Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures (economy and business law)

Article (1)  
Definitions  
Wherever used herein, unless the context otherwise requires, the following words and 
expressions shall have the meanings assigned thereto respectively:  
State  : The United Arab Emirates  
Ministry  : Ministry of Economy  (MOE)  
Minister  : Minister of Economy   
Department  : MOE's Department for Combating Harmful Practices in 
International Trade  
Advisory Committee  : Advisory Committee for Combating Harmful Practices in 
International Trade  
Government Body  : Any federal or local government entity associated with the 
application of the provisions of the Law and this 
Resolution . 
GCC States  : Member States of the Gulf Cooperation Council.  
Gulf Bodies Concerned  : Bureau of the Technical Secretariat, the Standing 
Committee for Combating Harmful Practices in 
International Trade, and the Committee for Industrial 
Cooperation of GCC States  
Ministerial Committee  : Committee for Industrial Cooperation formed by the GCC’s 
Ministers of Industry.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  3 
 Standing Committee  : Committee for Combating Harmful Practices in the 
International Trade of the GCC States  
Bureau of the Technical 
Secretariat  
 : Bureau of Technical Secretariat for Combating Harmful 
Practices in International Trade of the GCC Countries.  
Judicial Tribunal  : Judicial Body established under the Unified Economic 
Convention of the GCC States.  
WTO  : World Trade Organization  
WTO Agreements  : Agreements emanating from the Final Declaration of the 
Uruguay Round of Multilateral Trade Negotiations, which 
was ratified under Federal Decree No. (21) of 1997.  
Harmful Practices in 
International Trade  : Dumping, subsidy or unjustifiable  increase s of imports  
Dumping  : In the context of international trade, dumping refers to 
exporting a product to the State at prices lower than the 
home -market prices of a similar product  
Subsidy  : Financial contribution or any other form of monetary 
support provided by the government o r any public body 
with the State of origin, or “any form of income or price 
support in the sense of Article XVI of GATT 1994," thus 
conferring a benefit upon the subsidy rec ipient . 
Increase in Imports  : Importation into the GCC States of products in large 
quantities, either in absolute terms or relative to the 
domestic production, which cause s serious injury to an 
established GCC industry  
Measures  : Anti -Dumping, countervailing and preventive measures.  
Anti -Dumping Measures  : Actions and measures to be taken against dumping.  
Countervailing Measures  : Actions and measures to be taken against the subsidies  
allocated . 
  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  4 
 Preventive Measures  : Actions and measures to be taken against the increase in 
imports.  
Provisional Measures  : Interim actions and measures taken during the 
investigation period and upon coming to provisional 
positive findings . 
Final Measures  : Actions and measures that are taken after the investigation 
is completed and upon coming to final positive findings.  
Complaint  : A written application to be submitted according to a form 
set for such purpose.  
Domestic  Industry  
 : The entire body of p roducers of similar products in a State , 
or those whose collective output of the products 
constitutes a major proportion of the gross domestic 
production of those products in anti -dumping and subsidy 
investigation s. The domestic industry, within the 
preven tion investigation s, refers to the State’s producers as 
a whole of the similar or direct ly competitive products, or 
whose collective output of the production of similar 
products or direct ly competitive products constitutes a 
major proportion of the gross domestic production of those 
products.  
GCC Industry  : The entire body of producers of simi lar products in the GCC 
States , or those whose collective output of the products 
constitutes a major proportion of the gross GCC production 
of those products in anti -dumping and subsidy 
investigations. The GCC industry, within the prevention 
investigations, refers to the GCC’s producers as a whole of 
the like or direct ly competitive products, or whose 
collective output of the pr oduction of similar products or 
direct ly competitive products constitutes a major 
proportion of the gross GCC production of those products.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  5 
 Related Parties  : A foreign exporter or producer, importer of a product under 
investigation , producers in whose industrial inputs the 
product under investigation is included, or governmental  
or private agencies representing or protecting the interests 
of consumers, governments of exporting country or any 
other local or foreign parties having an interest in the  
product under investigation.  
Injury  : Injury, in the sense of an anti -dumping and subsidy 
investigation s, is a material injury, or threat of a material 
injury, or material impediment to the establishment of 
domestic or Gulf industry. Injury, in the sense of prevention 
investigations, is a serious injury or threat of serious injury 
to the domestic or Gulf industry.  
Serious Injury  : means an injury that causes a significant overall 
impairment in the standing of the domestic or Gulf 
industry.  
The t hreat  of Serious Injury  : means an imminent serious injury resulting in a significant 
weakening of the established national or Gulf industry.  
Normal Value  : The price paid or payable for a similar product, in the 
ordinary course of trade, when destined for consumption 
in the exporting country market.  
Export Price  : The price paid or payable for the product under 
investigation by an importer when sold from the exporting 
country.  
Margin of Dumping  : The difference between the normal value and the export 
price during the period of investigation.  
Subsidy  : An amount that represents the benefit accruing to the 
subsid y beneficiary during the period of investigation.  
National Market  : The market  of the State . 
Gulf Market  : GCC Markets . Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  6 
 Similar Product  : A Product which is identical  or having a resemblance in all 
aspects to the product under investigation, or, in the 
absence of such a product, an y other product which, 
although not alike in all respects, has characteristics closely 
resembling those of the product under investigation . 
Specific Subsidy  : A subsidy resulting in countervailing measures  be taken . 
Subsidized Imports  : Imports of products under investigation that received 
specific subsidies.  
Product Under 
Investigation  : The product imported to the State as described in the 
declaration of initiation of the investigation . 
Importing Country  : A county e xporting and /or producing the product under 
investigation.  
Government  : A local or regional government or authority in a foreign 
country, or a body or organization exercising authority on 
behalf of a foreign country union , or a person, body or 
institution acting on behalf of such bodies.  
Independent Buyer  : A buyer who has no commercial or production association 
or any other business with  an importer  in an importing 
country, or an exporter or producer in an exporting 
country, or who is not directly or indirectly  controlled by a 
third party or members of the s ame family.  
Official Bulletin  : A newsletter issued by the Bureau of the Technical 
Secretariat.  
Official Gazette  : The Official Gazette  of the State . 
Common Law  : Common Law of Anti -Dumping and Countervailing and 
Preventive Measures of the GCC States.  
Law  : Federal Law on Anti -Dumping and Countervailing and 
Preventive Measures.  
 
  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  7 
 Part Two  
Harmful Practices in International Trade of Domestic Industry  
Section One  
Complaint and Investigation Procedures  
Chapter One  
Conditions for Filing a Complaint

Article (2)  
1. A complaint against dumping, subsidization or unjustified increase in imports shall be lodged 
to the Department in writing, in accordance with the provisions of Article 3 of the Law, on the 
form set  by the Department for this purpose. The complainant shall enclose with the 
complaint a non -confidential summary of the complaint with  sufficient  details to permit a 
reasonable understanding of the substance of the confidential information furnished . 
2. The c omplaint shall be submitted by the domestic industry or on behalf thereof, by the 
competent chambers of commerce and industry of any the State, or by producers’ unions.  
3. The complaint shall include evidence of the existence of dumping, specific subsidy or 
unjustified  increase s of imports, the injury caused by the allegedly injurious practices and the 
causal relationship between the injurious practice and the alleged injury to the complainant, 
and all available information supporting the complaint.  
4. In special  circumstances, the Minister or his delegate  may give orders for initiating an 
investigation without receiving a complaint from those persons or bodies mentioned in 
paragraph 2 of this Article, on its own initiative or upon a request from the Advisory 
Committee, when there is sufficient evidence as stated in paragraph 3 of this Article that 
justifies the initiation of the investigation.  
 
 
 
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  8

Article (3)  
The Department shall, no later than  thirty (30) business days as of the first business day 
subsequent to the receipt of the complaint, examine the accuracy and adequacy of the evidence 
provided in the complaint and prepare an initial report  thereon . The report shall be submitted to 
the Advisory Commission together along with its recommendations w hether to reject the 
complaint or initiate the investigation.

Article (4)  
The Minister or his delegate  shall, no later than  fifteen (15) business days as of the date of receipt 
of the initial report, issue its decision on the complaint including the recommendation of the 
Advisory Committee. The decision shall include any of the following:  
1. Admitting the complaint in principle and referring it the Department to register it in the 
relevant registers set for that purpose, and initiating the investigation when they are satisfied 
that the information, data, evidence,  and  facts submitted with the complaint are sufficient  to 
justify the investigation as per the provisions of the Law and this Resolution ; or 
2. Rejecting the complaint due to inaccuracy, incorrectness,  or insufficiency of information to 
justify the initiation of the investigation.

Article (5)  
The Department shall notify the complainant of the Minister's Resolution  within seven (7) 
business days from the date of the issuance thereof.

Article (6)  
1. The Minister or his delegate  shall decide to initiate an anti -dumping or an anti -subsidy 
investigatio n only when the complaint is supported by domestic producers whose collective 
output constitutes more than fifty percent (50%) of the total production of producers who 
expressed either support or opposition to the complaint. The percentage of producers 
expressed supporting the complaint shall not be less than twenty -five percent (25%) of the 
total  production of the domestic similar product . Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  9 
 2. Upon assessing the availability of national industry representation  ratio , producers associated 
with exporters or importers or who themselves are importers of the product in question may 
not be taken into account.  
3. For the purpose of paragraph (2) of this Article, producers shall be deemed to be related to 
exporters or importers only if one of them  directl y or indirectly controls the other; or both of 
them are directly or indirectly controlled by a third party; or together they directly or indirectly 
control a third party, provided that there are grounds for believing or suspecting that the effect 
of the re lationship is such as to cause the producer concerned to behave differently from non -
related producers. For the purpose of this paragraph, one shall be deemed to control another 
when the former is legally or operationally in a position to exercise authorit y over the latter.

Article (7)  
1. Prior to the commencement of an investigation  into dumping or subsidy complaints, the 
Department shall inform the State or States concerned of the receipt of the complaint.  
2. The Department shall, upon admitting a complaint regarding subsidization and before the 
initiation of an investigation, take all  necessary measures for calling the exporting countries of 
the subsidized products under consideration to conduct consultations with the aim of 
clarifying the facts of the complaint, the evidence provided in the complaint and to reach a 
mutually agreed sol ution.  
3. The conduct of consultations shall not prevent the initiation of the investigation or reaching 
initial or final determinations or the application of provisional or final measures in accordance 
with the provisions of hereof.

Article (8)  
The Department shall keep records for the complaints submitted thereto, and maintain all related 
procedures and actions as well as confidential files that are provided on a confidential basis or 
that are by their nature confidential. Such confidential info rmation shall not be disclosed except 
as the provisions of protection and treatment of confidential information according to the Law 
and this Resolution . 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  10 
 Chapter Two

Article (9)  
Procedures of Investigation  
The Department shall, within ten (10) working days from the date of issuance of the affirmative 
decision by the Minister or his delegate , announce the decision to start the investigation in the 
Official Gazette or in the State’s two most popular daily news papers. The initiation of an 
investigation shall be effective on the date on which the notice of initiation is published in the 
Official Gazette. The notice of initiation of an investigation shall contain the following 
information:  
1. A description of the pro duct under investigation, including its technical characteristics, end -
uses  and  its current tariff classification number in accordance with the relevant legislation.  
2. A description of the domestic similar product(s) or directly competitive product(s), inclu ding 
their technical characteristics and end -uses . 
3. The name and address of the complainant and all other known producers of the like domestic 
product(s) or directly competitive product(s).  
4. Name(s) of the country( ies) of origin or export of the product unde r investigation.  
5. A general summary of the factors related to the allegations of serious or material injury or 
threats thereof and practices under investigation.  
6. The date of initiation of the investigation.  
7. The timetable for the investigation procedures, in cluding:  
a. The period during which Related Parties  desiring to participate in the investigation shall 
inform the Department in writing of the same.  
b. The time frames within which Related Parties  shall present their arguments or information 
in writing.  
c. The time -limits within which Related Parties  have the opportunity to present their 
viewpoints in writing, as required.  
d. The time limit within hearing session are called to be held, when necessary.  
e. The address of the Department, the Department Director’s name, address and  phone or 
the party to whom the Related Parties  shall submit information and comments.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  11

Article (10)  
1. Subject to the protection of the confidential information, the Department shall, as soon as the 
anti -dumping and anti -subsidy investigations are initiated, provide the full text of the non -
confidential version of the complaint and a copy of the notice of initiation of the investigation 
to all known Related Parties  and the representatives of the exporting countries by official 
means. In the case of protection investigations, the Related Parties  shall be notified by 
publishing the notice of initiation in the Official Gazette or the State’s two most popular daily 
newspapers.  
2. If the number of exporters involved in the investigation is substantially high, the full text of 
the non -confidential version of the complaint may instead be provided only to the authorities 
of the exporting countries.

Article (11)  
1. The Department shall, in the case of anti -dumping and anti -subsidy investigations, send as 
soon as possible questionnaires to the known Related Parties , including known domestic 
producers, importers, exporters, foreign producers, and consumer associations t o collect the 
necessary data and information.  
2. In the case of protection investigation, questionnaires shall be sent to the parties who made 
themselves known and request a questionnaire or through the diplomatic representatives of 
the State or the exporting  countries.

Article (12)  
1. Related Parties  shall clearly and completely respond to questionnaires no later than  forty (40) 
days from the date on which the questionnaires were sent to them in accordance with Article 
11 hereof, or to the appropriate diplomatic representative of the exporting country.  
2. Upon a well -substantiated  request of the parties referred to in thi s Article, the period specified 
in paragraph (1) of this Article may be extended for ten (10) days from the date of expiry of 
the initial period.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  12 
 3. A questionnaire shall be considered to have been received by an exporter  or foreign producer 
after seven (7) days from the date of sending or  referring it to the appropriate diplomatic 
representative of the country concerned . 
4. The Department may refrain from reply ing to a questionnaire  that is not submitted within the 
time -limi t provided for replying and those which are not submitted in the requested form, 
where it considers that the conditions for disregarding information under Article 26 hereof 
have been met.

Article (13)  
If the number of exporters, producers, importers, types of products or transactions under 
investigation is substantially large to such extent which make such  investigation impracticable, 
the investigation may be limited to a  representative sample of Relate d Parties , products under 
investigation or transactions, by using statistically -valid samples based on either the information 
available at the time of selection or the largest percentage of export volume, production, or sales 
of the country concerned  which  can be reasonably verified during the period of the investigation.

Article (14)  
1. All parties request ing to participate in the investigation as Related Parties  within the time -limit 
stated in the notice of initiation of the investigation shall have equal opportunity to defend 
their interests. Public hearings may be held to present their views and arguments, taking into 
consideration the need to protect the confidential information.  
2. There shall be no obligation on any interested party to attend public hearin gs, and failure to 
do so shall not be prejudicial to that interested party’s case.  
3. All parties request ing to participate in the investigation as interested party within the time -
limit stated in the notice of initiation shall have equal opportunities, whenever practicable, 
upon a written request, to access the information related to the investigation and that used to 
reach the findings of the investigation, in accordance with the rules concerning confidential 
information contained in the Law and hereof.  
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  13

Article (15)  
1. The Department shall keep records of the hearings and shall keep them in the general file, with 
the exception of confidential information.  
2. All Related Parties  participating in the public hearing  and furnishing a reasonable reason, shall 
have the right to p rovide other oral information related to the investigation. However, such 
information shall not be taken into account in the investigation unless it is subsequently 
submitted in writing no later than  ten (10) days after the date of public hearing.

Article (16)  
Related Parties  wishing to attend a public hearing shall notify the Department at least seven (7) 
business days before the date of the public hearing of the names of their representatives who will 
attend the hearing as well as the written argu ments and information to be provided at the hearing.

Article (17)  
Public hearings held in accordance with  the provisions hereof shall be chaired by the 
Department’s Director or his representative , in order to take the necessary measures to protect 
confidential data and statistics. Public hearings shall be organized in a manner to ensure that all 
participating parties have adequate opportunities to present their views.

Article (18)  
1. Subject to the approval of the companies concerned and the no object ion of the country 
concerned  after notifying its representatives, the Department may conduct field visits outside 
the State to verify the information provided and to obtain further details regarding the data 
and information required by the investigation in  the complaint submitted in accordance with 
the provisions hereof.  
2. The Department may conduct field visits within the State so as to verify the information 
provided and obtain further details regarding the data and information required by the 
investigation in the complaint submitted in accordance with the provisions hereof.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  14 
 3. The procedures and provisions set forth in Annex I of the WTO Agreement on the 
Implementation of Article VI of the General Agreement on Tariffs and Trade of 1994 and 
Annex V I of the Agreement on Subsidies and Countervailing Measures shall apply to the visits 
conducted under this Article.

Article (19)  
1. Any information , which is by nature confidential,  or which is provided on a confidential basis 
by Related Parties , shall be tr eated as confidential, upon a reasonable cause. In this case, such 
information shall not be disclosed without a written and express permission of the submitting 
party.  
2. Related Parties  providing confidential information shall be required to furnish reasons 
supporting such a confidential treatment and non -confidential summaries thereof. Such 
summaries shall include sufficient details to permit a reasonable understanding of the 
substance of the information submitted in confidence.  
3. In exceptional circumstances, any of the Related Parties  may indicate that confidential 
information susceptible of the summary . In such cases, a statement of the reason (s) shall be 
provided.  
4. If it is found that the request for confidentiality is not warranted, and if the party providing the 
information is either unwilling to make the information public or to authorize its disclosure in 
general or summary form, such information, may be disregarded unless it c an be satisfactorily 
demonstrated by appropriate sources that the information is correct.

Article (20)  
1. The Department shall prepare an initial  report of results no later than one hundred and eighty 
(180) days after initiation of the investigation. The Dep artment also shall prepare a final report 
one hundred and eighty (180) days from the date of the preliminary report, which shall 
include all information, clarifications, notices,  and  declarations issued by the Department at 
that time, as well as the extent of availability of the standards, requirements and conditions 
stipulated herein.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  15 
 2. The Department shall provide the results referred to in this Article in reports that contain 
suffici ent details about the results of all law and fact matters and  shall explain the reasons on 
which such results were reached, taking into account the rules for the protection of 
confidential information.  
3. All Related Parties  may submit comment and defence  to preliminary reports or any 
announced results during the investigation and before the final results  are reached , no later 
than  fifteen (15) days from the date of publi shing or make the same available .

Article (21)  
In light of the report of the Department referred to in article (20) hereof and the recommendation 
of the Advisory Committee, and no later than  thirty (30) business days from the date of sending 
the report, the Minister or his delegate  shall issue one of t he following decisions:  
1. Terminating the investigation without imposing measures, where it is found that there is no 
sufficient evidence of practices of dumping, subsidy, or unjustified  increase s of imports, or 
absence of injury, or the absence of a causal relationship  between the practice and injury; or  
2. Imposing provisional measures or any related measures, where it is found that there is an 
evidence of practices  of dumping, subsidy or unjustified  increase s of imports and injury, and 
presence of a causal relationship is established.

Article (22)  
Upon the decision of the Minister or his delegate  to terminate the investigation without imposing 
measures, the Department shall notify the complainant and publish a public notice in the Official 
Gazette or the State’s two most popular newspapers, including the following information:  
1. Identity  of the complainants and the domestic products for which the investigation was 
requested . 
2. Identifying products under in vestigation.  
3. Reasons for termination.  
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  16

Article (23)  
In all cases , the investigation shall be completed within twelve (12) months from its date of 
initiation  thereof . In exceptional cases, the Minister or his delegate  may extend this period for no 
more than six (6) months.

Article (24)  
Upon the decision to impose measures, whether provisional or  definitive, the Department shall 
notify the complainant and issue a public notice of the decision in the Official Gazette the State’s 
two most popular newspaper s, which  shall , taking into consideration confidentiality 
requirements, contain the following information:  
1. The identity of the parties subject to the measures.  
2. Identifying the products subject to the measures.  
3. A summary of the reasons resulting in the imposition of measures.  
4. The form, level,  and  duration of the measures.

Article (25)  
1. Notifications, correspondence, inquiries and other communications shall be sent to the 
Related Parties  known within the State by a registered mail with the knowledge of receipt to 
the party concerned or its legal representative.  
2. The above -mentioned  notification sent to the known Related Parties  in foreign countries shall 
be served through their diplomatic representatives or authorized consuls in the State.

Article (26)  
1. In cases where an interested party refuses or fails to provide the required info rmation or  fails 
to provide the same within the specified periods or in the approved forms, or impedes the 
conduct of investigation by any means whatsoever , initial  and final determinations, whether 
affirmative or negative, may be taken on the basis of the information available.  
2. If any interested party provides false or misleading information, such information shall be 
disregarded,  and available information may inste ad be used.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  17 
 3. For the purpose of applying this Article, applicable procedures and provisions set forth in 
Annex II of the WTO Agreement on Implementation of Article VI of the General Agreement on 
Tariffs and Trade 1994 shall be taken in consideration.  
 
Secti on Two  
Anti -Dumping  
Chapter One  
Determinations of Dumping

Article (27)  
1. The normal value shall be calculated based on the comparable price paid or payable, in the 
ordinary course of trade, for sales of similar product  by independent customers in the 
domestic market of the exporting country.  
2. Notwithstanding paragraph 1 above, where a product under  investigation is  not imported 
directly from the country of origin but is exported to the State from an intermediate country, 
the normal value shall be established on the basis of comparable price paid or payable, in the 
ordinary course of trade, in the domestic market of the country of origin if the products are 
not produced in the exporting country (i.e., the products are merely transhipped  through the 
exporting country), or there is no comparable price for them in the exporting country.  
3. In the case of an association, par tnerships agreements or a compensatory arrangement or 
other related arrangements form of compensatory arrangement among Related Parties , prices 
among them may be considered to be not in the ordinary course of trade and may not be used 
to establish normal value.  
4. Sales of the similar product  destined for consumption in the domestic market of the exporting 
country shall be considered to be of sufficient quantity for the determination of the normal 
value if such sales constitute five percent (5%) or mor e of the export sales volume of the 
product under investigation to the State. However, a volume of sales lower than five percent 
(5%) of sales may be used if the Department is satisfied, based on the evidence to be submitted 
or otherwise available, that th e sales of such lower volume are nonetheless of sufficient 
magnitude to provide for proper comparison.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  18 
 5. When there are no sales of the similar product  in the ordinary course of trade in the domestic 
market of the exporting country, or when a proper comparis on cannot be made under such 
sales due to the particular market situation or the low volume of the sales in the domestic 
market of the exporting country, the normal value of the similar product  shall be established 
on the basis of the cost of production in  the country of origin plus a reasonable amount for 
administrative selling and general costs as well as for profit margin, or on the basis  of export 
price, in the ordinary course of trade, to an appropriate  third country, provided that this price 
is reason able.  
6. Sales of the similar product  in the domestic market of an exporting country or export sales to 
a third country at prices below per unit either fixed and variable, costs of production plus 
administration, selling and general costs shall not be treated  as being in the ordinary course of 
trade by reason of price, and; thereby, may be disregarded in determining the normal value, 
only if it is determined that such sales were made:  
a. Within an extended period of time, which shall normally be for one (1) year and shall in 
no case be less than six (6) months.  
b. In substantial  quantities, when it is established that the weighted average selling price of 
the transactions under consideration for the determination of the normal value is below 
the weighted average unit  cost, or that the volume of sales below cost is not less than 
twenty percent (20%)  of sales under consideration for the determination of the normal 
value.  
c. At prices which do not provide for recovery of all costs within a reasonable period of time, 
if pric es which are below per unit costs at the time of sale are above the weighted average 
per unit cost for the period of investigation, such prices shall be considered as providing 
for recovery of costs within a reasonable period of time.  
7. Where the country exporting the product under investigation is a non -market economy 
country, normal value may be determined on the basis of: - (1) the comparable price paid or 
payable or constructed normal value, in the ordinary course of trade, for sales of the  simi lar 
product  when destined for consumption in a market  economy of a third country; (2) the 
comparable price paid or payable, in the ordinary course of trade, for exports of the similar 
product  from such a market economy of the third country to other countri es, including the Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  19 
 State; or (3) any other reasonable basis including the price actually  paid or payable in the State 
for the similar product , duly adjusted if necessary to include a reasonable profit margin.

Article (28)  
1. The export price shall be determin ed on the basis of the price paid or to be paid for the product 
under investigation when it is sold for export from the exporting country to the domestic 
market.  
2. In cases where there is no export price of the product under  investigation or where it appears  
that the export price is unreliable because of association or a compensatory arrangement 
between the exporter and the importer or a third party, the export price may be constructed 
on the basis of the price at which the imported products are resold to fir st independent buyer, 
or if those products are not resold to an independent buyer, or not resold in the condition as 
they were imported, or any reasonable basis.

Article (29)  
1. A fair comparison shall be drawn between the export price and the normal value.  
2. This comparison shall be drawn at the same level of trade, normally at the ex -factory level, 
and in respect of sales made as close as possible to the same time and with due account to be 
taken in consideration, the settlements for differences which affect price comparability. This 
comparison includes differences in conditions and terms of sale, physical characteristics, 
import charges, taxation, quantities, level of trade, and any other differences which are 
claimed and also demonstrated by Related P arties  to affect prices and price comparability.  
3. If the export price is determined on the basis of the selling price of the product under 
investigation to the first independent buyer in the domestic market, the allowances for costs, 
including duties and ta xes, incurred by importation and resale, as well as profit margins 
accruing, shall also be made. In the case that price comparability has been affected, the normal 
value shall be calculated at a level of trade equivalent to the level of trade of the constr ucted 
export price or due allowances shall be made for the differences mentioned in this Article.  
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  20

Article (30)  
1. The margin of dumping shall be normally determined during the investigation period, on the 
basis of a comparison between the weighted average of the normal value and the weighted 
average of export price, for all exports of the product under investigation to the domestic 
market, or by comparing the normal value and the export price on transaction -by-transaction 
basis.  
2. A normal value estab lished on a weighted average basis may be compared to prices of 
individual export transactions to the domestic market, if there is a pattern of export prices 
which differ significantly among different purchasers, regions or time period, and if using the 
methods in paragraph 1 would not reflect the total margin of dumping properly.  
3. Dumping margin shall be determined based on the amount by which the normal value 
exceeds the export price. An individual dumping margin shall be determined for each known 
exporter  or producer concerned by the product under investigation.  
4. Subject to the provisions of paragraph (3) of this Article, in cases where the number of 
exporters, producers, importers, or types of  products involved or trade transactions is 
substantially large to such extent which make s it impracticable to determine an individual 
dumping margin for each known exporter or producer, the investigation may be limited to an 
examination of a reasonable number of Related Parties , products or transactions by using 
sampl es which are statistically valid on the basis of information available at the time of the 
selection, or through the largest percentage of the volume of production, sales or exports 
which can reasonably be investigated within the given time -limit.  
5. When an i nvestigation is limited to a given sample in accordance with this Article and Article 
13, any anti -dumping  measures applied to imports from exporters or producers which have 
made themselves known but not included in the sample shall not exceed the weighted 
average dumping margin established with respect to the selected exporters or producers 
provided that any zero, minimal margins, and margins established in circumstances referred 
to in Article 26 hereof shall be disregarded.  
6. In cases where the examination is limited in accordance with this Article and Article 13, 
individual determinations of dumping margin sha ll be made for any exporter or producer not 
initially selected who submits the necessary information within the time -limit for that Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  21 
 information to be considered during the investigation, except where the number of exporters 
or producers is so large that in dividual examinations would be unduly burdensome to the 
authorities and prevent timely completion of the investigation.  
 
Chapter Two  
Identification of Injury

Article (31)  
A material injury to domestic industry shall be identified based on an objective exam ination of all 
positive evidence, including:  
1. The volume of dumped imports and their impact on the prices of the sale of similar product s 
in the domestic market as evidenced by the following:  
a. With regard to the volume of dumped imports, consideration shall be made to whether 
there has been a significant increase in dumped imports, either in absolute terms or 
relative to production or consumption in the State’s market.  
b. With regard to the effect of imports dumped on the prices of the sale o f the similar product  
in the domestic market, consideration shall be made to whether:  
- There has been a significant price undercutting in such dumped imports when 
compared with the price of the domestic similar product ; 
- There has been a significant price un dercutting in the domestic similar product  by such 
dumped imports; or  
- The effect of such imports is to prevent price increases, which otherwise would have 
occurred, to a significant degree.  
c. No one or several of the factors identified in paragraph 1 of this  Article can necessarily 
provide decisive guidance to material injury.  
2. The impact of the dumped imports on the domestic industry involved, through an evaluation 
of all relevant economic factors and indices having a bearing on the state of the industry, 
including:  
a. Actual  and potential decline in sales, profits, production, market share, productivity, return 
on investments, or utilization of capacity;  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  22 
 b. Factors affecting the domestic market prices; actual and potential negative effects on cash 
flow, inventories , employment, wages, investment, growth and  ability to increase  capital; 
and  
c. The magnitude of the dumping margin.  
d. This list is not exhaustive, nor can any one or more of these factors necessarily give 
decisive guidance to the occurrence of material injury.  
3. The impact of the dumped imports shall be assessed in relation to the domestic production of 
the similar product , when available data allow separate identification of that production on 
the basis of criteria such as the production process and produ cers' sales and profits. If such 
separate identification of production is not possible, the evaluation of the impact of dumped 
imports shall be undertaken by searching in narrowest group or range of products which 
include the similar product  on which the n ecessary information can be provided.

Article (32)  
1. A threat of material injury on the domestic industry shall be identified on facts and not merely 
on allegation, conjecture or remote possibility and on an examination of whether such injury 
is clearly for eseen and imminent, subject to the following:  
a. A significant rate of increase of dumped imports into the domestic market indicating the 
likelihood of substantially increased importations;  
b. Sufficient production capacity of the exporter or an imminent, substantial increase in such 
capacity indicating the likelihood of substantially increased dumped exports to the 
domestic market, taking into account the availability of other export markets to 
accommodate any additional exports;  
c. Whether imports are entering at prices that will have a significant  depressing or 
suppressing effect on domestic prices and would likely increase demand for further 
imports; and  
d. Inventories of the product under investigation.  
2. Other relevant factors that are supported by s ufficient evidence may be taken into 
consideration. However, no one or several of these factors listed above, alone or in 
combination, can necessarily give decisive guidance but the totality of the factors considered Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  23 
 shall lead to a conclusion that more du mped exports are imminent and that, unless 
countervailing measures action are taken, the material  injury will occur.

Article (33)  
1. It shall be verified that injuries caused to the domestic industry are resulting from dumped 
imports and they are not related  to other reasons.  
2. Known factors other than dumped imports, which are at the same time injuring the domestic 
industry, shall be examined, and injuries caused by these other factors shall not be attributed 
to the dumped imports. Factors which may be relevan t in this respect include, inter alia:  
a. The volume and prices of imports not sold at dumped prices.  
b. Contraction  in demand or changes in the patterns of consumption.  
c. Commercial restriction and competitions between domestic and foreign producers.  
d. Developments in technologies.  
e. Development of export performance and productivity of the domestic industry.

Article (34)  
Where imports of a product from more than one country a re simultaneously subjected to an anti -
dumping investigation, the effects of such imports shall be cumulatively assessed only if it is 
determined that:  
1. The margin of dumping established in relation to the imports from each country is more than 
the minimal  dumping margin, two percent (2%) or more of the export price;  
2. The volume of the dumped imports from each country is not negligible, which three percent 
(3%) or more from total  of the State’s imports of the product under investigation; and  
3. A cumulative assessment of the effects of the imports is appropriate in  light of the conditions 
of competition among the imported products from concerned countries, and the conditions 
of competition among the imports and the like domestic product.  
 
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  24

Article (35)  
An immediate termination of the investigation shall be recommen ded without imposing 
measures in any of the following cases:  
1. Withdrawal of the complaint, unless where such termination is against the State’s interest.  
2. There is no sufficient evidence for the existence of dumping, injury or causal relationship 
between the m to justify the continuation of an investigation.  
3. When the dumping margin is minimal,  i.e. less than two percent (2%), expressed as a 
percentage of the export price.  
4. If the volume of dumped imports of the product under investigation  from a particular country 
is negligible; i.e. less than three percent (3%) of the total imports of the product under 
investigation to the domestic market, unless imports from all countries under  investigation 
which individually account for less than three percent  (3%) of the total imports of the product 
under investigation  collectively account for more than seven (7%) percent of imports of the 
product under investigation to the domestic market.  
 
Chapter Three

Article (36)  
Anti -Dumping Measures  
1. The Minister or his delegate  may, upon the recommendation of the Advisory Committee, 
impose provisional anti -dumping measures if:  
a. An investigation has been initiated and public notice has been published in the Official 
Gazette or the State’s two most popular daily newspapers . 
b. Related Parties  have been given adequate opportunity to  submit information and make 
comments; and  
c. An initial  affirmative determination of dumping indicates that there is a consequent injury 
to the domestic industry , and  provisiona l measures are necessary to prevent injury being 
caused during the investigation. However, an initial  negative determination of dumping 
does not necessarily lead to terminating the investigation; however, in such a case, no 
provisional measures shall be im posed.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  25 
 2. Provisional measures may take the form of provisional customs duties or, preferably, take the 
form of cash deposits or guarantee bonds that are not greater than the dumping margin 
provisionally estimated amount,  provided that provisional measures sh all not be applied 
sooner than 60 days from the initiation of the investigation.  
3. The application of provisional measures shall be limited to as short a period as possible; not 
exceeding four (4) months and  may be extended for further two (2) months as requ ested by 
exporters representing a significant percentage of the trade of the concerned product or upon 
no objection when notifying those exporters by the Department.

Article (37)  
1. The Minister or his delegate , on the recommendation of the Advisory Committee, shall impose 
final anti -dumping duties , provided not exceeding the margin of dumping set in accordance 
with the provisions hereof.  
2. Final anti -dumping duties  shall be imposed on all sources found to be dump ed and causing 
injury to the domestic industry, except for imports from those sources from which price 
undertakings have been accepted.  
3. In the event that provisional anti -dumping measures are imposed, the proposal to impose the 
definitive measures shall be  submitted to the Minister or his delegate  no later than  30 days 
prior to the expiry of the period of the provisional measures.

Article (38)  
1. Anti -Dumping duties shall remain in force only for the period and limit necessary for anti -
dumping that causes inj ury.  
2. Final anti -dumping duties  shall expire not later than five (5) years from their imposition or, if 
earlier, five (5) years from the date of the conclusion of the most recent review that was 
initiated and addressed both the dumping and injury, and if it  is determined in such a review 
that the expiry would be likely to lead to a continuation or recurrence of dumping and injury.  
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  26 
 Chapter Four

Article (39)  
Undertakings  
1. Upon the approval of the Minister or his delegate , an investigation may be suspended or 
terminated without imposing anti -dumping measures when the Department receives a 
satisfactory voluntary undertaking from any exporters, which eliminates the injurious effect 
of the dumping. Such undertakings shall take any of the following for ms: 
a. The commitment by an exporter to increase prices of the product under investigation into 
the State in order to eliminate the dumping margin.  
b. The commitment by an exporter to cease exports at dumped prices to the State of the 
products under investigatio n. 
2. Price undertakings shall not be sought or accepted from exports unless an initial  affirmative 
determination of dumping, injury, and a causal  relationship has been made.  
3. Undertakings offered shall not be accepted if their acceptance is considered impractical, as for 
the number of actual or potential exporters is too great, or for any other reasons, including 
reasons of general policy. Should the case arise and when practic able, the exporter shall be 
provided with the reasons that have led to a consideration that the acceptance  of an 
undertaking would be inappropriate and shall, to the extent possible, be given an opportunity 
to make written comments thereon.  
4. Parties providi ng a price undertaking shall submit a non -confidential version of such 
undertakings, so that it may be made available to Related Parties  of the investigation on 
request.  
5. Price undertakings may be suggested by the Department to exporters; however, no export er 
shall be forced to enter into such undertakings. The fact that exporters do not offer or accept 
such undertakings shall in no way prejudice the consideration of the case. However, it may be 
determined that a threat of injury is more likely to be realize d if the dumped imports continue.  
 
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  27

Article (40)  
1. Price in export prices under such price undertakings shall be proportionate to the extent 
necessary to eliminate the margin of dumping. Price undertakings shall remain in force only 
as long as they are necessary to counteract the injurious effect of the dumping.  
2. Where price undertakings are accepted, the investigation of dumping and injury shall 
nevertheless be completed if an exporter so desires or the Department so decides. In such a 
case:  
a. If a negativ e determination of dumping or injury is made by the Minister or his delegate , 
the price undertaking shall automatically lapse. Except in cases where such a 
determination is due in large part to the existence of such an undertaking. In such cases, it 
may be  required that an undertaking is maintained for a reasonable period consistent with 
the provisions hereof.  
b. In the event that an affirmative determination of dumping and injury is made by the 
Minister or his delegate , the undertaking shall remain  effective under  its terms and the 
provisions hereof.

Article (41)  
1. Exporter whose undertakings have been accepted shall provide periodically to the 
Department information relevant to the fulfilment  of such undertakings and shall permit 
verification of pertinent data. Failure to comply with such requirements shall be deemed to be 
a violation of the undertakings.  
2. If it is found that the price undertaking is violated, the Department may submit a 
recomm endation to the Minister to impose provisional measures in accordance with Article 
36 hereof, on the basis of the best information available. In such a case, final anti -dumping 
duties  may be retroactively levied on products entered for consumption, from th e date of 
violation, with no more than ninety (90) days before the application of provisional measures.  
3. If it is found that the price undertaking is violated by any exporter, the Minister or his delegate  
may forthwith impose the provisional or definitive m easures which have been already 
imposed on other exporters; provided that the exporter has been granted an opportunity to 
comment and unless it has withdrawn the undertakings.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  28 
 Chapter Five

Article (42)  
Retroactive Application  
1. Provisional measures and final anti -dumping duties  shall only be applied to products 
imported for consumption from the effective date of imposition, subject to the exceptions in 
paragraph 2 of this Article, and Articles 44 and 45 hereof.  
2. The Minister or hi s delegate  may, upon on a proposal by the Advisory Committee, impose final 
anti -dumping duties  retroactively as of the period in which provisional measures have been 
applied, where:  
a. A final determination of material injury has been made; or  
b. A final determination of threat of material injury has been made where it is found that the 
provisional anti -dumping measures prevented the occurrence of the material injury.

Article (43)  
1. Where the final anti -dumping duties are higher than the provisional duties  paid or payable, or 
the amount estimated for the purpose of security, the difference shall not be collected. If the 
definitive duties are lower than the provisional duty paid or payable, or the amount estimated 
for the purpose of security, the difference  shall be reimbursed,  or the duties recalculated.  
2. Where a final determination is negative, any cash deposit made during the period of the 
application of provisional measures shall be refunded and any bonds shall be expeditiously 
released.

Article (44)  
Notwithstanding paragraph 2 (b) of Article 42 hereof, where a final determination of threat of 
material injury or material impediment  has been made, but no injury has yet occurred, final anti -
dumping duties  may be imposed only from the date of the final de termination of a threat of 
material injury or material impediment . Any cash deposit made during the period of the 
application of provisional measures shall be refunded and any bonds shall be expeditiously 
released.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  29

Article (45)  
Final anti -dumping duties  may be levied on products which were imported to the State for 
consumption not more than ninety (90) days prior to the date of application of provisional 
measures, but not prior to the date of initiation of the investigation provided th at: 
1. There is a history of dumping for the product under investigation prior to the period of 
investigation initiation or that the importer was, or should have been aware, that the exporter 
practices dumping and that such dumping would cause injury . 
2. The inj ury is caused by increased dumped imports of a product in a relatively short period of 
time which, in light of the timing and the volume of the dumped imports and other 
circumstances such as a rapid build -up of inventories of the imported product, is likel y to 
seriously undermine the remedial effect of final anti -dumping duties  to be applied, provided 
that the importers concerned have been given an opportunity to comment . 
3. The Minister or his delegate  may, after initiating an investigation, take such measures as 
withholding of appraisement or assessment as may be necessary to collect anti -dumping 
duties retroactively, as provided in this Article, once it has sufficient evidence that the 
conditions set forth in this Article are satisfied.  
 
Chapter Six 
Reconsideration of Anti -Dumping Measures

Article (46)  
1. At any time and where warranted, the Minister or his delegate  may , on its own initiative, at 
the request of the Department, or on a proposal of the Advisory Committee, reconsider the 
need for  continuing the imposition of the final anti -dumping duties . Any interested party may 
submit a written request to review the need for continuing the imposition of the final anti -
dumping duties , provided that a reasonable period of time of at least one year  has elapsed 
since the imposition of the final anti -dumping duties . The request shall contain positive 
information substantiating the need for such a review.  
2. The Department shall publish a notice of the initiation of the review in the Official Gazette or 
the State’s two most popular daily newspapers.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  30 
 3. A proposal of actions of the Advisory Committee shall be submitted by the Department to the 
Minister or his delegate  no later than thirty (30) days prior the expiration of the review. The 
proposal shall include  any of the following:  
a. to repeal the anti -dumping measures immediately if the review concluded that the 
imposition of anti -dumping duties is no longer warranted ; or 
b. to maintain or amend the anti -dumping measures if the review concluded that dumping 
and/or injury would be likely to continue or recur if the measures were terminated.  
4. Such review shall be carried out expeditiously and shall normally be concluded within twelve 
(12) months of the date of initiation thereof.

Article (47)  
1. In cases where products exported to the State are subject to final anti -dumping duties , a 
review shall be forthwith carried out for the purpose of determining individual dumping 
margins for new exporters or producers in the exporting country in question, w ho did not 
export the product to the State during the period of investigation; provided that these 
exporters or producers prove that they are not related to any of the  exporters or producers in 
the exporting country who are subject to the anti -dumping duti es. 
2. No anti -dumping duties may be levied on imports from the exporters or producers referred to 
paragraph (1) of this Article while the review is being carried out. However, the Minister or his 
delegate  may, upon a proposal of the Department, withhold cust oms valuation or request 
guarantees to ensure that, should such a review result in a determination of dumping in 
respect of such producers or exporters, anti -dumping duties can be levied retroactively to the 
date of the initiation of the review.  
3. Such a rev iew shall be forthwith initiated and carried out and shall normally be completed 
within nine (9) months from the initiation, and, in the longest cases , no later than twelve (12) 
months of the date of initiation of the review.  
 
 
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  31

Article (48)  
1. The Minister or his delegate  shall, on its own initiative, upon a proposal of the Advisory 
Committee or upon a duly substantiated request made by or on behalf of the domestic 
industry, no later than three (3) months prior to the expiry of the final anti -dumpin g duties , 
decide to initiate a review to determine that the expiry of such duties would be likely to result 
in a continuation or recurrence of dumping and injury.  
2. The anti -dumping duties shall remain in force until the end of the review.  
3. A proposal of acti ons of the Advisory Committee shall be submitted by the Department to the 
Minister or his delegate  no later than thirty (30) days prior the expiration of the review. The 
proposal shall include any of the following:  
a. to repeal the anti -dumping duties immedia tely if the review concluded that the imposition 
of anti -dumping duties is no longer warranted ; or 
b. to continue the definitive anti -dumping measures if the review concluded that dumping 
and injury would be likely to continue or recur if the measures were te rminated.  
4. Any such review shall be carried out expeditiously and shall normally be concluded within 
twelve (12) months of the date of initiation thereof.  
5. During the review, Related Parties  shall be provided the opportunity to provide their 
comments, and th e conclusions shall be reached with due account taken of all evidence and 
information presented in relation to the question of whether the expiry of such measures 
would be likely, or unlikely to lead to the continuation or recurrence of dumping and injury.  
6. A notice of the initiation of the expiry review of anti -dumping measures shall be published in 
the Official Gazette or the State’s two most popular daily newspapers.  
7. The provisions of Articles 46, 47 and 48 hereof shall be applied to price undertakings.  
 
 
 
 
 
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  32 
 Section Three  
Subsidy and Countervailing Measures  
Chapter One  
Identifying Availability of Subsidy

Article (49)  
A subsidy shall be deemed to have existence if: 
1. There is direct or indirect financial contribution, by the government of the country of origin or 
export or a public body, that confers a benefit upon the recipient, i.e. where  the government:  
a. Conducts  a direct transfer of funds (e.g. grants and loans), or potential direct transfers of 
funds or liabilities (e.g. loan guarantees) . 
b. Waives the government accrued  revenue s or aband ons to collect them , such as tax 
deduction . 
c. Provides  goods or services other than public infrastructure, or purchases goods . 
d. Makes payments by a funding mechanism, or entrusts or directs a private body to carry 
out one or more of the type of functions mentioned in (a), (b) and (c) above which, would 
normall y be vested in the government and the practice in no real sense, differs from 
practices normally followed by governments; or  
2. Any form of subsidy that would support income or price in the sense of Article XVI of GATT 
1994.

Article (50)  
1. A subsidy, as defined in Article 49 hereof, shall be deemed a specific subsidy that gives rise to 
countervailing measures as defined in paragraphs 2, 3 and 4 of said Article.  
2. In order to determine whether a subsidy is specific to an enterprise or industry or group of 
enterprises or industries (hereinafter referred to as “certain enterprises”) within the 
jurisdiction of the granting authority, the following principles shall apply:  
a. Where the granting authority, or the legislation pursuant to which the grantin g authority 
operates, explicitly limits access to a subsidy to certain enterprises, such subsidy shall be 
specific . Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  33 
 b. Where the granting authority, or the legislation pursuant to which the granting authority 
operates, establishes objective criteria or condit ions governing the eligibility for a subsidy 
and its amount, specificity in this case  shall not exist, provided that the eligibility is 
automatic and that such criteria and conditions are strictly adhered to;  
c. Notwithstanding any appearance of non -specifici ty resulting from the application of the 
principles set forth in subparagraphs (a) and (b), if there are reasons that the subsidy may , 
in fact,  be specific, other factors may be considered. Such factors are:  
- Use of a subsidy program by a limited number of certain enterprises or predominant 
use by certain enterprises; or  
- The granting authority gives disproportionately large amounts of subsidy to certain 
enterprises when compared with other enterprises, and the method such authority 
adopts when excising the p owers conferred to it on determining the granting of 
subsidy, taking in consideration the diversification of economic activities within the 
jurisdiction of the granting authority, as well as of the length of time during which the 
subsidy program is being a pplied.  
3. A subsidy shall be specific when it is limited to certain enterprises located within a designated 
geographical region within the jurisdiction of the granting authority, noting that the 
establishment or change of generally applicable tax rates by al l levels of government entitled 
to do so shall not be deemed to be a specific subsidy for the purpose hereof.  
4. Subject to paragraphs 2 and 3 of this Article, the following subsidies  shall be deemed to be 
specific by their nature:  
a. Subsidies that are contingent, in law or in fact, upon the level of exporting performance , 
whether solely or as one of several other conditions.  
b. Subsidies that are contingent, whether solely or as one of several other conditions , upon 
the use of domestic over import ed goods.  
 
 
 
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  34 
 Chapter Two  
Calculation of Subsidy Amount

Article (51)  
The amount of subsidy shall be calculated based on the following : 
1. Determining the total subsidy amount received by the foreign producer or exporter recipient, 
including the subsidy amount received during the period  of investigation.  
2. Determining the individual amount of subsidy for each known foreign producer or exporter 
for the product under investigation.  
3. Subject to the provisions of paragraph (2) of this Article, in cases where the number of 
exporters, producers, importers, or types of  products involved or trade transactions is so large 
as to make it impracticable to de termine an individual subsidy amount for each known 
exporter or producer, the investigation may be limited to an examination of a reasonable 
number of Related Parties , products or transactions by using samples which are statistically 
valid on the basis of information available at the time of the selection, or on the basis of the 
largest percentage of the volume of production, sales or exports which can reasonably be 
investigated within the given time -limit.  
4. Deducing from the calculated subsidy amount any fe es or costs incurred in order to qualify 
for, or to obtain the subsidy, or export taxes, duties or other charges levied on the export of 
the product under investigation to the State.  
5. The amount of subsidy shall be calculated per unit of the product under investigation 
exported to the State.

Article (52)  
The amount of subsidy received by a recipient shall be calculated based on the benefit conferred 
on the recipient. With regard to the calculation of benefit to the recipient, the following rules shall 
apply:  
1. Government provision of equity capital, including risk capital, shall not be considered to 
confer a benefit  unless the investment can be regarded as inconsistent with the usual 
investment practice of private investors in the exporting country . Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  35 
 2. Loans provided by a foreign government shall not be considered to confer a benefit  unless the 
amounts repaid by the loan recipient are lower than such amounts repaid by a recipient of a 
like commercial loan that can be obtained on the market. In that even t, the benefit shall be the 
difference between these two amounts . 
3. Loans guarantee by a foreign government shall not be considered to confer a benefit, unless 
the amounts repaid by the loan recipient, under the government guarantee, are lower than 
such amou nts repaid by a recipient of a like commercial loan in the absence of the government 
guarantee. In this case, the benefit shall be the difference between these two amounts, to be 
adjusted for any differences in fees or charges; and  
4. The provision of goods o r services or purchase of goods by a government shall not be 
considered to confer a benefit  unless the provision is made for less than adequate return or 
the purchase is made for more than adequate return.  The adequacy of return shall be 
determined in rela tion to prevailing market conditions for the product or service in question 
in the country of export or purchase, including price, quality, availability, marketing, 
transporting and other sales and purchasing conditions.  
 
Chapter  Three  
Identification of Injury

Article (53)  
A material injury to domestic industry shall be identified based on an objective examination of all 
positive evidence, including:  
1. The volume of subsidized imports and their impact on the prices of the sale of similar p roduct s 
in the domestic market as evidenced by the following:  
a. With regard to the volume of subsidized imports, consideration shall be made to 
whether there has been a significant increase in subsidized imports, either in absolute 
terms or relative to production or consumption in the State’s market.  
b. With regard to the effect of subsidized dumped on the prices of the sale of the similar 
product  in the domestic market, consideration shall be made to whether:  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  36 
 - There has been a significant price undercutting in subsidized imports as compared 
with the price of a domestic similar product s. 
- There has been a significant price decline in the domestic similar product ; or 
- The effect of such imports is to prevent price i ncreases in the domestic similar 
product s, which otherwise would have occurred, to a significant degree.  
c. No one or several of the factors identified in this paragraph can necessarily provide 
decisive guidance to material injury.  
2. The impact of the subsidize d imports on the domestic industry involved, through an 
evaluation of all relevant economic factors and indices having a bearing on the state of the 
industry, including:  
a. Actual  and potential decline in sales, profits, production, market share, productivity , 
return on investments, or utilization of capacity . 
b. Factors affecting the domestic market prices; actual and potential negative effects on 
cash flow, inventories, employment, wages, investment, growth,  and  ability to increase 
capital; and  
c. In case of agric ulture products, whether there has been an increased burden  on 
government support programs.  
d. This list is not exhaustive, nor can any one or more of these factors necessarily give 
decisive guidance to the occurrence of material injury.  
3. The impact of the sub sidized imports shall be assessed in relation to the domestic production 
of the similar product , when available data allow separate identification of that production on 
the basis of criteria, such as the production process and producers' sales and profits. If such 
separate identification of production is not possible, the evaluation of the impact of  subsidized 
imports shall be undertaken by searching in narrowest group or range of products which 
include the similar product  on which the necessary information can be provided.

Article (54)  
1. A threat of material injury on the domestic industry shall be i dentified based on the facts rather 
than merely allegation s, conjecture,  or unreasonable possibility and on an examination of 
whether such injury is clearly foreseen and imminent, subject to the following:  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  37 
 a. Nature of the subsidy in question and trade effects likely to arise therefrom . 
b. A significant rate of increase of subsidized imports into the domestic market indicating the 
likelihood of substantially increased importations . 
c. Sufficient production capacity of the exporter or an imminent, substantial i ncrease in such 
capacity indicating the likelihood of substantially increased subsidized exports to the 
domestic market, taking into account the availability of other export markets to 
accommodate any additional exports . 
d. Whether imports are entering at pri ces that will have a significant  depressing or 
suppressing effect on domestic prices and would likely increase demand for further 
imports; and  
e. Inventories of the product under investigation.  
2. Other relevant factors that are supported by sufficient evidence may be taken into 
consideration. However, no one or several of these factors listed above, alone or in 
combination, can necessarily give decisive guidance but the totality of the factors considered 
shall lead to a conclusion that more subsidized exports ar e imminent and that, unless 
countervailing measures action are taken, the material  injury will occur.

Article (55)  
1. It shall be verified that injuries caused to the domestic industry are resulting from subsidized 
imports and they are not related to other reasons.  
2. Known factors other than subsidized imports, which are at the same time injuring the 
domestic industry, shall be examined, and injuries caused by these other factors shall not be 
attributed to the subsidized imports. Factors which may be rel evant in this respect include, 
inter alia:  
a. The volume and prices of non -subsidized imports . 
b. Decline in demand or changes in the patterns of consumption . 
c. Commercial restriction s and competitions between domestic and foreign producers . 
d. Development of export performance and productivity of the domestic industry.  
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  38

Article (56)  
Upon determining the injury caused by subsidized imports from more than one country, the effect 
of such imports shall be cumulatively assessed only if it is determined that:  
1. The amount of subsidization established in relation to the imports from each country is more 
than minimal . 
2. The volume of the subsidized imports from each country is not negligible; and  
3. A cumulative assessment of the effects of the imports is appropriate in  light of the conditions 
of competition among the imported products from interested countries, and the conditions of 
competition among the imports and the like domestic product.

Article (57)  
An immediate termination of the investigation shall be recommended without imposing 
measures in any of the following cases:  
1. Withdrawal of the complaint, unless where such termination is against the State’s interest . 
2. There is no sufficient evidence for the existence of subsidization, injury,  or causal relations hip 
between them to justify the continuation of an investigation . 
3. When the amount of subsidy is minimal , i.e. less than one percent (1%) of the amount. In case 
of a subsidy from a developing country, the overall level of subsidies granted upon the product 
in question shall not exceed two percent (2%) of its value calculated on a per unit basis . 
4. The i nvestigation  shall be immediately terminated if the volume of subsidized imports, actual 
or potential is negligible. For the purpose of this Article, “negligibl e” means:  
a. In cases of subsidized imports from developing countries, “negligible” means that the 
volume of the subsidized imports represents less than four percent (4%) of the total 
imports of the product under investigation to the State, unless imports fro m developing 
countries whose individual shares of total imports represent less than four percent (4%) 
collectively account for more than nine percent (9%) of the total imports of the product 
under investigation to the State.  
b. In cases of subsidized imports from developed countries, “negligible” means that the 
volume of the subsidized imports represents less than one percent (1%) of the total 
imports of the product under investigation to the State, unless imports from developed Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  39 
 countries whose individual shar es of total imports represent less than one percent (1%) 
collectively account for more than three percent (3%) of the total imports of the product 
under investigation to the State.  
 
Chapter Four  
Countervailing Measures

Article (58)  
1. The Minister or his delegate  may, upon the recommendation of the Advisory Committee, 
impose provisional countervailing measures if:  
a. An investigation has been initiated and public notice has been published in the Official 
Gazette or the State’s two most popular daily newspaper s. 
b. Related Parties  have been given adequate opportunity to submit information and make 
comments; and  
c. An initial  affirmative determination of subsidy indicates that there is a consequent injury 
to the domestic industry; and that such measures are necessary to prevent injury being 
caused during the investigation. However, an initial  negative determination of subsidy 
does not necessarily lead to termination of an investigation; however, in such a case, no 
provisional measures shall be imposed.  
2. Provisional countervailing measures may take the form of provisional customs duties or, 
preferably, take the form of cash depos its or guarantee bonds that are not greater than the 
provisionally estimated amount,  provided that provisional measures shall not be applied 
sooner than 60 days from the initiation of the investigation.  
3. Provisional Measures shall be imposed for the shortes t possible period  not exceeding four (4) 
months.

Article (59)  
1. The Minister or his delegate , on the recommendation of the Advisory Committee, shall impose 
final countervailing duties , provided not exceeding the amount of subsidy.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  40 
 2. Final countervailing dutie s shall be imposed on all sources found to be subsidized and causing 
injury to the domestic industry, except for imports from those sources from which price 
undertakings have been accepted.  
3. In the event that provisional countervailing duties are imposed, t he proposal to impose the 
definitive measures shall be submitted to the Minister or his delegate  no later than  30 days 
prior to the expiry of the period of such provisional measures.

Article (60)  
1. Countervailing duties shall remain valid only for such period and limit necessary to offset the 
subsidy causing the injury.  
2. Final countervailing duties  shall expire not later than five (5) years from their imposition or, if 
earlier, five (5) years from the date of the conclusion of the most recent review that was 
initiated and addressed both the subsidy and injury, and if it is determined in such a review 
that the expiry would be likely to lead to a continuation or recurrence of subsidy and injury.  
 
Chapter Five  
Undertakings

Article (61)  
1. Upon the approval of the Minister or his delegate , an investigation may be suspended or 
terminated without countervailing measures be imposed when the Department receives 
satisfactory voluntary price undertaking s from any exporters, which eliminates the in jurious 
effect of the subsidy. Such undertakings shall take any of the following forms:  
a. Approval of the government of the exporting country to cancel or limit subsidization or to 
take other measures limiting effects thereof.  
b. The c ommitment  of the exporter to review its prices so as to ensure that the adverse effects 
of subsidy have been terminated.  
2. Price undertakings shall not be sought or accepted from exports unless an initial  affirmative 
determination of subsidization, injury, and a causal  relationship has been made.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  41 
 3. Price u ndertaking  offered shall not be accepted if their acceptance is considered impractical, 
as for the number of actual or potential exporters is too great, or  for any other reasons, 
including reasons of general policy. Should the case arise and when practicable, the exporter 
shall be provided with the reasons that have led to a consideration that the acceptance  of an 
undertaking would be inappropriate and shall , to the extent possible, be given an opportunity 
to make written comments thereon.  
4. Parties providing a price undertaking shall submit a non -confidential version of such 
undertakings, so that it may be made available to Related Parties  of the investigation  on 
request.  
5. Price undertakings may be suggested by the Department to exporters; however, no exporter 
shall be forced to enter into such undertakings. The fact that exporters do not offer or accept 
such undertakings shall in no way prejudice the consideration of the case. However, it may be 
determined that a threat of injury is more likely to be realized if the subsidized imports 
continue.

Article (62)  
1. Increases in export prices under such price undertakings shall be proportionate to the extent 
necessary to eliminate the margin of subsidization. Price undertakings shall remain in force 
only as long as they are necessary to counteract the injurious effect of such subsidization.  
2. Where price undertakings are accepted, the  investigation of subsidization and injury shall 
nevertheless be completed if an exporter so desires or the Department so decides. In such a 
case:  
a. If a negative determination of dumping or injury is made by the Minister or his delegate , 
the price undertaki ng shall automatically lapse. Except in cases where such a 
determination is due in large part to the existence of such an undertaking. In such cases, it 
may be required that an undertaking is maintained for a reasonable period consistent with 
the provision s hereof.  
b. In the event that an affirmative determination of subsidization and injury is made by the 
Minister or his delegate , the undertaking shall continue consistent with its terms and the 
provisions hereof.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  42

Article (63)  
1. Exporter , or governments of exporting countries whose undertakings have been accepted , 
shall provide on periodical  basis to the Department information relevant to the fulfilment  of 
such undertakings and shall permit verification of pertinent data. Failure to comply  with such 
requirements shall be deemed to be a violation of such undertakings.  
2. If it is found that the price undertaking is violated by the exporter or the governments of 
exporting countries, a recommendation shall be submitted to the Minister or his dele gate  to 
impose provisional countervailing measures in accordance with Article 58 hereof and on the 
basis of the best information available. In such a case, final countervailing duties  may be 
retroactively levied on goods released from the date of violation , with no more than ninety 
(90) days before the application of such provisional measures.  
3. If it is found that the price undertaking is violated by any exporter, the Minister or his delegate  
may forthwith impose the provisional or definitive countervailing measures which have been 
already imposed on other exporters; provided that the exporter has been granted an 
opportunity to comment and unless it has withdrawn the undertakings.  
 
Chapter Six 
Retroactive Application

Article (64)  
1. Provisional measures and definitive countervailing measures and duties shall only be applied 
to products imported for consumption from the date of imposition, subject to the exceptions 
in paragraph 2 of this Article, and Articles 66 and 67 hereof.  
2. The Minister or his delegate  may,  upon on a proposal by the Advisory Committee, impose 
definitive countervailing measures duties retroactively for the period for which provisional 
measures have been applied, where:  
a. A final determination of material injury has been made; or  
b. A final determi nation of threat of material injury has been made where it is found that the 
provisional countervailing measures prevented the occurrence of the material injury.  
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  43

Article (65)  
1. Where the final countervailing duties  are higher than the provisional duties paid or payable, 
or the amount estimated for the purpose of security, the difference shall not be collected. If 
the definitive duties are lower than the provisional duties paid or payable, or the amount 
estimated for  the purpose of security, the difference  shall be reimbursed,  or the duties 
recalculated.  
2. Where a final determination is negative, any cash deposit made during the period of the 
application of provisional countervailing measures shall be refunded and any b onds shall be 
expeditiously released.

Article (66)  
Notwithstanding paragraph 2 (b) of Article 64 hereof, where a final determination of threat of 
material injury or material impediment  has been made, but no injury has yet occurred, final 
countervailing du ties may be imposed only from the date of the final determination of a threat of 
material injury or material impediment . Any cash deposit made during the period of the 
application of such provisional measures shall be refunded and any bonds shall be expeditiously 
released.

Article (67)  
Final countervailing duties  may be levied on products which were imported to the State for 
consumption not more than ninety (90) days prior to the date of application of the provisional 
measures, but not prior to the d ate of initiation of the investigation provided that:  
1. Irreparable  injury caused by unjustifiable  increases  of imports within a relatively short period 
of time from a producer benefiting from subsidy provided in accordance with the provisions 
hereof.  
2. If retroactive imposition of countervailing duties on such imports is necessary to prevent the 
recurrence of the injury . 
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  44 
 Chapter Seven  
Reconsideration of Countervailing Measures

Article (68)  
1. At any time and where warranted, the Minister or his delegate  may, on its own initiative, at 
the request of the Department, or on a proposal of the Advisory Committee, review the need 
for continuing the imposition of the final countervailing duties . Any interested party may 
submit a written request to review the need  for continuing the imposition of the final 
countervailing duties , provided that a reasonable period of time of at least one year has 
elapsed since the imposition of the countervailing duties. The request shall contain positive 
information substantiating t he need for such a review.  
2. The Department shall publish a notice of the initiation of the review in the Official Gazette or 
the State’s two most popular daily newspapers.  
3. A proposal of actions of the Advisory Committee shall be submitted by the Department to the 
Minister or his delegate  no later than thirty (30) days prior the expiration of the review. The 
proposal shall include any of the following:  
a. To repeal the measures immediately if the review concluded that the imposition of such 
duties are no longer warranted ; or 
b. To maintain or amend the measures if the review concluded that subsidization and/or 
injury would be likely to continue or recur if the measures were terminated.  
4. Any such review shall be carried out expeditiously and shall normally be conclude d within 
twelve (12) months of the date of initiation thereof.

Article (69)  
1. In cases where products exported to the State are subject to final countervailing duties , a 
review shall be forthwith carried out for the purpose of determining individual countervailing 
margins for new exporters or producers in the exporting country in question, who did not 
export the product to the State during the period of investigation; provided that these 
exporters or producers prove that they are not relate d to any of the exporters or producers in 
the exporting country who are subject to the countervailing duties.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  45 
 2. No countervailing duties may be levied on imports from the exporters or producers referred 
to paragraph (1) of this Article while the review is be ing carried out. However, the Minister or 
his delegate  may, upon a proposal of the Department, withhold customs valuation or request 
guarantees to ensure that, should such a review result in a determination that no subsidy to 
such producers or exporters, c ountervailing duties can be levied retroactively to the date of 
the initiation of the review.  
3. Such a review shall be forthwith initiated and carried out and shall normally be completed 
within nine (9) months from the initiation, in all events, no later tha n twelve (12) months of 
the date of initiation of the review.

Article (70)  
1. The Minister or his delegate  shall, on its own initiative, upon a proposal of the Advisory 
Committee or upon a duly substantiated request made by or on behalf of the domestic 
indus try, no later than three (3) months prior to the expiry of the final countervailing duties , 
decide to initiate a review to determine that the expiry of such duties would be likely to result 
in a continuation or recurrence of subsidy and injury.  
2. Final count ervailing duties  shall remain in force until the end of the review.  
3. A proposal of actions of the Advisory Committee shall be submitted by the Department to the 
Minister or his delegate  no later than thirty (30) days prior the expiration of the review. The 
proposal shall include any of the following:  
a. To repeal the final countervailing duties  immediately if the review concluded that the 
imposition of such duties is no longer warranted ; or 
b. To maintain or amend the final countervailing duties  if the review concluded that subsidy 
and/or injury would be likely to continue or recur if the measures were terminated.  
4. Any such review shall be carried out expeditiously and shall normally be concluded within 
twelve (12) months of the date of initiation  thereof.  
5. During the review, Related Parties  shall be provided the opportunity to provide their 
comments, and the conclusions shall be reached with due account taken of all evidence and 
information presented in relation to the question of whether the expir y of final countervailing Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  46 
 duties  would be likely, or unlikely to lead to the continuation or recurrence of subsidy and 
injury.  
6. A notice of the initiation of the review of shall be published in the Official Gazette or the State’s 
two most popular daily news papers.  
7. The provisions of Articles 68, 69 and 48 hereof shall be applied to price undertakings.  
 
Section Four  
Preventive Measures against Unjustifiable Increase of Imports  
Chapter One  
Identification of Injury

Article (71)  
1. A preventive measure may be taken to a product being imported irrespective of its source, if it 
is established that such product is being imported in unjustifiable increased quantities, 
whether absolute or relative to the State’s production, and under such  conditions as to cause 
or threaten to cause a serious injury to the domestic industry that produced like or directly 
competitive products.  
2. A determination of whether the unjustifiable  increase of imports has caused or are threatening 
to cause serious inju ry to the domestic industry shall be based on objective evidence and facts 
and an existence of a causal relationship between such imports and serious injury or threat 
thereof. This determination shall be made by evaluating all relevant, objective,  and 
quan tifiable factors affecting the position  of the domestic industry, taking into consideration 
the following factors:  
a. Ratio and volume of increase of imports of the product under investigation, in absolute or 
relative terms to the State’s production.  
b. Impact o f such increased imports on the domestic industry,  including volume of sales, 
production, productivity, capacity utilization, inventories, profits, losses, labour  and  
market share.  
c. A causal relationship between the increase of imports of the product under investigation 
and the serious injury or threat thereof shall be identified. In the event that factors other Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  47 
 than an increase in imports cause simultaneously injury to the domestic industry, such 
injury may not be attributed to increased imports.

Article (72)  
1. A threat of material injury on the domestic industry shall be identified on facts and not merely 
on allegation, conjecture , or remote possibility and on an examination of whether such injury 
is clearly foreseen and imminent.  
2. In determining the ex istence of a threat of serious injury to the domestic industry, the 
following shall be taken into account:  
a. The r ate of increase of imports into the domestic market indicating the likelihood of 
substantially increased importations . 
b. The s ignificant  export ca pacity of exporting countries or an imminent increase in such 
capacity indicate s that exports may increase significantly in the domestic market.  
c. The availability of other export markets, other than the domestic market, which 
accommodates any additional exports.  
d. Any other significant factors with sufficient indications.  
 
Chapter Two  
Preventive Measures

Article (73)  
In the event of critical circumstances, the Minister or his delegate  may, upon a recommendation 
from the Advisory Committee, adopt provisional preventive duties, if it is determined that the 
product under investigation is being imported in unjustifiable increased quantities, absolute or 
relative to the domestic production, causing or threatening to cause serious injur y to the domestic 
industry, which will be irreparable or remediable if such measures were not taken on time.

Article (74)  
Provisional preventative duties shall take the form of tariff increases in accordance with the 
applicable custom s duties, taking into account the following:  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  48 
 1. Provisional preventative duties shall be applied for no more than two hundred (200) days, 
during which the pertinent requirement of the prevention investigation hereunder.  
2. Provisional preventative duties shall be  repaid  if the subsequent investigation does not result 
in a determination that increased imports have caused or threaten to cause serious injury to 
the domestic industry.

Article (75)  
1. In the case that the Advisory Committee found, upon the conclusions ma de by the 
Department, that the absolute or relative increase of the  imports of the product under 
investigation caused or threaten  to cause serious injury to the domestic industry, it may 
recommend to the Minister or his delegate  to apply a definitive preventive measure in the 
form of quantitative constraint, increase in customs duties in accordance with the applicable 
custom duties and/or any other measures, taking  into consideration that the definitive 
preventive measure  shall be applied to  the extent necessary to prevent or remedy the serious 
injury caused or threaten to be caused to the domestic industry.  
2. If a quantitative constraint is applied, the determined quantities shall not be less than the 
average of imports in the last three (3) y ears for which statistics are available, unless a clear 
justification is given that a different level is necessary to prevent or remedy serious injury to 
the domestic industry.  
3. Where a quota is allocated among countries having a substantial interest in exp orting a 
product under investigation, an agreement may be reached with such countries to share these 
quotas.  
4. In cases where paragraph (3) of this Article is not reasonably practicable, the quotas allocation 
shall be based upon the proportions of products i mported from such countries, during a 
previous reference period, of the total quantity or value of imports of the product under 
investigation. Any special factors which may have affected or may be affecting the trade in the 
product under investigation shal l be considered.  
5. In the event of serious injury, and not a threat of serious injury, the allocation of the quotas 
may be made on different bases than those envisaged under paragraphs 3 and 4 above; Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  49 
 provided that consultations are conducted under the auspices of the WTO Committee on 
Safeguards and that a clear demonstration is provided to the Committee that : 
a. Imports from certain countries increased disproportionately to the total increase of 
imports from the product under investigation during the refer ence period . 
b. The reasons for deviating from the methodology of quota allocation envisaged under 
paragraphs  3 and 4 above are justified; and  
c. The conditions of deviating from the methodology of quota allocation envisaged under 
paragraphs  3 and 4 above are eq uitable to all suppliers of the product under investigation.  
6. The validity of measure imposed in accordance with the provisions of paragraph (5) of this 
Article shall not exceed the initial period specified in article (77) hereof.

Article (76)  
No preventive measures may be applied to any product originating in a developing country 
Member of the WTO as long as its share of imports of the product under investigation in the 
domestic market does not exceed three percent (3%), and provided that developi ng countries 
with less than three percent (3%) import share collectively account for no more than nine percent 
(9%) of the total imports of the product under investigation.  
 
Chapter Three  
Validity  Term of Final Preventive Measures

Article (77)  
1. The Final Pr eventive Measures  shall be applied for a period of no more than four (4) years, 
and they may be extended to ten (10) years. The total period of measures application shall 
include the period of application of any provisional measures, the period of initial application, 
and any extension applied hereunder.  
2. No preventive measure may be re -applied to the import of a product which has been subject 
to such a measure  unless a period of time equal to half of the duration of such earlier measure 
has elapsed, provided that the period of non -application is at least two (2) years.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  50 
 3. Notwithstanding the provisions of paragraph (2) of this Article, a preventive measure of 180 
days or less may be applied to the importation of a product if:  
a. a year has elapsed the imposition of the measure on the import of the product; and  
b. the measure has not been imposed on the same product more than twice during the five -
year period preceding the imposition of the measure.

Article (78)  
1. The extension of the application of the Final Preventive Measures  depends  on the findings of 
a new investigation conducted in accordance with  the same provisions set forth in Sections  2 
and 5 hereof. T he necessity of the application shall establish that applying the preventive 
measures shall be continued to prevent or remedy serious injury  and that there is sufficient 
evidence that the domestic industry is subject to reconstruction.  
2. In the event that a definitive preventive measure is being taken for more than one year, it shall 
be progressively released at regular intervals during the period of application. If the duration 
of the measure exceeds three (3) years, the case shall be reviewed not later than  the mid -term 
of the application of such measure, and, in such a case, it shall be withdrawn or be promptly 
released, if appropriate.  
 
Section Five  
Advisory Committee

Article (79)  Advisory Committee  Meetings  
1. The Advisory Committee shall convene a regular meeting every two months, at the call of the 
Department, under which the venue and date of the meeting shall be determined, at least two 
weeks before the date set for the meeting.  
2. The Advisory Committee may hold extraordinary meetings either by a decision  thereof, or at 
the request of one of its members and support  of another member. The requesting member 
shall state the reasons and topic of the request for holding the extraordinary  meeting. The 
Department shall determine the venue, time and agenda of the extraordinary meeting.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  51 
 3. The Department may determine the date of convening based on updates of complaints and 
investigations. Request for postponement of such meetings, which may aff ect the application 
of the provisions of the law and this Resolution , is not permitted.  
4. Any member may request to host the meeting of the Advisory Committee at the authority it 
represents  or any place chosen for this purpose. The Department shall call the members of the 
Advisory Committee and determine the venue and date of the meeting.  
5. The meeting of the Advisory Committee shall be validly convened in the presence of two -
thirds  of its members. In the event that the quorum is not complete, the meeting may b e held 
after five (5) businesses days by majority of the members of the Advisory Committee.  
6. In the event of failure to hold an ordinary or extraordinary meeting of the Advisory Committee 
on the date specified by the Department, the Advisory Committee may issue its 
recommendations by circulation , provided that:  
a. The cases of recommendations shall not exceed four times a year . 
b. The m ajority of the members of the Advisory Committee agree that the situation requiring 
the issuance of recommendation by circulation  is an emergency which damage cannot be 
avoided as a result of any delay in making such a recommendation . 
c. The members of the Advisory Committee shall be provided with a copy of the 
recommendation along with all necessary document s. 
d. The recommendation made by circulation  shall be issued under at least the approval of 
the majority of the members of the Advisory Committee . 
e. The recommendation made by circulation  shall be effective once the majority of the 
members of the Advisory Committee agree by singing in th ereon . 
f. The recommendation made by circulation  shall be presented at the next meeting of the 
Advisory Committee so as to be incorporated in the minutes of the meeting .

Article (80)  
1. The Department shall send the draft agenda of the meeting with the relevant documents not 
less than two weeks before the date specified for the meeting . 
2. Members of the Advisory Committee may provide the Department with their proposals for 
the topics they w ish to include on the agenda, up to a maximum of one week prior to the date Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  52 
 of the meeting of the Advisory Committee. Such proposals shall state the subject matter and 
any requests from the Advisory Committee.  
3. A member of the Advisory Committee and the Dep artment may request to incorporate 
additional matters of importance and urgency on the agenda until the beginning of the 
meeting. Such matters shall be incorporated under any other business to be discussed.  
4. The Advisory Committee shall adopt its agenda at the beginning of the meeting.  
 
Deliberations

Article (81)  
1. Meetings of the Advisory Commission shall be chaired by the chairman of the Advisory 
Committee ; failing which, a person elected by the members of the Committee  shall assume 
chairmanship of the meeting . 
2. The chairman of the Advisory Committee shall announce the opening and closing of the 
meeting and deliberations and  shall maintain order and proper functioning of the meeting.  
3. The chairman of the Advisory Committee  shall administer the deliberations and participate in 
the matters presented, in their order, on the agenda or as may be required.  
4. During deliberations, each member shall have the right to raise statutory issues which shall be 
forthwith decided upon by the  chairman of the Advisory Committee. The decision of the 
chairman shall be effective unless the majority of attendees objects thereto.  
5. The Department shall present the topics on the agenda and may participate in deliberations.  
6. Members of the Advisory Commi ttee shall submit their views and observations on topics of 
the agenda and vote thereon.  
7. The deliberations of the Advisory Committee are confidential and may not be disclosed.

Article (82)  
1. Any entity represent ed in the Advisory Committee, including the chairman of the Advisory 
Committee, shall have one vote.  
2. No member of the Advisory Committee may represent or vote on behalf of another member.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  53 
 3. Members of the Advisory Committee shall vote by raising hands or calling by name in the 
order appr oved by the federal and local government authorities in the State.  
4. The voting procedures may not be interrupted after the chairman of the Advisory Committee 
announces the commencement thereof for a statutory reason relating to voting.  
5. A member of the Advis ory Committee may, after voting, submit any note or explanation of its 
opinion objecting to the recommendation of the Advisory Committee, or approval of matters 
related to the statutory reasons referred to in paragraph (4) of this Article. Such note or 
explanation shall be recorded in the meeting minutes.

Article (83)  
1. The recommendations of the Advisory Committee shall be issued by majority vote of the  
members  present . In the case of a tie, the vote of the chairman of the Advisory Committee shall 
be the casting vote.  
2. The results of the vote of the members of the Advisory Committee shall not be disclosed 
except with the express consent of the members.  
3. The Department shall present reports and recommendations of the Advisory Committee to 
the Minister or his delegate  to make the decision based on such recommendations.

Article (84)  
Management of Advisory Committee 's Functions  
1. The Department shall organize the functions of the Advisory Committee as follows:  
a. Preparing meetings.  
b. Receiving and distributing documents and reports related to their activities, with 
maintaining copies thereof.  
c. Recording and distributing minutes of meetings and recommendations, with maintaining 
copies thereof.  
d. Organizing relations with mass media according to the regu lations of the Ministry.  
e. Sending its recommendations and relevant reports to the Minister or his delegate . 
f. Carrying out the functions and activities of the Advisory Committee.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  54 
 2. The minutes of the meetings of the Advisory Committee shall be approved at the e nd of each 
meeting, to signed by the chairman and the members present, together with the Department 
as rapporteur of the Advisory Committee.  
 
Part  Three  
Harmful Practices in International Trade of the GCC Industry

Article (85)  
1. The GCC industry enjoys protection from harmful practices in international trade, as 
stipulated in article (15) of the law. Such harmful practices are subject to procedural and 
substantive rules stipulated in the Common Law and this Resolution , in accordance with 
sections I, II, III and IV of this resolution.  
2. The procedural and substantive provisions hereof shall be applied to protect the GCC industry 
from harmful practices in international trade by the GCC authorities as defined in Articles 86 
and 87 hereof.  
 
GCC Authorities Investigating  Harmful Practices in International Trade of   
The GCC Industry

Article (86)  
For the purpose of protecting the GCC industry from harmful practices in international trade in 
accordance with the provisions of the Common Law, Law and this Resolution , the concerned GCC 
authorities shall exercise the powers conferred thereto as follows:  
1. The Ministerial Committee, the Standing Committee and the Bureau of the Technical 
Secretariat, each within the scope of its competence specified in article (87) hereof, shall 
investigate harmful practices in international trade faced by the GCC industry.  
2. The Bureau of the Technical Secretariat shall be  responsible for receiving complaints of 
harmful practices in the international trade countering the GCC industry, along with all 
relevant requirements, and conducting investigations of harmful practices in t he international 
trade countering the GCC industry, along with all relevant reviews.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  55 
 3. The Standing Committee shall be responsible for taking such necessary measures and 
procedures in order to counter harmful practices in the international trade faced by the  GCC 
industry, including imposing provisional measures, accepting price undertakings,  and 
proposing to the Ministerial Committee the imposition of definitive anti -dumping  measures, 
definitive countervailing measures and Final Preventive Measures  against un justifiable 
increased imports.  
4. The Ministerial Committee shall be responsible for approving, extending, suspending, 
terminating definitive measures against dumping, specific subsidy and unjustifiable increase 
in imports; and increasing or reducing definiti ve anti -dumping and countervailing measures.

Article (87)  
For applying the provisions hereof to harmful practices in international trade faced by the GCC 
industry, the following words and  expressions , wherever used herein, shall be replaced by the 
meanings assigned thereto respectively:  
1. GCC market instead of domestic  market.  
2. GCC industry instead of domestic industry.  
3. Member States instead of the State.  
4. Official Bulletin instead of Official Gazette.  
5. Director General of the Bureau of the Technical Secretariat instead of the Director of the 
Department.  
6. The Bureau of the Technical Secretariat instead of the Department stipulated in Articles 2, 3, 
4, 5, 7, 8, 9, 10, 11, 12, 15, 16, 18, 20, 21, 22, 36, 39, 40, 41, 46/2, 47, 61, 62, 63, 68/2, 69, 75 
and 95.  
7. The Bureau of the Technical Secretariat  instead of the Advisory Committee stipulated in 
Articles 46/1, 48/1, 68/1, 70 and 73.  
8. The Member State instead of the Department in Articles 46/1 and 68/1.  
9. One of the ministries supervising any of the production sectors in the GCC States instead of 
the Ad visory Committee in article (2/4).  
10. The Standing Committee instead  the Department in Articles 46/3, 48/3, 68/3 and 70/3.  Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  56 
 11. The Standing Committee instead of the Ministry in Articles 2, 4, 6, 9, 21, 22, 23, 36, 39, 40, 41, 
45, 46/1, 47, 48/1, 58, 61, 62, 63, 6 8, 69/2, 70/1, 73 and 95.  
12. The Standing Committee instead of the Advisory Committee in Articles 3, 37, 42, 59, 64 and 
75/1.  
13. The Ministerial Committee instead of the Minister in Articles 37, 42, 46/3, 48/3, 59, 64, 68/3, 
70/3 and 75/1.

Article (88)  
The Bureau of the Technical Secretariat shall provide any notifications required by the WTO 
Agreements relating to anti -dumping, subsidy and preventive and countervailing measures, 
which are relevant to harmful practices in the international trade faced by the  GCC industry, in 
accordance with the procedures provided for in such agreements through the GCC President 
State.

Article (89)  
The Bureau of the Technical Secretariat shall issue an official bulletin, which shall include all the 
provisions permitted to be  published as per the Common Law and hereunder regarding harmful 
practices in the international trade faced by the GCC industry.

Article (90)  
The measures imposed both hereunder and in accordance with the Common Law shall apply to 
the imported products of any GCC State to which a customs declaration allowing for their release 
is issued. However, the investigation procedures provided for in the Common Law and this 
Resolut ion shall not preclude the customs release of imports of a product solely for being subject 
to investigation.

Article (91)  
1. In exceptional cases, the GCC industry may be interpreted as indicative to local producers in 
different markets or regions in the Member States if it is found that such producers in this Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  57 
 region or market sell most or all of their production of the similar product  in this region or 
market,  and if it is found that the region or market is not significantly covered by producers of 
the similar product s located in other markets or regions of the State.  
2. The occurrence of an injury, in the case of dumping and subsi dy, shall not be conditional 
affecting the rest of the domestic industries of the similar product  in the other markets or 
member states. However, it is conditional that dumped or subsidized imports of the products 
subject of the complaint shall exist  in th is restricted area or market referred to in paragraph 
(1) of this Article, and that such imports cause harm to the producers of all or most of the 
production in such region or market. In the case of investigation of prevention , serious injury 
or threat the reof shall be caused by the circumstances in the State or States in which the 
affected industry is located.

Article (92)  
The Ministry shall provide the Bureau of the Technical Secretariat with a statistical statement. 
Such statement shall indicate the value of the duties collected on a regular basis for anti -dumping 
and countervailing measures and preventive measures imposed pursuant to Article 15 of the Law.  
 
Appealing  Final Decisions on Harmful Practices in 
International Trade of the GCC  Industry

Article (93)  
Each party participating in the investigation as an interested party, which was solely and directly 
affected by the final decisions issued by the GCC authorities regarding harmful practices in the 
international trade faced by the GCC industry pursuant to the Common Law and this Resolution , 
may appeal against the final decisions according to the procedures, periods, terms and conditions 
as may be determined by the Common Law.  
 
 
 
 Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, 
Countervailing, and Preventive Measures  58 
 Part  Four  
General Provisions

Article (94)  
The provisions of the WTO Agreement applicable to Article VI of the General Agreement on Tariffs 
and Trade 1994 (GATT), the WTO Agreement on Subsidies and Countervailing Duty and the WTO 
Agreement on Prevention shall apply mutatis mutandis.

Article (95)  
The M inister may, upon the recommendation of the Department, announce a review of the 
measures or the initiation of a new investigation if it proven that there is an act of manipulation 
that adversely  affects the effectiveness of such measures.

Article (96)  
This Resolution  shall be published in the Official Gazette and shall enter into effect from the day 
following the date of its publication.  
 
 
 
 
Mohammed bin Rashid Al-Makto um 
Prime Minister  
 
Issued by us:  
On: 21 Jumada al -Thani  1439 H  
Corresponding to: 15 March 2018  AD