Section 1 of the Board on Tariffs and Trade Act, 1986, is hereby
This provision updates the Act’s definitions of dumping, export price, and normal value, and lets the Board use a third-country price or a constructed export price in certain dumping investigations.
1. Section 1 of the Board on Tariffs and Trade Act, 1986, is hereby amended (a) by the substitution for the definition of "dumping" of the following definition: " <<'dumping' means the introduction of goods into the commerce of the Republic or the common customs area of the Southern African Customs Union at an export price which is less than the normal value of the goods;>>"; (b) by the insertion after the definition of "dumping" of the following definition: "<<'export price' means the price actually paid or payable for goods sold for export net of all taxes, discounts and rebates actually granted and directly related to the sale under consideration;>>"; (c) by the insertion after the definition of "Minister" of the following definition: " <<'normal value' means- (a) the comparable price actually paid or payable in the ordinary course of trade for like goods intended for consumption in the exporting country or country of origin; or (b) in the absence of a price contemplated in paragraph (a)- (i) the highest comparable price at which like goods are being exported to any third country in the ordinary course of trade; or (ii) the constructed cost of production of the goods in the country of origin plus a reasonable addition for selling costs and profit: Provided that due allowance shall be made in each case for differences in conditions and terms of sale, for differences in taxation, and for other differences affecting price comparability;>>"; and (d) by the substitution for subsection (2) of the following subsection: "<<(2) If, in the investigation of dumping as contemplated in section 4(1) (a) (i)- (a) the Board is of the opinion that the normal value of the goods concerned is, as a result of government intervention, not determined in the exporting country or country of origin according to free market principles, a comparable price of a third country may be applied to the goods of the exporting country or country of origin concerned; (b) (i) it is found that there is no export price as contemplated in the definition of 'dumping'; or (ii) it appears that in respect of the export price there is an association or a compensatory arrangement between the exporter concerned and the importer or the third party concerned; or (iii) it is found that for any other reason the export price actually paid or payable for the goods sold is unreliable, 'export price' in the said definition shall be construed to mean the price constructed on the basis of the price at which the imported goods are first resold to an independent buyer, or where not resold in the condition imported, on any reasonable basis.>>". Extension of application of Act 107 of 1986