Article 34 of the Saudi Trade Remedies Law

المادة 34 من نظام المعالجات التجارية في التجارة الدولية · الفصل الثاني عشر: أحكام ختامية

The article provides that investigation or review procedures do not prevent customs clearance of the product under investigation, and that duties owed are refunded or waived only as the Law and Regulations provide.

Official text (Arabic)

This article has not been amended since the law was issued.

1- لا تحول إجراءات التحقيق أو المراجعة المنصوص عليها في النظام واللائحة دون الفسح الجمركي عن واردات الـمُنتَج الخاضع للتحقيق أو المراجعة.

2- لا تسترد تدابير أي من المنتجات المستوردة المستحقة عليها التدابير، ولا يعفى منها ولا جزء منها؛ إلا بناءً على نصوص النظام واللائحة.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 34 explained in plain English

This article contains two provisions that matter directly to importers:

Paragraph 1 – Customs clearance: investigation or review procedures provided for in the Law and the Regulations do not prevent customs clearance of imports of the product under investigation or review. The mere opening of an investigation on a product does not mean shipments are held or barred from entry.

Paragraph 2 – No refund or waiver: measures owed on any imported product are not refunded, and are not waived in whole or in part, except under the provisions of the Law and the Regulations. There is no room for a waiver or refund outside what those provisions state.

Under Article 1, the product under investigation is the product imported into the Kingdom that is the subject of the investigation or review, and it does not include services.

Note that the first paragraph speaks of "investigation or review procedures" and does not itself address the treatment of measures actually imposed on shipments.

This article follows Article 33, which governs the Kingdom's representation in international dispute settlement and the implementation of final rulings by modifying, suspending or ending measures. It is followed by Article 35, which provides that the anti-dumping, subsidies and countervailing measures, and safeguards agreements, and other World Trade Organization provisions apply where the Law and the Regulations contain no provision. Anyone seeking a refund of duties or a waiver needs a basis in the Law or the Regulations, and may consult a lawyer specializing in commercial cases.

Practical example

The Authority opened an anti-dumping investigation into imports of a type of tile, and a merchant in Riyadh had a shipment of it at the port. The investigation alone does not prevent the shipment from being cleared through customs. If measures are later owed on it, they are not waived or refunded except under the provisions of the Law and the Regulations.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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