Law 42 Of The 2006 Law On The Protection Of National Production From The Effects Of Harmful Practices In International Trade

Original Language Title: القانون 42 لعام 2006 قانون حماية الانتاج الوطني من الآثار الناجمة عن الممارسات الضارة في التجارة الدولية

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4986&RID=-1&Last=10058&First=0&CurrentPage=10&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 42 of the 2006 law on the protection of national production from the effects of harmful practices in international trade, President of the Republic based on the Constitution and approved by the NPC at its meeting on 26-9-2006 is 19-10-2006 issue: chapter I definitions article 1 the following expressions mean in application of the provisions of this law, the meanings next to each: law: law on the protection of national production from the effects of harmful practices in international trade.

Ministry: Ministry of economy and trade.

Minister: Minister of economy and trade.

Committee: the Committee on anti-dumping and subsidies and protective measures provided for in this law.

Harmful practices in international trade: an increase in the volume of imports of a product as a result of the dumping or subsidizing has caused injury or threaten local products or impeding the establishment of industry or emerging industry protection, or unexplained increase in imports causes serious damage or threat of domestic products.

Damage: the intended one of the following: 1. physical damage or potential national producers or physical damage to domestic industry hampered as a result of the cases of dumping or subsidies.

2. damage of the great negative influence or potential national producers in the event of increased imports are unjustified.

Dumping: the sale of the imported goods (similar to domestically produced goods or having the same specifications) in Syria at a price less than the selling price in the exporter's domestic market, or at a price less than the total cost to cause harm or threaten or significantly hinders the production of such goods in Syria.

Support: is any financial contribution, directly or indirectly, by the Government of the State of origin or of any public body and result in benefit to the recipient of support, both a producer or a distributor or a vector or a source or a combination of these and have resulted in physical harm national production or threat of injury or disability create a national industry or national industry development.

Unexplained increase in imports are unjustified increase of product imports to Syria is not caused by the process of dumping or subsidies in increasing amounts, whether this increase in absolute terms or relative to national production and caused serious damage or threat of similar national products or competing directly.

Anti-dumping measures: measures to protect a particular national product against dumping.

Measures to combat illicit support: actions aimed at protecting particular national product against illegal subsidies.

Preventive measures: measures to protect a particular national product against unjustified increase in imports.

National producers: local producers of similar product or who produce combined beyond 25% of domestic production of that product.

Product: industrial or agricultural product or commodity product or another service.

Similar product: national product similar in all respects to the imported product to the Syrian Arabic Republic or who looks like him greatly in its properties, or in its absence of symmetry.

Chapter II objective law article 2 this law aims to address harmful practices in international trade with Syria for the following cases: 1. cases of dumping which caused injury or threaten to cause damage to the product.

2. cases of illegal subsidies granted by States for exports to Syria.

3. damage resulting from unjustified increase in imports.

Chapter III conditions and anti-dumping measures article 3 specifies the conditions that require anti-dumping duties in accordance with the following: 1. the dumping by export prices and prices found on sale in the country of origin and volume of imports.

2. physical harm or threat bhodthh national product is declining production volumes or lower sales or profits or increase inventory or rising unemployment.

3. having a clear causal link between the dumping and the injury to national production.

Article 4 of the anti-dumping measures determined in accordance with the following: 1. the dumping charges will be imposed on imports from the country of origin of the product in case of dumping in proportion to the difference between the export price and the normal value of the goods.

2. determine the normal value of the product by identification product price in the domestic market of the country of origin if the trade environment for the production of the product in the country source their natural course without support or protection, failing this appeal to determine the normal value of the product through the sales price of the goods in other countries or by calculating the cost of the exported product plus profit margin.

3. keep dumping duties imposed as long as the specific situation of dumping is continuing.

Chapter IV conditions and procedures for countervailing measures against support article 5 specifies the conditions that require compensatory measures against the support according to: 1. proven support cases.

2. physical harm or the threat of it happening on national product is declining production volumes or lower sales or profits or increase inventory or rising unemployment.

3. having a clear causal link between the subsidy and damage to national production.

Article 6 specifies the countervailing measures measures against support according to the following: 1. countervailing support cases banned according to the volume of support.

2. duration of countervailing duties expire after five years from the date or last review.

3. cancellation or reducing tariffs on imported inputs that go into the product.

4. any other measures to help domestic producers adjust to import competition provided that they do not conflict with the relevant international agreements.

 

(Prohibited support) article 7 1-support is prohibited in any bookshop: a-if, in accordance with the provisions of the applicable legislation or by fact, to export both found conditions or other considerations for grants or no.

B-If a grant on condition using domestic goods without imported goods and that this condition is accompanied by other conditions.

2. support is dependent on export as fact, if with no legislative text to support grants tied to actual or anticipated exportation or export earnings requirement.


3-it is not sufficient that the recipient institution or company it support export activities to establish support support is prohibited.

(Support) article 8 1-custom support is if it confines the donor Government or legislation under which institutions work or within a specific geographic area, and an institution means one institution or industry or group of enterprises or industries.

2. no dedicated support is then granted according to objective criteria or conditions established by the awarding authority or under the legislation to which works to measure eligibility and the amount of support provided that the grant support automatically once you achieve those criteria and conditions are strictly adhered to.

In the application of the provisions of this article, the terms and objective criteria if the neutral character so biased in favour of certain institutions without the other, and be based on economic principles and public justice in terms of application as the size of the enterprise or the number of employees or otherwise.

Article 9 1 support is intended to benefit or financial contribution provided by the exporting State or any form of income or price support, which lead to the benefit of individuals or entities engaged in the production or distribution of goods or transferred or sold or exported or otherwise.

2. support any forms of government financial contribution: (a) any direct government funding (grants and loans) or indirectly (such as guarantees for loans granted by others).

B-Government concession revenues owed to it whether or not to waive debts, with the exception of the source product exemption, in whole or in part from user fees or taxes on the similar product when directed to domestic consumption or return of such fees or taxes after exporting if you meet the requirement not to exceed the amount of refund has been met.

C-the Government purchase of goods or the provision of goods and services outside its functions of providing public infrastructure.

D-for the Government to implement the forms mentioned in items (a-b-c) of this paragraph by granting funds to specialized financial institutions, or to entrust a private implementation AMO over the matters set out in this paragraph.

Conditions and procedures for countervailing measures against support (support) article 10 shall be countervailing duty on any product imported into the country if the result of the investigation conducted by the competent authority in accordance with the provisions of law no reprographic: 1-importing product benefit from support as defined in article 9 of this law.

B-custom support in accordance with the concept contained in article 8 of this law.

C-that the imports of the product you receive support cause damage to a similar product in accordance with the provisions of this law and those instructions.

2. or imported product benefit from support is prohibited in accordance with the concept contained in article 7 of this law.

(Allowed) article 11 shall take remedial action against forms of support: 1. support for research activities carried out by the same companies or institutions of higher education or research institutions based on contracts with companies, but increases the amount of support at 75% seventy-five percent of the total costs of industrial research or 50% fifty per cent of the total development costs which precedes the stage competition These types are defined, the costs and the concept of industrial research.

2. support to assist disadvantaged areas within the State of export, as part of a general plan for regional development provided that they do not provide such assistance to certain institutions in that area.

And specify the conditions and criteria required to establish these areas deprived of Ministry.

3. support to assist enterprises to adapt to new environmental requirements imposed by this legislation, that lead to further restrictions and financial burdens on companies and institutions, and therefore require support should not exceed 20% twenty percent of the cost of adaptation to environmental requirements and have established operating for at least two years from the date of imposition of new environmental requirements.

(Amount of support) article 12 1-determines the amount of support based on the achieved benefits for recipients of support which is calculated in the period under investigation.

2-structured rules apply below to calculate the realized benefit for recipients of support: a Government contribution is not proven benefit for the company that the company only if the contribution is inconsistent with the ordinary investment practices by private investors in the territory of the exporting State.

B-not considered government loan loan recipients benefit investigators only if there is a difference between interest and any other costs paid by the company the loan borrowing Government and those that have been paid by similar commercial loan could get it according to market standards, and in this case the utility calculated based on the difference between the two amounts.

C-is not considered a Government loan guarantee the company's warranty requested benefit investigators only if there is a difference between the amount paid by the recipient company warranty on secured loan from the Government and the amount that would have been paid for similar commercial loan without Government guarantee, in which case calculate profit based on the difference between the two amounts taking into consideration the difference between the fees paid by either company.

D-is not for the Government to provide the producers of goods and services or to purchase them for the benefit, unless the provision offered less than the market price or purchase offer than market price, taking into account market conditions and prevailing standards as quality and availability and the possibility of marketing, transportation and other conditions of sale and purchase.

Chapter v conditions and procedures for preventive measures article 13 specifies the conditions of preventive measures as follows: 1. the existence of evidence and objective evidence to unjustified increase in imports.

2. physical harm or the threat of it happening on national product is declining production volumes or lower sales or profits or increase inventory or high unemployment caused by the increase in imports.

3. the existence of a causal link between increased imports and the injury or possibly on national production.

Article 14 procedures preventive measures according to: 1. apply preventive measures through import restrictions or additional tariffs on goods received or both.


To the extent that such measures are adequate to prevent and treat the damage caused by the national industry association.

3. apply these preventive measures for four years which can be extended up to 10 years.

4. a preventive measure may be applied to incoming good preventive measure has been applied only after two years.

The causal substance 15 the competent authority verify that dumped imports or receiving support, and by the impact, cause harm or damage to local producers, and take into account in particular an increase in the importance of dumped imports that receive support whether this increase in absolute or relative compared to production or consumption in the country and their impact on prices and the size of the margin of dumping.

Article 16 the competent authority takes into consideration when assessing the causal factors other than the dumped imports or that receive support and that have caused or could cause damage such as size of imports not sold at dumping prices or support, prices and other factors affecting domestic prices and reduce demand and changes in patterns of consumption, trade-restrictive practices of and competition between the foreign and domestic producers and the evolution of technology and the export performance and productivity of the domestic producers.

Article 17 the competent authority may, for the purpose of assessing the damage, when it comes to investigate imports of a product from more than one country, that brings the effects of these imports if: 1. the dumping margin for imports from each country over two percent 2% of the export price in the case of dumping, the amount of support at least 1% one percent support.

2. the volume of imports from each country is not few.

3. to assess cumulatively imports effects appropriate for the conditions of competition between imported products and similar domestic products.

Physical disability to establish a domestic industry article 18 1. competent authority when determining a physical disability to establish local industry to produce a similar domestic product,: a possibility to establish local industry within a reasonable period of time.

B-the industry's growth potential.

2. the competent authority in particular economic feasibility studies and loans concluded or to be concluded and contracts for the purchase of machinery with a view to establishing new investment projects or expand the list of plants.

Chapter vi article 19 the Minister determines the organizational structure of the administrative authority or Ministry Directorate that the following tasks: 1. receiving applications concerning the application of the provisions of this Act 2.-examine these requests and the extent of the conditions prescribed.

3. raise these requests to the Commission.

4. the Committee's decisions and instruments version circulated to the relevant authorities.

5. to follow up the implementation of the decisions of the Commission with the relevant authorities.

6. work on awareness and knowledge of the concepts of dumping and preventive support and protection.

7. participation in the activities of relevant international organizations and forums.

8. formation of sub experience.

9. any other task assigned by the Minister or the Commission regarding the application of the provisions of this law.

Article 20 Commission anti-dumping and subsidies and prevention by decision of the Minister under the chairmanship of Deputy Minister and composed of representatives of the ministries of finance-industry-agriculture and agrarian reform-health-Chambers of Commerce-Federation of Chambers of industry, chambers of agriculture at least the Director, the Minister sees fit to add the membership of the Commission decision and the Commission may make use of appropriate to carry out the tasks entrusted to it.

Article 21 specifies the functions of the Committee as follows: 1. examine the requests submitted to it by the Directorate.

2. make recommendations concerning requests to the Minister.

3. periodic review of the results of the decisions with respect to the provisions of this law.

Chapter VII damage assessment article 22 are assessing the impact of the dumped imports or receiving support or unexplained increase in imports on domestic producers based on information for similar domestic product production, if such information is available, the evaluation is based on information about the production of the necessary information is available and products belong to similar domestic products.

Article 23 Directorate determine material injury actually already on local producers as a result of dumping or subsidy, or unexplained increase in imports of imported products based on study or investigation of this matter taking into account the following: 1. an increase in importance, the size of dumped imports or receiving support, either in absolute terms or relative to production or consumption and the impact of the dumped imports or supported by similar product prices in the domestic market , Taking into account the following: a that the dumped imports or supported by the lower prices have raised the price of a similar product with a difference.

The imports mainly resulted, to a decline in the price of the similar domestic product or prevent an increase in the price it was possible were it not for these imports.

2. the effect of dumped products or receiving support or unexplained increase in imports on domestic producers, and therefore evaluate the indicators and economic factors relating to the status of domestic producers including.

-Actual or potential decline in sales, profits or market share or production or productivity, return on investment or utilization of productive capacity.

B-actual or potential negative effects on cash flow, inventories, employment, wages, growth and the ability to attract capital or investment.

C-factors affecting domestic prices.

Article 24 the Directorate must verify that the dumped imports or receiving support or unexplained increase in imports, and by the impact, cause harm or damage to local producers.

Article 25 the Directorate must take into account when assessing the causal factors other than the dumped imports or receiving support or unexplained increase in imports that have caused or could cause damage such as size of imports not sold at dumping prices or support, prices and other factors affecting domestic prices and reduce demand and changes in consumption patterns.


And restrictive trade practices and competition between the foreign and domestic producers and the evolution of technology and the export performance and productivity of the local almtngin.

Article 26 for Directorate may assess the damage, when it comes to investigate imports of a product from more than one country to combine the effects of these imports if: 1. the dumping margin for imports from each country over two percent 2% of the export price in the case of dumping, the amount of support at least 1% one percent support.

2. the volume of imports from each country at least 3% three percent of domestic production.

3. to assess cumulatively imports effects appropriate for the conditions of competition between imported products and similar domestic products.

Chapter VIII potential damage article 27 for the purposes of verification of possible domestic producers for damage, based on the facts that Directorate indicate that damage is imminent and not just claim or speculate or possibility excluded occurrence to this end, the Directorate takes account in particular the following: 1. any factors indicate the possibility of a significant increase in dumped imports or that receive such support. A-any significant increase in the rate of imports.

B-the availability of unused production capacity in the country of export or increase in commodity stocks in the country and the lack of other export markets to absorb other exports.

C-the presence of dumped goods supply deals to Syrian markets or receiving support in the future.

D-a simplistic or subsidized product at lower prices than the similar domestic product indicating the probability of increasing demand that simplistic or subsidized product.

2. increase in product stocks simplistic or who receive support in Syria.

Article 28 Directorate may decide a possible damage only if the sum of the factors referred to in the preceding article of this Act leads to the conclusion that there is an impending increase in dumped imports or that receive support and that that would not damage prevention measures according to this law.

Chapter IX immediate measures article 29 1-to the Minister on the recommendation of the Commission to decide whether or not a request, to take urgent measures against the imported product under investigation, if the Committee reached a preliminary decision harmful practices and show that not to take these measures may result in injury to the domestic producers cannot be remedied.

2. identify types of urgent measures and the duration and scope of application the regulations of this law.

Article 30 1-if a decision was made to take definitive measures in accordance with the provisions of this law are urgent measures and apply final measures and guarantees submitted and retroactive settlement of fees that have been met.

2. If a decision was made not to take definitive measures it returned sponsorships submitted fees are culled from urgent measures.

3. Select the terms and conditions for the application of paragraphs 1 and 2 of this article under the operational instructions for the provisions of this law.

Article 31 of the Council of Ministers upon explanation of the Minister stop applying urgent measures if the Board found that this application has negative effects on other local producers or consumers or the public interest.

Chapter ten price undertakings article 32 the Minister to refer the decision to start investigating if suppliers provide pledges commitment to increase prices to the extent that negate the origin investigation in accordance with the following arrangements: 1. request-price undertakings from suppliers or accept them unless the Minister has issued an interim decision the existence of dumping or subsidies, injury and causation.

2. it shall not accept price undertakings if they include an increase in prices higher than necessary to eliminate the margin of dumping or the highest amount of support.

3. the Directorate decides not to accept price undertakings offered as their acceptance impractical due to the large number of suppliers, or for any other reasons, and in this case, its suppliers, its causes Directorate if possible.

Article 33 of the Directorate to request any resource which accepted price undertakings to provide information on its implementation of the pledge periodically, and allow the Department to verify the relevant data, this information is subject to confidentiality provisions set out in this law.

Article 34 the undertaking expires on the price automatically if a final decision no dumping or subsidizing or resulting damage, except in cases where this decision is linked heavily with this commitment the Minister in such cases require that the survival of an undertaking exists for an appropriate period.

Article 35 in the event of breach of any undertaking on prices so the Minister terminate the undertaking or pause and take urgent measures immediately based on information available to him, the Minister may decide to apply countervailing duties retroactively to cover the size of all or part of the breach.

Article 36 the pledge may continue for up to five years, and may be extended if the full review process (equivalent to a new process) that the pledge is still required to prevent unfair trade practices are warranted to resume it from harm.

Chapter XI article 37 retroactivity may impose anti-dumping and countervailing duties retroactively on how long the urgent measures were applied in any of the following exclusive: 1. If the damage wasn't actually potentially or physical disability to establish local industry.

2. If the damage potentially but proved to be not to take urgent measures had lead to injury.

Article 38 anti-dumping duty may be imposed retroactively on goods entered for the situation in domestic consumption and entered within 90 days before the date of application of urgent measures up to and including date of commencement of investigation and originating conditions: 1. If dumping caused damage on the dumped goods was exercised more than once and had the importer knows or should have known that by setc source and that such dumping could cause damage.

2. If the damage was caused by large imports of dumped product in a relatively short period and this may cause other conditions like rapid accumulation of imported commodity stocks weaken therapeutic effect of final anti-dumping duty to be applied.

Article 39


Anti-dumping duty may be imposed retroactively on goods entered for the situation in domestic consumption that is entered before a period not exceeding ninety days of urgent measures and that if the breach of an undertaking on the condition that prices don't fall back to prehistory where that breach.

Article 40 a compensatory fee may retroactively on goods entered for the situation in domestic consumption that is entered before a period not exceeding ninety days of urgent measures if there are extreme circumstances proved through having irreparable harm because entry into commodity imports in large quantities within a relatively short period of time and to prevent the recurrence of such damage.

Article 41 do not apply urgent measures, anti-dumping and countervailing duties only on goods imported for local consumption mode after the entry into force of the decisions to impose these fees in exceptional cases provided in articles in this chapter of this law.

Article 42 if the anti-dumping duty or 17.50 more drawing that has been paid or due imposed during emergency measures or greater than the amount estimated for the purpose of bail or deposit that is offered a guarantee according to the provisions of this law are not collecting the difference if the graph below that is the difference or drawing is recalculated as appropriate.

Article 43 excluding concurs/37/article of this law if the potential damage or material impediment to establish local industry so not possible to impose anti-dumping duties or 17.50 only from the date of issuance of the decision and no guarantee made during application of urgent measures and release any guarantees or warranties within thirty days from the date of that decision.

Chapter XII publishing and advertising article 44 procedures outlined below regarding advertisements and public notices: 1. advertisements in local newspapers daily newspapers at the expense of the applicant.

2. send a copy of the ads to the parties concerned to investigate known Directorate.

3. in declarations to access the on-demand report contains sufficient detail to factual and legal reasons the basic decision.

Article 45 inform the Directorate General Customs of all commodity exporters who proved they are dumping or receive support for the collection of them.

Chapter XIII General provisions article 46 repeal action taken under the provisions of this law in case of the demise of the reasons imposed by decision of the Prime Minister upon a proposal based on the Committee's recommendation.

Article 47 may not disclose any confidential information obtained by the Department or the Commission or to any other party through the application of the provisions of this law.

Confidentiality article 48 1. If any of the parties to the investigation of information or data for justified reasons students classified as prohibiting the competent authority disclosed without his consent and that culpable.

2. If the competent authority of the reasons underlying any party to investigate the presence of confidential information or data provided by the application or during the investigation of unexplained secrecy however hold that party as confidential must be competent authority may not take this data into account in the investigation unless confirmed by reliable sources and related links.

3. in all cases, any party involved gave any classified information put an imperfect summary of confidentiality as much as possible and sufficient to clarify that information, and to the competent authority of that party's exemption from providing this summary if this is not possible.

Article 49 without prejudice to any heavier penalty prescribed by the laws in force, anyone who discloses confidential information mentioned above by a fine of not less than one hundred and fifty thousand SP period to 1.5 million SP.

Article 50 the Minister shall issue the necessary regulations to implement and enforce the provisions of this law with the participation of stakeholders in line with the obligations of the Syrian Arabic Republic under any Arab or international conventions.

Article 51 Administrative Court has jurisdiction without other disputes concerning the implementation of the provisions of this law and challenge the judgments of the Supreme Administrative Court may suspend the implementation of decisions of the Prime Minister to take measures under this Act and chapter in these disputes and appeals expeditiously.

Article 52 1-created by Justice Department special table for experts in the disciplines required by the implementation of this law, and adhere to this schedule in accordance with the terms and conditions specified by the Minister of Justice in agreement with the Minister of economy and trade.

2. in cases where the Court refers the cases to the competent expert identifies him later to accomplish the task.

Article 53 the Minister of Justice in agreement with the Minister of economy and trade in the determination of their law enforcement capacity for the application of the provisions of this law and its implementing regulations.

Article 54 the Ministry meet applicants a fee and ability/10000 x 10000/SP pays when applying.

Article 55 eliminates work any legislation contrary to a law lords.

Article 56 this law shall be published in the Official Gazette and shall be deemed effective as of the date 1-1-2007.

 Damascus in 6-10-2006 29-10-2006 President Bashar Al-Assad, Egyptian populate Attorney