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

Dominican Republic

Sweet and savoury biscuits of all kinds, industrially or mass produced,
and made primarily from wheat

The following communication, dated 19 September 2025 and received on 25 September 2025, is being circulated at the request of the delegation of the Dominican Republic.

 

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Pursuant to Article 12.1(a) of the WTO Agreement on Safeguards, the Dominican Republic hereby notifies the initiation of the following safeguard investigation in accordance with the Agreement on Safeguards and Law No. 1-02 on Unfair Trade Practices and Safeguard Measures and its Implementing Regulations.[1]

 

1._     Date when the investigation was initiated

 

The Regulatory Commission for Unfair Trade Practices and Safeguard Measures decided to initiate the investigation through Resolution No. CDC-RD-SG-002-2025 of 19 September 2025, which was published in the national newspaper El Caribe on the same date.

 

Information concerning the ongoing investigation, including the aforementioned initiating Resolution, can be found on the website of the Regulatory Commission for Unfair Trade Practices and Safeguard Measures (cdc.gob.do) in the section on safeguard investigations.

 

2._     Product involved

 

Sweet and savoury biscuits of all kinds, industrially or mass produced, made primarily from wheat and its derivatives (wheat, wheat flour, with or without gluten) and containing ingredients that are rich in fibre or fibre-based, excluding artisanal biscuits, biscuits for babies, biscuits made from cereals other than wheat and its derivatives, and energy or nutrition bars, the main ingredient of which is not roasted wheat flour or fibre, classified under tariff subheadings 1905.31.90, 1905.32.00, 1905.90.10 and 1905.90.90 of the Seventh Amendment to the Customs Tariff of the Dominican Republic.

 

3._     Reasons for the initiation of the investigation

 

The investigation was initiated at the request of the domestic industry (DI). Between 2022 and 2024, according to information provided by the DI, imports of the product under investigation rose by 78.9%, and their market share increased from 49% to 63%. This trend displaced domestic production, the growth of which fell from 9.3% (2022-2023) to a near stagnant level of 0.6% (2023-2024), and which contracted by 4% in 2025. An aggressive pricing strategy was applied for the imports under investigation.

As a result of the increase in imports at low prices, the DI performed poorly in terms of the following economic indicators: inventories, EBIT[2], net profit, sales margins, ROI[3] and cash flow.

 

A number of events and circumstances led to a sudden and substantial increase in imports of the product under investigation, including the conflict between Russia and Ukraine, which affected the global market for wheat, the main ingredient of the biscuits, with both countries reducing export prices owing to logistical constraints, port closures, and the need to seek alternative markets.

 

4._     Point of contact and correspondence for the purposes of the investigation

 

Comisión Reguladora de Prácticas Desleales en el Comercio y sobre Medidas de Salvaguardias (CDC)

Calle Manuel de Jesús Troncoso, núm. 18, Ensanche Paraíso

Santo Domingo, Distrito Nacional, Dominican Republic

Tel.: 809-476-0111, Ext. 248

Email: info@cdc.gob.do

Website: cdc.gob.do

 

5._     Deadlines and procedures for parties to present evidence and views

 

Pursuant to Article 65 of Law No. 1-02 and Article 43 of the Implementing Regulations for Law No. 1-02, interested parties shall have a period of 30 working days to complete and submit to the CDC the forms established for this purpose, as well as the evidence and arguments they consider relevant. This period ends on Monday, 3 November 2025, at 3 p.m.

 

In the case of foreign exporters and producers, pursuant to Article 40(I) of the Implementing Regulations for Law No. 1-02, the notification shall be deemed to have been received one week from the date on which it was sent. The period for interested parties abroad shall therefore end on 10 November 2025, at 3 p.m.

 

Pursuant to Article 34(II) of the Implementing Regulations for Law No. 1-02, any other interested party that has not been notified directly by the CDC, shall have a period of 15 working days from the publication of the Resolution to indicate in writing its interest in participating in the investigation procedure; this period ends on 13 October 2025 at 3 p.m.

 

Pursuant to Articles 228 and 229 of the Implementing Regulations for Law No. 1-02, interested parties may file an appeal for reconsideration with the CDC against Resolution No. CDC-RD-SG-002-2025, within 30 working days from the date of notification or publication of the aforementioned Resolution.

 

Neither a date nor a place has yet been decided for the public hearing. This information shall be made known to the interested parties through communications and the website of the Regulatory Commission for Unfair Trade Practices and Safeguard Measures.

 

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[1] The Dominican Republic has submitted a number of documents relating to the investigation. To consult these documents, please contact Ms Anne Richards (anne.richards@wto.org).

[2] Earnings before Interest and Taxes.

[3] Return on Investment.