Trade Defense Instruments Manual

Trade Defense Instruments Manual

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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.

Trade defense measures

Trade defense measures

Mesures de sauvegarde

Import safeguard measures

Défense contre les pratiques déloyales à l’importation

Les mesures anti dumping

Anti-dumping measures

Les subventions et mesures

Subsidies and countervailing measures

Rights and obligations 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.
    • 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

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