ANTI-DUMPING AND COUNTERVAILING DUTIES ACT

Arrangement of Sections

1. Short title.

PART I
ANTI-DUMPING DUTIES

2. General principle.

3. Assessment of effects.

ESTABLISHING THE NORMAL VALUE

4. Basis for determining normal value.

5. Normal value to be based on export price to a third country.

6. Sales not in the ordinary course of trade.

7. Calculation of cost for purpose of subsection (1) of section 5.

8. Determining of cost of production.

9. Export price.

10. Comparison of normal value and export price.

11. Comparison methods.

12. Currency conversion.

13. Individual dumping margins.

INVITATION OF INVESTIGATION

14. Requirement of a written application.

15. Information.

16. Publicising of the application.

17. Withdrawal of an application.

18. Decision to initiate.

19. Self-initiation.

20. Negligible import volumes and de minimis dumping margins.

21. Public notice of determination to initiate an investigation.

22. Disclosure of application.

CONDUCT OF INVESTIGATION

23. Duration of investigation.

24. Customs clearance.

25. Confidentiality.

26. Reliance on information available.

27. Public file and access thereto.

INVESTIGATION PROCEDURE

28. Proposed schedule for investigation.

29. Gathering information.

30. Preliminary written arguments.

31. Preliminary determination.

32. Acceptance of a price undertaking.

33. Verification of information.

34. Written arguments.

35. Hearings.

36. Contributions by industrial users and representatives of consumer organisations.

37. Essential facts.

38. Final determination.

39. Imposition of duty and issue of public notice.

40. Disclosure.

PROVISIONAL MEASURE

41. Imposition of provisional measures.

42. Amount of provisional duty to be imposed.

43. Duration of application of provisional measures.

PRICE UNDERTAKINGS

44. Undertakings relating to price undertakings.

45. Conditions for acceptance of price undertakings.

46. Completion of the investigation.

47. Violation of undertakings.

IMPOSITION AND COLLECTION OF ANTI-DUMPING DUTIES

48. Imposition and collection of anti-dumping duties.

49. Refund of duties paid in excess of the dumping margin.

50. Suspension.

RETROACTIVITY

51. Principle of retroactivity.

52. Retroactive application of definitive duties in certain circumstances.

53. Definitive collection of provisional duties.

TERMINATION WITHOUT ADOPTION OF MEASURES

54. Termination for insufficient evidence, de minimis dumping margin or negligible volume.

55. Public notice of conclusion of an investigation without imposition of measures.

DURATION AND REVIEW OF ANTI-DUMPING DUTIES
AND PRICE UNDERTAKINGS

56. Duration of an anti-dumping duty.

57. Review for change of circumstances.

58. Newcomer review.

59. Duration and review of undertakings.

ANTI-CIRCUMVENTION

60. Circumvention of anti-dumping duty.

61. Initiation of investigation to determine circumvention.

62. Determination of circumvention.

63. Review of circumvention.

PART II
COUNTERVAILING DUTIES

64. Circumstances in which a countervailing duty may be imposed.

65. When may a subsidy be subject to a countervailing duty.

66. Specificity and contingency of subsidy.

67. Determination of benefit by the grant of a subsidy.

68. Establishing the countervailing duty rate.

INITIATION, CONDUCT AND CONCLUSION
OF INVESTIGATION AND REVIEW

69. Initiation of investigation under this Part of the Act.

70. Conduct and conclusion of an investigation under this Part of this Act.

71. Price undertakings.

72. Consequences of voluntary undertakings under section 71.

73. Imposition and collection of countervailing duties etc. under this Part of this Act.

74. Termination for insufficient evidence of an investigation under this Part of this Act.

75. Consultations.

PART III
GENERAL

76. Determination of injury.

77. Causation.

78. Threat of material injury.

79. Material retardation.

80. Confidential information not to be disclosed.

81. Judicial review.

82. Constitution of the Inter-Ministerial Committee.

83. Delegation by the Director-General.

84. Regulations.

85. Interpretation.

86. Sinhala text to prevail in case of inconsistency.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

2 of 2018.

AN ACT to provide for the investigation and imposition of anti-dumping duties and countervailing duties with regard to products imported into Sri Lanka and for matters connected therewith and incidental thereto.

Preamble

WHEREAS Sri Lanka was one of the original contracting parties to the General Agreement on Tariffs and Trade of 1947 (GATT 1947):

AND WHEREAS the General Agreement on Tariffs and Trade 1994 (GATT 1994) which is based upon the text of GATT 1947 and was signed in April 1994, includes among others the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing Measures:

AND WHEREAS Sri Lanka intends to protect the domestic industries from prohibited and actionable subsidies and dumping:

AND WHEREAS it is expedient to make legislative provisions for the implementation in Sri Lanka of the two agreements referred to above.

[Date of Commencement: 23rd March, 2018]

1. Short title.

This Act may be cited as the Anti-Dumping and Countervailing Duties Act.

PART I
Anti-Dumping Duties

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Recent Updates

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SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018