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THE ANTI-DUMPING DUTIES ACT, 2015 THE ANTI-DUMPING DUTIES ACT, 2015 ACT No. XIV OF 2015 [8th September, 2015] An Act to reform and repeal the Anti-Dumping Duties Ordinance, 2000 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 anti-dumping 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 anti-dumping duties to offset injurious dumping is in the public interest; AND WHEREAS it is expedient to provide for certain reforms in the Anti-Dumping Duties Ordinance, 2000 (LXV of 2000), by repealing the said Ordinance and re-enacting the law for the purposes hereinafter appearing; It is hereby enacted as follows: PART I-PRELIMINARY 2. Definitions. In this Act, unless there is anything repugnant in the subject or context, (a) "Appellate Tribunal" means the Appellate Tribunal established under section 64; (b) "Commission" means the National Tariff Commission established under the law for the time being in force; (c) "Country" means any country or territory whether a member of the World Trade Organization 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 whose collective output of that product constitutes a major proportion of the total domestic production of that product; except 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" may 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 non-related producers. 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 a "like product" that is produced by the domestic Industry; (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 Act; (h) "Exporting country" means, save as provided in sub-section (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 anti-dumping investigation as described in the notice of initiation of the investigation; (l) "investigation" means an investigation conducted under this Act; (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 Act; (o) "prescribed" means prescribed by rules made under this Act; and (p) "WTO" means the World Trade Organization established pursuant to the Marrakesh Agreement concluded in Marrakesh, Morocco, on the 15th of April, 1994.