47
Conditions for acceptance of price undertaking
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 XII PRICE UNDERTAKINGS 47. Conditions for acceptance of price undertaking.--(1) Except in extraordinary circumstances, a price undertaking shall not be offered later than sixty days before the proposed date of final determination, as set forth in a notice of initiation of an investigation in accordance with the provisions of section 34. . (2) Notwithstanding anything contained in this section, the decision to accept a price undertaking shall rest with the Commission. Explanation.--The Commission may not accept a price undertaking if it considers the acceptance thereof to be impractical because the number of actual or potential exporters is too great, or for reasons of general policy or for any other reason. (3) If the Commission decides not to accept a price undertaking, it shall provide to an exporter the reasons which have led it to consider acceptance of a price undertaking as inappropriate and the exporter may, not later than seven days from the submission of such reasons, submit its written response to the Commission on the reasons given by the Commission. (4) The Commission may require an exporter from whom a price undertaking has been accepted, to provide, periodically, information relevant to the fulfillment of such undertaking, and to permit verification of such information. The communication of such information shall be subject to the provisions of section 31. (5) Failure to provide any information requested by the Commission pursuant to subsection (4) shall be deemed to be a violation of a price undertaking. (6) Where the Commission accepts a price undertaking or a price undertaking is terminated, it shall publish a notice to this effect in the official Gazette and in at least one issue each of daily newspaper in the English language and a daily newspaper in the Urdu language having wide circulation in Pakistan. Such notice shall contain the non-confidential part of the price undertaking accepted, when applicable, and details of the findings and conclusions reached by the Commission on the issues of fact and law considered material by the Commission and such other information as the Commission may determine necessary: Provided that where the notice relates to acceptance by the Commission of a price undertaking it shall contain such further information as may be prescribed. (7) A notice of acceptance of a price undertaking or termination thereof referred to in subsection (6) share forwarded by the Commission to the country the product of which is the subject of such notice and to other interested parties known to have an interest therein. (8) Where the Commission continues an investigation pursuant to subsection (1) of section 48, it shall publish a notice of the continuation of the investigation, setting forth the proposed date for final determination and any other modifications to the proposed schedule of the investigation as originally set out in the notice of initiation of the investigation in accordance with section 34: Provided that the final determination in such case shall be made by the Commission no later than one hundred and eighty days from the date of publication of the notice of acceptance of a price undertaking referred to in subsection (6) in the official Gazette.