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7

Circumstances in which certain sale smay be disregarded in determining normal value

Act: Anti-dumping Duties Ordinance 2000

Section Provisions

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 III IDENTIFICATION OF DUMPING AND DETERMINATION OF NORMAL VALUE 7. Circumstances in which certain sales may be disregarded in determining normal value.--(1) The Commission may treat, sales of alike 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 sub-clause (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 of 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.