Imposition of Duties (Dumping and Subsidies) Act, 1968

Anti-dumping duties.

14.—(1) If, as result of an investigation by the Commission under this Act, the Commission is satisfied that there has been injurious dumping of goods of any kind, the Commission may recommend to the Minister that an anti-dumping duty of such amount (not exceeding the margin of dumping in relation to the goods) as the Commission may specify be imposed on those goods or on such goods of that kind as the Commission may specify for such period or periods as the Commission may specify.

(2) (a) Whenever the Commission makes a recommendation to the Minister under subsection (1) of this section in relation to goods of any kind and the Minister is satisfied that there has been injurious dumping of goods of that kind, or

(b) whenever the Minister is satisfied that goods of any kind have been dumped and that there is danger that they will continue to be dumped and that the dumping is such as to cause or threaten to cause material injury to an industry in a country other than the State or the country from which they were imported or in which they were produced, and the government of the first-mentioned country so request,

the Government may, if they so think fit, by order impose a duty (to be known and in this Act referred to as an anti-dumping duty) of such amount, not exceeding the margin of dumping in relation to the goods, and on such goods imported into the State (being goods of a kind specified in the recommendation or request) as may be specified in the order.

(3) Whenever the Commission makes a recommendation to the Minister under subsection (1) of this section in relation to any goods on which a provisional duty has been paid and the Minister is satisfied that there has been dumping of those goods and that the dumping has caused or would, but for the provisional duty, have caused material injury to an industry in the State, the Government may, it they so think fit, by order under subsection (2) of this section impose an anti-dumping duty on those goods of such amount (not exceeding the margin of dumping in relation to the goods or the provisional duty on the goods, whichever is the lesser) as may be specified in the order and, upon the making of such an order in relation to goods, the payment of so much of the provisional duty chargeable in respect of the goods as is equal to the amount of the anti-dumping duty chargeable on the goods shall be deemed to have been a payment of the anti-dumping duty.

(4) (a) The Minister may, if he considers it in the public interest so to do, by order—

(i) suspend an anti-dumping duty or its application to goods of a particular class or description, or

(ii) exempt from the duty goods of a particular class or description.

(b) An order under this subsection may be made without limit as to time or for a specified period.