Trade regulation and competition

THE ANTI­DUMPING DUTIES ORDINANCE, 2000   The Anti-Dumping Duties Ordinance of 2000 is a significant piece of legislation in Pakistan that addresses the issue of anti-dumping measures in international trade. Anti-dumping measures are imposed to counteract unfair trade practices, specifically when imported goods are sold at prices lower than their normal value, causing injury to domestic industries. This ordinance provides the legal framework for the imposition and collection of anti-dumping duties in Pakistan, aiming to protect domestic industries and ensure fair competition in the global marketplace. PREAMBLE. . 1 Short title, extent and commencement 2 Definition 3 Levy of anti dumping duty 4 Identification of dumping 5 Normal value based on prices in exporting country 6 Normal value based on export price to a third country or on constructed value 7 Circumstances in which certain sales may be disregarded in determining normal value 8 Calculation of costs for the purposes or sections 6 and 7 9 Exports from a country in which the government exercises sufficient control over economic decisions so that the domestic market does not operate freely 10 Export price 11 Comparison 12 Comparison 13 Currency conversion 14 Individual dumping margin 15 Determination of injury 16 Cumulation 17 Examination of impact of dumped import on domestic industry 18 Ausation 19 Threat of mater injury 20 Requirement of a written application 21 Notice to government of exporting country 22 Withdrawal of application before initiation 23 Initiation of an investigation 24 Application by or on behalf of domestic industry 25 Self­initiation 26 Imposition of anti­dumping measures on behalf of a third country 1 27 Notice of decision to initiate investigation 28 Provision of copy of an application 29 Duration of investigation 30 Customs clearance 31 Confidentiality 32 Reliance on best information available 33 Information to parties 34 Proposed schedule for investigations 35 Acquisition of information by the commission 36 Assessment to be on the basis of data relating to defined periods 37 Preliminary determination 38 In an investigation, 39 Written arguments 40 Withdrawal of an application 41 Termination for insufficient evidence, negli gible dumping margin or negligible volume 42 Notice of conclusion of an investigation without imposition of measures 43 Imposition or provisional measures 44 Term of provisional measures 45 Duration application of provisional measures 46 Acceptance of price undertaking 47 Conditions for acceptance of price undertaking 48 Completion of an investigation 49 Violation of price undertaking 50 Imposition and collection of anti­dumping duty 51 Imposition of collection of anti­dumping duties 52 Refund of anti­dumping duties paid in excess of dumping margin 53 Anti­dumping duties and fees to be held in a non­lapseable personal ledger account 54 Retroactive application of definitive anti dumping duties in certain circumstances 55 Imposition of definitive anti­dumping duties retroactively 56 Circumstances in which provisional measures and anti­dumping duties shall apply 57 Duration of anti­dumping duty 58 Review of anti­dumping duty 59 Review for change of circumstances 60 Newcomer review 61 Duration and review or price undertaking 62 Evidence and procedure 63 Anti circumvention measures 64 Appeal to the appellate tribunal 65 Powers of the appellate tribunal 66 Power of the appellate tribunal to call for and examine record 67 Power to make rules 2 68 Public servants 69 Failure to disclose correct information 70 Cognizance of offence 71 An employer shall not 72 Appointment or advisers and consultants 73 Indemnity 74 Removal of difficulties 75 Ordinance override other laws 76 Repeal 77 Saving THE SCHEDULE. . 3 THE ANTI DUMPING DUTIES ORDINANCE, 2000 ORDINANCE NO. LXV of 2000 [22nd December, 2000] An Ordinance to amend and consolidate the Law relating to imposition of anti dumping duties to offset such dumping WHEREAS it is expedient to give effect in Pakistan to the provisions of Article VI of the General Agreement on Tariffs and Trade. 1994, and to the Agreement on implementation thereof and to amend and consolidate the law relating to imposition of anti­dumping duties to offset such dumping, to provide a framework for investigation and determination of dumping and injury in respect of goods imported into Pakistan and for matters ancillary thereto or connected therewith; AND WHEREAS the imposition of anti­dumping duties to offset injurious dumping is in the public interest; AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. I of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:— PART I PRELIMINARY Short title, extent and commencement.—(1) This Ordinance may be called the AntiDumping Duties Ordinance, 2000. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. Definition. In this Ordinance, unless there is anything repugnant in the subject or context:— (a) “Appellate Tribunal” means the Appellate Tribunal established under section 64; 4 (b) “Commission” means the National Tariff Commission established under the National Tariff Commission Act, 1990 (Act VI of 1990); (c) “country” means any country or territory whether a member of the World Trade Organisation or not and includes a customs union or separate customs territory; (d) “domestic industry” means the domestic producers as a whole of a domestic like product or those of them whose collective output of that product constitutes a major proportion of the total domestic production of that product, except that when any such domestic producers are related to the exporters or importers, or are themselves importers of the allegedly dumped investigated product in such a case “domestic industry” shall mean the rest of the domestic producers. Explanation.—For the purposes of this clause, producers shall be deemed to