Imposition of Duties (Dumping and Subsidies) Act, 1968

Definitions.

1.—(1) In this Act—

“anti-dumping duty” means a duty imposed under section 14 of this Act;

“the Commission” means An Coimisiún Dumpála established under section 4 of this Act;

“country” includes territory, area and place;

“countervailing duty” means a duty imposed under section 18 of this Act;

“dumping” means, in relation to goods, importing goods whose fair market price exceeds their export price, and cognate words shall be construed accordingly;

“duty” means duty of customs;

“export price” means, in relation to goods, the price of the goods determined under section 2 of this Act;

“injurious dumping” means dumping that causes or threatens to cause material injury to an industry in the State or retards materially the establishment of an industry in the State;

“margin of dumping” means, in relation to goods, the amount by which the fair market price of the goods exceeds the export price of the goods;

“the Minister” means the Minister for Industry and Commerce, but where, but for this provision, a power, function or duty under this Act would fall to be exercised or fulfilled by that Minister in relation to any goods which are an agricultural product within the meaning of the Agricultural and Fishery Products (Regulation of Export) Act, 1947 , and in respect of which the powers of the Minister for Agriculture and Fisheries under that Act are not vested for the time being in the Minister, the power, function or duty aforesaid shall be exercised or fulfilled by the Minister for Agriculture and Fisheries and “Minister” shall be construed accordingly;

“fair market price” means, in relation to goods, the price of the goods determined under section 3 of this Act;

“produced” includes grown and manufactured in whole or in part and cognate words shall be construed accordingly;

“provisional duty” means a duty imposed under section 13 of this Act;

“subsidy” has the meaning assigned to it by section 19 of this Act.

(2) References in this Act to the country in which goods were produced shall be taken, in a case where there are two or more countries which answer to that description, as a reference to any of those countries.

(3) References in this Act to the country from which goods are exported are, in the case of goods exported to the State, references to the country from which they were consigned to the State and goods which in course of consignment from any country to the State pass through or are transhipped in any third country shall not on that account be regarded for the purposes of this Act as having been exported from that third country.