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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 VI DETERMINATION OF INJURY 15. Determination of injury. (1) A determination of injury, for the purposes of this Act shall be based on an objective examination of all relevant factors by the Commission which shall 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. (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 sub-section (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 (e) 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.