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THE COOEPRATION COUNCIL FOR THE ARAB STATES OF THE GULF
SECRETARIAT GENERAL
TECHNICAL SECRETARIAT FOR ANTI-INJURIOUS PRACTICES IN INTERNATIONAL TRADE
SAFEGUARD COMPLAINT
Product under complaint :
HS code of the product :
Date :
Name of the complainant :
Address :
PLEASE NOTE THAT THIS COMPLAINT HAS TO BE COMPLETED AND PROVIDED TWICE: ONE COPY AS CONFIDENTIAL
VERSION AND ONE COPY AS NON-CONFIDENTIAL VERSION
Bureau of Technical Secretariat For
Anti-Injurious Practices in International Trade
Riyadh – The Kingdom of Saudi Arabia
P.O: 7153
Code: 11462
Tel: 00966114821388
Fax : 00966112810093
Email: [email protected]
I
INSTRUCTIONS FOR FILLING THE COMPLAINT FORM
II
1. This complaint form shall be made by GCC industry or on its behalf.
2. The complaint must be provided in the same order presented in this
form and all supported documents have to be carefully reviewed .
Listed information and tables should conform to the requested
formats and should be clearly labelled. If needed, please attach
annexes for details indicating clearly to which question they relate.
3. The complaint must include sufficient evidence supporting the
existence of significant, sudden, sharp, and recent increase in
imports, and the causal link between such increased imports and the
alleged injury caused to the complainant, and all available
information supporting the complaint and the period of data
submitted.
4. The GCC industry has to precisely identify the HS Code as well as
the product under complaint.
5. The complaint must be provided in both versions (Confidential and
non-confidential) Arabic or English on the official paper of your
company with company’s stamp on each page. Furthermore, any
information or document provided as confidential must be labelled
as ‘’confidential’’. These confidential data will not be made
available to any other interested party.
6. If you encounter difficulties with answering questions within the
requested format, you should contact the TSAIP officials in charge.
7. Any party providing such ‘’confidential’’ information is required to
provide a non-confidential summary thereof which is open for
access by interested parties. Such summaries shall be in sufficient
detail to permit a reasonable understanding of the data submitted as
‘’confidential’’.
8. The complaint should be submitted (confidential and non-
confidential copies) in hard copy and soft copy (using WORD/PDF
for text and EXCEL for data).
III
9. The complaint must be addressed to the TSAIP address mentioned in
the cover page of this form. TSAIP will examine the accuracy and
adequacy of the evidence provided in the complaint and prepare an
init ial report that will be transmitted to the Permanent Committee
together with i ts recommendations whether to reject the complaint
or init iate the investigation.
10. The TSAIP may carry out on-spot visits to examine the records
of your company and to verify the information provided. For this
reason, all worksheets, documents and records used in preparing the
complaint must be retained.
IV
CONTENTS
SECTION 1-GENERAL DATA.............................................................................................................1
1-1IDENTITY OF THE COMPLAINANT:.................................................................................................11-2THE PRODUCT UNDER COMPLAINT AND THE GCC LIKE PRODUCT OR DIRECTLY COMPETITIVE PRODUCT 21-3REPRESENTATIVES OF THE GCC INDUSTRY.................................................................................3
SECTION 2-INFORMATION OF INCREASE IN IMPORTS..........................................................4
2-1EVOLUTION OF THE IMPORTS VOLUME:........................................................................................4
SECTION 3-SERIOUS INJURY ASSESSMENT................................................................................5
3-1THE GCC MARKET AND THE MARKET SHARE...............................................................53-2SALES:..............................................................................................................................................53-3PRODUCTION:..................................................................................................................................63-4LABOR, AND PRODUCTIVITY:.........................................................................................................63-5INEBTROY:.......................................................................................................................................63-6PROFIT:............................................................................................................................................63-7PRICE UNDERCUTTING DURING THE LAST YEAR:.........................................................................7
SECTION 4-CAUSAL LINK.................................................................................................................7
SECTION 5-UNFORESEEN DEVELOPMENT.................................................................................7
SECTION 6-CONCLUSION..................................................................................................................7
SECTION 7-GCC INDUSTRY ADJUSTMENTS................................................................................8
SECTION 8-PUBLIC INTEREST.........................................................................................................8
SECTION 9-PRPOSED SAFEGUARD MEASURES.........................................................................8
SECTION 10-TABLES...........................................................................................................................9
CERTIFICATE......................................................................................................................................10
V
SECTION 1- GENERAL DATA
1-1 Identity of the complainant:
1. The complainant:
Legal entityName
Date of establishment
Number of commercial register
Place of ProductionDate of beginning of production
AddressCapitalEmail/WebsiteTel/Fax
1
2. Shareholders of your company
websiteEmailFaxTelActivityShare in the capital
AddressName
2
Provide copies of the Articles of Association, its amendments, and all related
documents in Attachment 1.
3. Please indicate the products produced by your company along with its activities and provide a copy of the Business License in Attachment 2:
Main products ………… other products ……………
Main activities ………… Other activities ……………
3
4. Contact information of the person1 in charge of the case in your company:
Name: Position:
Tel/Fax: Email:
1 In case of nominating a law firm or consultant for following up the complaint with the TSAIP, please provide its contact information with official power of attorney stamped from your company in that concern.
4
1-2 The product under complaint and the GCC like product or directly competitive product
1. Describe the imported product under complaint and the GCC like product or directly competitive product that is produced by your company. Complete the table below relating to the comparison between the two products. Provide enough details on the production process, raw material, physical characteristics and catalogues and brochures in Attachment 3.
Table (1-2)
GCC like
product
product under
complaintCharacteristics
Description of the product in Arabic2
Description of the product in English3
Physical and Technical characteristics of the product (in details including size, dimensions, weight….etc.)End-uses (also indicate whether both products are substitutable?)HS Code4 in the unified customs tariff and the tariff duty currently applied.Summary of the main stages of the production process and raw materials used (enough summary for the production process, the main raw materials, nevertheless you have to include detailed explanation in attachment (3))Marketing & Distribution channels (Wholesaler, retailer,…..etc.)Annual timings of period in which the production and sale process are active.Unit of measurement (piece, kilo, ton,…etc)Other (you can add other rows whenever needed such as whether there trade remedies’ duties are imposed by other countries on the product under complaint from the country/countries under complaint)
2 It is preferable to have this description as close as possible to the definition specified in the Unified Customs Tariff), it is also possible to add a short definition (between brackets) as a title to be used as reference in the complaint.3 Same as footnote 2.4 If the imports of the product under complaint only represent a proportion of all imports under the specified HS Code, please indicate (from item) before writing the HS Code.
5
2. Indicate whether there are differences between the GCC like product or the directly competitive product and the product under complaint such as prices, quality, production process, technology used, and substitutability, etc.
3. In case your company imported the product under complaint during the last
four years, please complete the table below and indicate the reason of
importation:
Year (4)Year (3)Year (2)Year (1)Origin Value
(specify unit)
Quantity(specify
unit)
Value(specify
unit)
Quantity(specify
unit)
Value(specify
unit)
Quantity(specify
unit)
Value(specify
unit)
Quantity(specify
unit)
Total
6
4. Complete the table below relating to the contact information of foreign
producers/exporters and importers in GCC countries of the product under
complaint:
Foreign producers/exporters:
Tel/Fax/Email/WebsiteAddressForeign producer/exporter (name)
7
GCC Importers of the product under complaint to GCC countries:
Tel/Fax/Email/WebsiteAddressGCC importer (name)
8
1-3 Representatives of the GCC industry
Provide in the table below the names of GCC producers, their production
volume during the last year for the GCC like product:
Table 1-3
Attitude about the
Complaint
Tel/Fax/
EmailAddress
Share of the production in the
Total GCC production
Actual production (volume)
Name of company
Complainant
Company (A)
SupportCompany (B)100%Total
9
Please provide evidence documents relating to the representative of the GCC
industry in Attachment 4. Where a written application is made on behalf of
the domestic industry, the application shall identify the industry on behalf of
which the application is made by a list of all known domestic producers of the
like product (or associations of domestic producers of the like product) and, to
the extent possible, a description of the volume and value of domestic
production of the like product accounted for by such producers.
SECTION 2- INFORMATION OF INCREASE IN IMPORTS
Please indicate the Injury Assessment Period (IAP), on which the data of imports and serious injury is collected.
2-1 EVOLUTION OF THE IMPORTS VOLUME:
Table 2-1 Unit of measurement:
Data Year (1) Year (2) Year (3) Year (4)Volume of imports under complaint (1)Absolute increase in the imports under complaint (Index)
100
Complainant’s production of the GCC like product/directly competitive product (2)Imports’ Volume/Production (1 ÷ 2)Relative increase of imports to the production (Index)
100
Provide explanation on the above indices and the supporting documents of the
imports data and specify its source indicating the main exporting countries to
the GCC market in Attachment 5.
10
SECTION 3- SERIOUS INJURY ASSESSMENT
Please provide assessment and evaluation to the following indices regarding the
GCC like product/directly competitive product in the last four years. Please also
attach a copy of the audited financial statements for the last four years in
Attachment (6). Furthermore, please precisely indicate when the increased
imports started to cause the serious injury or threat thereof to the GCC industry.
3-1 THE GCC MARKET AND THE MARKET SHARE
Table 3-1Unit of measurement:
Year (4)Year (3)Year (2)
Year (1)Data
Complainant and other GCC producers’5 sales volume (GCC Sales) (1)Volume of imports from all countries to GCC (2)Total GCC consumption 3= (1+2)
100GCC Consumption (Index)Market share of the GCC sales % (1÷3)
100Market share of the GCC sales (Index)
Market share of imports to GCC market (%) (2÷3)
100Market share of imports to GCC market (Index)
5 If it is difficult to provide information on other GCC producers’ sales, an estimation on such sales can be provided.
11
3-2 SALES:
Table 3-2Unit of measurement:
Year (4)Year (3)Year (2)
Year (1)Data
Complainant sales in GCC market100Index
12
3-3 PRODUCTION:
Table 3-3Unit of measurement:
Year (4)Year (3)Year (2)Year (1)DataActual production of the complainant (in volume) (1)
100IndexProduction capacity of the complainant (in volume) (2)
100IndexCapacity utilization (%) (1÷2)
100Index
13
3-4 LABOR, AND PRODUCTIVITY:
Table 3-4Unit of measurement:
Currency:Year (4)Year (3)Year (2)Year (1)Data
Employment (Number)
100IndexWages
100IndexProductivity (Production ÷ employees)
100Index
14
3-5 INEBTROY:
Table 3-5Unit of measurement:
Year (4)Year (3)Year (2)Year (1)DataFinished Goods end Stock
100Index
15
3-6 PROFIT:
Table 3-6Currency:
Year (4)Year (3)Year (2)Year (1)DataProfit / loss
100Index
16
3-7 PRICE UNDERCUTTING DURING THE LAST YEAR:
Table 3-7Unit of measurement:
Currency:
%4=(3÷ 1)
Price Undercutting
3=(1-2)
Average selling price for imported product (specify level of trade) (2)
Average selling price of GCC product(specify level of
trade) (1)
Data
Price Undercutting
17
SECTION 4- CAUSAL LINKThe serious injury suffered by the GCC industry must be attributed to the increase in
imports of the product under complaint. For this reason, other factors than the increase
in imports which may cause injury to the GCC industry should be separately
examined, such as any change in patters of consumption to the product concerned, or
whether there is weakness in the export performance of your company, and whether
there is development in the technology regarding the product under complaint that
affects the ability of your company to compete in the GCC market.
SECTION 5- UNFORESEEN DEVELOPMENT
Please indicate the unforeseen circumstances or developments which led to the
increase in imports of the product under complaint and indicate how such unforeseen
developments caused such significant increase in imports.
SECTION 6- CONCLUSIONIt is concluded based on the above evidence, that the serious injury suffered by the
GCC industry of .............. cannot be attributed to other factors other than the
significant increase of imports of the product under complaint, and that there is a
causal link between such increased imports and the serious injury or threat thereof
caused to the GCC industry during the period of serious injury evaluation.
SECTION 7- GCC INDUSTRY ADJUSTMENTS
Please provide details on the proposed GCC industry’s adjustment plan including the
proposed programs for the development of the productivity of your company, which
will be applied in case of imposition of definitive safeguard measures, in the short,
medium and long term. Furthermore, provide the supporting evidence (if any) for the
adjustment plan in Attachment (7).18
SECTION 8- PUBLIC INTERESTThe impact of any proposed measures will be examined on the public interest for both of the consumer and the industry users in the GCC market, so please provide a detailed explanation on the proposed measures and how they serve the public interest.
SECTION 9- PRPOSED SAFEGUARD MEASURES
In critical circumstances when it is determined that the delay in taking action would
cause damage that would be difficult to repair because of the significant increase in
imports of the product under complaint, provisional safeguard duties may be applied.
In this case, please provide an estimated provisional safeguard duty which may be
imposed against imports of the concerned product and provide justifications for this
proposed duty.
Please also specify the form of the definitive safeguard measures necessary to remedy
the alleged serious injury and duration of such measures with pointing out the
liberalization of these measures during the period of imposition. In case of proposing
definitive duty, kindly provide an estimation of such proposed duty.
19
SECTION 10- TABLESPlease check that the following documents are attached to the complaint:
Attachment No. Description page
1 Articles of Association and related documents 1
2 Business License 1
3 catalogues or brochures about the GCC product 2
4 Evidence supporting the representative of the GCC industry 3
5 Evidence on imports data 4
6 Audited accounts for the last 4 financial years for your company 5
7 Evidence on the adjustment plan (if any) 8
20
CERTIFICATE
The undersigned on behalf of (name of company) certifies that all information
supplied in this complaint is correct and complete accordingly to records of the
company,
And in case of differences between the information submitted and those
recorded in you company, the TSAIP has the right to disregard this information,
And understands that the information submitted in this complaint or any
information submitted during the investigation proceeding may be subject to audit and
verification by the TSAIP.
Date signature of authorized official
Company stamp name and title of authorized official
21
