Iraqi Products Protection Act of 2010

Iraqi products Protection Act

09/11/2011 - 8.59
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  Issued by the Presidency Council, Thursday, 11-2-2010, Iraqi products Protection Law No. (11) for the year 2010, the following is the text of the law :
"On behalf of the people
The Presidency Council

Based on what passed the House of Representatives in accordance with the provisions of sub-section (I) of Article (61 ) And to move the legal limit set forth in paragraph (a) of item (v) of Article 138 of the Constitution .
Issued the following law :
Law
No. (11) for the year 2010
Iraqi products Protection Act
(Chapter I )
Definitions
Article - 1 - means the following terms for the purposes of this Act shall have the meanings set out against which :
First - Products: Total industrial and agricultural goods (other than agricultural crops ), Which produces from the industrial sector in Iraq .
Secondly - like product: local product similar in all aspects of the product imported into Iraq, which is similar to a large extent in the specifications or uses .
Thirdly - Local producers: Total domestic producers of similar domestic product of the product in the public sector or the private or mixed, or who collectively produce a significant portion of it .
IV - dumping: the supply of similar goods to the local market at less than its normal value in the market of the country supplier .
V. - harmful practices : Import a similar product of the domestic product at subsidized prices or lead to flood the market or unexplained increase in imports .
VI - physical damage: dumping or subsidies or hinder the establishment of a domestic industry .
VII - serious damage: damage or potential occurrence on local producers, which leads to weaken or disrupt the industry in a full and comprehensive result of increased imports unexplained .
VIII - Support: benefit or financial contribution provided by the exporting country or any form of income support or support prices, which lead to the benefit of local authorities or individuals who produce products or transported, sold or exported .
IX - Unexplained increase in imports: import products to Iraq in increasing amounts is dumped or not supported whether this increase in absolute terms compared to the previous years or relative to domestic production and which result in serious damage to products .
X. - Investigations: technical checks carried out by the Department of industrial development and regulation of the Ministry of Industry and Minerals for the investigation and search for the health of documents and information provided by local producers, exporters and importers in accordance with the provisions of this Act .
XI - the normal value : The price of the product resource to Iraq when it is placed for consumption in the exporting country in the ordinary course of trade .
XII - The margin of dumping : The difference between the normal value of the imported product and the export price .
(Chapter II )
Objectives and means
Article - 2 - This law aims to achieve the following :
First - the protection of Iraqi products from the implications of harmful practices in international trade with Iraq and address the damage caused by .
Second - To provide an environment for the construction of a national industry able to compete in local and international markets .
Article 3 - This law seeks to achieve the following objectives with the means :
First - coordination between the ministries and the relevant authorities and their counterparts in other countries and international organizations in the consultation and would collect the necessary information and investigate them and make notifications and take Almqtadhah action to implement the provisions of this Act
Second - Raise the recommendations proposed to address the damage caused by harmful practices for local producers to the Council of Ministers .
Thirdly - A - awareness on cases of dumping and subsidies and unjustified increase in imports and ways of prevention .
B - advising and training local producers regarding the legal rights and obligations and actions to be taken in the case of the supply of products to the Republic of Iraq and to export their products abroad .

(Chapter III )
Begin investigations
Article - 4 - first - offers a local product or his representative a written request to the Minister of Industry and Minerals in would take measures to address harmful practices that includes a demand for information and documents that support the existence of such practices and the type of damage caused .
Second - if harmful practices related to agro-industrial product offers to seek protection from local producers him or the Ministry of Agriculture in accordance with the provisions of the first item .
Thirdly - reduced to consider the measures contained in Section IV of this article to two-thirds of the time period in the agricultural seasons .
IV - The Department of industrial organization and development in the Ministry of Industry and Minerals examine the application to make sure it meets the conditions laid down in this Act and submits recommendations to the Minister within thirty (30) days .
V. - the Minister shall issue a decision to accept or reject the request within (15) fifteen days from the date of registration of the application in his office .
VI - in the case of application acceptance Minister shall issue a decision to initiate investigations. In the case of rejection of the application Vldhua interest to challenge the rejection decision within 30 days from the date of informing them and in accordance with the law .
VII - Circle announces the start investigations immediately after the Minister's decision made .
Article 5 - The Department approval of the Minister conduct investigations without submission of the application provided for in Article (4) of this Act if her show sufficient evidence on the existence of harmful practices and the resulting damage .
Article - 6 - first - shall ensure the correctness and accuracy of the information provided to prove harmful practices and the type of damage and its request any information related to investigations of the parties concerned and the parties involved therein .
Secondly - the minister to ask any related party, whether public or private provide him with any information relating to the subject of the investigation and that party must submission .
Article 7 - First: The department conducts preliminary investigations regarding harmful practices and the resulting damage and determined to end a period of time called for investigations where information is collected and validated and analyzed in accordance with instructions issued by the Minister .

Secondly - Circuit provide an opportunity for interested parties to investigations and participating parties to provide any documents or information and listen to their words and their discussion on the circle inform interested parties of any information or documents related to the investigation if the non-confidential .
Third - If you decide to conduct investigations For the circle completed as follows :
A - within a period not exceeding (6) six months from the date of announcement of the start of the investigation if they are related to the increased imports may be substantiated decision of the minister extended that does not exceed the entire period (8) eight months .
B - within a period not exceeding one year from the date of announcement of the start of the investigation if they are related or support dumping The Minister extended a reasoned decision that does not exceed Full Length (18) eighteen months .
IV - the study does not exclude request to take measures with regard to a similar product or a particular investigation would, clearance procedures Alkmarki of it .
Article - 8 - to the Minister on the recommendation of the circle to take a decision to stop the investigation or terminated in the cases of dumping and support at any time without the imposition of anti-dumping measures or countervailing measures on a pledge to submit the source of the imported product undertakes a review of prices or stop the export to Iraq at إغراقية or subsidized or if the state provided donor support pledged to rescind it and the Minister may decide to complete investigations despite the acceptance of the undertaking .
Article 9 - first - take the Minister upon the recommendation of the department decision to end the investigation without taking measures in one of the following cases :
A - If the evidence presented to the presence of harmful practices or the type of damage caused by inadequate .
B - If the request was withdrawn for justifiable reasons and did not contradict this procedure with the requirements of the public interest .
C - If the recommendation of the department confirms the absence of harmful practices or they exist and did not result in damage
Second - take the minister at the end of investigations and in accordance with the provisions of item (I ) Of this Article, the following decisions :
A - Finish urgent measures provided insurance or guarantees stipulated in Article 12 of this Law, provided by issuers for the same product in the case of dumping and donor countries for support in the case of support .
B - Cancel the undertakings which have been accepted in accordance with the provisions of Article (8) of the Act .


(Chapter IV )
Actions to be taken after the completion of investigations
Article - 10 - raise the circuit after the completion of the investigation a recommendation to the Minister based on objective evidence to accompany a comprehensive report stating the results that have been reached regarding the harmful practices and the damage .
Article -11 - First - If the recommendation stipulated in Article (10) of this law confirms the existence of harmful practices, the Minister shall issue a final decision by imposing measures to confront that includes the resolution and size of the type of measures and their application .
Secondly - the minister raises its decision within ten (10) days from the date of issue to the Council of Ministers for a decision during the thirty (30) days from the date of registration in the General Secretariat of the Council of Ministers and its decision shall be final .
(Chapter V )
Urgent action
Article - 12 - first - Minister shall issue upon the recommendation of the circle decision to take urgent action in the cases of dumping and subsidies against the imported product under investigation if the department finds the decision of the initial presence of harmful practices as follows :
A - producers required deposit insurance or guarantees are guaranteed by the dumping margin set forth in item (First) of Article (18) of the Act .
- Deposit donor governments to support the insurance or guarantor guarantees equivalent to the support provided for in item (ii) of Article (18) of the Act .
Second - A - If a final decision to take are ending the emergency measures and levied countervailing duties and customs imposed is settled Insurance and guarantees provided canceled .
B - If the decision was made ​​not to take definitive measures be canceled and returned guarantees provided insurance .
Article -13 - the Council of Ministers stop the application of the emergency measures if it is found that this application has had negative consequences on other local producers or consumers or the public interest .
Article - 14 - of the Council of Ministers upon the recommendation of the Minister of Industry and Minerals to take what he deems necessary preventive measures to address harmful practices as a result of the increase in imports is justified as follows :
First - Quotas that may be imported quantity of the imported product .
Secondly - impose tariffs كمركية on the imported product or increase the customs tariff applied to it or cancel the applied tariff or reduced on imported material intervention in the production of the like product .
III - define forms of these measures and its accordance with instructions issued by the Minister .
IV - any measures that help local producers to adapt to the imported products, provided they do not conflict with the public interest and the Republic of Iraq's obligations under the relevant international conventions .
Article -15 - First - take into account in making final measures to be enough to avoid damage or remove it and to enable local producers to adapt their imported products and ensure the protection of the interests of the Republic of Iraq .
Secondly - may not exceed the amount of the imposition of customs duties for anti-dumping or countervailing duty dumping margin goal may be to determine the amounts less if it was enough to remove the injury to be refunded any fee كمركي or compensatory been collected if it exceeds the margin of dumping or the amount of actual support .
Third - may not be subject to the same imported product itself to anti-dumping measures and countervailing measures in cases which constitute dumping and support at the same time .
Article -16 - preventive measures applied to imports of products without regard to its source and apply anti-dumping measures and countervailing measures on imported products within the domestic consumption of sources that have proven that they are dumping or receiving support .
Article -17 - If you refused to take the measures, it is not permissible for the applicant to submit another request based on the same facts and the reasons contained in the first request before the lapse (180) one hundred and eighty days from the date of the decision of the Minister or the Council of Ministers rejected as appropriate .
(Aav chapter, )
Measures
Article -18 - take the minister to address harmful practices, the following measures :
First - the anti-dumping measures: The required fee كمركي of equivalent to the dumping margin and not more than him if the export price of the imported product to Iraq less than its normal value .
Second - Countervailing Measures: The select countervailing duties equivalent to the support given to the imported product to the Republic of Iraq if this support is capable of processing in accordance with the provisions of this law .
Thirdly - preventive measures: These are actions that are imposed after the conclusion of the investigation to face unjustified increase in imports, whether this increase in absolute terms compared to the previous years or relative to domestic production and define these procedures with instructions issued by the Minister .
(Chapter VII )
General and Final Provisions

Article - 19 - First - stuck to the department for the purposes of this Act the following records :

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