9
Exports from a country in which the government exercises sufficient control over economic decisions so that the domestic market does not operate freely
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 9. Exports from a country in which the government exercises sufficient control over economic decisions so that the domestic market does not operate freely.--(I) Where the Commission determines that the government of an exporting country exercises sufficient control over economic decisions so that domestic market of such exporting country does not operate freely, the Commission may, determine normal value on the basis of-- (a) a comparable price paid or payable, in the ordinary course of trade, for sales of a like product when destined for consumption in an appropriate market economy country; (b) where the Commission determines that the provisions of clause (a) cannot be applied, a comparable price paid or payable, in the ordinary course of trade, for exports of alike product from an appropriate market economy country to other countries, including Pakistan; (c) where the Commission determines that the provisions of clauses (a) and (b) cannot be applied, a price actually paid or payable in Pakistan for a domestic like product; duly adjusted if necessary to include a profit margin corresponding to the margin to be expected under the existing economic circumstances for the sector concerned; or (d) where the Commission determines that the provisions of clauses (a), (b) and (c) cannot be applied, any other reasonable basis. (2) In identifying an appropriate market economy country for the purposes of subsection (1), the Commission shall take into account factors such as-- (a) similarity of the product in terms of materials and end use; (b) similarity of production methods; (c) availability of necessary information to the Commission.