GCC Anti-Dumping Enforcement: A Look at Recent Decisions and Ongoing Investigations
Transport & Insurance Focus
Dumping, the practice of exporting goods at prices lower than their normal value in the ordinary course of trade for the like product in the exporting country, threatens the stability of domestic industries in the Gulf Cooperation Council (GCC).
Law Update: Issue 376 – Transport & Insurance
Sakher AlaqailehSenior Counsel,Transport & Insurance
Bassam Al-AzzehSenior Associate,Transport & Insurance
Ameen KimAssociate,Transport & Insurance
Dumping, the practice of exporting goods at prices lower than their normal value in the ordinary course of trade for the like product in the exporting country, threatens the stability of domestic industries in the Gulf Cooperation Council (GCC) states. While consumers may benefit from lower prices in the short term, local manufacturers struggle to compete, leading to business closures, job losses, and reduced industrial growth. Over time, this creates an unhealthy reliance on foreign suppliers, exposing GCC economies to supply chain vulnerabilities and external price manipulations. To address this, GCC governments impose anti-dumping duties in line with World Trade Organization (WTO) regulations to ensure fair competition and protect key industries.
The GCC Common Law on Anti-Dumping of 2011, officially known as the Unified Law for Anti-Dumping, Countervailing Measures, and Safeguards (“GCC Anti-Dumping Law”), was established to provide a legal framework for investigating and countering unfair trade practices. While the law is applied at the GCC level, enforcement remains a national responsibility for each member state, with each country issuing procedures for filing complaints, conducting investigations, and enforcing penalties on violators, in accordance with local economic priorities.
Each GCC country follows a structured process for handling anti-dumping cases in line with the GCC Anti-Dumping Law, though specific procedures vary slightly across jurisdictions. Typically, complaints can be filed by affected national industries either with the relevant trade ministry in each GCC country or with the GCC Bureau of Technical Secretariat for Combating Harmful Practices in International Trade (“GCC Bureau”), which is headquartered in in Riyadh, to initiate an investigation into harmful trade practices. The GCC Bureau is a regulatory and administrative body operating under the GCC Customs Union, responsible for coordinating customs policies, ensuring compliance with unified regulations, and supporting member states in trade-related matters. The GCC Secretariat General (“GCC SG”) is the executive body of the Gulf Cooperation Council responsible for coordinating, implementing, and overseeing the execution of decisions made by the GCC's Supreme and Ministerial Councils across political, economic, and security matters.
Each GCC country is entitled to enforce the decisions issued by the GCC Bureau, as these decisions are made under the framework of the GCC Anti-Dumping Law, which has been adopted by all member states. In line with their commitment to the GCC’s unified trade policies, member states are obligated to implement and enforce these decisions through their respective national authorities.
A specialized technical committee oversees the investigation, ensuring compliance with legal and regulatory requirements. Investigations may take up to a year or more. If dumping is confirmed, authorities may impose anti-dumping duties, temporary safeguards, or preventive measures to protect domestic industries. Legal appeals against anti-dumping decisions are also permitted, typically reviewed by national courts within a set timeframe.
The GCC SG in 2017 concluded an investigation that automotive batteries of capacity from 35 to 115 ambers originated in or exported from South Korea were being imported to the GCC at unfairly low prices, harming domestic industries. As a result, anti-dumping duties ranging from 12% to 25% were imposed on all imports of automotive batteries from South Korea under GCC common tariff code (HS Code) of 85071000 and the duties ranging from 12% to 25%. These measures were extended on 11 April 2023 with an expiration date of 22 April 2028.
The GCC SG concluded an investigation on 20 August 2024 on electrical connectors switches sockets and plugs for a voltage not exceeding 1000 exported by China, confirming that these products were being imported at below-market prices. In response, the Dubai Customs and the Saudi General Authority of Foreign Trade (GAFT) issued decisions to impose anti-dumping duties on such items imported from China. As a result, definitive anti-dumping duties ranging from 11.3% to 42% were imposed on imports under eight specific GCC common tariff codes. The measures are set to be in place until 25 September 2029.
Each GCC country is entitled to enforce the decisions issued by the GCC Bureau, as these decisions are made under the framework of the GCC Anti-Dumping Law, which has been adopted by all member states.
GCC authorities continue to actively investigate potential anti-dumping violations across various industries to prevent unfair trade practices that could harm domestic manufacturers. The Official Gazettes of the GCC-Bureau publishes information on open anti-dumping investigations in accordance with the relevant HS codes. A few investigations include the following:
Investigation initiated on 13 August 2023 for Non-wired float glass and surface ground or polished glass, in sheets, whether or not having an absorbent, reflecting or non-reflecting layer, but not otherwise worked exported from China and India with HS Codes 70051000, 70052100, and 70052900.
Investigation initiated on 14 August 2024 for Electric accumulators, including separators, therefore whether or not rectangle (including Square) lead acid of kind used for starting piston engines exported from China and Malaysia with HS Code 85071000.
Businesses affected by anti-dumping decisions at the GCC level have the right to appeal before the ministerial committee of the GCC Council within 30 days from the decision’s publication date. If the appeal is rejected, they may escalate the matter to the competent court in the relevant GCC country within 30 days of the rejection, in accordance with Article (11) of the GCC Anti-Dumping Law of 2011. To mitigate the impact of such decisions, affected businesses often implement strategic business plans with their lawyers.
The GCC's anti-dumping measures are designed to protect domestic industries in the GCC market from unfair trade practices that could undermine economic stability. While the GCC Anti-Dumping Law provides a unified framework, enforcement remains the responsibility of individual member states through investigations and targeted duties. Recent actions against South Korea and China, along with ongoing investigations, highlight the region's commitment to fair competition and long-term industrial growth. GCC importers and manufacturers are recommended to closely monitor the potential introduction of additional trade measures by GCC member states to ensure effective supply chain planning and avoid unexpected costs. It is equally important for importers in other GCC countries to stay updated on regulatory changes in their jurisdictions, as these measures may differ across the region. Given the evolving nature of trade regulations, it is important to remain vigilant in managing potential impacts on the cost and movement of goods within the region. Consulting with experienced legal advisors can provide businesses with strategic insights and tailored solutions to navigate these complexities effectively, ensuring compliance and optimizing business operations.
Given the complexities of anti-dumping regulations and trade compliance, our firm’s experienced customs and international trade lawyers are well-equipped to provide strategic guidance and legal support to businesses navigating these evolving trade restrictions in the GCC and MENA region. In addition, we have rights of audience before the courts across in Bahrain, Egypt, Iraq, Jordan, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, and UAE, as well as local insights have enabled us to represent clients in complex local and multi-jurisdictional claims, defences, and commercial transactions. For further information on this sector or for any inquiries for assistance, please contact our team (https://www.tamimi.com/client-services/sectors/transport-logistics/).
For further information,please contact Sakher Alaqaileh, Bassam Alazzeh and Ameen Kim.
Published in April 2025
