Egyptian Official Gazette – Issue No. 31, Supplement (A) on February 8th, 2016 Non-Official Translation The Arab Republic of Egypt Ministry of Trade and Industry Anti-dumping, Subsidy & Safeguard Department Notice No.2 of the year 2016 On Termination of the Safeguard Investigation against Imports of White Sugar
In accordance with Law No. 161 of 1998 concerning the Protection of the National Economy from the Injurious Effects of the Unfair Practices in International Trade, the Executive Regulation, issued by virtue of the Ministerial Decree No.(549) of 1998, and the amendments thereof (hereinafter referred to as the “Regulation”). In accordance with the provisions of Article (10) of the Regulation, the Minister of Trade and Industry issued the Ministerial Decree No. 101 on February 7th, 2016 that was published in the Egyptian Official Gazette, Issue No.31 (Supplement) on February 8th, 2016 concerning the termination of the safeguard investigation against imports of white sugar without imposing definitive measures.
1. Procedures: On 16/4/2015, the Investigating Authority (IA), on its own initiative, submitted a report to the Advisory Committee in accordance with the provisions of Articles (20) and (82) of the Regulation recommending the initiation of investigation and imposition of provisional safeguard measures on imports of white sugar. The Advisory Committee, in turn, approved the IA’s conclusions and made a recommendation to the Minister of Industry, Trade and SMEs. On 16/4/2015, the Minister of Industry, Trade and SMEs approved the initiation of the investigation and imposition of provisional safeguard measures and issued the Ministerial Decree No. 288 of 2015 on the imposition of provisional safeguard measures of (20) percent of CIF value (by a minimum of LE 700 per Ton) on the imports of white sugar which is classified under HS Code 17 01 99 90 for a period not exceeding 200 days, in accordance with the provisions of Articles (10) and (82) of the Regulation.
On 16/4/2015, the IA notified the WTO Committee on Safeguards of the initiation of the investigation and imposition of provisional safeguard measures in accordance with the provisions of Articles (12.1.A & 12.4) of the Agreement on Safeguards. n 19/4/2015, the Ministerial Decree No. 288 of 2015 was published in the Egyptian O Official Gazette, Issue No. 89, Supplement (A). n 23/4/2015, the Notice No. 5 of 2015 was published in the Egyptian Official Gazette, Issue O No. 93, supplement (A) concerning the initiation of the investigation and imposition of provisional safeguard measures against the substantial increase of the imports of white sugar in accordance with the provisions of Article (22) of the Regulation. During the period from 4/5/2015 to 20/5/2015, a copy of the Notice of the Initiation of Investigation and questionnaires were sent to the interested parties. Each party was granted a 37day term from the date of receipt to respond, in accordance with the provisions of Article (23) of the Regulation. During the period from 3/6/2015 to 25/6/2015, the IA received the interested parties’ comments and the responses to the questionnaires. On 10/8/2015, the IA held a public hearing attended by the parties concerned and the interested parties. During the period from 10/8/2015 to 17/8/2015, The IA received comments of the interested parties on the public hearing. During the period from 6/9/2015 to 10/9/2015, the IA conducted on-the-spot verification visits to the domestic industry in order to verify the accuracy of the submitted information and check the financial statements and the supporting documents submitted by the domestic Industry. On 30/9/2015, the IA conducted negotiations with the European Union upon request thereof. On 18/10/2015, the Essential Facts and Conclusions Report was sent to the interested parties. During the period from 22/10/2015 to 26/10/2015, the IA received the comments of the interested parties on the Essential Facts and Conclusions Report. On 2/12/2015, the IA submitted a Final Report to the Advisory Committee recommending termination of the investigation without imposing definitive measures and the refund of the value of the provisional measures collected during the validity of the Ministerial Decree No. 288 of 2015. The Advisory Committee approved the IA’s recommendation. On 7/2/2016, the Minister of Trade and Industry issued the Ministerial Decree No. 101 on the termination of the safeguard investigation against imports of white sugar without imposing definitive measures and the refund of the value of the provisional measures collected during the validity of the Ministerial Decree No.288 of 2015. On 8/2/2016, the Ministerial Decree No. 101 of 2016 was published in the Egyptian Official Gazette, Issue No. 31 (Supplement)
2. Product under Investigation The product under investigation is white sugar, which is classified under H.S Code 17 01 99 90.
3. Domestic Industry The domestic industry is represented by the of Dakahlia Sugar Company, United Sugar Company of Egypt (Savola) and Nile Sugar company whose production represents 38 percent of the total domestic productionof the like product.
4. Termination of the Investigation In light of the responses to the questionnaires, the interested parties’ comments and the available information, the IA concluded that there was a decline in the import volume during the period from 2012 to 2014 and that most of the domestic industry's indicators improved during the same period. In addition, the IA concluded that during the first quarter of the year 2015, the import volume increased while most of the domestic industry's indicators continued to improve during the same period when compared to a similar period in 2012, which contradicts the existence of serious injury in accordance with Article (4.1) (A) of the Agreement on Safeguards.
5. Correspondence Address: Ministry of Trade and Industry (Anti-dumping، Subsidy and Safeguard Department) Nasr City, Ramses Extension St, Al-Maleya Towers Tower No.6 – Floor No.9 Tel: 00 202 - 23422448 Fax: 00 202 – 23420779/ 23420784 E-mail: itpd@ tas.gov.eg