G/ADP/N/1/MDG/2  
G/SCM/N/1/MDG/1  
G/SG/N/1/MDG/2  
20 November  2018 
(18-7277) Page: 1/34 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  French  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
MADAGASCAR  
The following communication, dated 8 October 2 018, has been received from the Permanent Mission 
of Madagascar.  
 
_______________  
 
 
The Permanent Mission of the Republic of Madagascar to the United Nations Office and Specialized 
Agencies at Geneva presents its compliments to the World Trade Organization and, pursuant t o 
Article 18.5 o f the WTO Anti -Dumping Agreement, Article 32.6 of the Agreement on Subsidies and 
Countervailing Measures, and Article 12.6 of the Agreement on Safeguards , hereby notifies the 
following relevant legislative and regulatory texts : 
 
• Article 7 of Law No. 2018 -020 of 23 August 2 018 revising the law on  competition ; 
• Decree No. 2017 -695 of 16 August 2 017 establishing applicable  trade remedy  
procedures . 
In accordance with Articles  16.5(b) and 18.5 of the Agreement on Implementation of Article VI of 
the General Agreement on Tariffs and Trade 1994 , Articles 25.12(b) and 32.6 of the Agreement on 
Subsidies and Countervailing Measures and Article 12.6 of the Agreement on Safeguards, the 
Government of Madagascar  has adopted regulations  on trade remedies , specifically Decree 
No. 2017-695 of 16 August 2 017 establishing applicable  trade remedy procedures . 
 
The Permanent Mission of the Republic of Madagascar to the United Nations Office and Specialized 
Agencies at Geneva thanks the World Trade Organization for its cooperat ion and takes this 
opportunity to renew the assurances of its highest consideration . 
  G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  OFFICE OF THE PRESIDENT OF THE REPUBLIC  
LAW No. 2018 -020 
revising the  law on  competition  
Article 7 : Within the limitative framework  of the implementation of international agreements and 
conventions to which Madagascar is a party, a trade remedies authority may, upon completion of an 
investigation initiated and conducted by such authority, take anti-dumping, countervailing or 
safeguard measures to protect domes tic producers or industries . 
 
The procedures for investigation s into the appropriateness of measures to be taken, whether 
initiated on the investigating authority's own initiative or on the basis of an application filed by the 
affected  industry, shall be defined by regulation . 
 
_______________  
 
 
  G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  MINISTRY OF TRADE AND CONSUMER AFFAIRS  
 
Decree No. 2017 -695 
establishing applica ble trade remedy procedures  
 
THE PRIME MINISTER AND HEAD OF GOVERNMENT , 
 
Having regard to  the Constitution ; 
 
Having regard to  Law No. 95-008 of 1 0 July 1 995 authorizing ratification of the Agreement 
Establishing the  World Trade Organization ; 
 
Having regard to Decree No. 95-555 of 2 2 August 1 995 ratifying the Agreement Establishing the  
World Trade Organization ; 
 
Having regard to Decree No. 2014-1726 of 19 December 2 014, as amended by Decree No. 2016-823 
of 5 July 2 016, on the establishment, organization and functioning of the National Trade Remedies 
Authority ; 
 
Having regard to Decree No. 2016-250 of 10 April 2 016 appointing the Prime Mi nister and Head of 
Government ; 
 
Having regard to Decree No. 2016-265 of 15 April 2 016, as amended and supplemented by Decrees 
No. 2016-460 of 11 May 2 016, No. 2016-1147 of 22 August 2 016, No. 2017-148 of 2 March 2 017, 
No. 2017-262 of 20 April 2017, and No. 2017-590 of 17 July 2 017, appointing members of the 
Government ; 
 
Having regard to Decree No. 2014-296 of 13 May 2 014 defining the responsibilities  of the Minister 
of Trade and Consumer Affairs and the overall organizational  structure  of the Ministry ; 
 
On a proposal by the Minister of Trade and Consumer Affairs , 
 
In Government  Council , 
 
HEREBY DECREES : 
 
TITLE I: GENERAL AND COMMON PROVISIONS  
 
Chapter 1 : Purpose and d efinitions  
 
Article 1 - Purpose  
 
The purpose of this Decree is to set out : 
 
a. the terms and  conditions under  which a  trade remed y investigation must be conducted in 
order to apply , as applicable, an anti -dumping, countervailing or safeguard measure ; 
b. the terms  and conditions for applying a trade remedy . 
Article 2 - Definitions  
 
For the purposes of this Decree, the following definitions shall apply : 
 
- Competent A uthori ty: the National  Trade Remedies  Authority . 
- Determination : the stage o f an investigation that consists of  demonstrating whether or not 
facts exist on the basis of which to impose a trade remedy . 
- Investigation : the process during which the Competent A uthority  collects and verifies , by all 
necessary means  and from interested parties, public or private bodies and any other reliable 
source , information and data relevant to the examinatio n of an application , and which 
enables it to determine  whether or not to impose a trade remedy . G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  - Anti-dumping measure : any measure applied to a dumped imported product and aimed at 
offsetting the margin of dumping or correcting the injurious effect of the d umping on a 
domestic industry.  
- Countervailing measure : any measure aimed at offsetting any bounty or subsidy bestowed, 
directly, or indirectly, upon the manufacture, production or export of any merchandise to 
Madagascar . 
- Safeguard measure : any measure applied to products imported  into the territory of 
Madagascar in increased quantities  in order to give domestic industries time to adapt to the 
conditions of competition and improve their competitiveness . 
- Interested parties : 
 
a. The exporter or foreign produc er of the product under consideration , the importer of that 
product within  the national territory, or a trade or business association , whether domestic 
or foreign, a  majority of the members of which produce, export or import that  product . 
b. The government of  the exporting country of the product under consideration . 
c. The domestic producer of the product like the product under consideration or  a trade or 
business association a majority of the members of which produce  the product  like the 
product under consideration . 
d. Any other domestic or foreign party not included in the aforementioned categories that 
demonstrates , to the Competent Authority , its interest in an investigation  that has been  
initiated . 
- Product under consideration : the imported product under investigat ion that is alleged to be 
the subject of dumping or  a specific subsidy , or imports of which have increased . 
- Like product : the product identical in all respects to the product under consideration, 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 consideration.  
 
Chap ter 2 - Princip les 
 
Article 3  
 
Without prejudice to  any other action to trigger  an investigation provided for under exi sting laws , 
an investigation may be initiated and conducted on the basis of a written application made by the 
adversely affected  domestic industry and sent to the Competent Authority in the form and under the 
conditions  specified in this Decree.  
 
In the ab sence of a request from a domestic industry, the Co mpetent Authority may only ini tiate an 
investigation if it has sufficient evidence of dumping, a specific subsidy or an increase in imports, 
injury and a causal link  to justify the initiation of  an investigation.  
 
Article 4  
 
The Competent A uthority shall examine the application  and expressly rule  on its admissibility . The 
applicant shall be notified of the acceptance or inadmissibility  of the application , and if it is 
inadmissible, the Authority must provide substantiation thereof . 
 
Article 5  
 
In all cases where the Competent Authority decides to initiate an investigation, it must publish a 
notice of initiation of investigation in at least two newspapers authorized to receive legal notices.  
The notice of initiation of investigation must indicate , inter alia : 
 
a. a full description of the product under consideration, including its technical characteristics 
and uses ; G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  b. the name of the country or countries exporting  the prod uct under consideration ; 
c. the date of initiation of the investigation ; 
d. the basis on which  dumping, subsidization  or increase d imports  are alleged  in the 
application ; 
e. a summary of the factors on which the allegations of injury and causal link are based ; 
f. the time-limit allowed for interested parties to make themselves known and submit their 
points of view in writing ; 
g. the address to which data and information should be directed by the interested parties ; 
h. a brief timetable of the period of data collection for determination  purpose s. 
Article 6  
 
The initiation of an investigation shall be notified to all known interested parties . 
 
Upon receipt of a duly documented application deemed  to be admissible,  and before initiating an 
investigation, the Competent Authority shall  notify the government of the exporting country or 
countries concerned . 
 
Furthermore, in the case of a subsid y investigation, t he Competent A uthority must invite the 
exporting country or  countries for consultations with the aim of clarifying the situation and arriving 
at a mutually agreed solution . 
 
Article 7  
 
Throughout an investigation, the investigating authority must verify the information provided by all 
interested parties and satisfy itself as to the accuracy thereof  with a view to the  determinations.  
 
Subject to the duty  to protect confidential information, evidence submitted  in writing by one  party 
must be made available to the other interested parties . 
 
To the extent that ce rtain interested parties do not suffic iently co-operat e, the C ompetent A uthority 
shall base its determinations on the best available information . 
 
Article 8  
 
Accordingly, in the context of  an investigation , the investigating authority : 
 
a. shall visit the production sites or administrative offices of domestic producers and 
importers ; 
b. may visit the factories and offices of exporters or foreign producers . 
During such visits, the investigating agents shall verify the consistency of the data provided with 
accou nting records and documents, as well as the manufacturing processes of the product under 
consideration and the like product . 
 
The Competent A uthority may also : 
 
a. visit public or private bodies holding data and information relevant to the investigation ; 
b. consult third parties that have had business dealings with the domestic and foreign 
producers, importers and exporters involved in  the investigation.  
In all the situations provided for in  this article, the Competent Authority may request any type of 
information, data and documents, as well as other details that may be useful in connection with the 
investigation in progress . G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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Article 9  
 
With a view to  carrying out verification visits, the Competent Authority must seek the agreement of 
the enterprise s concerned and, in the case of a visit on foreign soil, provide prior notice to the 
government of the country concerned.  
 
Confidential information must be protected  in all cases . 
 
Article 10  
 
Information that is of a confidential nature or is provided on a confidential basis  must be treated as 
such by the Competent A uthority . Such information may not be disclosed without the permission  of 
the party that provided it. The Competent Authority shall require that party to provide a non -
confidential summary of the information  concerned . If the party refuses, it must state the reasons 
why a  summary cannot be provided.  
 
If the Competent Authority considers  that confidential treatment is not warranted and if the party 
concerned is unwilling  to authorize the disclos ure of the information, the Competent Authority may 
disregard it . However, the Competent Authority may use the information if it is demonstrated to its 
satisfaction from appropriate sources that the information is correct.  
 
All correspondence not clearly i ndicated to be confidential shall be treated as non -confidential . 
 
Article 11  
 
Before imposing a measure, the Competent Authority may hold p ublic hearings, either on request 
or ex officio , to allow interested parties to defend their interests and to presen t their opposing views 
and arguments.  
 
All other parties  may attend the hearing upon convocation.  
 
However, oral information may be taken into account by the Competent Authority only in so far as 
written reproductions thereof have been made available to th e Competent Authority . 
 
One or more closed sessions may be scheduled on the margins of the public hearing to discuss 
information of a confidential nature . 
 
Article 12  
 
The investigation may be closed without  a trade remedy  being imposed  if the applicant domestic 
industry withdraws its application by means of a written statement submitted  to the Competent 
Authority.  
 
Article 13  
 
Without prejudice to  any legal provisions in effect regarding  competence to impose trade remed ies, 
the appropriateness of  the measures to be taken shall be determined on the basis of  the results of 
the investigation conduc ted by the Competent Authority.  
 
Article 14  
 
Once the application is accepted as admissible, imports of the product under consideration s hall be 
monitored, and this shall entail the requirement to submit  an advance  import  declaration where 
appropriate . 
 
Importers shall be required, prior to effecting any import operation, to file an import undertaking, 
drawn up in accordance with the regula tions in force.  
 
In addition, p roducts that are subject to a trade remedy must receive authorization from the Ministry 
of Trade prior to their importation.  
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  TITLE II - ANTI -DUMPING AND COUNTERVAILING PROCEDURES  
 
Chap ter 1 - General  
 
Section 1 - Definitions  
 
Article 15  
 
For the purposes of this Title, the following definitions shall apply : 
 
- Domestic industry : the domestic producers as a whole of the like products or those of them 
whose collective output of the products constitutes a major proportion of the total domestic 
production of the product . 
- Injury: material injury to a domestic industry , or threat of material injury to a domestic 
industry  producing the like product, or material retardation of the establishment of such an 
industry . 
- Threat of injury : injury that is clearly imminent, based on facts and not merely on allegation 
or supposition . 
 
Section 2 - Princip les 
 
Article 16  
 
Any imported product entered for consumption in the territory of Madagascar may be made subject 
to an anti -dumping or countervai ling duty if , following an investigation initiated and conducted by 
the Competent Authority in accordance with the provisions  of this Decree, it is established that : 
 
a. the imported product is the subject of dumping  or a specific subsidy ; 
b. importation of the product concerned causes or threatens to cause material injury to the 
domestic industry producing the like product , or materially retards the establishment of a 
domestic industry ; 
c. there is a causal link between the imports  that are the subject of dumping  or a specific 
subsidy and the injury, threat of material injury or retardation of establishment . 
Article 17  
 
To determine the likeness of products, the Competent Authority shall consider, inter alia : 
 
a. the physical characteristics of the products ; 
b. the end -uses of the products ; 
c. consumer tastes and habits ; 
d. the customs classification of the products ; 
e. the manufacturing processes of  the pr oducts . 
These criteria are neither limitative  nor cumulative . 
 
Article 18  
 
In its determination of the domestic industry, the Competent Authority may exclude producers that 
are related to the exporters or importers or are themselves importers of the product under 
consideration.  
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  A producer is related to an exporter or importer if : 
 
a. together they are legally recognized partners in  business ; 
b. they are employer and employee ; 
c. one directly or indirectly owns, controls or holds stock or shares of the other ; 
d. one of them directly or indirectly controls the other ; 
e. both of them are directly or indirectly controlled by a third person ; 
f. togethe r they directly or indirectly control a third person . 
Article 19  
 
Except in special circumstances, a properly initiated investigation shall be concluded within one year , 
and no later than eighteen (18) months after the date of its initiation  
 
The initiation and conduct of a dumping or subsid y investigation may not hinder the procedures of 
customs clearance  of the products  under investigation . 
 
Chapt er 2 - Admissibility of applications  
 
Article 20  
 
Any application  made by or on behalf of a domestic industry for initiation of an investigation with a 
view to the application of  an anti -dumping or countervailing measure must be accompanied by 
objective data and relevant documents supporting the allegations of dumping o r a specific subsidy, 
injury to the domestic industry producing the like product , and a causal link between the imports of 
the product unde r consideration and the injury.  
 
Article 21  
 
The application must contain at least the following information : 
 
a. the id entity of the applicant or applicants : business  name, head office ; 
b. a description of the product like the product under consideration, a description of the value 
and volume of production of the  latter  product produced by the applicant or applicants ; 
c. a description of the volume and value of total domestic production of the  product that is 
like the product under consideration ; 
d. where the application is made on behalf of  a domestic industry, the domestic industry on 
behalf of which it is made  and, where app ropriate , a list of the domestic producers of the 
like product known to the applicant, and a description of the volume and value of domestic 
production of the like product accounted for by such producers ; 
e. as detailed a description  as possible of the produc t under consideration and the names of 
the country or countries of origin or export of that product ; 
f. the identity of each exporter or foreign producer of the product under consideration and 
the importers of that product known to the applicant ; 
g. in a case of  dumping, information on the normal value and export price of the product 
under consideration ; 
h. in a case of  subsidization , evidence with regard to  the existence, amount and nature of 
the subsidy ; G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  i. information on the evolution of the volume of imports of the  product under consideration ; 
j. a description of the injury caused to the domestic industry by imports of the product under 
consideration . 
Article 22  
 
Two versions of the application must be filed, one confidential and the other non -confidential . The 
non-confidential version shall contain non -confidential summaries of information that is by nature 
confidential or is provided on a confidential basis.  
 
Article 23  
 
Domestic producers support ing an application  must express  in writing their commitment and 
accounta bility with regard to the information provided and their collaboration in the subsequent 
investigation.  
 
Those opposing  the application may also express their view s in writing . 
 
Article 24  
 
An application shall be considered to have been made by or on behalf of a domestic industry if it is 
supported by domestic producers accounting for more than fifty per cent  of the total production of 
the like product produced by all producers expressing ei ther support for or opposition to the 
application.  
 
However, an investigation may be initiated  only if the application  is expressly supported by domestic 
producers accounting for more than twenty -five per cent  of total domestic production of the like 
product.  
 
These percentages shall be calculated on the basis of production for the last twelve (12)  months  or 
the last season immediately preceding the date of submission of the application, for which 
information i s available.  
 
Article 25  
 
Only applications meeting the conditions set forth in Article 3 and this Chapter  shall be admissible.  
 
Chapt er 3 - Information gathering  
 
Article 26  
 
Anyone wishing to come forward  as an interested party or to comment on the investigation initiated 
shall be given  thirty (30) days  to do so from the date of publication of the notice of initiation of the 
investigation . 
 
Article 27  
 
Upon initiation of the investigation, the investigating authority shall , directly or through diplomatic 
channels,  notify the full non-confidential version of the application  to the known exporters,  the 
authorities of the exporting country and, upon request, to any other interested party . 
 
If the number of exporters concern ed is particularly high, the full copy of the application shall be 
sent to the authorities of the expor ting country or countries and to the relevant trade association . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article 28  
 
The Competent Authority shall send questionnaires to the interested parties to gather the  
information it deems n ecessary for the investigation.  
 
They shall be given a  period of thirty (30) working days to respond , which  may be extended upon 
request , where  justified . Any request  for extension  must be made during the five (5) days preceding 
the expiry of  the initial response period.  
 
This period shall begin to run upon receipt of the questionnaires, which shall be deemed to have 
been received seven (7) days after the date of sending  to an interes ted party  or of transmittal  to a 
diplomatic represe ntative . 
 
Article 29  
 
Following receipt of the responses  to the questionnaires  and in the light of  the data available  to it, 
the Competent Authority shall carry out  a preliminary evaluation of the information  concerned . 
 
The purpose of the preliminary evaluation  shall be  to make a preliminary determination as to whether 
or not there is  dumping or a specific subsidy, injury t o the domestic industry, and a causal link 
between the dumping or specific subsidy and the injury to the domestic industry.  
 
If the re are no  responses  to the questionnaire s within the prescribed  time-limit, the evaluation  shall 
be carried out on the basis of the best information  available , including  the information contained in 
the application.  
 
Chapt er 4 - Determinations  
 
Section 1 - Determination of dumping  
 
Article 30  
 
An imported product shall be considered as being dumped if the export price is less than the normal 
value.  
 
§ 1 - Export price  
 
Article  31 
 
The export price of the product under consideration shall be understood to mean the price actually 
paid or payable for the  product when sold for export to Madagascar.  
 
However, if there is no price actually paid or payable for the product under consideration sold for 
export to Madagascar , or where  there is  association or a compensatory arrangement between the 
exporter and the importer or a third party, the expo rt price shall be established:  
 
a. on the basis of the price at which the product  is first resold to an independent buyer in 
Madagascar ; or 
b. on any basis  deemed reasonable if the product is not resold to an independent buyer or 
not resold in the condition as imported . 
The prices to be considered are those of sales occurring  over a 12-month  period  immediately 
preceding  the initiation of the investigation an d for which data are available . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article 32  
 
If the export price is established on the basis of the price of the first resale of the product under 
consideration to an independent buyer in Madagascar, the Competent Author ity must take account 
of: 
 
a. all import costs, duties and taxes incurred between importation and resale ; and 
b. a reasonable amount for profits accruing . 
Article 33  
 
If the product under consideration is not resold to an independent buyer or is not resold in the 
condition as imported, the Co mpetent Authority must take account  of all kinds of costs and charges 
incurred by the importer between the importation and resale of the product in a condition other than 
the condition as imported . 
 
Such costs and charges shall be determined on the basis o f data obtained in the course of the 
investigation, from the replies to questionnaires and the importer's records, taking account of  the 
proper allocation of costs associated with the importation and resale of the product under 
consideration . 
 
§ 2 - Normal  value  
 
Article  34 
 
The normal value of the product under consideration shall be determined on the basis of : 
 
a. the price, in the ordinary course of trade, for the like product when destined for 
consumption in the exporting country ; 
b. the price for the like product when destined for consumption in the country of origin whe re 
the product under consideration is merely transhipped through the country of export or 
where the product is not produced or there is no comparable price for it in the country of 
export . 
For this purpose , the Competent Authority must consider the price, in the ordinary course of trade, 
over a  12-month period  immediately preceding the initiation of the investigation and for which data 
are ava ilable . 
 
Article 35  
 
The following shall be  exclud ed from the basis of calculation:  
 
a. transactions effected at prices below per unit costs of production plus administrative,  
selling and general costs , as they are treated as not being in the ordinary course of trade ; 
b. transactions effected with parties related to the exporter or foreign producer unless the 
exporter or foreign producer informs the Competent Authority of the prices for such 
transactions at the time of resale to an independent buyer on its domestic market . G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article  36 
 
Where no sale of the like product can provide guidance for determining the normal value of the 
product under consideration, or where sales of the product do not permit  a determination of the 
normal value, the normal value shall  be established on the basis of : 
 
a. the comparable price of the like product when exported to a third country, provided 
however that export sales to such a third country are effected  at a representative price ; 
or 
b. the cost of production in the country of origin plus an amoun t representing administrative, 
selling and general costs, and a reasonable profit margin . 
Article 37  
 
Sales of the like product destined for consumption in the domestic market of the exporting country 
shall normally be considered a sufficient quantity for the determination of the normal value if such 
sales constitute five per cent  (5%) or more of the sales  of the product under consideration to  
Madagascar . 
 
However, a lower ratio should be acceptable where the evidence demonstrates that domestic sales 
at such lower ratio are nonetheless of sufficient magnitude to provide for a proper comparison . 
 
Sales below per unit costs are made 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 per unit costs, or that the volume of sales below per unit costs 
represents not less than twenty per cent  (20%) of the volume sold in transactions under 
consideration for the determination of the normal value . 
 
Article 38  
 
The choice of the third country referred to in Artic le 37 shall be made on  the basis of  the following 
criteria : 
 
a. the like product exported to such third country is more alike to the product under 
consideration exported to Madagascar than is the like product exported to other 
third countries ; and 
b. the volume of sales from the exporting country to the third country concerned is analogous 
to the volume of sales from that country  to Madagascar . 
Article 39  
 
All amounts for administrative, selling and general costs shall be based on actual data pertaining to 
produc tion and sales in the ordinary course of trade . 
 
When such amounts cannot be determined on this basis, the amounts may be determined on the 
basis of  any other reasonable method . 
 
The administrative, selling and general costs shall be calculated on the basis of accounting records 
kept by the exporter or foreign producer under investigation, provided that such records are in 
accordance with the generally accepted accounting principle s of the exporting country and reflect 
the costs associated with the production and sale of the product under consideration . 
 
§ 3 - Margin of dumping  
 
Article 40  
 
The margin of dumping of the product under consideration shall be understood to be the difference 
between its expo rt price and its normal value . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  The margin of dumping shall be determined individually for each known exporter or producer in the 
country of export.  
 
Where  the number of exporters, producers or importers is too large for an indiv idual dumping margin 
to be determined, the investigation may be limited either to a representative sample of such 
exporters, producers or importers or to the largest percentage of the volume of the exports  able to 
be examined.  
 
Article 41  
 
The determinatio n of the margin of dumping must be made following a fair comparison between the 
export price and the normal value . This comparison shall be made at the same level of trade, 
preferably at the ex -factory level, and in respect of sales made at as nearly as possible the same 
time. 
 
Adjus tments may be necessary to take account of differences which  affect the comparison between 
the export price and the normal value, such as  differences in conditions and  terms of sale, taxation, 
levels of trade, quantities sold,  product characteristics, and any other differences that are 
demonstrated to affect the comparability of the export price and normal value.  
 
Where  the comparison requires a conversion of currencies, such conversion should be made using 
the rate of exchange  on the date of sale, which shall be based on  the document that establishes  the 
material terms of sale.  
 
Article 42  
 
The margin of dumping shall be established on the basis of : 
 
a. a comparison of a weighted average of normal values with a weighted average of  prices 
of all export transactions ; or 
b. a comparison of normal values  with export prices on a transaction -to-transaction basis ; 
or 
c. a comparison of a weighted average of normal values with transaction -to-transaction 
export prices, if there is found to be a pattern of export prices that differ significantly 
among different purchasers, regions and time -periods, and if an explanation is provided 
as to why such differences cannot be taken into account appropriately by the use of the 
other two methods  of compar ison. 
Article 43  
 
The margin of dumping shall be  expressed as a percentage of the adjusted export price . Accordingly , 
the difference between the adjusted normal value and the adjusted export price shall be  divided by 
the adjusted export price.  
 
Article 44  
 
In case s where products are not imported directly from the country of origin but are exported to 
Madagascar from an intermediate country, the export price shall be compared with the comparable 
price in the country of export . However, comparison may be mad e with the  price in the country of 
origin  if the products are merely transhipped through the country of export or there is no comparable 
price for them in the country of export.  
 
Article 45  
 
Where  the investigation is limited to a representative sample, th e Comp etent Authority shall 
establish : 
 
a. individual dumping margins for selected exporters or foreign producers in the 
representative sample that have collaborated in the investigation, on the basis of data 
supplied by them ; G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  b. a weighted average margin of dumping for exporters or foreign producers that have 
provided the requested data but have not been selected within the representative sample . 
Such average shall be calculated on the basis of the individual dumping margins 
established for those selected wit hin the sample . In this case, no account shall be taken 
of zero margins and margins of less than 2 %; 
c. the highest margin of dumping for exporters or foreign producers that have refused to 
cooperate in the investigation and unknown exporters or  producers . Such margin shall be 
calculated on the basis of the data supplied by those selected with in the sample.  
Section 2 - Determination of subsidy  
 
Article 46  
 
A subsidy is deemed to exist with respect to an imported product if a direct or indirect financial 
contri bution  has been  made by a government or any  other public body within the territory of  the 
exporting country  and has thereby  confer red a benefit on the producer or exporter of the product 
under consideration . 
 
Article 47  
 
The financial contribution referred  to in Article 47  may take various forms : 
 
a. a direct transfer of funds ; 
b. a potential direct transfer of funds or liabilities ; 
c. government revenue  otherwise due that is foregone or not collected ; 
d. government provision of goods or services other than general infrastructure, or 
government purchase of goods ; 
e. government payment into a funding mechanism ; 
f. a situation  where a government entrusts a private body to carry out one or more of the 
type of functions illustr ated in  (a) to (d) of this article, and the practice, in no real sense, 
differs from  that of governments ; 
g. income or price support . 
Whatever  the form of the financial contribution, a benefit must be conferred on its recipient.  
 
Article  48 
 
A subsidy, even if in one of the forms set out in Article 48, shall be  countervailable only if it is 
specific . 
 
A subsidy shall be  said to be specific if:  
 
a. access thereto  is limited to  one or certain enterprises  or one or certain industries ; or 
b. it is limit ed to certain r ecipients located in a  geographic region within the jurisdi ction of 
the granting authority.  
A limitation may not be explicit  but arise instead from observation of  the circumstances surrounding 
the granting  of the subsidy.  
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article 49  
 
In addition to  the criteria set out in Article 49, the foll owing are deemed to be specific : 
 
a. subsidies contingent, whether solely or among other conditions, upon export performance ; 
b. subsidies contingent, whether solely or among  other conditions, upon the use of domestic 
over imported goods . 
Article 50  
 
A benefit is conferred on the recipient  of the subsidy  when the terms or conditions of the government 
financial contribution are more favourable than those that the recipient could have obtained on the 
market or  would have had to fulfil under the rules of ordinary law . 
 
The benefit conferred on the product under consideration shall be  the difference between the amount 
paid by the recipient under the favourable terms provided by the government and the amount that 
the recipient would have had to pay under market conditions . 
 
Article  51 
 
Where the existence of a specific subsidy is established, its amount shall be calculated in terms of 
the benefit conferred on its recipient . This amount shall be calculated on the basis of the per unit 
value of th e product under consideration , and shall be expressed as a percentage thereof . 
 
However, certain items  are to  be deducted from the total amount of the subsidy, such as : 
 
a. application fees and other costs necessarily i ncurred in order to qualify for, or to obtain, 
the subsidy;  
b. export taxes, duties or other charges levied on the export of the product concerned to 
Madagascar, and specifically intended to offset the subsidy.  
It shall be  the responsibility of the party requ esting such deductions to provide evidence of these 
items. 
 
Article 52  
 
Where  the investigation is limited to a representative sample, the Competent Authority shall proceed 
in the same manner as with respect to dumping . 
 
Section 3 - Determination of injury  and causal link  
 
Article  53 
 
A determination of injury  shall involve  the objective examination of the following elements:  
 
a. the volume of the dumped or subsidized imports;  
b. the effect of the dumped or subsidized imports on prices for like produ cts sold on t he 
domestic market ; 
c. the consequent impact of these imports on the domestic producers of such products.  G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article 54  
 
Accordingly , the Competent Authority shall examine:  
 
a. Whether there has been a significant increase in the volume of dumped or subsidized 
imports , whether  in absol ute terms or relative  to domestic production or consumption of 
the like product during  the 12-month  period  immediately preceding the date of ini tiation 
of the investigation.  
b. Whether there has been significant price undercutting by imports of the product  under 
consideration  as compared with the price of the like domestic product or whether the effect 
of such imports is to depress prices to a significant degree or prevent price increases to a 
significant degree . 
Article 55  
 
Price unde rcutting  exists  when the product under consideration is placed on sale in the domestic 
market at a price below the selling price of the like domestic product . 
 
Price undercutting is assessed by comparing, on an equitable basis, the selling price for all 
transactions involving the like domestic product with the selling price for all transactions involving 
the product under consideration over the 12 -month period taken into account for the determination 
of dumping . 
 
Article 56  
 
Price depression exists when the selling price of the like domestic product has declined over the 
relevant 12-month period . 
 
Price suppression shall be deemed to exist if the ratio between the cost of production and the 
ex-factory price of the like domestic product on the domestic market has increased during that 
12-month period.  
 
Article  57 
 
A causal link between imports of the product under consideration and injury to the domestic industry 
may be demonstrated by means of any evidence at the disposal of the Competent Autho rity. 
 
Factors independent of or external to  the imports  in question  may also be examined if they have, at 
the same time , to any extent, contributed to  injury to the domestic industry, but the injury caused 
by such factors m ay not be attributed to  imports of the product under consideration . 
 
Article 58  
 
The examination of the impact of imports of the product under consideration on the domestic 
industry shall include an evaluation of all relevant economic factors and indices having a bearing on 
the state of the industry, including, inter alia : 
 
a. actual and p otential decline in sales, profits, output, market share, productivity, return on 
investment and utilization of production capacity;  
b. actual or potential influence on domestic prices;  
c. the magnitude of the margin of dumping ; 
d. actual and potential negative eff ects on cash flow, inventories, employment, wages, 
growth, and financing and reinvestment capacity . 
Such evaluation shall be based on the data obtained in the course of the investigation from the 
replies to questionnaires and the accounting records of dome stic producers for a period cover ing at 
least the last three years immediately preceding the initiation of the investigation, and for which 
data are available . G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 17 - 
   
Article 59  
 
Where imports of a product from more than one country are simultaneously subject to  an 
investigation, the Competent Authority  may cumulatively assess the effects of such imports in the 
light of the conditions of competition between imports of the product under consideration from 
different origins and the conditions of competition between  the imported product and the like 
domestic product.  
 
Article 60  
 
A determination of a threat of material injury shall be based on facts and not merely on allegation . 
The change in circumstances which would create a situation in which the dumping or subsid y would 
cause injury must be clearly foreseen and imminent . 
 
The Competent Authority 's determination  must therefore  be based on the examination of certain 
factors, such as : 
 
a. a significant rate of increase of imports of the product under consideration into the 
domestic market, indicating the likelihood of substantially increased importation of the 
product ; 
b. the likely increase in demand for imports of the product under consideration on account 
of their low price, to the detriment of the like domestic product ; 
c. the existence of sufficient freely disposable production capacity of the exporter or foreign 
producer, or an imminent, substantial increase in the capacity of the exporter or foreign 
producer, indicating the likelihood of substantially increased exports o f the product under 
consideration to Madagascar,  taking into account the availability of other markets to 
absorb any additional exports ; 
d. available stocks held by the exporter or foreign producer of the product under 
consideration ; and 
e. the nature of a subsi dy or subsidies and their likely effects on exports of the product under 
consideration to Madagascar.  
Such an examination shall be based on data collected in the course of the investigation . 
 
Chap ter 5 - Provisional measures  
 
Article  61 
 
A provisional meas ure may be imposed provided that : 
 
a. an investigation has been initiated in accordance with the terms of  this Decree;  
b. a notice to that effect has been published ; 
c. interested parties have had the opportunity  to submit  information, make comments and 
learn of differing  arguments ; 
d. the preliminary evaluation has led to a n affirmative  determination  of dumping or a specific 
subsidy, i njury and a causal link ; and 
e. such a measure is  necessar y in order to prevent further  injury during th e course of the 
investigation.  G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article 62  
 
A provisional anti -dumping or countervailing measure shall take the form of a provisional 
anti-dumping duty or a provisional countervailing duty, applied in the form of a deposit in an amount 
no higher  than the provisionally calculated margin of dumping  or the amount of the provisi onally 
determined subsidy . 
 
A deposit shall be required for  the release for consumption on Malagasy territory of the products 
concerned  by the measure . 
 
The removal of the goods  concern ed shall therefore be  contingent on  signature by the declarant of 
an undertaking to pay the amounts corresponding to the provisional duty . 
 
Article 63  
 
A provisional anti -dumping  measure  or provisional countervailing measure may be applied only after 
a period of sixty (60) days has elapsed from the date of initiation of the investigation . 
 
The application of a  provisional anti -dumping measure shall be for a period of four (4) months, and 
shall not exceed six (6) months  upon request by exporters represe nting a significant percentage of 
the trade involved . A provisional countervailing measure may be applied only for a period not 
exceeding four (4) months . 
 
Article  64 
 
Where the preliminary evaluation does not  result in a determination of dumping or specif ic 
subsidization, injury or causal link, no provisional measure shall be imposed on imports of the 
product under consideration.  
 
Article  65 
 
The results of the preliminary evaluation shall be published by the Competent Authority  in the form 
of a notice  in at least two national newspapers authorized to receive legal notices . The same notice 
shall be notified to known interested parties . 
 
All provisional measures taken  shall be published in the  Official Journal of the Republic of 
Madagascar.  
 
Chapt er 6 - Final  evaluation and definitive  measure  
 
Article 66  
 
When the investigation has been concluded,  the Competent Authority shall undertake a final 
evaluation of all the information  gathered during the course of the investigation, taking account of 
verificatio ns effected , submissions after pub lic hearings, comments  and observations throughout  the 
investigation , including after the publication of the results of the preliminary determination.  
 
Following such  evaluation and prior to a final determination of dumping or specific subsidization , 
injury and a causal link, the Competent Authority shall notify  the interested parties in writing of the 
key facts examined and on the basis of which a decision will be t aken on whether or not to apply a 
definitive  anti-dumping or countervailing measure . The interested parties  shall have a perio d of 
fifteen (15) days to make comments and observations.  
 
Article 67  
 
Where the investigation results in a final determination of dumping or specific subsidization , injury 
and a cau sal link, a definitive  anti-dumping measure or definitive countervailing measure may be 
taken . The definit ive anti-dumping duty or definitive countervailing duty shall be an addition al duty 
on top of  customs duties.  
 
The final determination and, where appl icable, the definitive  measure, shall be published and noti fied 
under  the same conditions  as those prescribed  for provisional measures.  G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 19 - 
   
Article 68  
 
The period of application of a definitive  anti-dumping measure or a definitive countervailing measure 
may not exceed five (5) years from t he date on which it was taken.  
 
Article 69  
 
Where  the amount of  a definitive anti -dumping duty or a definitive countervailing duty is lower than 
the amount of the provisional anti -dumping duty or provisional countervailing d uty, the difference 
must be refunded  within n o more than ninety (90) days.  
 
Where the final determination has not result ed in a finding of dumping or specific subsidization, 
injury and  a causal link , but a provisional measure has been applied, the deposit lodged under the  
provisional measure shall be refunded  as from  the date of publication of the decision terminating  
the investigation . 
 
Article 70  
 
Definitive  anti-dumping and countervailing d uties may be levied only subsequent to  an affirmative 
final determination.  
 
Measures and duties may be applied  only to products entered f or consumption after the date of entry 
into force of the decision imposing such measures and duties.  
 
However:  
 
a. Definitive  duties may be levied with respect to the period during which a pr ovisional 
measure was applied , where  a final determination of injury is made  or, in the absence of  
provisional measures, the threat of injury  established would have become actual injury . 
b. Definitive anti -dumping duties may be levied on prod ucts entered for consumption not 
more than 90 days prior to the date of application of provisional measures , where  it is 
established that there is a history of injurious dumping and that the injury caused by 
massive dumped imports of a product in a short t ime is likely to seriously undermine the 
remedial effect of the anti -dumping duty applied . In this case,  the importers are given an 
opportunity to comment . 
c. Definitive countervailing duties may be levied on products entered for consumption no t 
more than 90 days prior to the date of applic ation of provisional measures where injury 
difficult to repair  is caused by massive imports of subsidized produ cts in a short time . 
In no event may  duties be levied with respect to a period prior to the date of initiation of  the 
investigation . 
 
Article 71  
 
Provisional or definitive ant i-dumping or countervailing duties shall be levied in the same manner as 
customs duties and : 
 
a. independently of taxes  applicable to imports of the pro duct under consideration ; 
b. individually for each exporter or foreign producer of the dumped or subsidized product;  
c. on a non -discriminatory basis on imports of the product under consideration from all 
sources once they have been found to be the subject of dumping  or a specific subsidy  and 
to be causing injury . 
In no event may the amount of the definitive anti -dumping duty or definitive countervailing duty 
exceed the definitively calculated margin of dumping or the amount of the definitively determined 
subsidy . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article 72  
 
Where  the investigation is l imited to a representative sample, the following shall be applied:  
 
a. individual anti -dumping duties or individual countervailing duties not exceeding the 
individual dumping margins or individual subsidy amounts established  for exporters or 
foreign producers selected within the representative sample ; 
b. an anti -dumping duty or countervailing duty not exceeding the weighted average of the 
dumping margins or subsidy amounts established for exporters or foreign producers that 
cooperate in the investigation but have not been selected within the representative sample 
used in the investigation ; 
c. an anti -dumping duty or a countervailing duty not exceeding the highest margin of 
dumping or the highest subsidy amount established for exporters or foreign producers that 
declined to cooperate in the investigation or unknown exporters.  
Chapt er 7 - Termination  of investigation  
 
Article  73 
 
The investigation must be terminated  without the imposition of an anti -dumping or countervailing 
measu re where : 
 
a. the margin of dumping is less than  two per cent  (2%) of the export price ; 
b. the subsidy amount represents less than one per cent  (1%) of the unit value of the product 
under consideration ; 
c. the volume of  dumped imports,  actual or potential , from a country account s for less than 
three per cent  (3%) of total imports of the like product, unless countries that individually 
account for less than three per cent  (3%) of total imports of the like product collectively 
account for mo re than seven per cent (7%); 
d. the de gree of injury is negligible . 
With respect to  products originating in a developing country, an investigation shall be terminated  
once it is determined that : 
 
a. the overall level of subsidies granted upon the product in question does not exce ed 
two per cent (2%) of its unit value ; or 
b. the volume of the subsidized imports represents less than four per cent  (4%) of the total 
imports of the like product , unless countries that individually account for less than 
four per cent (4%) of total imports of the product under consideration collectively account 
for more than nine per cent  (9%). 
Article 74  
 
An application submitted to the Competent Authority shall be rejected and the relevant investigation 
terminated  without the imposition of an anti -dumping  measure  or countervailing measure as soon 
as the Competent Authority demonstrates that the re is not sufficient  evidence of either dumping or 
a specific subsidy , or of injury or a causal link , to justify proceeding with the case . 
 
Article 75  
 
A notice of termination  of investigation without imposition of measure s shall be published in at least 
two newspapers authorized to receive legal notices . The same notice shall be notified  to known 
interested parties . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article 76  
 
The notice of termination  of investigation so published must contain at least the following elements : 
 
a. identification of the applicant producers ; 
b. description of the product under consideration;  
c. name of the country or countries of export  of the product under consideration ; 
d. date of init iation of the investigation ; 
e. considerations and reasons leading to the decision to initiate the investigation ; 
f. considerations and reasons leading to the decision to terminate  the investigation without 
the application of measures ; 
g. date of termination  of the  investigation . 
Chapt er 8 - Miscellaneous provisions  
 
Article 77  
 
The Competent Authority may ask the customs authorities to take the appropriate steps to register 
certain  imports . The purpose of such registration is to keep track  of imports that may  be subject to 
a retroactive anti -dump ing or countervailing duty . 
 
Article 78  
 
The notice concerning the evaluation and determination, whether preliminary or final, affirmative  or 
negative, must set forth in sufficient detail, or otherwise make available through  a separate report , 
the finding s and conclusions reached  on the following points , inter alia : 
 
a. the names of the exporters or, where appropriate, of the countries of export of the product 
under consideration ; 
b. a description of the product under consideration and its tariff classification  for customs 
purposes;  
c. the margins of dumping established and an explanation of the reasons for the methodology 
used in the establishment and comparison of the export price and the normal value in the 
case of a du mping investigation ; 
d. the amount of the subsidy and the basis on which the existence of a subsidy was 
determined in the case of a subsidy investigation ; 
e. explanations relevant to the determination of injury and causal link ; 
f. the main reasons leading to the pr eliminary or final determination, whether affirmative or 
negative ; 
g. an account of the arguments put forward by the interested parties and the reasons for the 
acceptance or rejection of those arguments ; and 
h. where  applicable,  the form and amount of the anti -dumping duty or countervailing duty, 
whether provisional or definitive, to be applied . G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 22 - 
  Chapt er 9 - Undertakings  
 
Article 79  
 
A dumping investigation may be suspended or terminated  without the imposition of provisional or 
definitive anti -dumping duties where : 
 
a. the exporter has provided  a satisfactory undertaking to revise its dumped prices or to 
cease exporting at dumped prices ; and 
b. the Competent Authority  finds that the injurious effect of dumping will there by be 
eliminated.  
Article  80 
 
A subsidy  investigation may be suspended or terminated  without the imposition of provisional or 
definitive countervailing duties where : 
 
a. the government of the country of origin and/or of export undertakes to eliminate or limit 
the subsidy or take other measures concerning its effects ; 
b. the exporter undertakes to revise its prices or to cease exporting products benefiting from 
the countervailable subsidy to Madagascar.  
In all cases, the undertakings must eliminate the injury  to the domestic industry . 
 
Article 81  
 
Undertakings may not be requested or accepted unless  the Competent Authority has made a 
preliminary affirmative determination of dumping or subsidization and of injury caused by such 
dumping or subsidization . 
 
In the sole case of undertakings from exporters regarding subsidies , the consent of the exporting 
country must also be obtained.  
 
Article 82  
 
Undertakings must be submitted in writing to the Competent Authority and must include all relevant 
information in support of the undertaking offere d and its implementation, together with a 
non-confidential version of such information which may be communicated, on request, to the parties 
concerned by the investigation.  
 
Notification of the acceptance or rejection  of the undertaking shall be given with in thirty (30) days 
from the date of receipt of the offer of an undertaking . In the event of acceptance of the undertaking, 
the exporter shall also be informed of its obligation periodically to provide information on the 
fulfilment of the undertaking and t o permit verification of that information.  
 
Article 83  
 
The price revisions effected  in the cases provided for  under  Articles 80 and 81 must be equivalent 
to the margin of dumping or the amount of the subsidy . However, price revisions lower than the 
margin  of dumping or the amount of the subsidy may be accepted if  the Competent Authority 
considers that they are sufficient to efface the injury  to the domestic industry . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 23 - 
  Article 84  
 
Price undertakings may not be accepted in cases where such undertakings:  
 
a. do not permit the elimination of the injurious effects of dumping or subsidies;  
b. do not lend themselves to verification or their implementation is uncertain ; or 
c. involve an agreement or scheme which is inconsistent with free competition or in any other 
way hind ers free competition . 
The Competent Authority must communicate the reasons for the rejection of the undertaking to the 
exporters or foreign producers concerned, and shall give them the opportunity to make comments 
on the subject . 
 
Article 85  
 
If an underta king is accepted, the investigation of dumping or subsidy and injury will nevertheless 
be carried out to completion if the exporter or,  in the case of  a subsid y, the exporting country so 
wishes or if the Competent Authority so decides . Thus, if a negative determination is made with 
respect to dumping, subsidy or injury, the undertaking shall automatically lapse, except in cases 
where such a determination is due in large part to the existence of an undertaking . In those cases, 
the undertaking may be maintained for a reasonable period consistent with the provisions of this  
Decree.  
 
If there is an affirmative determination of dumping  or subsidy and injury, the undertaking shall 
continue consistent with its terms and the provisions of this Decree.  
 
Artic le 86  
 
In the event of a violation of an undertaking that has led to the suspension of application of a 
provisional measure, a provisional anti -dumping or countervailing duty, as the case may be, shall 
immediately be applied on the basis of the best inform ation available . In such cases, the Competent 
Authority  shall resume the investigation . 
 
In the event of a violation of an undertaking that has led to the suspension of application of a 
definitive anti -dumping or countervailing duty, the duty in question s hall be reinstated immediately.  
 
The duration  of any undertaking shall be equal to that of the anti -dumping or countervailing duty 
concerned by the undertaking.  
 
Article 87  
 
A notice concerning  the acceptance or rejection of an undertaking or  of its expir y shall be published 
in at least two national newspapers authorized to receive legal notices  and shall be notified  to the 
parties concerned  by the undertaking.  
 
The public notice regarding  an undertaking shall contain the following information , as applicabl e: 
 
a. a description of the product under consideration ; 
b. the name of the exporter or foreign producer concerned by the undertaking and the name 
of the  exporting  country ; 
c. the nature and level of the undertaking having regard to the dumping margins or subsidy 
amounts determined ; 
d. the duration of the undertaking and the date from which it takes effect ; 
e. the decision to suspend or continue the investigation in the event of acceptance of the 
undertaking following a preliminary determination ; G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 24 - 
  f. the reasons for acceptan ce or rejection  of the undertaking ; 
g. the procedures agreed for implementation of the undertaking and the monitoring of such 
implementation ; 
h. the date of expiry of the undertaking . 
 
Chap ter 10 - Review  
 
Article 88  
 
A review of a  definitive anti -dumping duty or a definitive  countervailing duty may be carried out 
under the following circumstances : 
 
a. At any time at the request of new exporters or producers of the product under 
consideration that are not related to any exporter or producer subject to the anti -dump ing 
or countervailing duty imposed  and that have not exported the product to Madagascar 
during the period covered by the investigation . Such a review  shall be carried out with a 
view to determining their  individual anti -dumping duties or specific counterva iling duties . 
b. After a period of one year from the application of a definitive anti -dumping duty or a 
definitive  countervailing duty, pursuant to  the same initiative as for an initial investigation 
or at the request of any interested party that  can demonstrate  the need for such a review 
on the basis of objective data . Such review shall be  carried out with a view to revising, 
maintaining or eliminating the anti -dumping or countervailing duty applied . 
c. Within a period of one year preceding the expiry of the measure imposed, pursuant to  the 
same initiative as for an initial investigation or upon a request made by or on behalf of the 
domestic industry, with a view to determining whether the removal of the measure would 
lead to continuation or recurrence of  dumping or subsidization  and injury . 
Requests for review  that are found admissible shall be investigated in the same form and under the 
same procedures  as those  provided for  in this Decree for the initial investigation . 
 
The review investigation may have a duration of  no longer than twelve (12) months from the date 
of its initiat ion. This duration  shall, however, be s hortened to nine (9) months in the case of review s 
related to new exporters . 
 
Article 89  
 
Any request for review  must, as in the case of the initial application, be submitted to the Competent 
Authority in writing and conta in the following information:  
 
a. identification of the applicant producers ; 
b. description of the product under consideration ; 
c. the anti -dumping or countervailing duty in force ; 
d. the nature of the review requested . 
The request must be drafted in two versions , one confidential and the other non -confidential . The 
non-confidential version shall contain non -confidential summaries of the information provided on a 
confidential  basis and must be sufficiently detailed to permit understanding . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 25 - 
  Article 90  
 
In addition, a ll request s for review must contain objective and documented data which demonstrate, 
as applicable , that : 
 
a. continued imposition of the entire definitive anti -dumping or countervailing duty is no 
longer necessary to offset dumping or subsidization, or that continued imposition of a 
portion of the duty is sufficient ; 
b. the existing duty is not or is no longer sufficient to offset the dumping or subsidization 
that has caused t he injury ; or 
c. the injury would be likely to continue or recur if the anti -dumping or countervailing duty 
were removed or reduced . 
Article 91  
 
In the event of a review under Article 89(b), during the period of the review investigation, collection 
of the ant i-dumping duty or the countervailing duty shall be suspended and replaced by the levying 
of an equivalent amount collected in the form of a deposit . Where the anti -dumping duty or 
countervailing duty revised in consequence of the review is less than the amount of the deposit, the 
difference between that amount and the revised duty shall be refunded . On the other hand,  where 
the anti -dumping duty or countervailing dut y revised in consequence of the review is  greater than 
the deposit , the amount of the deposit shall be assessed . 
 
In the event of a review prior to expiry as provided for under Article 89(c), the anti -dumping or 
countervailing duty shall remain in force  in the form of a deposit  pending the outcome of the review . 
 
Article 92  
 
The request for review  referred to in Article 89(a) must be submitted by a new exporter that has 
not exported the product under consideration to Madagascar in the course of the initia l investigation  
period . An exporter that has exported the product under consideration to Madagascar during the 
initial investigation period but has not made itself known during the investigation shall not be 
considered a new exporter.  
 
The request must be accompanied by evidence demonstrating that:  
 
a. the new exporter in question was not and is not related to the exporters subject to the 
definitive anti -dumping duty or the definitive countervailing duty that is applied ; 
b. the new exporter actually exported the product under consideration to Madagascar only 
after the application of the definitive anti -dumping duty or the definitive countervailing 
duty; and 
c. the new exporter entered into an irrevocable contractual obligation to export a reasonable 
quantity of the p roduct under consideration to Madagascar.  
Article 93  
 
Any decision following review of an anti -dumping duty or a countervailing duty shall be published in 
the Official Journal of the Republic of Madagascar and shall be notified  to the interested parties . 
 
Chapt er 11 - Circumvention  of anti -dumping duties  
 
Article 94  
 
Circumvention of the anti -dumping duty is determined  to have occurred when there is found to be 
a change in the pattern of trade between third countries and Madagascar or between the exporters 
subject to the definitive anti -dumping duty and  Madagascar,  as a result of practices, operations or 
processes for which there are no sufficient grounds or economic justification other than 
circumvention of the anti -dumping duty . G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 26 - 
   
Article  95 
 
In order to de termine whether there is circumvention, an investigation shall be initiated and 
conducted under the same conditions as the initial investigation . Only requests accompanied by a 
file comprising objective and documented data showing good cause for the initiation of an 
investigation shall be  admissible . 
 
Article 96  
 
The request f or the initiation of an investigation in order to determine circumvention must be sent 
to the Competent Authority and accompanied by objective and documented data which demonstrate:  
 
a. the appearance of changes in the pattern of trade in the product subject to the 
anti-dumping duty between the exporting country concerned and Madagascar or between 
third countries and Madagascar ; 
b. that the changes in the pattern of trade are the result, as applicable, of one of the 
practices, operations or proces ses; 
c. that there are no economic justifications and reasons for the practices, operations or 
processes applied to the product under consideration, other than circumvention of the 
anti-dumping duty ; and 
d. that the changes in the pattern of trade occurred after the application of the anti -dumping 
duty or after initiation of the investigation that gave rise to the anti -dumping duty in force . 
The duration of the circumvention investigation shall be no more t han nine (9) months as from the 
date of publication of the notice of its initiation.  
 
Article 97  
 
Where t he Competent Authority determines that a definitive anti -dumping measure  is being 
circumvented, the definitive anti -dumping duty applied to the product  under consideration shall be 
extended to imports : 
 
a. of the modified product , alike to  the product subject to the definitive anti -dumping duty , 
consigned by exporters subject to the anti -dumping duty, provided that the modification 
concerned does not entail  a change in the essential characteristics of the product ; 
b. of the product alike to the product subject to the definitive anti -dumping duty, whether or 
not modified, consigned by exporters established in a third country, provided that the 
product concerned has not acquired origin from the said thir d country ; 
c. of the parts and components of the product subject to the anti -dumping duty, destined for 
assembly of a product alike to the product subject to the definitive anti -dumping duty, 
when consigned by exporte rs that are themselves subject to the anti -dumping duty . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  TITLE III  - PROCEDURES FOR SAFEGUARD MEASURES  
 
Chapt er 1 - General  
 
Section 1 - Definitions  
 
Article 98  
 
For the purposes of this Title, the following definitions shall apply : 
 
- Increased imports : a substantial, sudden and sharp  increase in the volume of imports of the 
product under consideration . 
- Domestic industry : the producers as a whole of the  products that are  like or directly 
competitive with the product under consideration operating within the  territory of 
Madagascar, or those whose collective output of the like or directly competitive product 
constitutes a major proportion of the total domestic production of those products . 
- Injury: serious injury consisting of a significant overall impairment in the position of a 
domestic industry . 
- Threat of injury : serious injury that is clearly imminent, based on facts and not merely on 
allegation or supposition . 
- Directly competitive product : the product other than the like product that directly competes 
with the product under consideration.  
 
Section 2 - Principles  
 
Article 99  
 
Any imported product entered for consumption  in the territory of Madagascar may be made subject 
to a safeguard measure if, following  an investigation initiated and conducted in accordance with the 
provisions of this Decree, it is est ablished that : 
 
a. the product is imported in such increased quantities, absolute or relative to domestic 
production ; 
b. the product is imported under  such conditions as to cause or threaten to cause serious 
injury to the domestic industry that produces like or directly competitive products . 
A safeguard measure may be applied only for the duration and to the extent necessary to prevent 
or remedy serious  injury and to facilitate adjustment of the do mestic industry.  
 
Article 100  
 
Except in special circumstances, a properly initiated investigation shall be concluded within nine (9) 
to twelve (12) months  after the date of initiation.  
 
The initiation and conduct  of a safeguard  investigation may not hinder the procedures of customs 
clearance of the products  under investigation . 
 
Article 101  
 
During the investigation  process , each interested party may submit its evidence and views, which 
shall be communicate d to the other interested parti es by the Competent Authority.  
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Chap ter 2 - Admissibility of the application  
 
Article 102  
 
Any application filed with a view to the conduct of a safeguard investigation must be accompanied 
by objective and documented data supporting the allegations of increase d imports of the product 
under consideration, serious injury or threat thereof  to the domestic injury and a causal link between 
the increase and the se rious injury or  threat there of. 
 
Article 103  
 
The application,  submitted in  two versions , one confidential and the other non -confidential, must 
contain at least the following elements : 
 
a. identification of the ap plicant or applicants : business  name, head office ; 
b. a sufficiently detailed description of the  product that is  like or directly competitive with the 
product under consideration produced by the applicant or applicants;  
c. a description of the volume and value of production  of the product tha t is like or directly 
competitive with the product under consideration produced by the applicant or applicants ; 
d. a description of the volume and value of total domestic production  of the  product that is 
like or directly competitive with  the product under co nsideration ; 
e. where the application is filed on behalf of a domestic industry, the industry on behalf of 
which it is filed, with, if possible, a list of domestic producers of the product that is like or 
directly competitive with the product under consideration  or of their associations or 
professional groups ; and a description of the volume and value of production  of that 
product accounted for by  such domestic producers or such associations  or groups ; 
f. a sufficiently detailed description of the product under consideration and a list of the 
importers of the product known to the applicant or applicants;  
g. relevant data regarding increase d imports of the p roduct under consideration ; 
h. information on the unforese en circumstances responsible for such increase ; and 
i. a descripti on of the serious injury or threat thereof  caused to the domestic industry by the 
increase d imports of the  product under consideration.  
The non -confidential version of the application shall con tain non -confidential summaries of 
information that is confidential or is provided on a confidential basis . 
 
Article  104 
 
An application regarding a safeguard measure shall be deemed to be submitted by or on behalf of 
the domestic industry if it is support ed by those domestic producers whose collective output 
constitutes a major proportion of total domestic production of the product that is like or directly 
competitive with the product under consideration.  
 
In order to  determine whether one or more products are directly competitive with the product under 
consideration, the Competent Authority shall examine the conditions of competition  on the dome stic 
market.  
 
Article 105  
 
Domestic producers supporting an application must expressly make themselves  known by means of 
a duly signed writing and  must give an  undertaking  with respect to the information provided  in the 
application and the subsequent investigation.  
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Chapt er 3 - Information gathering  
 
Article 106  
 
All person s with a demonstrated interest shall have thirty (30) days from the date of publication of 
the notice of initiation of the investigation to make themselves known  to the Competent Authority 
as an interested party and to comment on the subject  matter  of the proceedings . 
 
Article 107  
 
Upon initiation of the investigation, the Competent Authority shall, directly or through  diplomatic 
channels, send to all interested parties  the non -confidential version of the application and 
questionnaires intended to gather  information  needed for the in vestigation . 
 
They shall be given a period of  thirty (30) working days to respond , which  may be extended upon 
request , where justified . Any request  for extension  must be made during the five (5) days preceding 
the expiry of the initial response period.  
 
This period shall begin to run upon receipt of the questionnaires, which shall be deemed to have 
been received seven (7) days after the date of sending to an interested part y or of transmittal to a 
diplomatic representative.  
 
Article 108  
 
Following receipt of the responses  to the questionnaires and in  the light of the data available  to it, 
the Competent Authority shall  carry out a preliminary evaluation of the information  concerned.  
 
The purpose of the preliminary evaluation shall be  to make a preliminary de termination as to whether 
or not there are imports in such  increased quantit ies, injury to the domestic industry, and a causal 
link between imports in such increased quantit ies and the injury to the domestic industry.  
 
In the absence of any response  to the  questionnaire s within the prescribed  time-limit, the evaluation 
shall be carried out on the basis of the best information  available , including  the information contained 
in the application . 
 
Chap ter 4 - Determinations  
 
Section 1 - Increase d imports  
 
Article 109  
 
A determination of increase d imports of the product under consideration must be based on:  
 
a. unforeseen developments , and 
b. changes and trends  in a recent period  in the volume of imports of the product under 
consideration, in absolute terms or rel ative to domestic production . 
Article 110  
 
To this end , the Competent Authority shall  consider trends in the volume of imports of the product 
under consideration over a period of at least three (3) successive years immediately preceding the 
initiation of the investigation and shall consider to what extent those trends reflect a significant  and 
sudden increase in such imports during a recent period immediately preceding the date of initiation 
of the investigation . 
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Section 2 - Injury, threat of injury and causal link  
 
Article 111  
 
In order t o determine whether such increase has caused or threatens to ca use serious injury to the 
domestic industry, the Competent Authority shall examine and evaluate : 
 
a. the rate and amount of the increase in imports of the product concerned in absolute terms 
and relative to domestic production of the product co ncerned ; 
b. the share of the domestic market taken by the massive imports ; 
c. changes in the level of sales, production, productivity, utilization of production capacity, 
profits, losses and employment.  
In no event may injury caused to the domestic industry by f actors other than increase d imports of 
the product under consideration be attributed to that such increased imports . 
 
Article 112  
 
In determin ing a threat of serious injury, the establishment of the facts must be based on events 
which, although they have n ot yet occurred, must be clearly foreseen and imminent . Accordingly,  
the Competent Authority shall also consider : 
 
a. a significant rate of increase in imports of the product under consideration on the domestic 
market, indicating the likelihood of substantially increased importation ; 
b. the likely increase in demand for imports of the product under consideration to the 
detriment of the like or directly competitive domestic product ; 
c. the existence of sufficient freely disposable production capacity of th e exporter, or an 
imminent and substantial increase in the exporter's capacity, indicating the likelihood of a 
substantial increase in exports of the product under consideration to Madagascar , taking 
into account the availability of other export markets to  absorb any additional exports ; and 
d. inventories of the product under consideration available to foreign exporters.  
Article 113  
 
For the purpose of assessing serious injury or threat of serious injury , the Competent Authority shall 
in the course of the investigation collect the information required for such assessment relating to a 
period covering at least the last three (3) years immediately preceding the date of initiation of the 
investigation, for which data are available . 
 
Chap ter 5 - Provisional measure  
 
Article 114  
 
Following receipt of the responses to the questionnaires , or in the absence thereof on the basis of 
the best information  available , a provisional safeguard measure may be taken where : 
 
a. the circumstances indicate  that the lack of such a measure  would cause harm that would 
be more difficult to repair ; and 
b. on a preliminary basis, the assessment  indicates that there is sufficient evidence that the 
massive increase in imports of the product under consideration has caused or threatens 
to cau se serious injury to the domestic industry of the like product . G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 31 - 
  Article 115  
 
A provisional safeguard measure shall take the form of an additional ad valorem  or specific duty, on 
top of customs duties , applied to imports of the product under consideration  in the form of a deposit 
that may be reimbursed if, upon completion of the investigation, a final evaluation does not support  
a definitive determination that the massive increase in imports of the product under consideration 
causes  or threatens to cause se rious injury to the domestic industry of the like product.  
 
The assessment and collection of such additional duty shall be carried out in the same manner as 
with respect to customs duties . 
 
Article 116  
 
The period of application of a provisional safeguard measure may not exceed 200 days . 
 
Each provisional safeguard measure shall be published in the Official Journal of the Republic of 
Madagascar  and a notice thereo f shall be published in at least two national newspapers authorized 
to receive legal notices . Such notice shall be  notified to the interested parties  and conta in information 
on the findings made by the Competent Authority.  
 
The public notice concerning application of a provisional safeguard measure shall include or indicate 
the existence of a report  setting forth the findings and reasoned conclusions on the following points:  
 
a. description of the product under consideration;  
b. preliminary finding of a massive increase in imports of the product under consideration, 
injury or threat of injury to the domest ic industry ; 
c. preliminary finding of a causal link between the massive increase in imports and the 
serious injury or threat thereof ; 
d. rate of the provisional additional customs duty and its period of application;  
e. rate of the provisional additional duty;  
f. reasons for the application of the provisional measure . 
Chapt er 6 - Definitive measure  
 
Article 117  
 
At the end of the investigation, the Competent Authority may impose a definitive safeguard measure once: 
 
a. the init iation of the investigation has been widely publicized  to all interested parties, and 
the latter  have had the opportunity to comment and submit their views regarding the 
views  of other  partie s; 
b. a final evaluation has led to a  determination , on the basis of relevant and objective 
evidence , that the m assive  increase in imports of the product under consideration  has 
caused or threatens to cause serious injury to the domest ic industry of the like product ; 
c. a report has been  published setting out the findings made and conclusions reached by the 
Competent A uthority after examination of the pertinent issues of fact and law, and 
demonstrating the relevance of the factors taken into account . 
Article 118  
 
A definitive safeguard measure may take the form of : 
a. an additional duty on top of customs duties,  
b. quantitative restrictions,  
c. quotas,  or 
d. any other border measure deemed appropriate  for eliminating the injury to the domestic 
industry and enabling  the latter  to adapt to the new conditions of competition . G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 32 - 
  The report referred to in Article 117 must specify t he nature of the proposed measure , how it 
functions, and its relationship to the adjust ment of the domestic industry.  
 
Article 119  
 
As in the case of provisional measures, a measure applied in the form of an additional customs duty  
shall be levied on top o f the duties and taxes applicable to imports of the product under 
consideration , and such duty shall be assessed and collected in the same manner as a customs dut y. 
 
Article 120  
 
If a quantitative restriction is used, such a measure shall not reduce the qu antity 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 justification is given that a different level is 
necessary to prevent or remedy serious injury . 
 
Article 121  
 
In cases in which a quota is allocated among several supplying countries, an agreement may be 
reached with respect to the allocation of shares in the quota with all other countries having a 
substantial interest in supplying the product concerned . In cases in which this method is not 
reasonably practicable, countries having a substantial interest in supplying the product shall be 
allotted  shares based upon the proportions, supplied by such countries during a previous 
representative period, of the total quantity or value of imports of the product . Any special factors 
which may have affected or may be affecting the trade in the product must also be taken into 
account.  
 
Chapt er 7 - Review  
 
Article 122  
 
The maximum initial period of application of a definitive safeguard measure shall be four (4) years . 
This period may be extended under certain conditions.  
 
No extension shall be possible unless , in a written application filed by or on behalf of the domestic 
industry under the same conditions as the initial application:  
 
a. a review is carried out  in accordance with the procedures for an initial investigation;  
b. an evaluation upon completion of the rev iew supports  a determination that it is necessary 
to maintain  the measure to prevent or remedy serious injury ; and 
c. there are elements i ndicating that the domestic industry has been adjusting . 
A safeguard measure that has been extended shall not be more restrictive than it was at the end of 
the initial period, and should continue to be liberalized . 
 
In any event, the total period of application of a safeguard measure including the period of 
application of the provisional measure, the period of initial app lication of the definitive measure and 
any extension thereof, shall not exceed ten (10)  years.  
 
Article 123  
 
After the first year of application, the definitive safeguard measure shall be gradually phased out at 
regular intervals over the course o f the per iod of its application . 
 
If the duration of the measure exceeds three (3) years, the Competent Authority shall review the 
situation not later than the mid -term of the measure and, if appropriate, withdraw it or increase the 
pace of liberalization.  
 G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
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  Article  124 
 
A new safeguard measure may be taken against  a product already subject to a definitive safeguard 
measure pursuant to  a new application and in accordance with  the procedures provided by 
regulation . 
 
Article 125  
 
A safeguard measure shall be applied to all imports of the product like the product under 
consideration, irrespective of their source.  
 
All definitive safeguard measures shall be published in the Official Journal of the Republic of 
Madagascar.  
 
A notice in dicating the findings and conclusions of the Competent Authority  and the reasons for 
imposing a definitive safeguard measure  shall be published in at least two newspapers authorized 
to receive legal notices.  
 
This notice  shall include or indicate the exist ence of a report setting forth the findings and reasoned 
conclusions on the following points:  
 
a. description of the product under consideration ; 
b. definitive finding of a massive increase in imports of the product under consideration, 
injury or threat of serio us injury to the domestic industry ; 
c. definitive finding of a causal link between the massive increase in imports of the product 
under consideration and the serious injury or threat thereof ; 
d. description of the proposed definitive safeguard measure ; 
e. period of  application of the measure and timetable for progressive liberalization ; and 
f. reasons for the adoption of the definitive safeguard measure . 
Chapt er 8 - Termination  of investigation  
 
Article 126  
 
The investigation must be terminated  without the application of a definitive safeguard mea sure if 
the final evaluation does  not result in a n affirmative  determination of a massive increase in imports 
of the pr oduct under consideration, serious injury or threat thereof , or a causal lin k. 
 
In such case, a notice of termination  of investigation without imposition of a definitive safeguard 
measure shall be published in at least two national newspapers authorized to receive legal notice s 
and shall be notifi ed to the interested parties.  
 
The notice  of termination  of investigation without application of measures must contain the following 
information:  
 
a. identification of the applicants;  
b. description of the product under consideration ; 
c. date of initiation of the investigation ; 
d. considerations and reasons leading to the decision to initiate the investigation ; 
e. considerations and reasons leading to  the decision to terminate  the investigation ; and 
f. date of termination  of the investigation.  G/ADP/N/1/MDG/2 • G/SCM/N/1/MDG/1 • G/SG/N/1/MDG/2  
- 34 - 
  TITLE IV - FINAL PROVISIONS  
 
Article 127  
 
Where necessary, regulatory texts may be adopted in implementation of t his Decree . 
 
Article 128  
 
All previous  provisions contrary to the provisions  of this Decree are hereby definitively  repealed.  
 
Article 129  
 
The Minister of Trade and Consumer Affairs, the Minister of Finance and the Budget , the Minist er for 
Industry and Private Sector Development, and the Secretary of State for Economic Affairs to the 
Minist er of Foreign Affairs shall be responsible , in their respective spheres of competence , for 
implementing  the provisions of this Decree . 
 
Article 130  
 
For reasons of urgency and in accordanc e with Articles 4 and 6 of Ord inance  No. 62-041 of 
19 September 1 962 on domestic and private international law , this Decree shall enter into force 
immediately upon sufficient  public  broadcas t: 
 
Done at Antananarivo, 16 August 2 017 
 
By the Prime Minister  
and Head of Government  MAHAFALY Solonandrasana Olivier  
Minister of Trade and Consumer  Affairs  
 
 
TAZAFY Armand  Minister of Finance and the Budget  
 
 
ANDRIAMBOLOLONA Vonintsalama 
Sehenosoa  
Minister for Industry and Private Sector 
Development  
 
 
NOURDINE Chabani  Minister of Foreign Affairs  
 
 
 
ATALLAH Béatrice  
 
 
Secretary of State for Economic Affairs  
to the Minister of Foreign Affairs  
 
RAFATROLAZA Bary Emmanuel  
 
 
Authenticated copy  
 
Antananarivo, 6 October 2 017 
 
CHIEF SECRETARY OF THE GOVERNMENT  
 
FARATIANA Tsihoara Eugène  
 
__________