19.08.2020

Parliament of Georgia adopted the law on the Introduction of Anti-dumping Measures in Trade

On 13 July 2020, law of Georgia on the Introduction of Anti-dumping Measures in Trade was published on the website of the Legislative Herald of Georgia.

The aim of the law is to protect local industry from price dumping on imports. Law establishes the basic conditions and rules for the introduction of anti-dumping measures to be implemented when importing goods  via the customs territory of Georgia;

Pursuant to the law before implementing anti-dumping measures in each case, Competition Agency (the review body) should conduct inspection on the customs territory of Georgia.  Based on the results of the study, the review body shall submit to the Government of Georgia a conclusion on the expediency of introducing, revising or abolishing the special anti-dumping tariff. Government of Georgia makes the final decision within 30 days after receiving the conclusion;

Law sets out grounds for initiating the inspection and procedure for its implementation;

Law establishes minimum threshold for conducting the inspection, therefore if the volume of import is immaterial and does not reach the threshold prescribed by the law, the review body will not initiate the inspection or will terminate it;

Pursuant to the law, if the interested party  addresses the review body and presents sufficient evidence to prove that disclosure of certain information will have adverse effects on him/her or to the person from whom this information has been obtained or that it will give competitive advantage to third parties, information will be deemed to be confidential;

Law establishes rules according to which existence of dumping and concurrent damage to the industry should be ascertained, as well as rules for applying special anti-dumping tariffs and rules on determining time for its validity and revision;

Pursuant to the law, the Government of Georgia has the authority to decide not to use an anti-dumping measure if the introduction of this measure will fully or partially harm another sector of the economy or if it is necessary for  the interests of consumers or other state needs; Such decision may be reviewed in  a year;

Pursuant to the law, the decision of the Government of Georgia on the introduction, non-use, revision or abolition of the preliminary / special anti-dumping tariff may be appealed in the Tbilisi

City Court in accordance with the rules established by the legislation of Georgia;

Law establishes the obligation of the Government of Georgia to notify World Trade Organization in following instances: commencement of inspection, introducing preliminary or special anti-dumping measures and once in every two years a  review of anti-dumping measures implemented during previous 6 months;

Law becomes effective January 1, 2021.

Source and date of publication: Legislative Herald of Georgia, 13.07.2020.

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