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Dumping is defined in the Agreement on Implementation of Article VI of the GATT 1994 (the Agreement) as the introduction of a product into the commerce of another country at less than its normal value. Under the Agreement, WTO Members can impose anti-dumping measures, if after investigation in accordance with the provisions of the Agreement, a determination is made:

"that dumping is occurring, that the domestic industry producing the like product in the importing country is suffering material injury, and that there is a causal link between the two."

In addition to substantive rules governing the determination of dumping, injury and causal link, the Agreement sets forth detailed procedural rules for the initiation and conduct of investigations, the imposition of measures, the duration and review of measures.

Our Services

Our experienced team have been providing Anti-Dumping services to companies is a number of jurisdictions for nearly two decades. The Directors have served the clients from various countries including China, India, Malaysia, Indonesia, South Korea, Thailand, Taiwan and Pakistan before the Anti-Dumping authorities from various jurisdictions including Turkey, European Union, Canada, GCC and Pakistan. Their sectorial experience spans over Iron and Iron and Steel, Chemicals & Petrochemicals, Paper and Paperboard, Packaging, Textile, Beverage Cans, Cement, Tiles & Sanitary Ware and Stationary & Educational Instruments. Over the period, we have developed expert knowledge on various issues relating to dumping/Anti-Dumping. Our experts keep our clients up to date on the developments that affect their business, help them interpret their significance and integrate product life cycle considerations into our clients’ business strategy. Our Anti-Dumping consultancy services include but not limited to:

Services for the domestic industries (complainants):
  • Assisting the domestic industry in compilation of the data/ information/ evidences for preparation of anti-dumping application including;
  • Assistance in determining the scope of the product and its comparison with the product being imports which is hurting the domestic industry.
  • Assistance in collection of financial, costing and accounting data of the Client which is required for the Anti-Dumping application.
  • Assistance in collection of evidence of normal value/ domestic prices of the exporters. In the absence of evidence of domestic prices, provide assistance in normal value construction.
  • Analysis of the import data to establish the import quantities and prices.
  • Preparation of the injury claims by analyzing operational results and financial position of the company in comparison with the import statistics.
  • Review the factors other than dumped imports being faced by the domestic industry for proper establishment of causal link between dumped imports and injury to the domestic industry.
  • Preparation of the application in the format specified by the Authority and its submission.
  • Preparation of public version of the application for submission to the Authority.
  • Review the submissions of the interested parties on the application and prepare counter arguments.
  • Provide assistance to the domestic industry during on-the-spot verification.
  • Attending hearing on behalf of the domestic industry.
  • Keep continuous liaison with the concerned government authorities and industrial associations where necessary throughout the investigation.
  • Respond to various queries of the Investigating Authority on behalf of the domestic industry.
  • Assisting clients in litigation.
Services for the importers before the Investigating Authority to safe guard their interest, including the following:
  • Providing technical assistance to fill in importers questionnaire.
  • Giving oral and written submissions on the application filed by the domestic industry.
  • Making liaison with the Investigating Authority.
  • Representing importers in hearings before the Investigating Authority.
  • Commenting on preliminary determination and other official documents issued by the Investigating Authority on behalf of the importers.
  • Assisting clients in litigation.
Services for the foreign exporters / producers before the Investigating Authority which includes:
  • Provide guidance to the exporters/ foreign producers in understanding the requirements of the exporter questionnaires and provide assistance in collection as of domestic sales, export sales, cost to make & sell data along with other relevant / supporting documents for making it part of the exporters/foreign producers questionnaire.
  • Identification of the adjustments that can be claimed by the exporters in normal value and export price in view of the requirements of the law as well as circumstances of the exporters. These adjustments are made in order to arrive at ex-factory export prices and ex-factor normal values for a fair comparison of normal value and export prices for the purpose of determining dumping margin of the exporter.
  • Preparation of the public versions of the questionnaire and submission to the Authority.
  • Assisting the foreign companies at the time of on-the-spot verification.
  • Obtaining public file documents from the the Investigating Authority on behalf of foreign exporters / producers.
  • Collection and review of the public file documents to identify the exporter specific submissions of interested parties and preparation of the responses.
  • Representing the exporters in hearings and disclosure meetings before the Investigating Authority.
  • Making liaison with the Investigating Authority on behalf of the exporters throughout the investigation, provide clarifications/ response to the queries of the authority arising time to time.
  • Commenting on preliminary determination, other official documents issued by the Investigating Authority and on disclosure meetings on behalf of the exporters.
  • Assisting clients in litigation.
Services for KSA/GCC exporters / producers before the foreign Investigating Authority which includes:
  • Provide guidance to the KSA/ GCC exporters/ producers in understanding the requirements of the exporter questionnaires and provide assistance in collection as of domestic sales, export sales, cost to make & sell data along with other relevant / supporting documents for making it part of the exporters/foreign producers questionnaire.
  • Identification of the adjustments that can be claimed by the KSA/ GCC exporters/ producers in normal value and export price in view of the requirements of the law as well as circumstances of the KSA/ GCC exporters/ producers. These adjustments are made in order to arrive at ex-factory export prices and ex-factor normal values for a fair comparison of normal value and export prices for the purpose of determining dumping margin of the KSA/ GCC exporters/ producers.
  • Preparation of the public versions of the questionnaire and submission to the Authority.
  • Assisting the KSA/ GCC exporters/ producers at the time of on-the-spot verification.
  • Collection and review of the public file documents to identify the exporter specific submissions of interested parties and preparation of the responses on behalf of the KSA/ GCC exporters/ producers.
  • Representing the exporters in hearings and disclosure meetings before the Investigating Authority.
  • Making liaison with the Investigating Authority on behalf of the KSA/ GCC exporters throughout the investigation, provide clarifications/ response to the queries of the authority arising time to time.
  • Commenting on preliminary determination, other official documents issued by the Investigating Authority and on disclosure meetings on behalf of the KSA/ GCC exporters.
  • Assisting clients in litigation.
Risk Assessment for exporters:
  • If you are making exports of your product to different countries, this service is for you. We can help you to analyze or evaluate the risk of imposition of Anti-Dumping duty on your product by importing countries.

The Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) addresses two separate but closely related topics: multilateral disciplines regulating the provision of subsidies and the use of countervailing measures to remove the injury caused by subsidized imports.

Multilateral disciplines are the rules regarding whether or not a subsidy may be provided by a Member. These are enforced through invoking the WTO dispute settlement mechanism. More precisely, certain subsidies are prohibited and some other specific subsidies may be challenged if these cause adverse effects to the interests of other Members. Definition of the term “subsidy” contains three basic elements:

  • A financial contribution
  • By a government or any public body within the territory of a Member.
  • Which confers a benefit to the recipient.

All three of these elements must be satisfied in order for a countervailable subsidy to exist.

Countervailing measures are a form of unilateral remedy, but it may only be applied by a Member after an investigation by that Member and a determination that the criterion set forth in the SCM Agreement are satisfied. The substantive criteria requires a Member not to impose a countervailing measure unless it determines that there are subsidized imports, injury to a domestic industry and a causal link between the subsidized imports and the injury. In-depth procedural requirements regulate the conduct of countervailing investigations and the imposition and maintenance of countervailing measures. A failure to respect either the substantive or procedural requirements can be taken to dispute settlement and may be made the basis for invalidation of the measure.

Our Services

In the area of subsidies and countervailing measures, the range of our services includes:

Services for the domestic industries (complainants):
  • Assisting in identifying the subsidy schemes prevalent in the exporting countries from which subsidized imports are coming.
  • Assisting the domestic industry in compilation of the data/ information/ evidences for preparation of Anti-Dumping application including;
  • Assistance in determining the scope of the product and its comparison with the product being imports which is hurting the domestic industry.
  • Assistance in collection of financial, costing and accounting data of the Client which is required for the anti-subsidy application.
  • Analysis of the import data to establish the import quantities and prices.
  • Preparation of the injury claims by analyzing operational results and financial position of the company in comparison with the import statistics.
  • Review the factors other than dumped imports being faced by the domestic industry for proper establishment of causal link between dumped imports and injury to the domestic industry.
  • Preparation of the application in the format specified by the Authority and its submission.
  • Preparation of public version of the application for submission to the Authority.
  • Review the submissions of the interested parties on the application and prepare counter arguments.
  • Review and comment on the subsidy documents obtained from the public file to assist the Authority in identifying the actionable subsidies.
  • Provide assistance to the domestic industry during on-the-spot verification.
  • Keep continuous liaison with the concerned government authorities and industrial associations where necessary throughout the investigation.
  • Respond to various queries of the Investigating Authority on behalf of the domestic industry.
  • Assisting clients in litigation.
Services for the importers before the Investigating Authority to safe guard their interest, including the following:
  • Providing technical assistance to fill in importers questionnaire.
  • Giving oral and written submissions on the application filed by the domestic industry.
  • Making liaison with the Investigating Authority.
  • Representing importers in hearings before the Investigating Authority.
  • Commenting on preliminary determination, other official documents issued by the Authority on behalf of the importers.
  • Assisting clients in litigation.
Services for the foreign exporters / producers before the Investigating Authority which includes:
  • Providing technical assistance to fill in foreign producers / exporters questionnaire.
  • Calculation of actual subsidy margin, if there is any.
  • Giving oral and written submissions on the application filed by the domestic industry.
  • Making liaison with the Investigating Authority.
  • Representing foreign producers/exporters in hearings before the Investigating Authority.
  • Commenting on preliminary determination and other official documents issued by the Authority on behalf of the importer.
  • Assisting clients in litigation.
Services for KSA/GCC exporters / producers before the foreign Investigating Authority which includes:
  • Analyzing the subsidy schemes prevalent in KSA / GCC and determining the extent of benefit derived therefrom by the exporters / producers, if any.
  • Reviewing the cost to make & sell data along with the other relevant / supporting documents for making it part of the subsidy questionnaire.
  • Calculation of actual subsidy margin, if there is any.
  • Assisting the clients in preparation and filing of questionnaire of the foreign Investigating Authority.
  • Assisting the clients at the time of on-the-spot verification.
  • Giving written submissions throughout the investigation, as and when required, to the Investigating Authority of the importing country, including comments on the application filed by the domestic industry in the importing country.
  • Representing clients in hearings and disclosure meetings before the Investigating Authority in the importing country.
  • Making liaison with the Investigating Authority in the importing country, directly, or through our associate partner in the importing country.
  • Commenting on preliminary determination, other official documents issued by the Authority, final disclosure documents etc and on disclosure meetings on behalf of the KSA / GCC exporters.

The Agreement on Safeguards (“SG Agreement”) sets forth the rules for application of safeguard measures pursuant to Article XIX of GATT 1994. Safeguard measures are defined as “emergency” actions with respect to increased imports of a particular product, where such imports have caused or threaten to cause serious injury to the importing Member’s domestic industry (Article 2). Such measures, which in broad terms take the form of suspension of concessions or obligations, can consist of quantitative import restrictions or of duty increases to higher than bound rates. This is one of the three types of contingent trade protection measures, along with anti-dumping and countervailing measures, available to WTO Members.

The guiding principles of the Agreement with respect to safeguard measures are that such measures must be temporary; that they may be imposed only when imports are found to cause or threaten serious injury to a competing domestic industry; that these measures (generally) be applied on a non-selective (i.e. most-favoured-nation, or “MFN”) basis; that those be progressively liberalized while in effect; and that the Member imposing the measures (generally) must pay compensation to the Members whose trade is affected. Thus, safeguard measures, unlike anti-dumping and countervailing measures, do not require a finding of an “unfair” practice and generally must be applied on MFN basis. In its own words, the SG Agreement, which explicitly applies equally to all Members, aims to:

  • Clarify and reinforce GATT disciplines, particularly those of Article XIX;
  • Re-establish multilateral control over safeguards and eliminate measures that escape such control; and
  • Encourage structural adjustment on the part of the industries adversely affected by increased imports, thereby enhancing competition in international markets.

Our Services

We also provide services to our clients relating to safeguard measures. When domestic industry of KSA / GCC is threatened to face serious injury due to sudden surge of imports of a particular product. We have the expertise to complete the challenging assignments in stipulated time period. The services include but not limited to:

Services for the domestic industries (complainants):
  • Identification and analysis of problems being faced by the domestic industry/applicant.
  • Preparation of various injury factors as given in the safeguard legislation by analyzing the operational results and financial position of the domestic industry with respect to the product concerned.
  • Analyzing facts about various injury factors and firming up injury caused to the domestic industry.
  • Collection and analysis of import data of the product concerned and its comparison with the domestic industry prices and sales volume to develop causal link of imports with the injury.
  • Assisting the domestic industry during on-the-spot investigation by the officials of the Investigating Authority.
  • Attending hearings on behalf of the domestic industry and responding to submissions by other interested parties.
  • Making Liaison with the concerned government authorities and industrial associations where necessary.
  • Responding to all queries of the Investigating Authority on behalf of the domestic industry.
Services for the importers before the Investigating Authority to safe guard their interest, including the following:
  • Guiding the importers to fill up importers questionnaire.
  • Preparation and submission of written comments on the application filed by the domestic industry on behalf of the importers.
  • Representing importers in hearings before the Investigating Authority.
  • Making Liaison with the Investigating Authorities and concerned associations, if any.
  • Preparation and submission of comments on provisional determination.
  • Giving counter arguments on the injury claimed by the applicant with reference to various injury factors.
  • Identification and submission of other injury factors to the concerned Authority.
  • Responding all queries raised by the Investigating Authority during the investigation.
Services for the foreign exporters / producers before the Investigating Authority which includes:
  • Assisting and guiding the exporters/foreign producers in preparation and filing of exporters questionnaire.
  • Preparing and filing comments on the application filed by the domestic industry.
  • Assisting the client during on-the-spot investigation by the officials of the Investigating Authority.
  • Attending hearings and make submissions and rebuttals on behalf of the exporters.
  • Making Liaison with different government authorities concerning matters arising from filing of safeguard application by the domestic industry.

Responding various queries of the Investigating Authority during the investigation.

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Contact Us

+966 11 542 0002
contact@drouaalamal.sa

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