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ANTI-DUMPING DUTIES ORDINANCE 2000 ANTI-DUMPING DUTIES ORDINANCE 2000 ORDINANCE LXV OF 2000 An Ordinance to amend and consolidate the law relating to imposition of anti-dumping duties to offset such dumping [Gazette of Pakistan, Extraordinary, Part I, 22nd December, 2000] F.No.2(I)/2000-Pub., dated 22-12-2000.-The following Ordinance made by the President is hereby published for general information:-- PART 1 PRELIMINARY 2. Definitions.--In this Ordinance, 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 National Tariff Commission Act, 1990 (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 non-related 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; (h) "exporting country" means, save as provided in subsection (3) of section 5, a country from which an investigated product is exported to (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) Exporter of an investigated product; (iii) Trade or business association a majority of the members of which are 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. (1) "investigation" means an' investigation conducted under this (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 Organization established pursuant to the Marrakesh Agreement concluded in Marrakash, Morocco, on the 15th April. 1994.