Trade remedy proceedings are instruments of international trade law used to protect domestic industry from unfair imports. Georgia has a "Law on Anti-Dumping Measures in Trade," which provides for anti-dumping, countervailing, and safeguard measures. If imported goods are sold at a dumped price (below cost or below the price in the exporting country) and this damages local production, a special tariff can be imposed. Also, if import volume increases sharply and threatens the local market, safeguard measures can be used. Legal services in this area involve protecting the interests of local manufacturers (preparing complaints) or defending importers against imposed sanctions.
What Does Trade Remedy Service Cover?
Our lawyers offer full support in trade disputes:
- Anti-Dumping Investigation: Preparing an application to the National Competition Agency to initiate an investigation into dumped imports.
- Injury Analysis: Economic and legal justification that imports are causing material injury to the domestic industry.
- Importer Defense: Protecting the interests of foreign exporters or local importers during the anti-dumping investigation (filling questionnaires, argumentation).
- Countervailing Measures: Disputes against subsidized imports (when a foreign government subsidizes exports).
- Safeguard Measures: Representation in the process of imposing temporary tariffs or quotas against sudden import surges.
- Appellate Procedures: Appealing decisions of the Competition Agency or the Government in court.
Common Scenarios and Needs
Local cement or metallurgical plants often suffer from the influx of cheap, dumped products from neighboring countries. They need a qualified lawyer to initiate an investigation and achieve the imposition of an anti-dumping tariff. On the other hand, importers need defense to prove that their price is real and based on efficient production, not dumping.
Georgian Legislation and Regulations
The main act is the "Law on Introduction of Anti-Dumping Measures in Trade." The process is conducted by the Georgian Competition and Consumer Agency, and the final decision is made by the Government. Regulations are based on WTO agreements.
The Process: How a Specialist Works
The lawyer collects market data and prices. An extensive complaint is prepared, justifying dumping, injury, and causal link. During the investigation stage, the lawyer participates in hearings and answers the Agency's questions. This process often lasts up to 12 months.
Why Legal.ge?
Trade remedy proceedings are complex legal and economic processes. Legal.ge gives you access to international trade law experts. Specialists on our platform will help you protect your business from unfair competition or unsubstantiated accusations. Manage trade risks with Legal.ge.
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