutory decisions thereof.  
Article (19)  
Fees  
The Council of Ministers issues, based on a proposal of the Minister of Finance, a Statutory 
Decision specifying the fees required for the implementation of the provisions of this Law.  
Article (20)  
Final Provisions  
The Council of Ministers shall issue, based on a proposal of the Minister, the Regulation of this Law 
within ninety (90) days of its promulgation.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article (21)  
 
Any provision  in contradiction or not consistent with this law is void.  
Article (22)  
 
This Law shall be published in the Official Gazette, and shall come into force on th e day following 
its publication.  
 
Signed by  
Khalifa bin Zayed Al Nahyan,  
President of th e United Arab Emirates  
  
 Issued by Us At The Presidential Palace, Abu Dhabi  
On: 19 Rajab 1438 AH  
Corresponding to: 16 April 2017 AD  
 
_______________  
 G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  NON OFFICIAL TRANSLA TION OF THE  
 
COUNCIL OF MINISTERS  DECISION N o. (8) FOR THE YEAR 201 8 REGARDING  
THE RULES OF IMPLEME NTATION OF THE FEDER AL LAW N o. (1) OF 2017  
ON ANTIDUMPING, COUN TERVAILING AND SAFEG UARD MEASURES1 
Council of Ministers,  
- Pursuant to the perusal of the Constitution;  
- Federal Law No. (1) of 1972 on the c ompetencies of ministries and powers of 
ministers and its amendments,  
- Federal Law No. (1) of 1979 on organizing Industrial Affairs,  
- Federal Law No. (4) of 1979 on the suppression of fraud and deceit in commercial 
transactions;  
- Federal Law No. (3) of 1987 issuing the Penal Code and its amendments;  
- Federal Law No. (11) of 1992 issuing the Civil Procedures Code and its amendments;  
- Federal Law No. (28) of 2001 on setting up the Emirates Specifications and Standards 
Authority and it s amendments;  
- Federal Law No. (19) of 2002 on the levy of customs duties on goods and products 
imported from outside the GCC Customs Union;  
- Federal Law No. (1) of 2006 on Electronic Commerce and Transactions;  
- Federal Law No. (4) of 2012 on the Rules of I mplementation of Competition;  
- Federal Law No. (2) of 2015 on commercial companies;  
- Federal Law No. (8) of 2015 on Setting up the Federal Customs Authority;  
- Federal Law No. (1) of 2017 On Antidumping, Countervailing and Safeguard 
Measures;  
- Federal Decree No . (21) of 1997 regarding the Agreement and Protocol of the UAE 
Accession to the World Trade Organization and the Document of the Uruguay Round;  
- Federal Decree No. (55) of 2002 regarding the Economic Agreement Between the for 
the Arab States of the Gulf;  
- Federal Decree No. (7) of 2005 regarding the GCC Common Law on Antidumping, 
countervailing and safeguard measures,  
- Federal Decree No. (85) of 2007 on the Common Customs Law for the Arab States of 
the Gulf,  
- And according to what was presented by the Minister  of Economy and the approval of 
the Council of Ministers,  
 
Hereby agrees,  
Section I  
Definitions  
 
Article (1)  
For the Implementation of the provisions of this Rules of Implementation, the following terms and 
expressions shall have the meanings assigned thereto unless the context otherwise requires:  
Country:  United Arab Emirates.  
Ministry:  Ministry of Economy.  
Minister:  Minister of Economy.  
Directorate:  Directorate for anti -injurious practices in international trade.  
Advisory Committee:  Advisory Committe e on anti -injurious practices in International Trade.  
                                                
1 The official Arabic version of the Federal Law N (1) 2017 on antidumping, countervailing and 
safeguards is published in the United Arab Emirates Official Gazette No. 614, Year 47, 30 ra jeb 1438 Hajeri, 
27 April 2017.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Government Authority:  Any federal or local authority related to the implementation of the 
provisions of this Law and its Rules of Implementation.  
GCC States:  GCC Member States of the Cooperation Counci l for the Arab States of the Gulf.  
GCC Authorities: Bureau of the Technical Secretariat and the Permanent Advisory Committee as 
well as the Ministerial Advisory Committee.  
Ministerial Committee:  The Industrial Cooperation Committee composed of Ministers o f Industry 
of the GCC States.  
Permanent Committee:  The Committee on anti -injurious Practices in International Trade of the 
GCC States.  
Bureau of the Technical Secretariat:  The Technical Secretariat for Anti -injurious Practices in 
International Trade of the  GCC States.  
Judicial Commission:  The judicial Commission that is established in accordance with the 
Economic Agreement of the GCC States.  
Organization:  World Trade Organization.  
Agreements of the Organization:  The agreements resulting from the Uruguay Rou nd of 
Multilateral Trade Negotiations ratified by the Federal Decree No. (21) of 1997.  
Injurious Practices in International Trade:  Practices of dumping, specific subsidy and increase 
in imports.  
Dumping:  Exporting a product to the Country or GCC market at less than its normal value in the 
ordinary course of trade for the like product in the exporting country.  
Subsidy:  A financial contribution or any form of income or price support in the sense of 
Article  (16) of GATT 1994, provided by the government of the country of origin or a public body 
within the territory of this country that confer a benefit to the beneficiary.  
Increase in Imports:  Importing a product in such increased quantities , absolute or relative to 
domestic production, and under such conditions as to cause or threaten to cause serious injury to 
the domestic or GCC industry.  
Measures:  Anti-dumping, Countervailing and Safeguard measures.  
Anti-dumping Measures:  Measures taken against dumping.  
Countervailing Measures:  Measures taken against specific subsidy.  
Safeguard Measures:  Measures taken against increase in imports.  
Provisional Measures:  Temporary measures taken during the investigation pursuant to a 
preliminary affirmative determination.  
Definitive Measures:  Measures taken at the end of the investigation pursuant to a definitive 
affirmative determination.  
Complaint:  A written application submitted in the format prepared for this purpose.  
Domestic Industry : For the purpose of anti -dumping and countervailing inve stigations, the 
Domestic Industry shall be understood to mean the domestic producers as a whole of the like 
products or those of whom whose collective output of the products constitutes a major proportion 
of the total domestic production of those products.  For the purpose of safeguard investigations, 
the Domestic Industry shall mean the producers as a whole of the like or directly competitive G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  products, operating within the territory of the Country, or those whose collective output of the like 
or directly co mpetitive products constitutes a major proportion of the total domestic production of 
those products.  
GCC Industry:  For the purposes of anti -dumping and countervailing investigations, the GCC 
Industry shall be understood to mean the GCC producers as a whol e of the like products or those 
of whom whose collective output of the products constitutes a major proportion of the total GCC 
production of those products. For the purpose of safeguard investigations, the GCC Industry shall 
mean the producers as a whole of the like or directly competitive products, operating within the 
territory of the GCC States, or those whose collective output of the like or directly competitive 
products constitutes a major proportion of the total GCC production of those products.  
Interested parties:  Exporter or foreign producer, importer of the product under investigation, 
producers whose industrial inputs include the product under investigation, governmental or private 
organizations which represent or protect consumers, governments of  the exporting country or any 
other national or foreign parties shown to have an interest in the product under investigation.  
Injury: For the purposes of anti -dumping and countervailing investigations, the term "injury " is 
taken to mean material injury to  a domestic or a GCC industry, threat of material injury to a 
domestic or a GCC industry or material retardation of the establishment of such an industry. For 
the purpose of safeguard investigations, the term "injury " is taken to mean serious injury to a 
domestic or a GCC industry or threat of serious injury to a domestic or a GCC industry.  
Serious injury: a significant overall impairment in the position of a domestic or a GCC industry.  
Threat of Serious injury:  serious injury that is clearly imminent to a  domestic or a GCC industry.  
Normal value: The price paid or payable for the like product in the ordinary course of trade when 
destined for consumption in the exporting country.  
Export Price:  The price paid or payable for the product under investigation when sold for export 
from the exporting country to the Country or GCC Market.  
Dumping Margin:  The difference between the normal value and the export price during the 
period of investigation.  
Amount of a Subsidy:  The absolute monetary value of benef it to the recipient calculated during 
the period of investigation.  
Domestic Market:  The Market of the Country.  
GCC Market: Overall markets of the GCC Member States.  
Like Product: The term "like product " shall be interpreted to mean a product which is identical, 
i.e. alike in all respects to the product under investigation, or in the absence of such a product, 
another product which, although not alike in all respects, has characteristics closely resembli ng 
those of the product under investigation.  
Specific Subsidy: A subsidy that could lead to the imposition of countervailing measures.  
Subsidized Imports:  Imported products under investigation that received the specific subsidy.  
Product Under Investigatio n: The imported product as described in the notice of initiation of 
the investigation.  
Exporting country: the exporting and/or producing country of the product under investigation.  
Government: the government of a foreign country or any regional or local go vernment or 
authority of a foreign country, or A Body or organization that exercises authority for an association G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  of foreign countries or a person, agency or institution acting for or on behalf of a government or 
body referred to in thereof.  
Independent bu yer: Buyer who is in no way related to the importer, there is no commercial or 
production partnership between the buyer and the importer, there is no common relationship in 
another business, they are not directly or indirectly controlled by a third party o r members of the 
same family.  
Official Gazette: The Official Bulletin issued by the Bureau of the Technical Secretariat.    
Official Journal: The Official Journal of the Country.  
Common Law: The GCC Common Law on Anti -dumping, Countervailing and Safeguard  Measures.  
Law:  Federal Law on Anti -Dumping, Countervailing and Safeguard Measures .  
Section II  
International Trade practices that are injurious to the Domestic Industry:  
Part 1: Complaint and Investigation Procedures  
Chapter 1: Complaint  
Article (2)  
1. A complaint against dumping, subsidization or increase of imports shall be submitted in 
writing to the Directorate in accordance with Article 3 of the Law as per the determined form.  The 
complainant shall provide a non -confidential copy of the complaint in s ufficient detail to permit a 
reasonable understanding of the substance of the information submitted in confidence.  
2. The complaint shall be made by the Domestic Industry  or on behalf of industry or by 
concerned Chambers of Commerce and Industry in the Countr y, or by producers ' federations.  
3. The complaint shall include evidence of the existence of dumping, specific subsidy or 
increase in imports and the injury caused by the alleged injurious practices as well as the causal 
link between the injurious practice an d the alleged injury caused to the complainant, and all 
available information supporting the complaint.  
4. In special circumstances, the Minister or his Delegate may initiate an investigation without 
receiving a complaint from those mentioned in paragraph 2 o f this Article on its own initiative or 
upon a recommendation from the Advisory Committee when there is sufficient evidence as stated 
in paragraph 3 of this Article that justifies the initiation of an investigation.  
Article 3  
The Directorate shall, within a period not exceeding thirty (30) working days starting from the first 
working day subsequent to the reception of the complaint, examine the accuracy and adequacy of 
the evidence provided in the complaint and prepare an initial report that will be transmi tted to the 
Advisory Committee together with its recommendations whether to reject the complaint or initiate 
the investigation.  
Article 4  
The Minister or his delegate shall within a period not exceeding fifteen (15) working days from the 
date of receiving the initial report including the recommendation of the Advisory Committee take 
one of the following decisions based on the recommendation of the Advisory Committee:  
1. Accepting the complaint and transfer it to the Directorate to for registration in the 
appro priate register set for that reason and start the investigation when he is satisfied that G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  the information, data, evidences and facts reported in the complaint are sufficient to justify 
the investigation as per the provisions of Law and its Rules of Impleme ntation  
2. Rejecting the complaint due to the inaccuracy, incorrectness or insufficiency of information 
to justify the initiation of an investigation.  
Article 5  
The Directorate shall notify the complainant about the Minister 's decision within seven (7) working 
days from the date of its issuance.  
Article 6  
1. The Minister 's or his delegate shall decide to initiate an antidumping or an anti -subsidy 
investigation only when the complaint is supported by those domestic  producers whose collective 
output constitutes more than fifty percent (50%) of the total production of the like product 
produced by that portion of the Domestic Industry  expressing either support for or opposition to 
the complaint; and domestic producers e xpressly supporting the complaint account for at least 
twenty five percent (25%) of total production of the like product produced by the Domestic 
Industry . 
2. Producers that are related to the exporters or importers or are themselves importers of the 
concerne d product might not be taken into consideration in assessing the representativeness of 
the concerned Domestic Industry . 
3. For the purpose of paragraph (2), producers shall be deemed to be related to exporters or 
importers only if one of them directly or indi rectly controls the other; or both of them are directly 
or indirectly controlled by a third party; or together they directly or indirectly control a third party, 
provided that there are grounds for believing or suspecting that the effect of the relationshi p is 
such as to cause the producer concerned to behave differently from non -related producers. For the 
purpose of this paragraph, one shall be deemed to control another when the former is legally or 
operationally in a position to exercise restrai nt or dire ction over the latter.  
Article 7  
 
1. The Directorate shall, upon receipt of a properly documented complaint regarding dumping 
or subsidization and before proceeding to initiate an investigation, notify the government of each 
concerned country.  
2. The Directorat e shall upon acceptance of a complaint regarding subsidization and before the 
initiation of an investigation, take all necessary measures to invite the concerned exporting 
countries of the alleged subsidized products under consideration to conduct consulta tions with the 
aim of clarifying the facts of the complaint, the evidence provided in the complaint and to reach a 
mutually agreed solution.  
3. The conduct of consultations shall not prevent from proceeding to the initiation of the 
investigation, making preli minary or final determinations or the application of provisional or 
definitive measures in accordance with the provisions o f these Rules of Implementation.  
Article 8  
The Directorate shall maintain records of received complaints where it records all procedu res and 
actions undertaken in respect of each complaint as well as keeping a special record for all data, 
information and statistics that are confidential. Such confidential information shall not be disclosed 
except as in accordance with the provisions of protection and treatment of confidential information 
according to the Law and its Rules of Implementation.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Chapter 2  
Procedures of Investigation  
Article 9  
The decision to initiate an investigation shall be published in the Official Gazette or in the Country 's 
two most popular daily newspapers within ten (10) working days from the date on which the 
affirmative Minister or his delegate 's decision was taken. The initiation of an investigation shall be 
effective on the date on which the notice of initiati on is published. The notice of initiation of an 
investigation shall con tain the following information:  
1. Description of the product under investigation, including its technical characteristics, end -
uses and its current tariff classification number.  
2. A description of the like domestic product(s) or directly competitive product(s), including 
their technical characteristics and end -uses. 
3. The name and address of the complainant and all other known producers of the like 
domestic product(s) or directly com petitive product(s).  
4. Name(s) of the country(ies) of origin or export of the product under investigation.  
5. A general summary of the factors related to the allegations of injury and injurious practices 
under investigation.  
6. The date of initiation of the investigation.    
7. The timetable for the investigation procedures, including:  
a) The deadline for interested parties to make themselves known in writing to the 
Directorate in order to participate in the in vestigation  
b) The time frames within which interested part ies shall present their arguments or 
information in writing  
c) The deadline within which interested parties have the opportunity to express their 
views in writing, if applicable  
d) The deadline within which interested parties shall r equest a hearing when necessa ry. 
8. The address of the Directorate and the name, address and telephone number of the Director 
or the party to whom the interested parties shall file their submissions.  
Article 10  
1. Taking into consideration the protection of the confidential information, the  Directorate shall 
in the case of antidumping and countervailing investigations, provide through the official means 
and as soon as possible, the full text of the non -confidential version of the complaint and a copy of 
the notice of initiation of the invest igation to all known interested parties and the representatives 
of the exporting countries. While in the case of safeguard investigations, the interested parties 
shall be notified by publishing the notice of initiation in the Official Gazette or the Countr y's two 
most popular daily newspapers.  
2. If the number of exporters concerned with the investigation is particularly high, the full text 
of the non -confidential version of the complaint may instead be provided only to the authorit ies of 
the exporting countri es. G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article 11  
1. In the case of antidumping and anti -subsidy investigations, the Directorate shall send as 
soon as possible questionnaires that are necessary to obtain the essential data and information to 
the known interested parties, including domestic producers, importers, exporters, foreign 
producers, and consumer associations.  
2. In the case of safeguard investigations, questionnaires shall be sent to the parties who made 
themselves known and request a questionnaire or conveyed to the diplomatic repre sentatives of 
the exporting country (ies).  
Article 12  
1. Interested parties shall prepare clear and thorough responses to the questionnaires they 
received in accordance with Article (11) above within a time limit not exceeding forty (40) days 
from the date on which the questionnaires were sent to them or to the appropriate diplomatic 
represen tative of the exporting country (ies).  
2. An extension of ten (10) days may be granted upon a duly justified request made by the 
concerned interested party which starts from the end of the original period.  
3. The questionnaires shall be considered received by the exporter or the foreign producer 
after seven (7) days from the date on which they were sent, or transmitted to the appropriate 
diplomatic representative of the concerned country.  
4. The Directorate may disregard any reply to a questionnaire that is not submitted within the 
prescribed time -limit for response and in the required format, whenever it considers that the 
conditions for disregarding information under Article 26 of this Rules o f Implementation have been 
met. 
Article 13  
If the number of exporters, producers, importers, types of pro ducts or transactions under 
investigation are so large as to make such investigation impracticable, the investigation may be 
limited to a representative sample of interested parties, products under investigation, or 
transactions by using statistically -valid samples based on either the information available at the 
time of selection or the largest percentage of export volume, production, or sales of the concerned 
country which can be reasonably verified during the period of the investigation.  
Article 14  
1. All parties that request to participate in the investigation as interested parties within the 
time-limit stated in the notice of initiation of the investigation shall have fair opportunity to defend 
their interests. Public hearings may be held to present the ir views and arguments, taking into 
consideration the need to protect confidential information.  
2. There shall be no obligation on any interested party to attend public hearings, and failure to 
do so shall not be prejudicial to the interests of that party . 
3. All parties that request to participate in the investigation as interested party within the time -
limit stated in the notice of initiation shall have fair opportunities, whenever practicable and upon 
written request, to see information related to the i nvestigation and that used to reach the findings 
of the investigation, in accordance with the rules concerning the treatment of confidential 
information stated in this Law and its Rules of Implementation thereof.  
Article 15  
1. The Directorate shall keep records of the public hearings, which should be placed in the 
public file, with the exception of confidential information.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  2. All interested parties participating in the public hearing, providing a reasonable reason, have 
the rig ht to provide other oral information related to the investigation, but it shall not be taken into 
account in the investigation unless it is subsequently submitted in writing within a time -limit not 
exceeding ten (10) days after the date of the public heari ng.  
Article 16  
Interested parties that intend to attend a public hearing shall notify  the Directorate at least 
seven  (7) working days before the date of the public hearing of the names of their representatives 
that will attend the hearing as well as the w ritten arguments and information to be provided at the 
hearing.  
Article 17  
Public h earings shall be chaired by the Director of the Directorate or his representative, who shall 
undertake the necessary measures to protect confidential data and statistics. Pu blic hearings shall 
be organized in a manner, which will ensure that all participating parties have adequate 
opportunities to express their views.  
Article 18  
1. In order to verify the information provided or to obtain further details related to the 
investi gation, the Directorate may conduct on site verification visits in the exporting country (ies), 
provided that it obtains the agreement of the firms concerned and receives no objection from the 
country concerned after notifying their representatives of the verification on site visit.  
2. In order to verify the information provided or to obtain further details related to the 
investigation, the Directorate may conduct on site verification visit in the Country.  
3. The procedures and Rules set out in Annex I of  the Agreement on the Implementation of 
Article VI of the General Agreement on Tariffs and Trade of 1994 and Annex VI of the Agreement 
on Subsidies and Countervailing Measures shall apply to the on -site verification visits conducted 
under this Article.  
Article 19  
1. Any information which is by its nature confidential or which is provided on a confidential 
basis by interested parties shall be treated as confidential, if reasonable cause being shown, such 
information shall not be disclosed without the specif ic permission of the party submitting it.  
2. Interested parties providing confidential information shall be required to furnish reasons 
justifying the request for confidential treatment and non -confidential summaries thereof. Such 
summaries shall be in suf ficient detail to permit a reasonable understanding of the substance of 
the information submitted in confidence.  
3. In exceptional circumstances, interested parties may indicate that information is not 
susceptible of summary. In such cases, a statement of  the reasons making such summary not 
possible must be provided.  
4. If it is found that the request for confidentiality is not warranted, and if the supplier of the 
information is either unwilling to make the information public or to authorize its disclosur e in 
generalized or summary form, such information, may be disregarded unless it can be satisfactorily 
demonstrated by appropriate sources that the information is correct.  
Article 20  
1. The Directorate shall normally prepare a preliminary repor t no later than 
one hundred  and eighty (180) days after the initiation of the investigation and a fina l report 
one hundred and eighty  (180) days from the date of the preliminary report, that includes the 
objective evidence obtained during the investigation, all infor mation available to or issued by the G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Directorate at that time, and to what extent the standards, and requirements and conditions 
stipulated in the Rules of Implementation are satisfied.  
2. These determinations shall be available in reports containing suffi cient details regarding the 
findings reached on all issues of fact and law, and reasons that have led to those conclusions, 
taking into account the rules pertaining to the protection of confidential information.  
3. All interested parties have the right to  comment and submit their arguments with respect to 
the preliminary reports or any published findings during the investigation and before reaching final 
determinations, within a period not exceeding fifteen (15) days of the disclosure of such reports.  
Article 21  
Within thirty (30) working days of receiving the report submitted by the Directorate in accordance 
with Article 20 thereof and based on the recommendations of the Advisory Committee, the Minister 
or his delegate shall take any of the following decis ions: 
1. Terminating the investigation without imposing measures, wherever it is satisfied that there 
is insufficient evidence of practice of dumping, subsidy, increases in imports or no injury was 
found or a causal link does not exist between the injuriou s practice and the alleged injury.  
2. Imposing provisional measures or any related measures if an affirmative determination of 
practices of dumping or subsidy or increase in imports, and injury, and causal link has been 
made.  
Article 22  
Upon the decision o f the Minster or his delegate to terminate the investigation without imposing 
measures, the Directorate shall notify the complainant of the decision and publish a public notice 
in the Official Gazette or the Country's two most popular daily newspapers, inc luding the following 
information:  
1. Identity of the complainants and the domestic like products;  
2. Identifying th e products under investigation;  
3. Reasons for the t ermination of the investigation.  
Article 23  
The investigation shall normally be completed within twelve (12) months from its date of initiation. 
The Minster or his delegate may in special circumstances extend t his period for no more than 
six (6) months.  
Article 24  
Upon the decision to impose measures, whether provisional or definitive , the Directorate shall 
notify the complainant and issue a public notice of the imposition of the measures in the Official 
Gazette or the Country's two most popular daily newspapers, which shall contain the following 
information, taking into consideration confidentiality requirements:  
1. The identity of the parties subject to the measures.  
2. The identification of the products subject to the measures.  
3. A summary of the reasons leading to the imposition of the measures.  
4. The form, level and duration of  the imposition of the measures.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article 25  
1.  Notifications, correspondences, queries and any other communications should be sent to 
known interested parties or their assigned representatives by registered mail which confirms 
delivery to the interested parties.  
2. Notifications to the known interested parties in foreign countries should be made through 
their diplomatic representatives or authorized consulates in the Country.  
Article 26  
1. If any interested party refuses access to, or otherwise does not provide necessary 
information or does not submit them within the period of time prescribed form or significantly 
impedes the investigation, preliminary and final determinations either affirmative or negative may 
be taken on the basis of the information ava ilable.  
2. If any interested party provides false or misleading information, such information shall be 
disregarded and available information may be used.  
3. In implementing this Article, applicable procedures and provisions set forth in Annex (2) of 
the Agreement on Implementation of Article (6) of the General Agreement on Tariffs and Trade 
1994 shall be taken in consideration.  
Part 2  
Anti-dumping  
Chapter 1: Determination of Dumping  
Article 27  
1. The normal value shall normally be based on the comparable  price paid or payable, in the 
ordinary course of trade, for sales of like product by independent customers in the domestic 
market of the exporting country.  
2. Notwithstanding paragraph 1 above, where a product under investigation is not imported 
directly from the country of origin but it is exported to the Country from an intermediate country, 
the normal value shall be established on the basis of comparable price paid or payable, in the 
ordinary course of trade, in the domestic market of the country of ori gin if the products are not 
produced in the country of export ( i.e., the products are merely transshipped through the country 
of export), or there is no comparable price for them in the country of export.  
3. In the case of an association, partnerships agre ements or a compensatory arrangement or 
other related arrangements form of compensatory arrangement among interested parties, prices 
among them may be considered to be not in the ordinary course of trade and may not be used to 
establish normal value.  
4. Sales of the like product destined for consumption in the domestic market of the exporting 
country shall be considered to be of sufficient quantity for the determination of the normal value if 
such sales constitute five percent (5%) or more of the export sa les volume of the product under 
investigation to the Country. However, a volume lower than five percent (5%) of sales may be 
used if there is a satisfaction, based on the evidence submitted by the interested parties or 
otherwise available, that sales of su ch lower volume are nonetheless of sufficient magnitude to 
provide for proper comparison.  
5. 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 pr oper comparison because 
of the particular market situation or the low volume of the sales in the domestic market of the 
exporting country, the normal value of the like product shall be established on the basis of the cost 
of production in the country of or igin plus a reasonable amount for administrative selling and 
general costs as well as for profit margin, or on the basis of export price, in the ordinary course of 
trade, to an appropriate third country, provided that this price is reasonable.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  6. Sales of  the like product in the domestic market of an exporting country or export sales to a 
third country at prices below per unit (fixed and variable) costs of production plus administration, 
selling and general costs may be treated as not being in the ordinary  course of trade by reason of 
price and may be disregarded in determining normal value, only if it is determined that such sales 
were made:  
a. Within an extended period, which shall normally be for one (1) year and shall in no 
case be less than six (6) months.  
b. In substantial quantities, when it is established that the weighted average selling price 
of the transactions under consideration for the determination of the normal value is 
below the weighted average unit cost, or that the volume of sales below cost is not 
less than twenty percent (20%) of sales under consideration for the determination of 
the normal value.  
c. At prices which do not p rovide for recovery of all costs within a reasonable period of 
time, if prices which are below per unit costs at the time of sale are above the 
weighted average per unit cost for the period of investigation, such prices shall be 
considered as providing for  recovery of costs within a reasonable period of time.  
7. Where the country exporting the product under investigation is a non -market economy 
country, normal value may be determined on the basis of:  
a. The comparable price paid or payable or constructed no rmal value, in the ordinary 
course of trade, for sales of the like product when destined for consumption in a 
market economy of a third country: or  
b. The comparable price paid or payable, in the ordinary course of trade, for exports of 
the like product fr om such a market economy of the third country to other countries, 
including the Country: or  
c. Any other reasonable basis including the price actually paid or payable in the domestic 
market for the like product, duly adjusted if necessary to include a reas onable profit 
margin.  
Article 28  
1. The export price shall be determined by the price actually paid or payable of the product 
under investigation when it is sold for export from the exporting country into the domestic market.  
2. In cases where there is no  export price of the product under investigation or where it 
appears that the export price is unreliable because of association or a compensatory arrangement 
between the exporter and the importer or a third party, the export price may be constructed on 
the basis of the price at which the imported products are resold to first independent buyer, or if 
those products are not resold to an independent buyer, or not resold in the condition as they were 
imported, or any reasonable basis.  
Article 29  
1. A fair compa rison shall be made between the export price and the normal value.  
2. This comparison shall be made at the same level of trade, normally at the ex -factory level, 
and in respect of sales made as close as possible to the same time and with due account to be 
taken in consideration, the settlements for differences which affect price comparability. This 
comparison includes differences in conditions and terms of sale, physical characteristics, import 
charges, taxation, quantities, level of trade, and any other di fferences, which are claimed and also 
demonstrated by interested parties to affect prices and price comparability.  
3. If the export price is determined on the basis of the selling price of the product under 
investigation to the first independent buyer in the domestic market, allowances for costs, including 
duties and taxes, incurred between importation and resale, as well as profit margins accruing, G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  shall also be made. If in this case, price comparability has been affected, the normal value shall be 
calcul ated at a level of trade equivalent to the level of trade of the constructed export price or due 
allowances shall be made for the differences mentioned in this Article.  
Article 30  
1. The existence of dumping margin 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 prices of all comparable exports of product under investigation to t he domestic market, 
or by a comparison of normal value and export price on a transaction -to-transaction basis.  
2. A normal value established on a weighted average basis may be compared to prices of 
individual export transactions to the domestic market, if there is a pattern of export prices, which 
differ significantly among different purchasers, regions or time period, and if using the methods in 
paragraph 1 would not reflect the dumping being practiced.  
3. Dumping margin shall be determined based on the am ount by which the normal value 
exceeds the export price. An individual dumping margin shall be determined for each known 
exporter or producer concerned by the product under investigation.  
4. Notwithstanding paragraph 3 of this Article, in cases where the n umber of exporters, 
producers, importers, or types of products involved or trade transactions is so large as to make it 
impracticable to determine an individual dumping margin for each known exporter or producer, the 
investigation may be limited to an exam ination of a reasonable number of interested parties, 
products or transactions by using samples which are statistically valid on the basis of information 
available at the time of the selection, or to the largest percentage of the volume of production, 
sales or exports which can reasonably be investigated within the time -limit.  
5. When an investigation is limited to a representative sample in accordance with this Article 
and Article 13, any anti -dumping measure applied to imports from exporters or producers  which 
have made themselves known but not included in the sample shall not exceed the weighted 
average dumping margin established with respect to the selected exporters or producers provided 
that any zero, de minimis margins, and margins established in cir cumstances referred to in 
Article  26 shall be disregarded.  
6. In cases where the examination is limited in accordance with this Article and Article 13, 
individual determinations of the dumping margin shall be made for any exporter or producer not 
initially  selected who submits the necessary information within the time -limit for that information 
to be considered during the investigation except where the number of exporters or producers is so 
large that individual examinations would be unduly burdensome to th e authorities and prevent 
timely completion of the investigation.  
Chapter 2: Determination of Injury  
Article 31  
A determination of material injury shall be based on positive evidence and involve an objective 
examination of the following:  
1. The volume of dumped imports and its effect on prices in the domestic market for like 
products and they can be determined by evaluating the following factors:  
a. With regard to the volume of the dumped imports, consideration shall be given to 
whether there has been a si gnificant increase in dumped imports, either in absolute 
terms or relative to production or consumption in the domestic market.  
b. With regard to the effect of the dumped imports on sales prices of the like product in 
the domestic market, consideration sha ll be given to whether:  
i. There has been a significant price undercutting by dumped imports when 
compared with the price of the domestic like product;  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  ii. Whether the effect of such imports is otherwise to depress prices to a significant 
degree; or  
iii. Whether the effect of such imports is to prevent price increases, which 
otherwise would have occurred, to a significant degree.  
No one or several of these factors can necessarily can necessarily give decisive guidance.  
2. The impact of the dumped imports  on the Domestic Industry  concerned, through an 
evaluation of all relevant economic factors and i ndices having a bearing on the c ountry of 
the industry, including:  
a. Actual and potential decline in sales, profits, production, market share, productivity, 
return on investments, or utilization of capacity;  
b. Factors affecting domestic prices; actual and potential negative effects on cash flow, 
inventories, employment, wages, growth, ability to raise capital or investments; and  
c. The magnitude of the dumping  margin.  
This list is not exhaustive, nor can any one or several of these factors necessarily give 
decisive guidance.  
3. The effect of the dumped imports shall be assessed in relation to the production of the 
Domestic Industry  of the like product when available data permit separate identification of 
that production on the basis of criteria such as the production process and producers' sales 
and profits. If such separate identification of production is not possible, the evaluati on of the 
impact of dumped imports should be undertaken by searching in narrowest group or range 
of products, which include the like product for which the necessary information can be 
provided.  
Article 32  
1. A determination of a threat of material injury o n the Domestic Industry  concerned shall be 
based on facts and not merely on allegations, conjecture or remote possibility and on an 
examination of whether such injury is clearly foreseen and imminent taking into account the 
following:  
a. A significant rat e of increase of dumped imports into the domestic market indicating 
the likelihood of substantially increased importations;  
b. Sufficient freely disposable capacity of the exporter or an imminent, substantial 
increase in such capacity indicating the likeli hood of substantially increased dumping 
exports to the domestic market, taking into account the availability of other export 
markets to absorb any additional exports;  
c. Whether imports are entering at prices that will have a significant depressing or 
suppressing effect on domestic prices and would likely increase demand for further 
imports; and  
d. Inventories of the product under investigation.  
2. Other relevant factors that are supported by sufficient evidence may be taken into 
consideration, however no one or several of these factors listed above, alone or in combination, 
can necessarily give decisive guidance but the totality of the factors considered must lead to a 
conclusion that more dumped exports are imminent and that, unless preventative action  is tak en, 
material injury will occur.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article 33  
1. It must be demonstrated, that the injury to the concerned Domestic Industry  is caused by 
the dumped imports and not by other factors.  
2. Known factors other than dumped imports, which are at the same tim e injuring the 
concerned Domestic Industry , shall be examined, and injury caused by these other factors must 
not be attributed to the dumped imports. Factors which may be relevant in this respect include, 
inter alia : 
a. The volume and prices of imports not  sold at dumped prices;  
b. Contraction in demand or changes in the patterns of consumption;  
c. Commercial restriction and competitions between domestic and foreign producers;  
d. Developments in technologies; and  
e. The export performance and productivity o f the Domestic Industry . 
Article 34  
Where imports of a product from more than one country are simultaneously subject to an anti -
dumping investigation, the effects of such imports shall be cumulatively assessed only if it is 
determined that:  
1. The margin of dumping established in relation to the imports from each country is more than 
the de minimis  dumping margin, two percent (2%) or more of the export price;  
2. The volume of the dumped imports from each country is not negligible: three percent (3%) 
or more from total of the domestic imports of the product under investigation; and  
3. A cumulative assessment of the effects of the imports is appropriate in light of the 
conditions of competition between the imported products from concerned countries and the  
conditions of competition between the imports and the like domestic product.  
Article 35  
A recommendation of an immediate termination of the investigation shall be made without 
imposing any measure in the following circumstances:  
1. Withdrawal of the complaint, unless where such termination is not in the interest of the 
Country.  
2. There is no sufficient evidence for the existence of dumping, injury or causal link between 
them to justify the continuation of an investigation.  
3. When the dumping margin is de minimis.  It shall be considered to be de minimis  if the 
dumping margin is less than two percent (2%), expressed as a percentage of the export 
price.  
4. If the volume of dumped imports of the product under investigation from a part icular 
country is negligible i.e. less than three percent (3%) of the total imports of the product 
under investigation to domestic market, unless imports from all countries under 
investigation which individually account for less than three percent (3%) of the total imports 
of the product under investigation collectively account for more than seven (7%) percent of 
imports of the product under investigation to domestic market.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Chapter 3: Anti -dumping Measures  
Article 36  
1. The Minister or his delegate may, b ased on a recommendation of the Advisory Committee 
impose provisional antidumping measures if:  
a. An investigation has been initiated and public notice has been published in the Official 
Gazette or in the two most famous daily newspapers in the Country;  
b. Interested parties have been given adequate opportunity to submit information and 
make comments; and  
c. A preliminary affirmative determination of dumping has been made and consequent 
injury to the Domestic Industry ; and provisional measures are necessar y to prevent 
injury being caused during the investigation. However, a preliminary negative 
determination of dumping does not necessarily lead to terminate the investigation, but 
no provisional measures shall be imposed in such a case.  
2. Provisional antidu mping measures may take the form of a provisional duty or, preferably, a 
security —by way of cash deposit or bond —not greater than the dumping margin provisionally 
estimated. Provided that provisional measures shall not be applied sooner than 60 days from t he 
initiation of the investigation.  
3. The imposition of provisional measures shall be limited to as short a period as possible, not 
exceeding four (4) months and may be extended for further two (2) months upon request by 
exporters representing a signific ant percentage of the trade of the concerned product or upon no 
objection when notifying those exporters by the Directorate .  
Article 37  
1. Definitive anti -dumping measures shall be imposed by a decision of the Minister or his 
delegate; acting on a proposa l submitted by the Advisory Committee and the amount of the 
antidumping duty shall not exceed the established margin of dumping.  
2. Definitive anti -dumping duties shall be imposed on imports from all sources found to be 
dumped and caused injury to the Dome stic Industry , with the exception of imports from sources 
from which price undertakings have been accepted.  
3. Whenever provisional anti -dumping measures are applied, a proposal to impose definitive 
antidumping measure shall be submitted to the Minister or  his delegate not later than thirty (30) 
days before the expiry of the provisional measures.  
Article 38  
1. Any anti -dumping duty shall remain in force only as long as, and to the extent necessary to 
counteract dumping which is causing injury.  
2. Any definitive anti -dumping duty shall be terminated on a date not later than five (5) years 
from its imposition or from the date of the most recent review if that review has covered both 
dumping and injury, unless it is determined, in a review initiated b efore that date, that the expiry 
of the duty would be likely to lead to continuation or recurrence of dumping and injury.  
Chapter 4: Price Undertakings  
Article 39  
1. Upon the approval of the Minister or his delegate, the investigation may be suspended or 
terminated without the imposition of anti -dumping measures upon the Directorate's receipt of G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  satisfactory voluntary undertakings from any exporter, which are seen to e liminate the injurious 
effect of the dumping. Such undertakings shall take any of the following forms:  
a. The undertaking of an exporter to increase prices of the product under investigation 
into the Country in order to eliminate the dumping margin.  
b. The undertaking of an exporter to cease exports at dumped prices to the Country of 
the product under investigation.  
2. Price undertakings shall not be sought or accepted unless a preliminary affirmative 
determination of dumping and injury caused by such dumpi ng has been made.  
3. Undertakings offered need not be accepted if their acceptance is considered impractical, 
such as where the number of actual or potential exporters is too great, or for other reasons, 
including reasons of general policy. Should the cas e arise and where practicable, the exporter shall 
be provided with the reasons that have led to consider that acceptance of an undertaking as 
inappropriate and shall, to the extent possible, be given an opportunity to make comments 
thereon.  
4. Parties whi ch offer an undertaking shall be required to provide a non -confidential version of 
that undertaking, so that it may be made available to interested parties o f the investigation on 
request  
5. Price undertakings may be suggested by the Directorate, but no ex porter shall be forced to 
enter into such undertakings. The fact that exporters do not offer such undertakings, or do not 
accept an invitation to do so, shall in no way prejudice the consideration of the case. However, the 
Directorate is free to determine that a threat of injury is more likely to be realized if the dumped 
imports continue.  
Article 40  
1. Price increases under such undertakings shall not be higher than necessary to eliminate the 
margin of dumping. Price undertakings shall remain in force onl y as long as they are necessary to 
eliminate the injurious effect of the dumping.  
2. If price undertakings are accepted, the investigation of dumping and injury shall 
nevertheless be completed if the exporter so desires or the Directorate so decides. In su ch a case:  
a. If a negative determination of dumping or injury is made by the Directorate, the price 
undertaking shall automatically lapse. Except in cases where such a determination is 
due in large part to the existence of a price undertaking. In such ca ses, it may be 
required that an undertaking be maintained for a reasonable period consistent with 
the provisions of this Rules of Implementation.  
b. In the event that an affirmative determination of dumping and injury is made by the 
Directorate, the undert aking shall continue consistent with its terms and the 
provisions o f this Rules of Implementation.  
Article 41  
1. Any exporter from whom an undertaking has been accepted shall provide periodically to the 
Directorate information relevant to the fulfillment of that undertaking and to permit verification of 
pertinent data. Failure to comply with such requirements shall b e deemed to be a violation of the 
undertaking.  
2. In case of violation of undertakings by the exporter, the Directorate m ay prepare a report to 
the Minister or his Delegate to impose a provisional duty on the basis of the best information 
available and in  accordance with Article 36 of this Rules of Implementation. In such cases, 
definitive anti -dumping duties may be levied on goods entered for consumption not more than 
ninety (90) days before the application of such provisional measures, except that any su ch 
retroactive assessment shall not apply to imports entered before the violation of the undertaking.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  3. In case of violation of undertaking by the exporter, the Minister or his delegate may 
automatically apply the provisional duty or the definitive duty,  which has been imposed in 
accordance with the Rules of this Rules of Implementation provided that the exporter concerned 
has, except where that exporter has withdrawn the undertaking, been g iven an opportunity to 
comment.  
Chapter 5: Retroactivity  
Article 42 
1. Provisional measures and definitive anti -dumping duties shall only be applied to products, 
which enter for consumption after the time when the decision to impose the measure enters into 
force, subject to the exceptions set out in  paragraph 2 of this Article, and Articles 44 and 45 of this 
Rules of Implementation.  
2. The Minister or his delegate may, acting on a proposal submitted by the Advisory 
Committee, decides that anti -dumping duties be levied retroactively for the period for which 
provisional m easures have been applied, where:  
a. A final determination of material injury is made, or  
b. A final determination of a threat of material injury, where the effect of the dumped 
imports would, in the absence of the provisional measures, have led to a 
determination of material injury.  
Article 43  
1. If the definitive anti -dumping duty is higher than the provisional duty paid or payable, or the 
amount estimated for the purpose of the security, the difference shall not be collected. If the 
definitive duty is l ower than the provisional duty paid or payable, or the amount estimated for the 
purpose of the security, the difference shall be reimbursed or the duty recalculated, as the case 
may be.  
2. Where a final determination is negative, any cash deposit made during the period of the 
application of provisional measures shall be refunded and any bonds released in an expeditious 
manner.  
Article 44  
Except as provided in paragraph (2b) of Article 42, where a final determination of threat of 
material injury or mater ial retardation is made, but no injury has yet occurred, a definitive anti -
dumping duty may be imposed only from the date of the final determination of threat of material 
injury or material retardation of the establishment of a Domestic Industry , and any c ash deposit 
made during the period of the application of provisional measures shall be refunded and any bonds 
released in an expeditious manner.  
Article 45  
A definitive anti -dumping duty may be levied on products which were entered to the Country for 
consumption not more than ninety (90) days prior to the date of application of provisional 
measures, but not prior to the date of initiation of the  investigation, provided that:  
a. There is, for the product under investigation, a history of dumping over an ext ended 
period, or the importer was, or should have been, aware that the exporter practices 
dumping and that such dumping would cause injury; and  
b. The injury is caused by massive dumped imports in a relatively short period of time 
which, in light of the t iming and the volume of the dumped imports and other 
circumstances such as a rapid build -up of inventories of the imported product, is likely 
to seriously undermine the remedial effect of the definitive anti -dumping duty to be G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  applied, provided that the im porters concerned have been given an opportunity to 
comment.  
c. The Minister or his delegate may, after initiating an investigation, take such measures 
as the withholding of appraisement or assessment as may be necessary to collect 
anti-dumping duties ret roactively, as provided in this Article, once he has sufficient 
evidence that the conditions set forth  in this Article are satisfied.  
Chapter 6: Review of Anti -dumping Duties  
Article 46  
1. The Minister or his delegate shall review the need for the continued imposition of the 
definitive anti -dumping duties, where warranted, on his own initiative or at the request of 
Directorate, or on a proposal of the Advisory Committee or, provided that a r easonable period of 
time of at least one year has elapsed since the imposition of the definitive anti -dumping duties, 
upon a request by any interested party which submits positive information substantiating the need 
for such a review.  
2. The Directorate s hall publish a notice of initiation of the review in the Official Gazette or in 
the Country's two most popular daily newspapers.  
3. A proposal of actions shall be submitted by the Directorate to the Minister or his delegate 
not later than thirty (30) days  prior to the expiry of the impending review, including the following:  
a. A proposal to immediately terminate the antidumping duty if, as a result of the 
review, it has been determined that the anti -dumping duty is no longer warranted.  
b. A proposal to m aintain or amend the antidumping duty, if, as a result of the review, it 
has been determined that dumping and/or injury would be likely to continue or recur if 
the measures were removed.  
4. Any such review shall be carried out expeditiously and shall norma lly be concluded within 
twelve (12) months of the date of initiation of the review.  
Article 47  
1. A review shall be carried out for the purpose of determining individual margins of dumping 
for new exporters or producers in the exporting country in question  which have not exported the 
product to the Country during the period of investigation, provided that these exporters or 
producers can show that they are not related to any of the exporters or producers in the exporting 
country who are subject to the anti -dumping measures on the product.  
2. No anti -dumping duties shall be levied on imports from such exporters or producers while 
the review is being carried out. However, the Minister or his Delegate, may, upo n a proposal of the 
Directorate , withhold appraise ment and/ or request guarantees to ensure that, should such a 
review result in a determination of dumping in respect of such producers or exporters, anti -
dumping duties can be levied retroactively to the date of the initiation of the review.  
3. Such a revie w shall be initiated and carried out on an accelerated basis and shall normally 
be completed within nine (9) months of the date of initiation of the review. In any event, this 
review shall in all cases be concluded within twelve (12) months of initiation.  
Article 48  
1. The Minister or his delegate shall determine in a review initiated on his own initiative or on a 
proposal from the Advisory Committee or upon a duly substantiated request made by or on behalf 
of the Domestic Industry  no later than three (3) m onths before the end of the five -year period 
from the date of imposition of definitive duties that the expiry of the duty would be likely to lead to 
continuation or recurrence of dumping and injury.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  2. The anti -dumping duties shall remain in force pending  the outcome of that review.  
3. A proposal of actions shall be submitted by the Directorate to the Minister or his delegate 
not later than thirty (30) days prior to the expiry of the impending review, including the following:  
a. A proposal to terminate the antidumping duty if, as a result of the review, it has been 
determined that the anti -dumping duty is no longer warranted.  
b. A proposal to continue the imposition of the antidumping duty, if, as a result of the 
review, it has b een determined that the expiry of the duty would be likely to lead to 
continuation or recurrence of dumping and injury.  
4. Any such review shall be carried out expeditiously and shall normally be concluded within 
twelve (12) months of the date of initiatio n of the review.  
5. In carrying out investigations, interested parties shall be provided with the opportunity to 
amplify, rebut or comment on the matters set out in the review request, and conclusions shall be 
reached with due account taken of all relevant  and duly documented evidence presented in 
relation to the question as to whether the expiry of measures would be likely, or unlikely, to lead 
to the continuation or recurrence of dumping and injury.  
6. A notice of the initiation of the expiry review shal l be published in the Official Gazette or in 
the Country's two most popular daily newspapers.  
7. The Provisions this Article and Articles 47 and 48 shall apply mutatis mutandis  to price 
undertakings.  
Part 3  
Subsidy and Countervailing Measures  
Chapter 1  
Determination of Subsidy  
Article 49  
A subs idy shall be deemed to exist if:  
1. (A) There is a direct or indirect financial contribution, by a government or any public body in 
the country of origin or export, i.e. where:  
a. A government practice involves a direct transfer of funds ( e.g. grants, loans and 
equity infusion), potential direct transfers of funds or liabilities ( e.g. loan guarantees);  
b. Government revenue that is otherwise due is forgone or not collected ( e.g. fiscal 
incentives such as tax credit s);  
c. A government provides goods or services other than general infrastructure, or 
purchases goods;  
d. A government makes payments to a funding mechanism, or entrusts or entrusts or 
directs a private body to carry out one or more of the type of functio ns illustrated in 
(a) to (c) above which would normally be vested in the government and the practice, 
in no real sense, differs from practices normally followed by governments;  
Or 
(B) There is any form of income or price support in the sense of Article XV I of GATT 1994;  
And G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  2. A benefit is thereby conferred.  
Article 50  
1. A subsidy, as defined in Article 49 of this Rules of Implementation, shall be subject to 
countervailing measures only if such a subsidy is specific as defined in paragraphs 2, 3 and 4.  
2. In order to determine whether a subsidy is specific to an enterprise or industry or group of 
enterprises or industries (hereinafter referred to as certain enterprises) within the jurisdiction of 
the granting authority, the following principles shall app ly: 
a. Where the granting authority, or the legislation pursuant to which the granting 
authority operates, explicitly limits access to a subsidy to certain enterprises, such 
subsidy shall be specific;  
b. Where the granting authority, or the legislation pu rsuant to which the granting 
authority operates, establishes objective criteria or conditions governing the eligibility 
for, and the amount of, a subsidy, specificity shall not exist, provided that the 
eligibility is automatic and that such criteria and co nditions are strictly adhered to;  
c. If, notwithstanding any appearance of non -specificity resulting from the application of 
the principles laid down in points (a) and (b), there are reasons to believe that the 
subsidy may in fact be specific, other factor s may be considered. Such factors are:  
- Use of a subsidy program by a limited number of certain enterprises or 
predomi nant use by certain enterprises.  
- The granting of disproportionately large amounts of subsidy to certain 
enterprises; the manner in which discretion has been exercised by the granting 
authority in the decision to grant a subsidy. In applying this subparagraph, 
account shall be taken of the extent of diversification of economic activities 
within the jurisdiction of the granting authorit y, as well as of the length of time 
during which the subsid y program has been in operation.  
3. A subsidy which is limited to certain enterprises located within a designated geographical 
region within the jurisdiction of the granting authority shall be spec ific. The setting or changing of 
generally applicable tax rates by all levels of government entitled to do so shall not be deemed to 
be a specific subsidy for the purpose of this Rules of Implementation.  
4. Notwithstanding paragraphs 2 and 3, the following  subsidies shall be deemed to be specific:  
a. Subsidies contingent, in law or in fact, whether solely or as one of several other 
conditions, upon export performance.  
b. Subsidies contingent, whether solely or as one of several other conditions, upon the 
use of domestic over imported goods.  
Chapter 2  
Calculation of the Amount of the Subsidy  
Article 51  
As regards the calculation of the amount of countervailable subsidies, the following rules shall 
apply:  
1. Determination of the total amount of the counterva ilable subsidy in terms of the benefit 
conferred on the recipient, which is found to exist during the investigation period of 
subsidization.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  2. Determination of an individual countervailing duty rate for each known exporter or producer 
concerned of the product under investigation.  
3. In cases where the number of exporters, producers, importers or types of products involved 
is so large as to make such a determination impracticable to determine an individual 
countervailing duty rate for each known producer  or exporter concerned of the product 
under investigation, as per paragraph (2) of this Article, the Directorate may limit its 
examination to a reasonable number of interested parties or products by using samples 
which are statistically valid on the basis of information available at the time of the selection, 
or to the largest percentage of the volume of the exports from the country in question which 
can reasonably be investigated.  
4. Expenses and charges incurred in order obtain the countervailable subsidy  shall be deducted 
from the amount of the subsidy.  
5. The amount of the countervailable subsidy shall be calculated per unit of the subsidized 
product exported to the Country.  
Article 52  
As regards the calculation of benefit to the recipient, the followin g rules shall apply:  
1. Government provision of equity capital shall not be considered to confer a benefit, unless 
the investment can be regarded as inconsistent with the usual investment practice, including 
for the provision of risk capital, of private i nvestors in the territory of the country of origin 
and/or export;  
2. A Loan by a government shall not be considered to confer a benefit, unless there is a 
difference between the amount that the firm receiving the loan pays on the government loan 
and the am ount that the firm would pay for a comparable commercial loan, which the firm 
could actually obtain on the market. In that event, the benefit shall be the difference 
between these two amounts ; 
3. A loan guarantee by a government shall not be considered to confer 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 for a comparable 
commercial loan in the absence of the government gua rantee. In that case the benefit shall 
be the difference between these two amounts, adjusted for any differences in fees;  
4. The provision of goods or services or purchase of goods by a government shall not be 
considered to confer a benefit, unless the pro vision 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 
product or service in question in the count ry of export or purchase including price, quality, 
availability, marketability, transportation and other conditions of purchase or sale.  
Chapter 3  
Determination of Injury  
Article 53  
A determination of material injury shall be based on positive evidence and involve an objective 
examination of the following:  
1. The volume of subsidized imports and its effect on prices in the domestic market for like 
products and they can be determined by evaluating the following factors:  
A- With regard to the volume of the  subsidized imports, consideration shall be given to 
whether there has been a significant increase in subsidized imports, either in absolute 
terms or relative to production or consumption in the domestic market.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  B- With regard to the effect of the subsidiz ed imports on sales prices of the like product 
in the domestic market, consideration shall be given to whether:  
- There has been a significant price undercutting by subsidized imports when 
compared with the price of the domestic like product;  
- Whether th e effect of such imports is otherwise to depress prices to a significant 
degree; or  
- Whether the effect of such imports is to prevent price increases, which 
otherwise would have occurred, to a significant degree.  
C- No one or several of these factors can necessarily can necessarily give decisive 
guidance.  
2. The impact of the subsidized imports on the Domestic Industry  concerned, through an 
evaluation of all relevant economic factors and indices having a bearing on t he Country of 
the industry, including:  
A- Actual and potential decline in sales, profits, production, market share, productivity, 
return on investments, or utilization of capacity;  
B- Factors affecting domestic prices; actual and potential negative effects  on cash flow, 
inventories, employment, wages, growth, ability to raise capital or investments; and  
C- In the case of agriculture, whether there has been an increased burden on 
government support programmes.  
D- This list is not exhaustive, nor can any one or several of these factors necessarily give 
decisive guidance.  
3. The effect of the subsidized imports shall be assessed in relation to the production of the 
Domestic Industry  of the like product when available data permit separate identification of 
that production on the basis of criteria such as the production process and producers' sales 
and profits. If such separate identification of production is not possible, the evaluation of the 
impact of subsidized imports should be undertaken by searching in narr owest group or range 
of products which include the like product for which the necessary information can be 
provided.  
Article 54  
1. A determination of a threat of material injury on the  concerned Domestic Industry  shall be 
based on facts and not merely on a llegation, conjecture or remote possibility. The change in 
circumstances which would create a situation in which the subsidy would cause must have been 
clearly foreseen and must be imminent. In making such a determination, consideration should be 
given to factors such as:  
a. The nature of the subsidy in question and trade effects likely to arise therefrom;  
b. A significant rate of increase of subsidized imports into the domestic market indicating 
the likelihood of substantially increased imports;  
c. Wheth er there is sufficient freely disposable capacity on the part of the exporter or an 
imminent and substantial increase in such capacity indicating the likelihood of 
substantially increased subsidized exports to the domestic market, account being 
taken of th e availability of other export markets to absorb any additional exports;  
d. Whether imports are entering at prices that would, to a significant degree, depress 
prices or prevent price increases which otherwise would have occurred, and would 
probably incre ase demand for further imports;  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  e. Inventories of the product being investigated.  
2. No one of the factors listed above by itself can necessarily give decisive guidance, but the 
totality of the factors considered shall be such as to lead to the conclusion  that further subsidized 
exports are imminent and that, unless protective action is taken, material injury will occur.  
Article 55  
1. It must be demonstrated, from all the relevant evidence presented in relation to injury, that 
the subsidized imports are ca using injury to the Domestic Industry . 
2. Known factors other than the subsidized imports, which are injuring the Domestic Industry  
at the same time shall also be examined to ensure that the injury caused by those other factors is 
not attributed to the subsidized imports. Factors which may be considered in that respect include, 
inter alia :  
a. The volumes and prices of non -subsidized imports of the product under investigation;  
b. Contraction in demand or changes in the patterns of consumption;  
c. Trade restrictive practices of and competition between the foreign and domestic 
producers;  
d. Developments in technologies; and  
e. The export performance and productivity of the Domestic Industry . 
Article 56  
Where imports of a product from more than one country are simultaneously subject to 
countervailing duty investigation, the effects of such imports shall be cumulatively assessed o nly if 
it is determined that:  
1. The amount of countervailable subsidies established in relation to the imports from each 
country is more than de minimis ;  
2. The volume of subsidized imports from each country is not negligible; and  
3. A cumulative assessment of the effects of the imports is appropriate in light of the 
conditions of competition between imported products and the conditions of competition 
between the imported products and the like domestic product.  
Article 57  
A recommenda tion of an immediate termination of the investigation shall be made without 
imposing any measure in the following circumstances:  
1. Withdrawal of the complaint unless, such where termination is not in the interest of the 
Country.  
2. There is no sufficient  evidence for the existence of subsidy, injury, or causal link between 
them to justify the continuation of an investigation.  
3. When the amount of subsidy is de minimis , i.e. less than one percent (1%) ad valorem  and 
in case of a subsidy from a developing country, the overall level of subsidies granted upon 
the product in question does not exceed two percent (2%)  of its value calculated on a per 
unit basis.  
4. There shall be immediate termination of the investigation, where the volume of subsidized 
imports,  actual or potential is negligible.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  A- In cases of subsidized imports from developing countries, imports shall be considered 
to be negligible if the volume of the subsidized imports represents less than four 
percent (4%)  of the total imports of the product  under investigation in the Country, 
unless imports from developing countries whose individual shares of total imports 
represent less than four percent (4%)  collectively account for more than nine percent 
(9%) of the total imports of the product under inve stigation in the Country.  
B- In cases of subsidized imports from developed countries, imports shall be considered 
to be negligible if the volume of the subsidized imports represents less than one 
percent (1%)  of the total imports of the product under inve stigation in the Country, 
unless imports from developed countries whose individual shares of total imports 
represent less than one percent (1%)  collectively account for more than three percent 
(3%) of the total imports of the product unde r investigation in  the Country.  
Chapter 4  
Countervailing Measures  
Article 58  
1. The Minister or his delegate may, based on a recommendation of the Advisory Committee 
impose provisi onal countervailing measures if:  
a. An investigation has been initiated and public notice has been published in the Official 
Gazette or in the two most famous daily newspapers in the Country;  
b. Interested parties have been given adequate opportunity to submit information and 
make comments;  and 
c. A preliminary affirmative determination of subsidization has been made and 
consequent injury to the Domestic Industry ; and provisional measures are necessary 
to prevent injury being caused during the investigation. However, a preliminary 
negative d etermination of subsidization does not necessarily lead to terminate the 
investigation, but no provisional measures shall be imposed in such a case.  
2. Provisional countervailing measures may take the form of a provisional duty or, preferably, a 
security —by way of cash deposit or bond —not greater than the total amount of subsidization 
provisionally estimated. The provisional measures shall be imposed no earlier than 60 days from 
the initiation of the investigation.  
3. Provisional countervailing measures sh all be imposed f or a maximum period of 
four (4) months . 
Article 59  
1. Definitive countervailing measures shall be imposed by a decision of the Minister or his 
delegate; acting on a proposal submitted by the Advisory Committee and the amount of the 
countervailing duty shall not exceed the established total amount of subsidization.  
2. Definitive countervailing duties shall be imposed on imports from all sources found to be 
subsidized and caused injury to the Domestic Industry , with the exception of im ports from sources 
from which undertakings have been accepted.  
3. Whenever provisional countervailing measures are applied, a proposal to impose definitive 
countervailing measure shall be submitted to the Minister or his delegate not later than thirty (30)  
days before the expiry of the provisional measures.  
Article 60  
1. Any countervailing duty shall remain in force only as long as, and to the extent necessary to 
counteract subsidization which is causing injury.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  2. Any definitive countervailing duty shall b e terminated on a date not later than five (5) years 
from its imposition or from the date of the most recent review if that review has covered both 
subsidization and injury, unless it is determined, in a review initiated before that date, that the 
expiry o f the duty would be likely to lead to continuation or recurrence of subsidy and injury.  
Chapter 5  
Undertakings  
Article 61  
1. Upon the approval of the Minister or his delegate, the investigation may be suspended or 
terminated without the imposition of coun tervailing measures upon the Directorate's receipt of 
satisfactory voluntary undertakings under which:  
a. The government of the exporting country agrees to eliminate or limit the subsidy or 
take other measures concerning its effects; or  
b. The exporter und ertakes to revise its prices so that there is a satisfaction that the 
injurious effect of the subsidy is eliminated.  
2. Price undertakings shall not be sought or accepted unless a preliminary affirmative 
determination of subsidy and injury caused by such s ubsidization has been made.  
3. Undertakings offered need not be accepted if their acceptance is considered impractical, 
such as where the number of actual or potential exporters is too great, or for other reasons, 
including reasons of general policy. Shou ld the case arise and where practicable, the exporter shall 
be provided with the reasons that have led to consider that acceptance of an undertaking as 
inappropriate and shall, to the extent possible, be given an opportunity to make comments 
thereon.  
4. Parties which offer an undertaking shall be required to provide a non -confidential version of 
that undertaking, so that it may be made available to interested parties of the investigation on 
request.  
5. Undertakings may be suggested by the Directorate, but no exporter shall be forced to enter 
into such undertakings. The fact that exporters do not offer such undertakings, or do not accept an 
invitation to do so, shall in no way prejudice the consideration of the case. However, the 
Directorate is free to deter mine that a threat of injury is more likely to be realized if the subsidized 
imports continue.  
Article 62  
1. Price increases under such undertakings shall not be higher than necessary to offset the 
amount of subsidization. Price undertakings shall remain in force only as long as they are 
necessary to eliminate the injurious effect of the subsidization.  
2. If price undertakings are accepted, the investigation of subsidization and injury shall 
nevertheless be completed if the concerned party to the undertaki ng so desires or the Directorate 
so decides.  In such a case : 
a. If a negative determination of subsidization or injury is made by the Directorate, the 
undertaking shall automatically lapse. Except in cases where such a determination is 
due in large part to the existence of an undertaking. In such cases, it may be requi red 
that an undertaking be maintained for a reasonable period consistent with the 
provisions of this Rules of Implementation.  
b. In the event that an affirmative determination of subsidization and injury is made by 
the Directorate, the undertaking shall co ntinue consistent with its terms and the 
provisions o f this Rules of Implementation.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article 63  
1. Exporters or Government of exporting countries from whom an undertaking has been 
accepted shall provide periodically to the Directorate information relevant to the fulfillment of that 
undertaking and to permit verification of pertinent data. Failure to comply with such requirements 
shall be deemed to be a violation of the undertaking.  
2. In case of violation of undertakings by the exporter or the Government o f the exporting 
country, the Directorate may prepare a report to the Minister or his Delegate to impose a 
provisional duty on the basis of the best information available and in accordance with Article 58 of 
this Rules of Implementation. In such cases, defi nitive countervailing duties may be levied on 
goods entered for consumption not more than ninety (90) days before the application of such 
provisional measures, except that any such retroactive assessment shall not apply to imports 
entered before the violat ion of the undertaking.  
3. In case of violation of an undertaking by the exporter or the Government of the exporting 
country, the Minister or his delegate may automatically apply the provisional duty or the definitive 
duty, which has been imposed in accor dance with this Rules of Implementation provided that the 
exporter or the Government of the exporting country concerned has, except in the case of 
withdrawal of the undertaking by that exporter or country, been g iven an opportunity to comment.  
Chapter 6  
Retroactivity  
Article 64  
1. Provisional measures and definitive countervailing duties shall only be applied to products 
that enter for consumption after the time when the decision to impose the measure enters into 
force, subject to the exceptions set out in  paragraph 2 of this Article and Articles 66 and 67 of this 
Rules of Implementation.  
2. The Minister or his delegate may, acting on a proposal submitted by the Advisory 
Committee, decides that countervailing duties be levied retroactively for the period fo r which 
provisional measures have been applied, where:  
a. A final determination of material injury is made, or  
b. A final determination of a threat of material injury, where the effect of the subsidized 
imports would, in the absence of the provisional mea sures, have led to a 
determination of material injury.  
Article 65  
1. If the definitive countervailing duty is higher than the provisional duty paid or payable, or 
the amount estimated for the purpose of the security, the difference shall not be collected. If the 
definitive duty is lower than the provisional duty paid or payable, or the amount estimated for the 
purpose of the security, the difference shall be reimbursed or the duty recalculated, as the case 
may be.  
2. Where a final determination is negative , any cash deposit made during the period of the 
application of provisional measures shall be refunded and any bonds released in an expeditious 
manner.  
Article 66  
Except as provided in paragraph (2b) of Article 64, where a final determination of threat of  
material injury or material retardation is made, but no injury has yet occurred, a definitive 
countervailing duty may be imposed only from the date of the final determination of threat of 
material injury or material retardation of the establishment of a Domestic Industry , and any cash 
deposit made during the period of the application of provisional measures shall be refunded and 
any bonds released in an expeditious manner.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article 67  
A definitive countervailing duty may be levied on products which were entered to the Country for 
consumption not more than ninety (90) days prior to the date of application of provisional 
measures, but not prior to the date of initiation of the investigati on, provided that:  
a. The injury which is difficult to repair is caused by massive imports in a relatively short 
period of a product benefiting from subsidization under the terms of this Rules of 
Implementation; and  
b. It is deemed necessary, in order to  preclude the recurrence of such injury, to assess 
countervailing duties retroactively on those imports.  
Chapter 7  
Review of Countervailing Measures  
 
Article 68  
1. The Minister or his delegate shall review the need for the continued imposition of the 
definitive countervailing duties, where warranted, on his own initiative or at the request of 
Directorate, or on a proposal of the Advisory Committee or, provided that a reasonable period of 
time of at least one year has elapsed since the imposition of the def initive countervailing duties, 
upon a request by any interested party which submits positive information substantiating the need 
for such a review.  
2. The Directorate shall publish a notice of the initiation of the review in the Official Gazette or 
in the  Country's two most popular daily newspapers.  
3. A proposal of actions shall be submitted by the Directorate to the Minister or his delegate 
not later than thirty (30) days prior to the expiry of the impending review, including the following:  
a. A propos al to immediately terminate the countervailing duty if, as a result of the 
review, it has been determined that the countervailing duty is no longer warranted.  
b. A proposal to maintain or amend the countervailing duty, if, as a result of the review, 
it has been determined that subsidization and/or injury would be likely to continue or 
recur if the measures were removed.  
4. Any such review shall be carried out expeditiously and shall normally be concluded within 
twelve (12) months of the date of initiation of the review.  
Article 69  
1. A review shall be carried out for the purpose of determining an individual countervailing duty 
rate for new exporters or producers in the exporting country in question which have not exported 
the product to the Country during t he period of investigation, provided that these exporters or 
producers can show that they are not related to any of the exporters or producers in the exporting 
country who are subject to the countervailing measures on the product.  
2. No countervailing dut ies shall be levied on imports from such exporters or producers while 
the review is being carried out. However, the Minister or his delegate, may, upon a proposal of the 
Directorate, withhold appraisement and/ or request guarantees to ensure that, should su ch a 
review result in a determination of subsidization in respect of such producers or exporters, 
countervailing duties can be levied retroactively to the date of the initiation of the review.  
3. Such a review shall be initiated and carried out on an accel erated basis and shall normally 
be completed within nine (9) months of the date of initiation of the review. In any event, this 
review shall in all cases be concluded within twelve (12) months of initiation.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article 70  
1. The Minister or his delegate shall  determine in a review initiated on his own initiative or on a 
proposal from the Advisory Committee or upon a duly substantiated request made by or on behalf 
of the Domestic Industry  no later than three (3) months before the end of the five -year period 
from the date of imposition of definitive duties that the expiry of the duty would be likely to lead to 
continuation or recurrence of subsidization and injury.  
2. The countervailing duties shall remain in force pending the outcome of that review.  
3. A propo sal of actions shall be submitted by the Directorate to the Minister or his Delegate 
not later than thirty (30) days prior to the expiry of the impending review, including the following:  
a. A proposal to terminate the countervailing duty if, as a result o f the review, it has 
been determined that the countervailing duty is no longer warranted.  
b. A proposal to continue the imposition of the countervailing duty, if, as a result of the 
review, it has been determined that the expiry of the duty would be likel y to lead to 
continuation or recurrence of subsidization and injury.  
4. Any such review shall be carried out expeditiously and shall normally be concluded within 
twelve (12) months of the date of initiation of the review.  
5. In carrying out investigations,  interested parties shall be provided with the opportunity to 
amplify, rebut or comment on the matters set out in the review request, and conclusions shall be 
reached with due account taken of all relevant and duly documented evidence presented in 
relation  to the question as to whether the expiry of measures would be likely, or unlikely, to lead 
to the continuation or recurrence of subsidization and injury.  
6. A notice of the initiation of the expiry review shall be published in the Official Gazette or in 
the Country's two most popular daily newspapers.  
7. The Provisions this Article and Articles 68 and 69 shall apply mutatis mutandis  to 
undertakings.  
Part 4  
Safeguard Measures  
Chapter 1  
Determination of Injury  
Article 71  
1. A safeguard measure may be applied to a product imported into the Country, irrespective of 
its source, if it is determined that such product is being imported in such increased quantities,  
absolute or relative to domestic production, and under such conditions as to cause or threaten to 
cause serious injury to the Domestic Industry  that produces like or directly competitive products.  
2. A determination of whether the increase of imports has caused or are threatening to cause 
serious injury to the Domestic Industry  shall evaluate all relevant factors of an objective and 
quantifiable nature having a bearing on the situation of the Domestic Industry , in particular, the 
following factors:  
a. The rate and amount of the increase in imports of the product under investigation, in 
absolute or relative to the domestic production.  
b. The share of the domestic market taken by increased imports, changes in the level of 
sales, production, productivity, ca pacity utilization, inventory, profits and losses, and 
employment.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  3. The investigation shall demonstrate, based on objective evidence, the existence of the 
causal link between increased imports of the product under investigation and serious injury or 
threat thereof. When factors other than increased imports are causing injury to Domestic Industry  
at the same time, such injury shall not be attributed to increased imports.   
Article 72  
1. A determination of the existence of threat of serious injury on the Domestic Industry  shall 
be based on facts and not merely on allegation, conjecture or remote possibility.  
2. When determining a threat of serious injury, the following factors should be taken into 
consideration:  
a. The rate of increase of imports into the do mestic market indicating the likelihood of 
substantially increased imports  
b. Sufficient freely disposable capacity in the exporting countries or an imminent, 
substantial increase in such capacity indicating the likelihood of substantially increased 
export s to the domestic market  
c. The availability of other export markets, excluding the domestic market, that absorb 
any additional exports  
d. Any other factor deemed relevant.  
Chapter 2  
Application of Safeguard Measures  
Article 73  
In critical circumstances, where delay would cause damage which it would be difficult to repair, the 
Minister or his delegate based on the Advisory Committee's recommendation, may take a 
provisional safeguard measure pursuant to a preliminary determination  that there is clear evidence 
that increased imports, absolute or relative to domestic production, have caused or are 
threatening to cause serious injury to the Domestic Industry . 
Article 74  
The provisional safeguard measure shall take the form of tariff i ncreases. Due account shall be 
taken of the following:  
1. The duration of the provisional safeguard measure shall not exceed two hundred (200) days, 
during which period the pertinent requirements of the safeguard investigation according to 
this Rules of Im plementation shall be met.  
2. Any amount collected as a provisional safeguard measure shall be promptly refunded, if the 
subsequent investigation does not determine that increased imports have caused or 
threatened to cause serious injury to the Domestic I ndustry .  
Article 75  
1. The Advisory Committee may, on the basis of the Directorate's affirmative determination 
that the product under investigation is being imported in such increased quantities, absolute or 
relative to domestic production, and under such  conditions as to cause or threaten to cause 
serious injury to the Domestic Industry , and where it considers it appropriate, suggest to the 
Minister or his delegate the application of definitive safeguard measures in the form of quantitative 
restrictions a nd/or tariff increases or any other measure, taking into consideration that the 
definitive safeguard measure shall only applied to the extent necessary to prevent or remedy 
serious injury to the Domestic Industry  and to facilitate adjustment.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  2. If a quan titative restriction is used, such a measure shall not reduce the quantity of imports 
below the level of a recent period which shall be the average of imports in the last three (3) 
representative years for which statistics are available, unless clear justi fication is given that a 
different level is necessary to prevent or remedy serious injury to the Domestic Industry .   
3. In cases in which a quota is allocated among supplying countries, an agreement may be 
sought with respect to the allocation of shares i n the quota with all other countries having a 
substantial interest in supplying the product under investigation.  
4. In cases in which the method mentioned paragraph (3) above is not reasonably practicable, 
the quota's allocation to countries having a subst antial interest in supplying the product under 
investigation shall be based upon the proportions, supplied by such countries during a previous 
representative period, of the total quantity or value of imports of the product under investigation 
and due accou nt shall be taken of any special factors which may have affected or may be affecting 
the trade in the product under investigation.  
5. The allocation of the quota may be made on different bases than those envisaged under 
paragraphs 3 and 4 above, provided that consultations are conducted under the auspices of the 
Organization's Advisory Committee on Safeguards and that clear demonstration is provided to the 
Advisory Committee that:  
a. Imports from certain countries have increased in a disproportionate perc entage in 
relation to the total increase of imports of the product under investigati on in the 
representative period;  
b. The reasons for the departure from the methodology set out in paragraphs 3 and 4 
above are justified; and  
c. The conditions of such depa rture are equitable to all suppliers of the product under 
investigation.  
6. The duration of any measure applied under paragraph 5 above shall not be extended beyond 
the initial period in accordance with Article 77 of this Rules of Implementation.  
Article 76 
Safeguard measures shall not be applied against a product originating in a developing country 
Member of the organization as long as its share of imports of the product under investigation into 
the Country does not exceed three percent (3%), provided tha t developing country Members with 
less than three percent (3%) import share collectively account for not more than nine percent 
(9%) of total imports of t he product under investigation.  
Chapter 3  
Duration of Definitive Safeguard Measures  
Article 77  
1. The period of application of a definitive safeguard measure shall not exceed four (4) years, 
which may be extended to not more than (10) years. The total period of application of a safeguard 
measure shall include the period of application of any provisiona l measure, the period of initial 
application and any extension thereof in accordance with this Rules of Implementation.  
2. No safeguard measure shall be applied again to the import of a product which has been 
subject to such a measure, for a period of tim e equal to one -half that during which such measure 
had been previously applied, provided that the period of non -application is at least two (2) years.  
3. Notwithstanding the provisions of paragraph 2 above, a safeguard measure with a duration 
of one hundr ed and eighty (180) days or less may be applied again to the import of a product if:  
a) At least one year has elapsed since the date of introduction of a safeguard measure 
on the import of that product; and  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  b) Such a safeguard measure has not been applied on the same product more than twice 
in the five (5) year period immediately preceding the date of introduction of the 
measure.  
Article 78  
1. The Extension of the definitive safeguard measure is subject to an investigation conducted in 
conformity with the p rovisions set forth in Chapters 2 and 4 of this Rules of Implementation, that 
the safeguard measure continues to be necessary to prevent or remedy serious injury, and that 
there is evidence that the Domestic Industry  is adjusting.  
2. In a situation where the duration of the definitive safeguard measure is over one year, the 
measure shall be progressively liberalized at regular intervals during the period of application. If 
the duration of the measure exceeds three (3) years, the situation shall be reviewed  not later than 
the mid -term of the measure, and, if appropriate, it should be withdrawn or its pace of 
liberalization increased.  
Part 5 
Advisory Committee  
Article (79)  
Meetings of the Advisory Committee  
1. The Advisory Committee shall meet one time every two months, at the invitation of the 
Directorate, specifying the venue and date of the meeting, two weeks prior to the scheduled date 
of the meeting.  
2. The Advisory Committee may hold extraordinary meetings upon its own decision or at the 
request of one o f its members with the support of another member explaining the reasons and the 
subject matter of the request for holding the extraordinary meeting. The Directorate shall 
determine the venue, time and agenda of the extraordinary meeting.  
3. The Directorate  may determine the date of the meeting based on the developments of the 
complaints and investigations. Such meetings must not be postponed in a manner, which impedes 
the application of the provisions of the law and its Rules of Implementation.  
4. Any membe r may request to host the meeting of the Advisory Committee and the 
Directorate shall invite the members of the Advisory Committee to that meeting specifying its 
location and date.  
5. The meeting of the Advisory Committee shall be valid if attended by two third of its 
members. In the event that the quorum is not met, the meeting may be held after five (5) working 
days and in this situation, the quorum is met if the majority of its members attends the meeting.  
6. In the event that it is impossible to hold t he regular or the extraordinary meeting of the 
Advisory Committee on the date specified by the Directorate, a circular recommendation can be 
passed by the Advisory Committee. Due account is taken of the following:  
a. the number of circular recommendations  must not exceed four times a year.  
b. the agreement of the members of the Advisory Committee by majority that the case 
which requires the issuance of the decision by circular recommendation is urgent and 
a delay might cause damage which would be difficult to repair.    
c. providing the members  of the Advisory Committee with a copy of the circular 
resolution and all related documents.  
d. the adoption of the circular resolution by not less that the majority of the me mbers of 
the Advisory Committee.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  e. the circular resolution shall come into effec t once it has been signed by the majority of 
the members of the Advisory Committee.  
f. the circular resolution shall be submitted for the next meeting of the Advisory  
Committee in order to be included in the minutes of the meeting.  
Article (80)  
1. The Di rectorate shall send the draft agenda of the meeting and its related documents two 
weeks before the date of the meeting.  
2. Members of the Advisory Committee may submit to the Directorate their proposals for 
subjects they wish to be included on the agenda of the meeting not beyond a week prior to the 
date of the meeting, provided that the request shall clarify the subject to be included as well as 
what is required from the Advisory Committee.  
3. A member of the Advisory Committee and the Directorate may request the inclusion of 
additional items on the agenda of the meeting if they are of significant importance and urgency 
until the beginning of the meeting and shall be included under new items.  
4. The Advisory Committee shall adopt its agenda at the beginning of the meeting.  
Deliberations of the Advisory Committee  
Article (81)  
1. The Chairman of the Advisory Committee shall preside the meetings and, in the case of any 
impediment to do so, the meeting shall be presided by his delegate.  
2. The Chairman of the Advisory Committee shall announce the opening and closing of the 
meeting, the suspension of the meeting and the closure of the discussion. He shall maintain order 
and the proper functioning of the Advisory Committee.  
3. The Chairman of the Advisory Committee shall manage the deliberations and participation in 
the concerned matters according to the agenda of the meeting or as it might be necessary.  
4. Each member shall have the right during th e deliberations to raise systemic matters and 
shall be decided immediately by the Chairman of the Advisory Committee and his decision shall be 
effective unless the majority of the attendees disagree.  
5. The Directorate shall present the issues on the agend a of the meeting and may participate in 
the deliberations.  
6. Members of the Advisory Committee express their views and comments in respect of the 
issues on the agenda of the meeting and then vote them.  
7. The deliberations of the Advisory Committee shall be kept confidential and not disclosed to 
the public.  
Article (82)  
1. Each Authority represented in the Advisory Committee, including the Chairman of the 
Advisory Committee, has one vote.  
2. No member of the Advisory Committee may represent another member or vote on behalf of 
another member.  
3. Votes are taken on a show of hands by the members of the Advisory Committee or by 
calling the names of the members in accordance with the commonly agreed order of the federal 
and local authorities in the Country prov ided that the vote shall start with the local authorities.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  4. The vote shall not be interrupted once the Chairman of the Advisory Committee announces 
its commencement for any systemic reason related to the vote.  
5. Any member of the Advisory Committee may  upon his demand and after the termination of 
the vote provide any comment or explain its dissenting vote or his position regarding the systemic 
issues referenced in paragraph (4) above and shall be recorded in writing in the minutes of 
meeting.  
Article ( 83) 
1. The recommendations of the Advisory Committee shall be made by the majority of the 
members present. If there is a tie vote, the Chairman of the Advisory Committee shall have the 
casting vote.  
2. The vote of the Advisory Committee members shall be ke pt confidential except if there is an 
express consent of members to make it public.  
3. The Directorate shall present the reports and recommendations of the Advisory Committee 
to the Minister or his delegate in order to issue the decision based on the recom mendations of the 
Advisory Committee.  
Article (84)  
Management of the work of the Advisory Committee  
1. The Directorate shall organize the work of the Advisory Committee, as follows:  
a. Prepare the meetings of the Advisory Committee.  
b. Receive and circulate documents and reports, which are relevant to the work of the 
Advisory Committee and keeping copies thereof.  
c. Record and circulate the minutes of the meetings of the Advisory Committee and its 
recommendations, as well as keeping copies thereof.  
d. Organize relations with the media in accordance with the applicable Rules of 
Implementations of the Ministry.  
e. Submit the recommendations of the Advisory Committee and the relevant reports to 
the Minister or his delegate.  
f. Serve as the Rapporteur of  the Advisory Committee.  
2. The minutes of meetings of the Advisory Committee shall be signed at the end of each 
meeting by the Chairman, members of the Advisory Committee present at the meeting and the 
Directorate as Rapporteur of the Advisory Committee.  
Section III  
International Trade practices that are injurious to the GCC Industry  
Article (85)  
1. The GCC industry is protected from the injurious practices in international trade as stated in 
Article 15 of the Law, and in doing so, the procedural and subst antive rules stipulated in the 
Common Law and Sections I, II, III and IV of this Rules of Implementation shall be followed.  
2. The GCC competent Authorities shall apply the procedural and substantive rules provided in 
this Rules of Implementation to prote ct the GCC industry from the injurious practices in 
international trade in accordance with Articles (86) and (87) of this Rules of Implementation.  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Article (86)  
GCC Competent Authorities in charge of investigating international trade  
practices that are injurious to the GCC industry  
For the purpose of protecting GCC industry from the injurious practices in international trade in 
accordance with the Common Law, the Law and this Rules of Implementation, the GCC Competent 
Authorities exercise their function s as follows:  
1. The Ministerial Committee as well as the Permanent Committee and the Bureau of the 
Technical Secretariat are respectively competent as stated in Article (87) of this Rules of 
Implementation to undertake investigations of injurious practice s in international trade to 
the GCC industry.  
2. The Bureau of the Technical Secretariat is competent to receive complaints against injurious 
practices in International Trade to the GCC Industry and to examine all related requirements 
and undertake all rel evant investigations against injurious practices in International Trade to 
the GCC Industry as well as all pertinent reviews.  
3. The Permanent Committee is competent to take measures set forth against injurious 
practices in International Trade to the GCC I ndustry, including the imposition of provisional 
measures, acceptance of price undertakings and proposing to the Ministerial Committee the 
imposition of definitive anti -dumping duties, definitive countervailing measures or definitive 
safeguard measures.  
4. The Ministerial Committee is competent to approve the imposition of definitive trade remedy 
measures against injurious practices in International Trade to the GCC Industry or 
extension, suspension, or termination of these measures, or increase or decrease  of 
definitive anti -dumping and countervailing duties.  
Article (87)  
For the purpose of implementing the provisions of this Rules of Implementation against 
International Trade practices that are injurious to the GCC Industry, the following terms and 
expres sions shall be replaced wherever used in this Rules of Implementation with its corresponding 
meaning as stated in the following:  
1. GCC Market in place of National Market.  
2. GCC Industry in place of National Industry.  
3. Member States in place of the Country.  
4. Official Bulletin in place of Official Gazette.  
5. Director -General of the Bureau of the Technical Secretariat in place of the Director of the 
Directorate.  
6. The Bureau of the Technical Secretariat in place of the Directorate referred to in Ar ticles (2, 
3, 4, 5, 7, 8, 9, 10, 11, 12, 15, 16, 18, 20, 21, 22, 36, 39, 40, 41, 46/2, 47, 61, 62, 63, 
68/2, 69, 75 and 95).  
7. The Bureau of the Technical Secretariat in place of the Advisory Committee referred to in 
Articles (46/1, 48/1, 68/1, 70, and 73 ). 
8. Member State in place of the Directorate referred to in Articles (46/1 and 68/1).  
9. The Ministry overseeing the relevant industrial sector in any of the Member States in place 
of the Advisory Committee referred to in Article (2/4).  G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  10. The Permanent  Committee in place of the Directorate referred to in Articles (46/3, 48/3, 
68/3 and 70/3).  
11. The Permanent Committee in place of the Minister referred to in Articles (2, 4, 6, 9, 21, 22, 
23, 36, 39, 40, 41, 45, 46/1, 47, 48/1, 58, 61, 62, 63, 68, 69/2, 70/1, 73 and 95).  
12. The Permanent Committee in place of the Advisory Committee referred to in Articles (3, 37, 
42, 59, 64 and 75/1).  
13. The Ministerial Committee in place of the Minister referred to in Articles (37, 42, 46/3, 48/3, 
59, 64, 68/3, 70/3, a nd 75/1).  
Article (88)  
The Bureau of the Technical Secretariat shall provide notifications required under the WTO 
agreements on anti -dumping, subsidy and countervailing measures, and safeguards pertaining to 
investigations against injurious practices in in ternational trade to the GCC industry in accordance 
with the relevant provisions of such agreements through the presidency of the member States.  
Article (89)  
The Bureau of the Technical Secretariat issues an Official Gazette where it publishes all 
publica tions required under the Common Law and this Rules of Implementation pertaining to 
investigations against injurious practices in international trade to the GCC industry.  
Article (90)  
Measures taken in accordance with the Common Law and this Rules of Imple mentation against 
injurious practices in international trade to the GCC industry shall be applied on products imported 
into any Member State that have issued customs declaration. An antidumping or a countervailing 
or a safeguard proceeding shall not hinder  the procedures of customs clearance.  
Article (91)  
1- In exceptional circumstances, the GCC industry may be interpreted as the local producers in 
different markets or areas within the GCC member States if the producers within such a market or 
area sell al l or almost all of their production of the product in question in this market and it 
appears that the demand in this area or market is not substantially covered by the producers of 
the like product elsewhere in other GCC markets or areas.  
2- In such circumstances, injury may be found to exist even where the rest of the Domestic 
Industry  of the like product in other markets or GCC member State are not injured, provided that 
there is a concentration of dumped or subsidized imports in question in  that area or such isolated 
market and provided further that imports are causing injury to the producers of all or almost all of 
the production within this market.  In case of safeguard investigation, serious injury or threat 
thereof shall be based on the c ircumstances existing in country(ies), in which the affected industry 
is located.  
Article (92)  
The Ministry shall periodically provide the Bureau of Technical Secretariat with a statistical 
statement of the value of the collected anti -dumping, countervaili ng and safeguard measures 
duties imposed in accordance with Article (15) of the Law.  
Article (93)  
Administrative and judicial review of the decisions taken against  
international trade practices that are injurious to the GCC industry  
 
Any interested party who participated in the investigation and is directly and individually affected 
by final determinations taken by the GCC Competent Authorities in respect of injurious practices in 
international trade to the GCC industry in accordance w ith the Common Law and this Rules of G/ADP/N/1/ARE/2/Suppl.1 • G/SCM/N/1/ARE/2/Suppl.1 • G/SG/N/1/ARE/2/Suppl.1  
 
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  Implementation shall lodge an administrative review and appeal the above mentioned final 
determinations in line with the procedures, deadlines and any related conditions as stated in the 
Common Law.  
Section IV  
General Provisions  
 
Article (94)  
 
The provisions of the WTO Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994, the WTO Agreement on Subsidies and Countervailing Measures and 
WTO Agreement on Safeguards shall be applied on  matters, which are not expressly dealt with in 
this Rules of Implementation.  
Article (95)  
The Minister or his delegate may upon a recommendation of the Directorate initiates a 
circumvention investigation on the basis of sufficient evidence showing that ci rcumvention of the 
antidumping or countervailing duties in force is taking place.  
Article (96)  
This Rules of Implementation shall be published in the Official Gazette and come into effect the  
day following its publication.  
 
Mohammed bin Rashid Al Maktoum  
Prime Minister  
Promulgated by us:  
Date: 21 Jumada a Alakhera 1439 H  Corresponding to: 15 March 2018.  
 
 
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