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.

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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

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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

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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.

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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

1. 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.

2. 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;

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(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 be related to

exporters or importers only if—

(i) one of them directly or indirectly Controls the other;

(ii) both of them are directly or indirectly controlled by the same third person; or

(iii) together they directly or indirectly control a third person:

Provided that there are grounds for believing or suspecting that the effect of the relationship is

such as to cause the producer concerned to behave differently from non­related producers and for

that purpose one shall be deemed to control another when the former is legally or operationally in a

position to exercise restraint or direction over the latter:

Provided further that, in exceptional circumstances, as may be determined by the Commission,

domestic industry in relation to a product in question may be divided into two or more competitive

markets and producers within each such market may be regarded as a separate industry if—

(i) the producers within such a market sell all or almost all of their production of the

product in question in such a market; and

(ii) the demand in such a market is not to any substantial degree supplied by producers

of the product in question located elsewhere in Pakistan;

(e) “domestic like product” means the domestically produced product which is a like product

to an investigated product;

(f) “dumping margin” in relation to a product, means the amount by which its normal value

exceeds its export price;

(g) “export price” means export price determined in accordance with Part IV of this

Ordinance;

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(h) “exporting country” means, save as provided in sub­section (3) of section 5, a country

from which an investigated product is exported to Pakistan;

(i) “injury” means, unless otherwise specified, material injury to a domestic industry, threat of

material injury to a domestic industry or material retardation of the establishment of a

domestic industry, when dumped imports are causing such injury;

(j) “interested party” includes­

(i) any exporter or foreign producer of an investigated product;

(ii) any importer of an investigated product;

(iii) trade or business association a majority of the members of which are producers,

exporters or importers of an investigated product;

(iv) the government of an exporting country;

(v) any producer of a domestic like product in Pakistan;

(vi) trade or business associations a majority of the members of which produce a

domestic like product in Pakistan; and

(vii) such other person or group of persons as the Commission may, by notification in the

official Gazette, specify;

(k) “investigated product” means a product which is subject to an anti­dumping investigation

as described in the notice of initiation of the investigation;

(l) “investigation” means an investigation conducted under this Ordinance;

(m) “like product” means a product which is alike in all respects to an investigated product or,

in the absence of such a product, another product which, although not alike in all

respects, has characteristics closely resembling those of the investigated product;

(n) “normal value” means normal value determined in accordance with Part III of this

Ordinance;

(o) “prescribed” means prescribed by rules made under this Ordinance; and

(p) “WTO” means the World Trade Organisation established pursuant to the Marrakesh

Agreement concluded in Marrakesh, Morocco, on the 15th April 1994.

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PART II

ANTI­DUMPING MEASURES

3. Levy of anti­dumping duty.—(1) The Commission shall, by notification in the official Gazette,

impose anti­dumping measures on products imported into Pakistan when it determines, pursuant to an

investigation initiated and conducted in accordance with the provisions of this Ordinance, that ­

(a) an investigated product is dumped within the meaning of this Ordinance; and

(b) injury is being caused to domestic industry within the meaning of this Ordinance.

PART III

IDENTIFICATION OF DUMPING AND DETERMINATION OF NORMAL VALUE

4. Identification of dumping. For the purposes of this Ordinance, an investigated product shall

be considered to be dumped if it is introduced into the commerce of Pakistan at a price which is less

than its normal value.

5. Normal value based on prices in exporting country.—(1) Save as provided for in section 6,

the Commission shall establish normal value of an investigated product on the basis of comparable

price paid or payable, in the ordinary course of trade, for sales of a like, product when destined for

consumption in an exporting country.

(2) Notwithstanding anything contained in sub­section (1), the Commission may establish normal

value of an investigated product on the basis of comparable price paid or payable in the ordinary

course of trade for sales of a like product when destined for consumption in the country of origin of

the investigated product if—

(a) such products are not produced in an exporting country; or

(b) there is no comparable price for them in an exporting country.

(3) In the event the Commission decides to establish normal value on the basis of the country of

origin of an investigated product pursuant to sub­section (2), any reference to an exporting country in

this Ordinance shall be deemed to refer to the country of origin of the investigated product.

6. Normal value based on export price to a third country or on constructed value.—(1)

When there are no sales of a like product in the ordinary course of trade in domestic market of an

exporting country, or when such sales do not permit a proper comparison because of any particular

market situation or low volume of the sales in the domestic market of the exporting country, the

Commission shall establish normal value of an investigated product or the basis of either—

(a) a comparable price of the like product when exported to an appropriate third country

provided that this price is representative; or

(b) the cost of production in the exporting country plus a reasonable amount for

administrative, selling and general costs and for profits.

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(2) Sales of a like product destined for consumption in domestic market of an exporting country

or sales to an appropriate third country may be considered to be a sufficient quantity for the

determination of normal value if such sales constitute five per cent or more of the sales of an

investigated product to Pakistan:

Provided that the Commission shall apply a lower ratio if, on the basis of evidence submitted by

interested parties or otherwise available to it, it is satisfied that sales at such lower ratio are

nonetheless of sufficient magnitude to provide for a proper comparison.

7. Circumstances in which certain sales may be disregarded in determining normal value.—

(I) The Commission may treat sales of a like product in domestic market of an exporting country or

sales to a third country at prices below per unit, fixed and variable, cost of production plus

administrative, selling and other costs as not being in the ordinary course of trade by reason of price

and may disregard such sales in determining normal value only if the Commission determines that

such sales were made­

(a) within an extended period of time which shall normally be a period of one year and in no

case less than a period of six months;

(b) in substantial quantities; and

(c) at prices which do not provide for the recovery of all costs within a reasonable period of

time.

(2) For the purposes of sub­clause (b) of sub­section (1), sales below per unit cost shall be

deemed to be in substantial quantities if the Commission establishes that—

(a) a weighted average selling price of transactions under consideration for the determination

of normal value is below a weighted average cost; or

(b) the volume of sales below per unit cost represents twenty per cent or more of the volume

sold in transactions under consideration for the determination of normal value.

(3) If prices which are below per unit cost at the time of sale are above the weighted average cost

for the period of investigation, the Commission shall consider such prices as providing for recovery of

costs within a reasonable period of time.

8. Calculation of costs for the purposes of sections 6 and 7.—(1) For the purposes of sections 6

and 7, the Commission shall normally calculate costs on the basis of records kept by an exporter or a

producer under investigation provided that such records are in accordance with the generally

accepted accounting principles of an exporting country and reasonably reflect the costs associated

with the production and sale of a like product.

(2) For the purposes of sections 6 and 7, the amounts for administrative, selling and general costs

and for profits shall be based on actual data pertaining to production and sales

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in the ordinary course of trade of a like product for consumption in an exporting country by any

exporter or producer under investigation:

Provided that where the Commission is satisfied that such amounts cannot be determined on the

basis set out in sub­section (2), the amounts may be determined on the basis of­

(a) the actual amounts incurred and realised by an exporter or a producer in question in

respect of production and sales in domestic market of an exporting country of the same

general category of products;

(b) the weighted average of the actual amounts incurred and realised by other exporters or

producers subject to investigation in respect of production and sales of a like product in

domestic market of an exporting country; or

(c) any other reasonable method provided that the amount for profit so established shall not

exceed the profit normally realised by other exporters or producers on sales of products

of the same general category in domestic market of an exporting country of a like

product.

(3) The Commission shall consider all available evidence on the proper allocation of costs,

including such information as is made available by any exporter or producer of a like product in the

course of an investigation provided that such allocations have been historically utilised by the

exporter or producer, in relation to establishing appropriate amortisation and depreciation periods and

allowances for capital expenditures and other development costs, as the case may be.

(4) Unless already reflected in the cost allocations under this section, the Commission shall adjust

costs appropriately for those non­recurring items of cost which benefit either future or current

production or both, or, for circumstances in which costs during the period of investigation are

affected by start­up operations. Such adjustment made for start­up operations shall reflect the costs at

the end of the start­up period or, if that period extends beyond the period of investigation, the most

recent costs which can reasonably be taken into account by the Commission during the investigation.

9. Exports from a country in which the government exercises sufficient control over

economic decisions so that the domestic market does not operate freely.—(1) Where the

Commission determines that the government of an exporting country exercises sufficient control over

economic decisions so that domestic market of such exporting country does not operate freely, the

Commission may, determine normal value on the basis of—

(a) a comparable price paid or payable, in the ordinary course of trade, for sales of a like

product when destined for consumption in an appropriate market economy country;

(b) where the Commission determines that the provisions of clause (a) cannot be applied, a

comparable price paid or payable, in the ordinary course of trade, for exports of a like

product from an appropriate market economy country to other countries, including

Pakistan;

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(c) where the Commission determines that the provisions of clauses (a) and (b) cannot be

applied, a price actually paid or payable in Pakistan for a domestic like product; duly

adjusted if necessary to include a profit margin corresponding to the margin to be

expected under the existing economic circumstances for the sector concerned; or

(d) where the Commission determines that the provisions of clauses (a), (b) and (c) cannot be

applied, any other reasonable basis.

(2) In identifying an appropriate market economy country for the purposes of sub­section (1), the

Commission shall take into account factors such as—

(a) similarity of the product in terms of materials and end use;

(b) similarity of production methods; and

(c) availability of necessary information to the Commission.

PART IV

DETERMINATION OF EXPORT PRICE

10. Export price. —(1) Save as provided for in sub­sections (2) and (3), an export price shall be

a price actually paid or payable for an investigated product when sold for export from an exporting

country to Pakistan.

(2) In cases where there is no export price or where it appears to the Commission that an export

price is unreliable because of association or a compensatory arrangement between an exporter and an

importer or a third party­

(a) the export price may be constructed on the basis of a price at which imported products are

first resold to an independent buyer; or

(b) if the imported products are not resold to an independent buyer, or not resold in the

condition as imported, on such reasonable basis as the Commission may determine.

(3) Where, the Commission determines normal value on the basis of the country of origin

pursuant to sub­section (2) of section 5, an export price shall be a price actually paid or payable, as

determined by the Commission, for an investigated product when sold for export in the country of

origin of the investigated product.

PART V

COMPARISON BETWEEN NORMAL VALUE AND EXPORT PRICE

11. Comparison.—(1) To ensure a fair comparison between export price and normal value, the

Commission shall, where possible, compare export price and normal value with the same

characteristics in terms of level of trade, time of sale, quantities, taxes, physical characteristics,

conditions and terms of sale and for delivery at the same place which shall

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normally be at ex­factory level. Where an interested party demonstrates to the Commission that any

of the factors set out in this sub­section or any other factors identified by such interested party affect

price comparability, the Commission shall make due allowance for differences in such factors to the

extent that the same affect price comparability.

(2)In cases where export price is constructed on the basis of a price at which imported products

are first resold to an independent buyer pursuant to sub­clause (a) of sub­section (2) of section 10,

allowances for costs including duties and taxes incurred between importation and resale, and a

reasonable amount for profits accruing, may also be made. If in such cases price comparability has

been affected, the Commission shall establish normal value at a level of trade equivalent to a level of

trade of a constructed export price, or shall make due allowance as warranted under this section.

(3) The Commission shall indicate to the parties in question what information is necessary to

ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties.

12. Comparison methods.—(1) Subject to section 11, existence of dumping margin shall

normally be established on the basis of a comparison of a weighted average normal value with a

weighted average of prices of all comparable export transactions or by a comparison of normal value

and export prices on a transaction­to­transaction basis.

(2) Normal value established on a weighted average basis may be compared to prices of

individual export transactions if­

(a) the Commission finds a pattern of export prices, which differs significantly among

different purchasers, regions or time periods; and

(b) the Commission provides an explanation as to why such differences cannot be taken into

account appropriately by the use of a weighted average­to­weighted average or

transaction­to­transaction comparison.

13. Currency conversion.—(1) Should the price comparison under sections 11 and 12 require a

conversion of currencies, the Commission shall make such conversion using the rate of exchange on

the date of sale.

(2) For the purposes of sub­section (1), the date of sale shall normally be the date of contract,

purchase order, order confirmation or invoice, whichever establishes the material terms of sale.

(3) Notwithstanding anything in sub­sections (1) and (2), when a sale of foreign currency on

forward markets is used in direct relation to an export sale, the Commission shall use the rate of

exchange in the forward sale for all the related transactions.

(4) The Commission shall ignore fluctuations in exchange rates and shall allow exporters at least

sixty days to have adjusted their export prices to reflect sustained movements in exchange rates

during the period of investigation.

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14. Individual dumping margin.—(1) The Commission shall determine an individual dumping

margin for each known exporter or producer of an investigated product.

(2) Notwithstanding anything contained in sub­section (1), where the Commission is satisfied that

the number of exporters, producers or importers, or types of products involved is so large as to make

it impracticable to determine an individual dumping margin for each known exporter or producer

concerned of an investigated product, the Commission may limit its examination to a reasonable

number of interested parties or investigated products by using samples which are statistically valid on

the basis of information available to the Commission at the time of selection, or to the largest

percentage of volume of exports from the country in question which can reasonably be investigated.

(3) The selection of exporters, producers, importers or types of products shall normally be made

by the Commission in consultation with the exporters, producers or importers concerned:

Provided that the final selection of the exporters, producers, importers or types of products shall

rest with the Commission.

(4) In cases where the Commission has limited its examination as provided for in sub­sections (2)

and (3), the Commission shall nevertheless determine an individual dumping margin for any exporter

or producer who, voluntarily submits the necessary information in time for that information to be

considered during the course of an investigation:

Provided that where the Commission determines that the number of exporters or producers is so

large that individual examinations would be unduly burdensome to the Commission and prevent the

timely completion of the investigation, the Commission may decline to determine an individual

dumping margin on the basis of such voluntary responses and limit its examination to such exporters

and producers selected pursuant to sub­section (2).

PART VI

DETERMINATION OF INJURY

15. Determination of injury.—(1) A determination of injury, for the purposes of this Ordinance,

shall be based on an objective examination of all relevant factors by the Commission which may

include but shall not be limited to­

(a) volume of dumped imports;

(b) effect of dumped imports on prices in domestic market for like products; and

(c) consequent impact of dumped imports on domestic producers of such products.

(2) With regard to volume of dumped imports, the Commission shall consider whether there has

been a significant increase in dumped imports, either in absolute terms or relative to production or

consumption in Pakistan.

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(3) With regard to effect of dumped imports on prices in domestic market, the Commission shall

consider whether­

(a) there has been a significant price undercutting by the dumped imports as compared with

price of a domestic like product; or

(b) whether the effect of dumped imports is otherwise to depress prices to a significant degree

or prevent price increases, which otherwise would have occurred, to a significant degree.

(4) No one or several of the factors identified in sub­section (2) or (3) shall be deemed to

necessarily give decisive guidance and the Commission may take into account such other factors as it

considers relevant for the determination of injury.

(5) In circumstances where domestic industry in relation to a product in question has been divided

into two or more competitive markets, and producers within each such market are regarded as a

separate industry under the second proviso to the explanation to clause (d) of section 2, injury may be

found to exist even where a major portion of the total domestic industry does not suffer injury

provided that, there is a concentration of dumped imports into such a market, and provided further

that dumped imports are causing injury to the producers of all or almost all of the production within

such market.

16. Cumulation. Where imports of a like product from more than one country are the subject of

simultaneous investigations under this Ordinance, the Commission may cumulatively assess the

effects of such imports on domestic industry only if it determines that­

(a) dumping margin in relation to an investigated product from each country is more than the

negligible amount as specified in clause (a) of sub­section (3) of section 41, and volume

of dumped imports from each investigated country is not less than the negligible quantity

as specified in clause (b) of sub­section (3) of section 41; and

(b) a cumulative assessment of the effects of the imports is appropriate in the light of—

(i) the conditions of competition between the imports; and

(ii) the conditions of competition between the imports and a domestic like product.

17. Examination of impact of dumped imports on domestic industry.—(1) An examination of

Impact of dumped imports on domestic industry concerned shall include an evaluation by the

Commission of all relevant economic factors and indices having a bearing on the state of the domestic

industry, including, but not limited to—

(a) actual and potential decline in sales, profits, output, market share, productivity, return on

investments, or utilisation of capacity;

(b) factors affecting domestic prices;

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(c) magnitude of dumping margin; and

(d) actual and potential negative effects on cash flow, inventories, employment, wages,

growth, ability to raise capital or investments.

Explanation.—The list of factors specified in sub­section (1) shall not be exhaustive, nor shall

one or several of these factors be deemed to necessarily give decisive guidance.

(2) The Commission shall assess effect of dumped imports in relation to production of a domestic

like product in Pakistan when available data permit separate identification of that production on the

basis of criteria of production process, producer’s sales and profits:

Provided that if such separate identification of that production is not possible, the Commission

shall assess effects of dumped imports by examination of the production of the narrowest group or

range of products, which includes a domestic like product, for which necessary information can be

provided.

18. Causation.—(1) The Commission shall satisfy itself that dumped imports are, through the

effects of dumping, as provided in sections 15 and 17, causing injury within the meaning of this

Ordinance. The consideration of a causal relationship between dumped imports and injury to

domestic industry shall be based on an examination by the Commission of all relevant evidence

before it.

(2) The Commission shall examine any known factors other than dumped imports which are

injuring domestic industry and injuries caused by such other factors shall not be attributed by the

Commission to the dumped imports.

(3) Factors which may be relevant for the purposes of an examination by the Commission

pursuant to sub­section (2) may include the following, namely:­

(a) volume and price of imports not sold at dumping prices;

(b) contraction in demand or changes in the patterns of consumption;

(c) trade restrictive practices of and competition between foreign and domestic producers;

(d) Developments in technology; and

(e) Export performance and productivity of domestic industry.

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19. Threat of material injury.—(1) In making a determination regarding existence of a threat of

material injury, the Commission shall consider all relevant factors, including but not limited to, such

factors as­

(a) a significant rate of increase of dumped imports into domestic market indicating the

likelihood of substantially increased importation;

(b) Sufficient freely disposable, or an imminent and substantial increase in capacity of an

exporter indicating the likelihood of substantially increased dumped exports to market in

Pakistan, taking into account the availability of other export markets to absorb any

additional exports;

(c) whether imports are entering at prices that shall have a significant depressing or

suppressing effect on prices in Pakistan, and would likely increase demand for further

imports; and

(d) inventories of an investigated product.

(2) No one of the factors specified in sub­section (1) by itself shall be deemed to necessarily give

decisive guidance and in making a determination regarding a threat of material injury the Commission

shall, on the basis of the totality of the factors considered, satisfy itself that further dumped exports

are imminent and that, unless protective action is taken, material injury shall occur.

PART VII

INITIATION AND CONDUCT OF INVESTIGATIONS

20. Requirement of a written application.—(1) Subject to section 24 and save as provided for

in section 25, an investigation by the Commission shall only be initiated upon a written application by

or on behalf of domestic industry.

(2) An application under sub­section (1) shall­

(a) be submitted to the Commission in such manner, number and form and with such fee as

may be prescribed;

(b) include evidence of dumping and injury within the meaning of this Ordinance as is

reasonably available to the applicant; and

(c) contain such further information as may be prescribed.

21. Notice to government of exporting country. Upon receipt of an application compliant with

the requirements of sections 20 and 24, the Commission shall promptly give notice to the government

of each exporting country of the receipt of such application.

22. Withdrawal of application before initiation. An application under section 20 may be

withdrawn prior to initiation, in which case it shall be considered not to have been made:

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Provided that upon the withdrawal of an application any fee paid along with the application

pursuant to clause (i) of sub­section (2) of section 20 shall stand forfeited in favour of the

Commission.

23. Initiation of an investigation. —(1) Subject to section 24, the Commission shall examine

accuracy and adequacy of evidence provided in an application to determine whether it is compliant

with the requirements of section 20 and if so whether there is sufficient evidence to justify initiation

of an investigation.

(2) An application under section 20 shall be rejected as soon as the Commission is satisfied that

there is not sufficient evidence of either dumping or of any injury to justify initiation of an

investigation.

(3) The Commission may seek additional information from an applicant before deciding whether

to initiate an investigation and such information shall be provided by the applicant to the Commission

within such time and in such manner as may be prescribed.

(4) When the Commission is satisfied that—

(a) an application under section 20 has been made by or on behalf of domestic industry; and

(b) there is sufficient evidence of dumping and injury within the meaning of this Ordinance,

the Commission shall initiate an investigation.

(5) Where the Commission does not consider it appropriate to initiate an investigation, it shall

inform all the applicants of the reasons for not initiating the investigation and shall inform the

exporting country of its decision.

24. Application by or on behalf of domestic industry.—(1) For the purposes of section 20, an

application shall be considered to have been made by or on behalf of domestic industry only if it is

supported by those domestic producers whose collective output constitutes more than fifty per cent of

the total production of a domestic like product produced by that portion of the domestic industry

expressing either support for or opposition to the application.

(2) For the purposes of section 23, no investigation, shall be initiated when domestic producers

expressly supporting an application account for less than twenty five percent of the total production

of a domestic like product produced by domestic industry.

(3) In the case of fragmented industries involving an exceptionally large number of producers, the

Commission may determine support and opposition for an application submitted under section 20 by

using statistically valid sampling techniques.

 

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