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Procedural phases relating to the defense against unfair import practices

The procedural phases relating to the defense against unfair

import practices are defined as follows:

Presentation of a request from a national industry or instruction from the Minister responsible for trade.

Notification of admissibility of the file:
Check whether the file is complete or not.

Carry out a preliminary examination: verify the accuracy and adequacy of the evidence provided. Check the condition of representativeness of the applicant

Motion requiring preliminary examination

Sufficient evidence and conditions fulfilled, therefore, initiation of an investigation after advice from the Ministry of Trade. Possibility of imposition of provisional anti-dumping or countervailing duties.

Publication in the J.O.R.T of the decision to open investigation/ Provisional measures taken.OMC notification. Sending inquiries to foreign parties.

Verification of information provided by foreign parties. Investigative operations with the possibility of making site visits and hearings.

Negative preliminary examination

File classification. OMC notification.

Imposition of anti-dumping or countervailing duties. OMC notification. Publication in the J.O.R.T. Monitoring of the application of the measures taken.

Termination of the investigation in case of insufficient evidence concerning the increased imports and their detrimental effects on local production

Notification of the OMC, Publication in the J.O.R.T

The subsidy

Subsidy is the granting of a benefit to a foreign exporter by the government of the exporting country in the form of a financial contribution that confers a benefit measured against generally applicable trading standards and normal market conditions.

The financial contribution can take one of the following forms:

A direct transfer of funds (for example a donation, a loan, equity participation)
A potential direct transfer of funds or liabilities (e.g. a loan guarantee),
Public revenues that are normally payable are abandoned or not collected (example: tax credits),
Supplies of goods or services other than general infrastructure, or purchase of goods by public authorities
Income or price support

Conditions for considering the subsidy as an unfair import practice

For the subsidy as defined above to be considered an unfair import practice, it must be “specific”, i.e. reserved for certain companies or when its granting is not subject to objective criteria or that these criteria, despite their existence, are not respected.

Calculation of the subsidy amount

The amount of the subsidy is calculated by making a comparison between the conditions on which the public authorities make the financial contribution and the conditions which the beneficiary could obtain on the market. Next, it is necessary to quantify the amount of the subsidy, per unit or ad valorem, i.e. the amount attributable to the product under investigation.

The imposition of countervailing duties can only be applied on the basis of an investigation which has found that the imports in question are subsidized and are causing damage to the domestic industry producing a like product. The damage determination is based on the following positive evidence:

Countervailing duty investigations must cease immediately in cases where the amount of subsidy is de minimis or where the volume of subsidized imports is negligible.

<0% ad valorem

The amount of the subsidy is considered de minimis

Countervailing duties are applied for a maximum period of 5 years when they are definitive and for a period of 4 months subject to extension up to 6 months or 9 months if they are provisional.

Procedural phases relating to the defense against unfair import practices

Dumping

Dumping is a Practice which consists of selling a product on the Tunisian market at prices lower than that of the country of origin or country of provenance. To determine the existence of dumping, a comparison must be made between the export price and the normal value of the product in question. The following two tables make it possible to calculate the two values mentioned above.

Normal Value Calculation Method
Method of calculating the export price

The dumping margin rate is calculated on the basis of the following formula:

An anti-dumping measure may be applied if the volume of the dumped imports represents

-1%

Imports of the similar product in Tunisia

+1%

The dumping margin rate

Threat of damage

The damage or threat of damage must affect all producers of similar products or producers having a major proportion of domestic production.

Real positive cause and effect relationship

In the same context, it must be shown that there is a real and substantial positive cause and effect relationship between the dumped imports and the damage. This must be based on solid and verifiable evidence distinguishing damage caused by other factors from damage caused by dumped imports.

Threat of significant damage

Threat of damage to a domestic industry means when the introduction of the dumped imports will cause damage to occur imminently.

Measure to reduce the effect of damage

Before the termination of the investigation, provisional duties may be applied when there is a preliminary affirmative determination of the existence of dumping as well as the judgment of the need to apply such a measure to reduce the effect of the damage.

Mesures définitives

At the end of the investigation, the competent authorities within the Ministry of Trade and Export Development may apply definitive measures in the form of anti-dumping duties or acceptance of an undertaking by the foreign exporter to revise its prices and eliminate the effects of the unfair practice.

Foreign exchange development year 2020

Import safeguards measures

Import safeguards measures are taken by the the Ministry of Trade and Export Development after consulting with the National Foreign Trade Council. They consist of raising customs duties or applying a quantitative restriction or a tariff quota.

This makes it possible to deal exceptionally and urgently with a massive increase in imports of a given product causing serious injury or the threat of serious injury to a domestic industry that locally manufactures a similar or directly competitive product.

In order to be able to take safeguard measures, it is essential to fulfill the following conditions

Les mesures de sauvegardent exigent la présence d’une conjoncture imprévue et exceptionnellement défavorable, ils peuvent s’appliquer jusqu’à 10 ans et sont démantelées de façon progressive afin de permettre à la branche de production concernée de s’adapter au rythme de la concurrence internationale. De même, le produit en question pourrait être soumis à une surveillance préalable à l’importation.

Le dommage grave dans le cadre des enquêtes de sauvegarde est la dégradation générale notable de la situation d’une branche de production nationale, alors que la menace du dommage grave est la situation où le dommage grave causé à la branche de production nationale devient imminent.

The existence of injury must always be based on “positive evidence” and involve an “objective examination” of the following elements:

Actual and potential decrease in turnover, profits, production, market share, productivity.

Reduction in the use of production capacity.

Delay in implementing specific production plans

Delay or abandonment of the extension of the planned facilities or the acquisition of additional machinery by local producers

Order losses

Erosion, compression or gradual deterioration of price

Negative effects on cash flow, inventories and wages

Delay in the creation or establishment of an industry in Tunisia even though feasibility studies have been completed as well as equipment acquisition contracts and credit agreements

Decline in employment

Impossibility of achieving planned targets for increased profits, production, staff, sales, etc.

Market share of local producers is growing at a slower pace than the market growth rate

Inability to raise capital for investment

The procedural phases relating to

import safeguards measures

Presentation of a request from a national industry or instruction from the Minister responsible for trade

Notification of admissibility of the file:
Check whether the file is complete or not.

Carry out a preliminary examination: verify the accuracy and adequacy of the evidence provided.

Sufficient evidence and conditions fulfilled therefore opening of an investigation after the opinion of the Ministry of Commerce. Possibility of provisional safeguard measures in critical cases.

Insufficient or inaccurate evidence. Legal conditions not fulfilled. In this case, the file is either classified or sent to another department.

Publication of the decision to initiate an investigation/any provisional measures taken in the J.O.R.T. OMC notification. Sending inquiries to foreign parties

Verification of information provided by foreign parties. Investigative operations with possibility of on-site visits and hearings

Institution of safeguards measures, Notification of the OMC, Publication in J.O.R.T, Monitoring of the application of the measures taken

Termination of the investigation in case of insufficient evidence concerning increased imports and their harmful effects on local production

Notification of the OMC, Publication in the J.O.R.T

Geographical distribution of foreign trade

80.0% of Tunisian exports are destined for the EU and UMA during the year 2020, despite the drop in our exports to these two destinations (EU: -11.3%, UMA: -22.3%).

Our national exports also fell to the Agadir zone (-14.5%, share: 2%), sub-Saharan Africa (-3.5%, share: 2.7%) and Asia (-13.2%, share: 4.0%).

On the other hand, our exports recorded an increase to Turkey (+13.1%, share: 1.2%).

Outside the EU, the trade deficit worsens, reaching in terms of value 15819.3 MD (instead of 12757.8 MD), this result shows the importance of our foreign trade with our main partner the EU (ranking first: customer and supplier) and its effect on the national trade balance.

The trade balance deficit recorded in 2020 of around -12757.8 MD is largely explained by the deficit recorded with certain countries:

China: -5393.8 MD

Turkey: -2140.6 MD

Algeria: -1719.5 MD

Ukraine: -1431.9 MD

Russia: -1007.0 MD

India: -608.3 MD

On the other hand, a trade balance surplus is recorded with other countries:

France: 3515.8 MD

Germany: 1217.0 MD

Libya: 1096.3 MD

Morocco: 294.6 MD

SECTORAL ANALYSIS OF EXPORTS

The analysis of exports by sector of activity during the year 2020 shows the following observations:

Selon la structure des exportations le secteur des IME est classé le premier avec une part d’environ 45.4% et une baisse des exportations de -14.0%.

The decline in exports concerns several sectors of activity. The rates vary between -24.4% (Mining, phosphates and derivatives sector) and -9.4% (Energy sector).

On the other hand, the sector of Agriculture and agro-food industries recorded an increase of 12.0% following the increase in our sales of olive oil.

Excluding the Energy, Phosphate Mines and drift sectors, foreign trade during the year 2020 is characterized by:

Trade deficit : 9120.8 MD (instead of 12757.8MD)

Decrease in exports of around 11.4% (instead of -11.7%)

Fall in imports of around 15.0% (instead of -18.7%)

Coverage rate of 79.4% instead of 75.2%

Analysis of imports by product groups:

The food product group recorded a slight increase of 0.6% (share: 11.1%) following the increase in our imports of durum wheat, barley, corn and soybean meal.

On the other hand, the rest of the product groups recorded a decline during the year 2020: Raw material & Semi-finished products (-14.5%, share: 32.6%), Consumer goods (13.8%, share: 25.0%), Goods Equipment (-24.6%, share: 18.9%), Energy (-37.2%, share: 12.4%).

TRADE BALANCE

During the year 2020, exports recorded a decrease of 11.7% against an increase of 7.0% in 2019.in terms of value they reached 38705.9 MD against 43855.4 MD in 2019.

As for imports, they recorded a drop of 18.7% against an increase of 5.5% in 2019, in terms of value they reached 51463.7 MD against 63291.6 MD in 2019.

Thus, the trade deficit is reduced by 34.4% or 6678.4 MD. The coverage rate stands at 75.2% (against 69.3% in 2019) recording an improvement of 5.9 points.

Foreign Trade according to the Regime:

The Off shore regime::

Decrease in exports of around 14.3% against an increase of 9.4% in 2019

Imports fell by around 18.5% compared to an increase of 5.9% in 2019

The general regime:

Decrease in exports of around 4.2% against an increase of 0.4% in 2019

Decrease in imports of around 18.8% against an increase of 5.3% in 2019

Trade Balance Analysis:
During the year 2020, the trade balance is in deficit by approximately 12757.8 MD (compared to -19436.2 MD in 2019).

According to the foreign trade regime, we note:

The general regime: trade deficit of about 23760.9 MD
The Off shore regime: trade surplus of about 11003.1 MD

Trade Defense Instruments Manual

Download the Trade Defense Instruments Manual

This manual aligns with this observation by defining the requirements, processes and minimum conditions required to enable national industrial producers, regardless of their fields of practice and branches of production, to easily resort to the instruments and mechanisms of trade defense as stipulated in the agreements of the World Trade Organization, the law relating to the defense against Unfair Import Practices as well as the law on Import Safeguards.

Anti-dumping measures

Import safeguard measures

Subsidies and countervailing measures

Trade defense measures

Import safeguard measures

Défense contre les pratiques déloyales à l’importation

Anti-dumping measures

Subsidies and countervailing measures

Rights and obligations of the parties concerned

Rights of the parties concerned
- Right of local producers or their representatives to submit a request to the Ministry responsible for trade.
- Right of parties who provide confidential information in their application or during the investigation to the confidentiality of such information.
- Right of the parties concerned by the investigation to be present at the hearings granted by the Ministry of Commerce to allow the confrontation of opposing views.
- Right of each party interested in the investigation to refuse to attend the hearings.
- Right of parties interested in the investigation to present and defend their views in writing or orally.
- Right of interested parties to request a judicial review of an action taken, within a maximum period of 20 days from the date of publication of the notice in the JORT, in the case of unfair import practices.
- Importer’s right, where applicable, to reimbursement of duties collected in excess of the definitive dumping margin or the amount of the definitive countervailing duty.
- Right of the importer to the possibility of reimbursement of the increase in customs duties collected as a provisional safeguard measure in the absence of a definitive safeguard measure.
Obligations of the parties concerned
- Obligation of the foreign exporter to respond to requests for information sent to him by the services of the Ministry responsible for Trade. Such requests shall be answered within the time limits and in the form
  specified in such requests.
- Obligation of foreign parties submitting undertakings to communicate them in a non-confidential form for dissemination to the parties concerned by the investigation (case of unfair import practices).
- Obligation to collaborate with the services of the Ministry of Trade and to provide them with the necessary information during all stages of the investigation