Public lighting: New developments in the anti-dumping investigation
Several companies have come forward to disapprove of the anti-dumping investigation into LED lighting fixtures. More precisely, those used in public lighting and originating in China. And with good reason: on September 2, 2024, the Ministry of Foreign Trade launched its investigations into this product, which is highly prized by local authorities such as communes – and therefore in public procurement contracts – and real estate developers, particularly private developers.
The Government had dispatched its investigators on the basis of a complaint from Lux Lighting (see L’Economiste issue # 6839 of September 4 and n°6842 of September 9, 2024). Lux Lighting is one of two national operators, alongside Afrique Light, based in Casablanca’s Moulay Rachid industrial zone. The complainant alleges dumping by selling LED luminaires on the local market at prices below those charged in the exporting country.
Hence the call for all interested parties to come forward: Chinese exporters/producers, importers, even installers of lighting fixtures… importers, for example, had until October 8 to express their views on the legitimacy of the complaint and whether or not to open the anti-dumping investigation. Prior to this, meetings were held under the aegis of the National Federation of Electricity, Electronics, and Renewable Energies (Fédération nationale de l’électricité, de l’électronique et des énergies renouvelables, Fenelec). This trade association includes virtually all stakeholders as members. From the plaintiff, Lux Lighting, to its challengers, including Alliance CEI. Its top management, Karim Khalil, is in charge of the commission working on this case, according to the Fenelec presidency and the party concerned.
In addition, “six companies submitted to the Ministry a technical and legal report containing detailed comments on the anti-dumping petition. Of these six companies, three have been selected for the examination sample of the investigation”, announced the federation in its October 2024 newsletter. Among other things, the sample will be used to determine whether there has been any damage to the interests of what is legally known as the domestic industry. Quite a program! With the surprising recourse to “a specialist in trade defense”, according to Fenelec.
The federation does not specify either its identity or that of the three operators selected in the sample. Luminova based in Temara, Sofa and General Technics in Casablanca. The “specialist” is Mustapha Khalfi, a member of the PJD party and former Minister of Communication under the Benkirane government, according to his sponsors.
He is the author of the “technical and legal report” contesting the dumping allegations. Their comments and observations are based on the 1994 GATT Agreement, the WTO Anti-dumping Agreement, the Trade Defense Act, and WTO case law on international trade law.
Faiçal FAQUIHI
