15
Determination of injury
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 VI DETERMINATION OF INJURY 15. Determination of injury.--(1) A determination of injury, for the purposes of this Ordinance, shall be based on an objective examination of all relevant factors by the Commission which may 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 subsection (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 (d) 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 y imports are causing injury to the producers of all or almost all of the production within such market.