Complaint Form Guide

This form is for producers in Egypt who think that an import subsidy is causing injury to domestic production. This form presents general information on subsidy, measures that may be taken by the injured industry against subsidy, how to submit an application for an investigation, and the steps and procedures involved.

What is a subsidy?

According to Article (57) of the Regulation of Law No. 161/1998 subsidy is "any financial contribution provided directly or indirectly, by the government of the country of origin or any public body within its territory and a benefit is thereby conferred to the recipient of subsidy either producer(s) or exporter(s)."

Subsidy includes any financial or other commercial benefit that has occurred or will accrue, directly or indirectly, to persons engaged in the production, manufacture, or trade of goods as a result of any scheme, program, practice, thing done, provided, or implemented by a foreign government; but does not include the amount of any duty or internal tax imposed on goods by the government of the country of origin or country of export from which the goods, have been exempted or will be relieved by means of refund or drawback. Measures can be taken against subsidy only if it confers a benefit on the recipient, is directed or specific to certain enterprises or industries and causes material injury or threat thereof to the domestic industry or materially retards the establishment of a new industry.

Is subsidy illegal?

Subsidy is considered illegal if it injures the domestic industry that produces the identical domestic product. Such imports may be subject to imposed duties which are only imposed after an investigation. These measures of investigation are found in the Regulation of Law No. 161/1998 concerning the protection of the national economy from the injurious practices in international trade. The Anti-Dumping, Subsidy and Safeguard Department in the Ministry of Foreign Trade and Industry will conduct this investigation.

How is a complaint submitted?

You have to visit the Anti-Dumping, Subsidy and Safeguard Department to get the subsidy complaint application form and complete it according to the instructions attached. You must submit adequate evidence on the occurrence of subsidy and injury suffered by the domestic industry due to this subsidy.

An investigation may not be initiated if:

1. There is inadequate evidence on the occurrence of subsidy.
2. There is inadequate evidence of injury suffered by the domestic industry or threat thereof.
3. The volume of imports is not significant.
4. The amount of subsidy is not significant.
5. There is not sufficient support from domestic producers (compliance of complaining domestic industry criteria).

The role of the Department in providing technical assistance to the complainant

The Anti-Dumping, Subsidy and Safeguard Department provides  technical assistance with completing the application form.

Confidential data

The submission of the application requires providing specific information, including some data and information which is confidential. Some producers are reluctant to provide this information, as its disclosure may give an unfair advantage to competitors in the industry. However, incomplete applications will be refused by the Department.  Be assured that the Department is committed to protecting confidential information and will not disclose it to any governmental body or other party.

Article 6 of the Law No. 161/1998 Concerning The Protection of National Economy From Injurious Effects of Unfair Practices in International Trade states: "Each person or body concerned with the investigation regarding Subsidy or Dumping or the unjustified increase in imports to undertake measures, procedures, to examine the petitions, and keeping the confidentiality of information, data submitted by interested parties according to provision of this law and its regulation, including the referred agreement in Article 1 of this Law. The disclosure of data and information referred to is forbidden, except with written permition from the submitted party."

Who examines the complaint?

The Anti-Dumping, Subsidy and Safeguard Department is examines  complaints. All correspondence concerning the investigation should be directed to the Under Secretary, head of Anti-Dumping, Subsidy and Safeguard Department.

What happens if subsidy leads to the injury of the domestic industry?

Provisional measures may be imposed after 60 days from date of initiation of an investigation, and, if found necessary, final countervailing measures will be imposed on imports after the final decree is issued. Countervailing measures are applied for five years.

What are the steps of an investigation?

When the Department receives a written complaint from the complainant industry, the Department examines the complaint in the time limit stated in the Regulation to see if it is properly documented. If it is properly documented, it will be accepted by the Department. The Department notifies the governments of exporting countries once the application is approved, to make consultations available to interested parties to reach a mutually agreed solution. The consultation period is determined according to the nature of each case. The submitted application is examined to ensure the availability of sufficient evidence to initiate an investigation, and during this period, the Department may contact the complainant with more questions to clarify some data in his application.

After finishing the examination of the application, the complainant is notified by the approval of the Ministry on initiation of investigation, and this is published in the Official Gazette. In addition, the complaining industry, exporters, foreign producers, known importers and the governments of exporting countries are notified.

Investigation

The investigation includes examining the evidence in the application and analyzing all submitted data on subsidy programs and other relevant information, to verify that subsidy has caused material injury to the domestic industry or threatens to do so.

The following guidelines should be followed by the complaining industry prior to completion of the application form:

1. This form should be read carefully, including the glossary of terms, as it may help to clarify information.
2. Be sure to understand the terms in the glossary found at the end of this form.
3. Use this form to help in identifying priorities and the ordering the data required by the application.
4. Evidence should be submitted with supporting documents whenever possible.
5. This form is to be completed by the producer of the identical or like product, but is to be submitted on behalf of the complaining industry or by the concerned chambers,  industry federation, producers association or the supervisory ministries of any production sectors.
6. This form should be completed on the letterhead of the complaining company forms and signed, sealed and submitted by the company manager  Two versions, a confidential and a non-confidential copy, should be submitted. Confidential information is to be identified by the complaining company.