Dominican Republic Initiates Sweet and Savoury Biscuits Safeguards Investigation

Dominican Republic has launched a safeguards investigation into sweet and savoury biscuits and wheat imports, citing market concerns and domestic production pressures.

Compliance Analysis: Safeguards Investigation into Sweet and Savoury Biscuits and Wheat Imports in the Dominican Republic

The Dominican Republic has initiated a general safeguard investigation into imports of sweet and savoury biscuits (classified under specific tariff subheadings) and related wheat-based products, pursuant to Law No. 1-02 on Unfair Trade Practices and Safeguard Measures and its implementing regulations. The investigation is conducted by the Regulatory Commission for Unfair Trade Practices and Safeguard Measures (CDC) and follows a structured procedural timeline, with potential provisional and final safeguard measures contingent on findings of serious injury or threat to domestic industry.

1. Legal Framework and Authority

The investigation is governed by:

• Law No. 1-02 on Unfair Trade Practices and Safeguard Measures (18 January 2002)^{1, 2}, which establishes the legal basis for safeguard measures, including provisional and definitive duties, to prevent or remedy injury to domestic industries caused by increased imports.
• Implementing Regulations of Law No. 1-02 (10 November 2015)¹, which detail procedural requirements, including timelines, evidence submission, and consultations.
• WTO Agreement on Safeguards¹, ratified by the Dominican Republic, which sets international standards for safeguard measures, including notification and consultation obligations.

The CDC is the competent authority responsible for initiating, investigating, and imposing safeguard measures^{1, 2}.

2. Scope of the Investigation

Products Under Investigation

The investigation covers sweet and savoury biscuits of all kinds, industrially or mass-produced, made primarily from:

• Wheat or wheat derivatives (e.g., wheat flour, with or without gluten),
• Ingredients rich in fibre or fibre-based,
• Excluding:
  • Artisanal biscuits,
  • Biscuits for babies,
  • Biscuits made from cereals other than wheat,
  • Energy or nutrition bars where the main ingredient is not roasted wheat flour or fibre^{1, 2}.

Tariff Subheadings (Seventh Amendment to the Customs Tariff of the Dominican Republic, 8 August 2025):

• 1905.31.90,
• 1905.32.00,
• 1905.90.10,
• 1905.90.90^{1, 2}.

Countries Excluded from the Investigation

The investigation does not apply to imports from countries with which the Dominican Republic has a free trade agreement (FTA)^{1, 2}. Imports from non-FTA countries are subject to potential safeguard measures.

3. Procedural Timeline and Key Deadlines

The investigation follows a structured schedule, as outlined in Resolution No. CDC-RD-SG-003-2025 and amended by Resolution No. CDC-RD-SG-004-2025^{1, 2}. Below is a summary of critical milestones:

4. Grounds for Safeguard Measures

Safeguard measures may be imposed if the CDC determines that:

1. Increased imports of the product under investigation are occurring, either in absolute terms or relative to domestic production^{1, 2}.
2. Serious injury or threat of serious injury to the domestic industry producing like or directly competitive products¹. "Serious injury" is defined as a significant overall impairment in the position of a domestic industry¹.
3. Causal link between increased imports and the injury or threat to the domestic industry^{1, 2}.

Provisional Measures

• Critical circumstances: If the CDC finds that delay in applying a safeguard measure would cause damage that would be difficult to repair, it may impose provisional measures (e.g., tariffs or quotas)¹.
• Duration: Provisional measures may not exceed 200 days¹.
• Evidence requirement: The CDC must demonstrate that increased imports are causing or threatening to cause serious injury¹.

Definitive Measures

• Duration: Definitive safeguard measures may be applied for up to 4 years, extendable to 8 years if the CDC determines that the measure continues to be necessary and that the domestic industry is adjusting¹.
• Form of measures: May include tariffs, quotas, or tariff-rate quotas^{1, 2}.

5. Rights of Interested Parties

Interested parties (e.g., importers, exporters, domestic producers, and WTO Members) have the following rights during the investigation:

1. Right to submit evidence: Parties may submit information, data, and arguments to support their positions^{1, 2}.
2. Right to defence: Parties may present evidence and participate in the administrative process, as guaranteed by Articles 69 and 138 of the Dominican Constitution and Law No. 107-13 on Administrative Procedure¹.
3. Right to consultations: WTO Members with substantial export interest must be consulted before provisional or final measures are imposed².
4. Right to transparency: The CDC must notify interested parties of key procedural steps and publish resolutions on its website^{1, 2}.

6. Key Resolutions and Documents

7. Summary Answer

The Dominican Republic has initiated a safeguard investigation into imports of sweet and savoury biscuits (classified under tariff subheadings 1905.31.90, 1905.32.00, 1905.90.10, and 1905.90.90) and related wheat-based products, pursuant to Law No. 1-02 and its implementing regulations^{1, 2}. The investigation is conducted by the Regulatory Commission for Unfair Trade Practices and Safeguard Measures (CDC) and excludes imports from countries with which the Dominican Republic has a free trade agreement^{1, 2}.

Key procedural steps include:

• A preliminary technical report (originally due by 16 December 2025, extended by Resolution No. CDC-RD-SG-004-2025) to assess critical circumstances and potential provisional measures¹.
• A final determination expected by June 2026, which may impose definitive safeguard measures (e.g., tariffs or quotas) if serious injury or threat to the domestic industry is established².
• Consultations with WTO Members having substantial export interest, as required by Article 12.3 of the WTO Agreement on Safeguards².

Interested parties have the right to submit evidence and participate in the process, with deadlines extended to 25 business days from notification of Resolution No. CDC-RD-SG-004-2025¹. The investigation follows a structured timeline, with provisional measures possible if critical circumstances are demonstrated^{1, 2}.

Sources

1. ↩ Committee on Safeguards – Notification under article 12.1(a) of the Agreement on Safeguards on initiation of an investigation and the reasons for it – Dominican Republic – Sweet and savoury biscuits of all kinds, industrially or mass produced, and made primarily from wheat – Supplement — SS / directdoc https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SG/N6DOM6S2.pdf&Open=True
2. ↩ Committee on Safeguards – Notification under article 12.1(a) of the Agreement on Safeguards on initiation of an investigation and the reasons for it – Dominican Republic – Sweet and savoury biscuits of all kinds, industrially or mass produced, and made primarily from wheat – Supplement — SS / directdoc https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SG/N6DOM6S1.pdf&Open=True