Article 8 of the Saudi Trade Remedies Law

This article sets out three safeguards that protect importers and exporters from excessive measures:

1) Ceiling on measures: final anti-dumping and countervailing measures may not exceed the dumping margin or the finally determined amount of the subsidy. Under Article 1, the dumping margin is the difference between the normal value and the export price during the investigation period, and the amount of the subsidy is the value of the benefit received by the recipient of the specific subsidy during the investigation period.

2) Refund of the difference: an importer may recover the difference in anti-dumping duties paid if it is shown, from the importer's and exporter's data and on the basis of a duty refund review under the Implementing Regulations, that what it actually paid was greater than the dumping margin determined for the products it imported during the review period. Article 1 defines this review as starting at the request of the importer or its representative.

3) No double remedies: anti-dumping measures and countervailing measures may not both be imposed on the same product from the same exporter to remedy the same situation of dumping and export-related subsidy twice over.

This article comes after Article 7, which sets the durations of final measures, and is followed by Article 9, which regulates provisional measures and sets a similar rule that provisional measures may not exceed the dumping margin or the amount of the subsidy determined by the preliminary findings. Anyone who believes they paid duties exceeding the actual dumping margin may consult a lawyer specialized in international matters and foreign investment.