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55

Imposition of definitive anti-dimping dutiesretroactively

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 XIV RETROACTIVITY 55. Imposition of definitive anti-dumping duties retroactively.--(1) Where the Commission makes a final determination of injury but not of a threat thereof or of material retardation of the establishment of an industry or, in the case of a final determination of a threat of injury where the Commission determines that the effect of dumped imports would, in the absence of provisional measures, have led to a determination of injury, definitive anti-dumping duties may be levied retroactively for the period for which provisional measures. if any, have been applied. (2) If definitive anti-dumping duty imposed under subsection (1) is higher than the amount of provisionally determined dumping margin set forth in the notice of preliminary determination referred to in subsection (2) of section 37, the difference shall not be collected, and if such definitive antidumping duty is lower than the amount of such provisionally determined dumping margin the difference shall be refunded by the Commission within forty-five days of such determination. (3) Save as provided for in subsection (1), where the Commission hakes a determination of threat of injury or material retardation but no injury has yet occurred, definitive anti-dumping duties may be imposed only from the date of the determination of threat of injury or material retardation and any cash deposit made during the period of application of provisional measures shall be refunded by the Commission within forty-five days of such determination. (4) Where the Commission makes a negative final determination: any cash deposit made during the period of application of provisional measures shall be refunded by the Commission within forty-five days of such determination.