The Anti-Dumping and Countervailing Measures Act, 2004
This provision is headed “Interpretation” and refers to the establishment of the Anti-Dumping and Measures Advisory Committee, Part II.
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- The Anti-Dumping and Countervailing Measures Act, 2004
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About this statute
This provision is headed “Interpretation” and refers to the establishment of the Anti-Dumping and Measures Advisory Committee, Part II. The Committee may make its own procedures. This section is titled “Determination of dumping” in the Anti-Dumping and Countervailing Measures Act 2004. This section concerns situations where there are no sales or similar products. Section 14 is titled “Sales not in ordinary course of trade.”
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Provisions of The Anti-Dumping and Countervailing Measures Act, 2004
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Section 3
AI-assisted research summary: This provision is headed “Interpretation” and refers to the establishment of the Anti-Dumping and Measures Advisory Committee, Part II.
3. Interpretation. E s t a b l is h m e n t o f t h e A n t i-D u m p in g a n : M e a s u r e s A d v is o r y C o m m i PART II
Part
PART II
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Committee may make its own procedures
AI-assisted research summary: The Committee may make its own procedures.
9. Committee may make its own procedures. PART III A n t i-D u m p in g a n d C o u n t e r v a il in g P r o v is io n s - 4 Verify source ↗
There is hereby established a Committee to be known as the Anti
AI-assisted research summary: This section establishes the Anti-Dumping and Countervailing Measures Advisory Committee (ACM AC).
4. There is hereby established a Committee to be known as the Anti- Dumping and Countervailing Measures Advisory Committee also in its acronym ACM AC. Establish m ent o f the Com m ittee - 5 Verify source ↗
(l) The Committee shall consist o f
AI-assisted research summary: This provision sets out who must make up the Committee, who appoints its chairman and members, and that the Committee must choose a Vice-Chairman.
5 .-(l) The Committee shall consist o f - (a) the Chairman; Com posi- ion o f the Com m ittee (b) one member representing the Ministry responsible for x trade; (c) one member representing the Ministry of Finance (Treasury); 489 No. 1 Anti-Dumping and Countervailing Measures 2004 (d) a legally qualified person representing the Attorney General; (e) one member representing the Tanzania Chambers of Commerce Industry and Agriculture; (f) one member representing the Confederation of Tanzania Industries; (g) one member representing the Tanzania Revenue Authority; (h) one member representing the Ministry responsible for Co-operatives and Marketing; and (i) one member representing the Ministry responsible for Planning. (2) The Chairman and members of the Committee shall be appointed by the Minister. (3) The M inister may, in addition to m embers under subsec tion (1), appoint two persons one o f whom shall be a woman two persons to be members of the Com m ittee. (4)The Com m ittee shall elect from am ongst its m em bers, a Vice-Chairman who shall serve for the whole period of the tenure of the Committee. (5) The Director of Trade in the Ministry of Industry and Trade shall be the Secretary of the Committee. - 6 Verify source ↗
(1) The functions of the Committee shall be to
AI-assisted research summary: The Committee’s functions include advising the Minister, making recommendations, conducting investigations, and it may establish a subcommittee.
6.—(1) The functions of the Committee shall be to- (a) advise the Minister generally on the proper impleme ntation of the provisions of this Act; (b) advise on urgent measures necessary for the protection of domestic industries from injury caused by dumping or subsidy; (c) ascertain whether the investigated product, through the effect of dumping or subsidization, cause or threatens material injury to industry or producer; (d) advise the Minister on policy issues related to this Act; (e) perform any other duties related to this Act assigned to it by the Minister; Functions o f the C om m i ttee No. 1 Anti-Dumping and Countervailing Measures 2004 (f) recommend to the Minister the imposition of anti-dumping or countervailing measures or any other appropriate action; and (g) to conduct investigation on such matters as the Minister may determine. (2) The Com m ittee may establish a subcom m ittee to assist in the performance of such functions as it may delegate to the subco mmittee. - 7 Verify source ↗
(1) The tenure of office for the Committee shall be three years,
AI-assisted research summary: Committee members serve for three years, may be re-appointed for one more term, and cannot serve more than two consecutive terms.
7.—(1) The tenure of office for the Committee shall be three years, except that its members shall be eligible for re-appointment to serve for another term: Tenure and conditions o f services Provided that, no member shall be eligible to serve for more than two consecutive terms. (2) Members of the Committee shall be paid such remuneration in the course of their meetings and during the period of investigation as the Minister may approve. - 8 Verify source ↗
(1) The Committee shall meet twice in its ordinary meetings in
AI-assisted research summary: The Committee must meet twice in ordinary meetings each calendar year and may hold an extra ordinary meeting when special circumstances under section 28 occur.
8.—(1) The Committee shall meet twice in its ordinary meetings in every calendar year. M eeting o f the Com m ittee (2) Notwithstanding the Committee may hold an extra ordinary meeting at any time, where special circumstances referred to under section 28 occur. the provisions of sub-section (1), ' I - 9 Verify source ↗
Section 9
AI-assisted research summary: The Committee’s business and affairs are governed by this Act, but the Committee may make and regulate its own procedures.
9. The conduct and regulation of the business and affairs of the Committee shall be as provided for in this Act, except that the • Committee shall regulate its own procedures. PART III A n t i-D u m p in g a n d C o u n t e r v a il in g P r o v is io n s Com m ittee m ay make its own procedures
Part
PART III
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D eterm in atio n o f du m pin g
AI-assisted research summary: This section is titled “Determination of dumping” in the Anti-Dumping and Countervailing Measures Act 2004.
12. D eterm in atio n o f du m pin g . No. 1 Anti-Dumping and C o u n te y v w )) ^ ^ a s u r e s 2004 - 13 Verify source ↗
Where there are no sales or like products, etc
AI-assisted research summary: This section concerns situations where there are no sales or similar products.
13. Where there are no sales or like products, etc. - 14 Verify source ↗
Sales not in ordinary course of trade
AI-assisted research summary: Section 14 is titled “Sales not in ordinary course of trade.”
14. Sales not in ordinary course of trade. - 15 Verify source ↗
Calculation of cost of production in exporting country
AI-assisted research summary: This section concerns how to calculate the cost of production in the exporting country.
15. Calculation of cost of production in exporting country. - 16 Verify source ↗
Ascertaining amounts of administrative, selling and general costs
AI-assisted research summary: This section concerns how to ascertain amounts of administrative, selling, and general costs.
16. Ascertaining amounts of administrative, selling and general costs. - 18 Verify source ↗
Comparison of export price and normal value adjustment
AI-assisted research summary: This section concerns comparing export price and normal value for an adjustment.
18. Comparison of export price and normal value adjustment. - 20 Verify source ↗
Margin of dumping during the investigating phase
AI-assisted research summary: Section 20 is titled “Margin of dumping during the investigating phase.”
20. Margin of dumping during the investigating phase. - 21 Verify source ↗
Determination of price of products from intermediate country
AI-assisted research summary: This section concerns how the price of products from an intermediate country is determined.
21. Determination of price of products from intermediate country. - 22 Verify source ↗
Determination of injurious subsidies
AI-assisted research summary: This section is titled “Determination of injurious subsidies.”
22. Determination of injurious subsidies. PART IV D e t e r m in a t io n o f In ju r y - 10 Verify source ↗
(1) The
AI-assisted research summary: Anti-dumping or countervailing measures may be imposed on imported products only after the Committee makes the required findings.
10.—(1) The imposition of anti-dumping or countervailing measures on investigated products imported into Mainland Tanzania shall be made pursuant to investigation initiated and conducted i<i accordance to this Act. Principle o f operation (2) The anti-dumping measures provided for in subsection (1) shall f be imposed after the Committee determines that- 491 No. 1 Anti-Dumping and Countervailing Measures 2004 (a) the investigated product is introduced into Mainland Tanzania market at a price below its normal value; (b) the imported products are, through the effects of dumping causing or threatening to cause material injury to Mainland Tanzania industry; and (c) there exists a causal link between the injury to the industry and the dumping or subsidization of goods. (3) The countervailing measures provided for in subsection (1) shall be imposed after the Committee determines that- (a) there is a financial assistance of the government or any public body of the exporting country which include - (i) a government practice which involves a direct transfer of funds (such as grants, loans and equity infusion), potential direct transfers of funds or liabilities (loan guarantees); (ii) where government revenue that is otherwise due is not collected; (iii) where a government provides goods or services other than general infrastructure, or purchases goods; (iv) where a government makes payments to a funding mechanism, or entrusts or directs a private body to carry out one or more o f the type o f functions illu s tr a te d in paragraph (iii) above w hich would normally be vested in the government and the practice, in no real sense, differs from practices normally followed by governments; (v) where there is any form of income or price support which operates directly or indirectly to distort compe tition by favouring certain undertakings or the pro duction of certain goods in the exporting country; or (vi) where a benefit is conferred; and (vii) where there is any form of income or price support. No. 1 Anti-Dumping and Countervailing Measures 2004 (b) the support results in the sale of such product for export at a lower price than the comparable price charged for the like product to buyers in the country of origin; (c) the support leads to the increase of exports of product into Mainland Tanzania; and (d) only specific firms and enterprises or industries are targeted to receive such support. - 11 Verify source ↗
(1) The norm al value o f the investigated product shall be
AI-assisted research summary: Normal value for the investigated product is to be based on the price paid or payable in the ordinary course of trade in the country of export, with stated exceptions.
11.-(1) The norm al value o f the investigated product shall be established on the basis of the price paid or payable in the ordinary course of trade in the country of export: Determi- nation o f normal value Provided that, the provisions of subsection (1) shall not apply in cases where the investigated products- (a) are not produced in the country of export; (b) are merely transhipped through the country of export from the country of origin; or (c) have no comparable price for such products in the country of * export. (2) Notwithstanding the provisions of subsection (1), sales made to related customers shall not be considered as made in the ordinary course of trade unless it is demonstrated to the Committee that such sales are made at arms length. - 12 Verify source ↗
W here the Com m ittee upon investigation conducted in
AI-assisted research summary: If the Committee finds an investigated product is sold in Mainland Tanzania below normal value, it must conclude the product is dumped.
12. W here the Com m ittee upon investigation conducted in acco rd an ce w ith this Act finds that the investigated product is introduced into Mainland Tanzania market at a price below its normal value, the Committee shall conclude that such product is dumped into the country market. Determ i nation o f dum ping - 13 Verify source ↗
(1) Where there are no sales of the like product in the ordinary
AI-assisted research summary: The provision sets rules for calculating dumping margins when normal domestic sales data are unavailable or unsuitable, and gives the Committee power to decide certain case-specific timing and cost-recovery issues.
13.—(1) Where there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country, or where such sales do not perm it a proper com parison because o f the particular market situation or the low volume of the sales in the domestic market of the exporting country, the margin of dumping shall Where there are no sales or like products, etc. * ^ be determined by- 493 No. 1 Anti-Dumping and Countervailing Measures 2004 (a) comparison with a comparable price of the like product when exported to an appropriate third country where such price is representative; or (b) comparison with the cost of production in the country of origin plus a reasonable amount for administrative, sale, and any other costs and profits: Provided that, another ratio may be applied where the evidence submitted by interested parties or otherwise available, d em o n strates that domestic sales at such lower ratio are nonetheless of sufficient magnitude to provide a proper comparison. (2) A price shall be considered as representative under this Act where the sales of the investigated product in a third country constitute less than five percent of the sales of the product in Mainland Tanzania. Sales not in ordi nary course o f trade Sales of the like product in the domestic market of the exporting country; or sales to a third country at prices below per unit fixed and variable costs or production plus sale, general and administration costs may be treated as not being in the ordinary course o f trade by reason of price and such sales may be disregarded ir determining normal value where the Committee determines that such sales were made: ' r -f (a) within period of one year but not less than six months; (b) in substantial quantities; and (c) at prices which do not provide for recovery o f all costs within a reasonable period of time, in which case the Committee shall determine in each case what should be considered as a reasonable period of time for the recovery of all costs. (2) For the purposes of this section, sales below per unit costs shall be considered as made in substantial quantities where the Committee establishes that: (a) the weighted average selling price of the transactions under consideration for the determination of the normal value is below the weighted average unit costs; or (b) the volume of sales below per unit costs represents twenty percent or more of the volume sold in transactions under consideration for the determination of the normal value. ^ 494 2004 C alcula tion o f cost o f produc tion in exporting country A scertai ning amounts o f adm i nistrative, selling and general costs No. 1 Anti-Dumping and Countervailing Measures - 15 Verify source ↗
(1) Costs of production shall be calculated on the basis of
AI-assisted research summary: Costs of production must be based on the exporter’s or producer’s records if those records follow the exporting country’s accounting principles and reasonably reflect production and sales costs.
15.—(1) Costs of production shall be calculated on the basis of records kept by the exporter or producer under investigation, provided that, such records are in accordance with the generally accepted accounting principles of the exporting country and reasonably reflect the costs associated with the production and sale of the product under consideration. (2) The committee shall consider all available evidence on the proper allocation of costs, including that which is made available by the exporter or producer in the course of the investigation provided that, such allocations have been historically utilized by the exporter or producer, in particular in relation to establishing appropriate amortization and depreciation periods and allowances for capital expenditures and other development costs. (3) Unless already reflected in the cost allocations under this section, costs shall be adjusted appropriately for those non-recurring items of costs which benefit future and current production, or for circumstances in which costs during the period of investigation are affected by start-up operations. (4) T he a d ju stm e n t m ad e for start-up op eratio n s shall re fle ct the costs at the end o f th e start-u p p erio d or, i f that p erio d ex ten d s b eyond the p erio d o f in v estig atio n , the m ost recen t costs w h ic h can reaso n a b ly be tak en into a c c o u n t by the au th o rities d urin g the inv estig atio n . - 16 Verify source ↗
(1) The amounts of administrative, selling and general costs and
AI-assisted research summary: The amounts of administrative, selling and general costs, and profits, must be based on actual data from the exporter’s or producer’s ordinary trade in the like product.
16.—(1) The amounts of administrative, selling and general costs and of profits under this Act shall be based on actual data pertaining to production and sales in the ordinary course of trade of the like product by the exporter or producer under investigation. (2) Where such amounts cannot be determined on this basis, the amounts may be determined on the basis of: (a) the actual amounts incurred and realized by the exporter or producer in question in respect of production and sales in the domestic market of the country of origin of the same general category of products; and (b) the weighted average of the actual amounts incurred and realized by the other exporters or producers subject to in v e stig a tio n in respect of production and sales of f;he like product in the domestic market of the country of origin. No. 1 C alcula tion o f export price C om pa rison o f export price and normal value adjust ment Anti-Dumping and Countervailing Measures 2004 - 17 Verify source ↗
W here there is no export price or where it appears to the
AI-assisted research summary: If there is no export price, or the export price is unreliable, the Committee may use a resale-based or other reasonable basis to construe it.
17. W here there is no export price or where it appears to the Committee that the export price is unreliable because of association or a third party, the export price may be construed on the basis of the price at which the imported products are first resold to an independent buyer, or if the products are not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as the Committee may determine. - 18 Verify source ↗
* 1) A fair comparison shall be made between the export price
AI-assisted research summary: The Committee must compare export price and normal value fairly, adjust for factors that affect comparability, and avoid imposing an unreasonable burden of proof on the parties.
18.-* 1) A fair comparison shall be made between the export price and the norm al value, at the same level of trade, norm ally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. (2) In making the comparison, due allowance shall be made in each case, on its merits, for differences which affect price comparability, including - (a) differences in conditions and terms of sale; (b) taxation; (c) levels of trade; (d) quantities; (e) physical characteristics; and (f) any other differences which are also demonstrated to affect price comparability. (3) Where the export price is construed on the basis of the price at which the imported products are first resold to an independent buyer, allowances for costs, including duties and taxes incurred between im portation and resale, and for profits arising from im portation and distribution shall also be made. (4) Where price comparability has been affected, the Committee shall establish the normal value at a level of trade of the constructed export price, or shall make due allowance as warranted under this section. (5) The Committee shall indicate to the parties in question what information is necessary to ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties. No. 1 Anti-Dumping and Countervailing Measures - 19 Verify source ↗
(1) W here the price com parison requires a conversion
AI-assisted research summary: If a price comparison needs currency conversion, use the exchange rate on the date of sale.
19.—(1) W here the price com parison requires a conversion o f currencies, such conversion shall be made using the rate of exchange on the date of sale as available from the exporter or from commercial banks in the country of export. (2) The date of sale shall be the date on which the material terms of the sale, the nature of products, quantities and price are established, either in a contract, a purchaser order, and order confirmation of an invoice. 2004 Currency conver sion - 20 Verify source ↗
(1) Subject to the provisions of this Act, the existence o f
AI-assisted research summary: This section sets how dumping margins are established during an investigation, using a weighted-average comparison rule, with a limited alternative comparison allowed in some cases.
20.—(1) Subject to the provisions of this Act, the existence o f margins of dumping during the investigation phase shall be established on the basis of a comparison of a weighted average normal value with a w eighted average o f prices of all com parable export on a transaction-to-transaction basis. M argin o f dum ping during the investi gating phase (2) A normal value established on a weighted average basis may be compared to prices of individual export transaction if the Committee finds a pattern of export prices which differ significantly among different purchasers, regions or time periods, and if a reasonable explanation is provided as to why such differences cannot be taken into account appropriately by the use of a weighted average-to-transaction comparison. - 21 Verify source ↗
(1) Where products are not imported directly from the country
AI-assisted research summary: If products are exported to Mainland Tanzania via an intermediate country, their sale price from the export country is normally compared with the comparable price in that export country.
21.—(1) Where products are not imported directly from the country of origin but are exported to Mainland Tanzania from an intermediate country, the price at which the products are sold from the country of export to Mainland Tanzania shall normally be compared with the comparable price in the country of export. (2) A com parison may be made with the price in the country o f origin, if the products are merely transshipped through the country of export, or such products are not produced in the country of export, or there is no comparable price for them in the country of export. D eterm i nation o f price o f products from interm e diate country - 22 Verify source ↗
Section 22
AI-assisted research summary: If the listed conditions are met in a subsidization investigation, the Committee must advise the Minister to impose countervailing measures.
22. In an investigation under this Act into allegations o f subsidization, the Committee shall advise the Minister to impose countervailing measures where - (a) the a lleg atio n s relate to in v estig ated p ro d u c ts w h ich b e n e fit from a subsidy; 497 Determ i nation o f injurious subsidies No. 1 Anti-Dumping and Countervailing Measures 2004 U____ _________ (b) the alleged subsidy is specific to an enterprise or an industry or a group o f enterprises or industries, located within a designated geographical area of the granting government, and countervailable within the meaning of this Act; and (c) the investigated products are, through, the effect o f subsidization, likely to cause material injury to the local industry. PART IV D e t e r m in a t io n o f In ju r y Exam ina tion o f volum e o f dum ped or subsi dized imports and their effect on produ ction and price Exam ina tion o f volume o f dumped or subsi dized imports Sim ulta neous investiga tion
Part
PART IV
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Examination of volume of dumped or subsidized imports and
AI-assisted research summary: This section concerns examining the volume of dumped or subsidized imports and their effect on production and price.
23. Examination of volume of dumped or subsidized imports and their effect on production and price. - 24 Verify source ↗
Examination of volume of dumped or subsidized imports
AI-assisted research summary: This section concerns examination of the volume of dumped or subsidized imports.
24. Examination of volume of dumped or subsidized imports. - 26 Verify source ↗
Causal link
AI-assisted research summary: 26. Causal link. PA RT V In it ia t io n o f In v e s t ig a t io n
26. Causal link. PA RT V In it ia t io n o f In v e s t ig a t io n - 27 Verify source ↗
Application for the initiation of investigation
AI-assisted research summary: This section concerns applications for the Committee to initiate an investigation.
27. Application for the initiation of investigation. Initiation of investigation by the Committee. - 29 Verify source ↗
Decision to initiate an investigation
AI-assisted research summary: This section is titled “Decision to initiate an investigation.”
29. Decision to initiate an investigation. - 30 Verify source ↗
Rejection and termination of investigation
AI-assisted research summary: This section is about when an investigation may be rejected or terminated.
30. Rejection and termination of investigation. - 32 Verify source ↗
Ascertaining the volume of dumped or subsidized imports
AI-assisted research summary: This section is about determining the volume of dumped or subsidized imports.
32. Ascertaining the volume of dumped or subsidized imports. - 33 Verify source ↗
Threat of Material injury
AI-assisted research summary: This section is titled “Threat of Material injury” and appears under provisions relating to evidence.
33. Threat of Material injury. PART VI P r o v is io n s R e l a t in g t o E v id e n c e - 23 Verify source ↗
A determination of injury shall be based on positive evidence
AI-assisted research summary: A determination of injury must be based on positive evidence and an objective examination of import volume, price effects, and the impact on local producers.
23. A determination of injury shall be based on positive evidence and shall involve an objective examination of- (a) the volume of the dumped or subsidized imports and the effect of the dumped or subsidized imports on prices in the market for like products; and (b) the consequent impact of these imports on the local (domestic) producers of such products. - 24 Verify source ↗
In determining the volume of dumped or subsidized imports, the
AI-assisted research summary: The Committee must consider whether dumped or subsidized imports have increased significantly, either absolutely or relative to production or consumption.
24. In determining the volume of dumped or subsidized imports, the Committee shall consider whether there has been a significant increase in dumped or subsidized imports, either in absolute or relative terms to production or consumption. - 25 Verify source ↗
(1) The Committee may cumulatively assess the effects of such
AI-assisted research summary: The Committee may cumulatively assess the effects of imports if specified dumping or subsidization and volume conditions are met, and if a cumulative assessment is appropriate based on competition conditions.
25.—(1) The Committee may cumulatively assess the effects of such imports only if they determine that: (a) the margin of dumping or subsidization established in relation to the imports from each country is less than two per cent of the export price and the volume of imports from eatfh country is not negligible; and (b) a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product. 498 No. 1 Anti-Dumping and Countervailing Measures 2004 (2) The volume of dumped or subsidized imports shall normally be regarded as negligible if such imports from a particular country is found to account for less than three per cent of imports of the like product in the country, unless countries which individually account for less than three per cent of the imports of the like product in the country collectively account for more than seven per cent of imports of the like product in the country. - 26 Verify source ↗
The Committee shall base its demonstration of causal relationship
AI-assisted research summary: The Committee must base its finding of causal relationship on an examination of all relevant evidence.
26. The Committee shall base its demonstration of causal relationship between the dumped or subsidized investigated products and the injury to the country industry on an examination of all relevant evidence before the Committee, including- Causal link (a) the volume and prices of imported products identical to the investigated products which are not under investigation within the meaning of this Act; (b) the change in demand or patterns of consumption of the investigated product; (c) the existence of trade restrictive practices and competition between the foreign and the producers of the investigated product; and (d) the development in technology and the export performance and productivity of the industry. PART V IN IT IA T IO N O F IN V E S T IG A T IO N
Part
PART VI
- 36 Verify source ↗
Provision of information about investigation
AI-assisted research summary: This section is about providing information for an investigation.
36. Provision of information about investigation. - 40 Verify source ↗
Failure to provide information within reasonable time
AI-assisted research summary: This section concerns failing to provide information about essential facts within a reasonable time.
40. Failure to provide information within reasonable time. Information about essential facts under consideration. - 41 Verify source ↗
Section 41
AI-assisted research summary: Section 41 is titled “Investigation in the exporting country.”
41. Investigation in the exporting country. No. 1 Anti-Dumping and Countervailing Measures 2004 - 42 Verify source ↗
Section 42
AI-assisted research summary: An individual margin must be determined for each known exporter or producer.
42. Individual margin to be determined for each known exporter or producer. - 43 Verify source ↗
Users and representative to provide information
AI-assisted research summary: This section concerns users and a representative providing information.
43. Users and representative to provide information. - 44 Verify source ↗
Difficulty in supplying information
AI-assisted research summary: This section is about difficulty in supplying information.
44. Difficulty in supplying information. - 45 Verify source ↗
Procedures not intended to prevent expeditious proceedings
AI-assisted research summary: This section is titled “Procedures not intended to prevent expeditious proceedings.”
45. Procedures not intended to prevent expeditious proceedings. PA RT V II P r o v is io n a l M e a s u r e s - 46 Verify source ↗
Provisional measures may be applied
AI-assisted research summary: Provisional measures may be applied.
46. Provisional measures may be applied. - 48 Verify source ↗
Application for provisional measures
AI-assisted research summary: Section 48 is titled “Application for provisional measures” and appears in Part VIII on price undertakings.
48. Application for provisional measures. PART VIII P r ic e U n d e r t a k in g s - 34 Verify source ↗
Section 34
AI-assisted research summary: The Committee must notify interested parties of the information it needs, and interested parties may present evidence in writing. If information is directly requested from exporters or foreign producers in an anti-dumping or subsidization investigation, they must be given at least 30 days to reply, and the time may be extended for reasonable cause.
34. The Com m ittee shall provide the interested parties to the investigation with notice of the information it requires. 3 5 .—(1) In te re ste d parties shall h av e a rig h t to p re se n t e v id en ce in w ritin g in re sp e c t o f the in v e stig a tio n in q uestion. N otifica tion o f interested parties Right to present evidence 502 No. 1 Anii-Dumping and Countervailing Measures 2004 (2) Where information to be used in an anti-dumping or subsidization investigation is directly requested from the exporters of foreign produc ers, such exporters or foreign producers shall be given at least thirty days to reply, and such period may be extended for reasonable cause. (3) For the purposes of subsection (2), the time limit for the exporters or foreign producers shall be counted from the date of receipt of the questionnaire, which for this purpose shall be deemed to have been received one week from the date on which it was sent to them or transmitted to the appropriate diplomatic representative of the export ing country. - 36 Verify source ↗
( 1) As soon as an investigation is initiated, the Committee shall
AI-assisted research summary: When an investigation starts, the Committee must share the full written application with specified parties, with a narrower distribution rule if many exporters are involved.
36.-( 1) As soon as an investigation is initiated, the Committee shall provide the full text of the written application received- (a) to the known exporters; (b) to the M inistry responsible for foreign affairs, o f the exporting country; and (c) to other interested parties involved, upon request. (2) Where a number of exporters involved is particularly high, the full text of the written application shall be provided only to the ministry responsible for foreign affairs of the exporting country or the relevant associations. (3) Notwithstanding the provision of subsection (2), information, presented in writing by the interested parties may be made available promptly to other interested parties participating in the investigation. Provision o f infor mation about investi gation - 37 Verify source ↗
(1) Any information which is by its nature confidential or
AI-assisted research summary: Confidential information in an investigation must be treated as confidential, cannot be disclosed without permission, and must be summarized when provided confidentially.
37.—(1) Any information which is by its nature confidential or which is provided on a confidential basis by parties to an investigation shall, upon good cause shown, be treated as such by Committee. C onfide ntiality (2) Where information is provided on a confidential basis by a party to an investigation, unless sufficient cause is shown, such information shall not be disclosed without specific permission of the party submitting it. (3) Where information is provided under subsection (2), the interested parties providing the confidential inform ation shall furnish on confidential summaries thereof. 503 No. 1 Anti-Dumping and Countervailing Measures 2004 (4) Summaries shall be in sufficient detail to permit, understanding of the substance of the information submitted in confidence however, such parties may indicate that such information is not susceptible to summary ai d in that case a statement of the reasons why summarization is not possible shall be provided. (5) Where the Committee finds that a request for confidentiality is not warranted and if the supplier of the information is either unwilling to make the information public or to authorize disclosure in generalized on summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction that the information is correct. Verifica tion o f inform a tion - 38 Verify source ↗
The Committee may carry out such investigations as may be
AI-assisted research summary: The Committee may investigate information or obtain further details, but only with prior consent from the product producers and the governments of the relevant countries.
38. The Committee may carry out such investigations as may be necessary to verify information provided to it or to obtain further details of the same: Provided that, such investigations shall be carried out with the prior consent of the producers of the investigated products and the governments of the respective countries. Investiga tion in the exporting country - 39 Verify source ↗
(1) The Committee may, carry out investigations in the exporting
AI-assisted research summary: The Committee may investigate in the exporting country if the government representatives’ consent is notified. It must provide investigation results to the firms concerned, and it may also share them with applicants, subject to protection of information. The Minister may prescribe investigation procedures by regulations.
39.—(1) The Committee may, carry out investigations in the exporting country provided that the consent of the representatives of the government of the country in question is notified. (2) Subject to the requirement for protection of information, the Committee shall make the results of any such investigations available, or shall provide disclosure thereof, to the firms to which they pertain and may make such results available to the applicants. (3) The M inister may by regulations prescribe procedures for investigation to be carried out by the Committee in the exporting country. - 40 Verify source ↗
Where any interested party refuses access to, or otherwise does
AI-assisted research summary: If an interested party refuses access or does not provide necessary information, determinations may be made using the facts available.
40. Where any interested party refuses access to, or otherwise does not provide necessary inform ation within a reasonable period or investigation, preliminary and final significantly determinations, affirmative or negative, may be made on the basis of the facts available. impedes the Failure to provide inform a tion within reaso nable time 504 2004 Inform a tion about essential facts under considera tion Individual margin to be deter mined for cach known exporter or producer No. 1 Anti-Dumping and Countervailing Measures - 41 Verify source ↗
The Committee shall, before a final determination is made,
AI-assisted research summary: The Committee must inform interested parties of the essential facts it is considering before making a final determination.
41. The Committee shall, before a final determination is made, inform all interested parties of the essential facts under consideration which form the basis for the decision whether to apply definitive measures; such disclosure shall take place in sufficient time for the parties to defend their interests. - 42 Verify source ↗
(1) The Committee shall, determine an individual margin of
AI-assisted research summary: The Committee must determine an individual dumping or subsidization margin for each known exporter or producer, and it may limit its examination when there are too many parties or products.
42.—(1) The Committee shall, determine an individual margin of dumping or subsidization for each known exporter or producer concerned of the product under investigation. (2) In cases where the number of exporters, producers, or types of products involved is so large as to make such a determ ination the Com m ittee may lim it their exam ination im practicable, either by a reasonable number of interested parties or products by using samples which are statistically valid on the basis of information available to it at the time of the selection, or to the largest percentage of the volume of the exports know the country in question which can reasonably be investigated. (3) Any selection of exporters, producers, importers or types of products made under subsection (2) shall preferably be chosen in c o n su lta tio n with the exporters, producers or importers concerned. (4) Where the Committee limits their examination as provided for under subsection (2), it shall nevertheless determine an individual margin of dumping or subsidization for any exporter or producer not initially selected who submits the necessary information in time for that information to be considered dumping or subsidization in the course of the investigation, except where the number of exporters or producers is so large that individual examinations would be unduly burden to the Committee and would prevent the timely completion of the investigation. - 43 Verify source ↗
Section 43
AI-assisted research summary: Where a product is commonly sold at retail, industrial users and representative consumer organizations have the right to submit information relevant to the investigation.
43. In cases where the product is commonly sold at the retail level, industrial users of the product under investigation and representative consumer organizations shall have the right to provide information which is relevant to the investigation regarding dumping, subsidization, injury and causality. 505 Users and represen tative to provide inform a tion No. 1 Difficulty in supp lying inform a tion Procedu res not intended to prevent expedi tious pro ceedings Provisi onal measures m ay be applied Forms o f provisi onal measures Anti-Dumping and Countervailing Measures 2004 - 44 Verify source ↗
The Committee shall give due regard of any difficulties experi
AI-assisted research summary: The Committee must consider difficulties faced by interested parties, especially small companies, when they supply requested information, and must provide practicable assistance.
44. The Committee shall give due regard of any difficulties experi enced by interested parties, in particular small companies, in supplying information requested, and shall provide any assistance practicable. - 45 Verify source ↗
The procedures set out in this Part shall not be construed as
AI-assisted research summary: This provision says the procedures in this Part should not be read as stopping the Committee from starting an investigation quickly or from making preliminary or final determinations and applying provisional or final measures under the Act.
45. The procedures set out in this Part shall not be construed as intended to prevent the Committee from proceeding, expeditiously with regard to initiating an investigation, reaching prelim inary or fin a l d eterm in atio n s, w hether affirm ative cr negative, or from applying provisional or final measures, in accordance with relevant provisions of this Act. PART VII P r o v is io n a l M e a s u r e s
Part
PART VIII
- 49 Verify source ↗
Suspension or term ination o f provisional m easures or an ti
AI-assisted research summary: This section is about suspending or ending provisional measures or anti-dumping or countervailing duties.
49. Suspension or term ination o f provisional m easures or an ti dumping or countervailing duties. - 50 Verify source ↗
Preliminary affirmative determination to price undertaking
AI-assisted research summary: This section is titled “Preliminary affirmative determination to price undertaking.”
50. Preliminary affirmative determination to price undertaking. - 51 Verify source ↗
Committee not bound to accept undertaking
AI-assisted research summary: The Committee is not required to accept an undertaking.
51. Committee not bound to accept undertaking. - 52 Verify source ↗
Investigation to cease where an undertaking is accepted
AI-assisted research summary: The provision heading indicates that an investigation should stop when an undertaking is accepted.
52. Investigation to cease where an undertaking is accepted. - 53 Verify source ↗
Exporter not bound to accept price undertaking
AI-assisted research summary: An exporter is not required to accept a price undertaking.
53. Exporter not bound to accept price undertaking. - 54 Verify source ↗
Periodic information in respect of undertaking
AI-assisted research summary: Section 54 is titled “Periodic information in respect of undertaking.”
54. Periodic information in respect of undertaking. PART IX Im p o s it io n a n d C o l l e c t io n o f A n t i-D u m p in g a n d C o u n t e v a il in g D u t ie s
Part
PART IX
- 55 Verify source ↗
Imposition of anti-dumping or countervailing duties on a product
AI-assisted research summary: This section concerns imposing anti-dumping or countervailing duties on a product.
55. Imposition of anti-dumping or countervailing duties on a product. - 56 Verify source ↗
Collection of anti-dumping or countervailing duties imposed on a
AI-assisted research summary: This section concerns the collection of anti-dumping or countervailing duties on a product.
56. Collection of anti-dumping or countervailing duties imposed on a product. - 57 Verify source ↗
Amount of anti-dumping or countervailing duty to be levied
AI-assisted research summary: This section is about the amount of anti-dumping or countervailing duty to be levied.
57. Amount of anti-dumping or countervailing duty to be levied. - 58 Verify source ↗
Anti-dumping or countervailing duty where number of exporters,
AI-assisted research summary: This section concerns anti-dumping or countervailing duty where the number of exporters, importers, producers, etc. is large.
58. Anti-dumping or countervailing duty where number of exporters, importers, producers, etc. is large. - 59 Verify source ↗
Anti-dumping or countervailing duties on products within
AI-assisted research summary: This provision is titled “Anti-dumping or countervailing duties on products within Mainland Tanzania” and is followed by the heading “Part X Retroactivity Provisions.”
59. Anti-dumping or countervailing duties on products within Mainland Tanzania. PART X R e t r o a c t iv it y P r o v is io n s - 55 Verify source ↗
(1) The decision whether or not to impose an anti-dumping or
AI-assisted research summary: The Minister decides whether to impose an anti-dumping or countervailing duty, and whether it will equal the full margin or be set lower, after the Committee’s advice.
55.—(1) The decision whether or not to impose an anti-dumping or countervailing duty in cases where all requirements for the imposition have been fulfilled, and the decision whether the amount of the anti dumping or countervailing duty to be imposed shall be the full margin of dumping or subsidization or less, shall be made by the Minister on advise of the Committee. Imposi- tion o f anti dum ping or coun tervailing duties on a product <a) Where a decision to impose an ti-d u m p in g or countervailing duty tV»e margin if SUCh lesser is made, the duty imposed Shall Oc leas duty would be adequate to remove the injury to the domestic. - 56 Verify source ↗
(1) Where anti-dumping or countervailing duty is imposed in
AI-assisted research summary: When an anti-dumping or countervailing duty is imposed, it must be collected in proper amounts and on a non-discriminatory basis, with the Committee naming the supplier(s) unless naming all is impracticable. The duty cannot exceed the dumping or subsidization margin, and refund-related time limits apply.
56.—(1) Where anti-dumping or countervailing duty is imposed in respect of any product, such duty shall be collected in the appropriate amounts in each case, on a non-discriminatory basis on imports of such product from all sources found to be dumped or subsidized and causing injury. (2) The provisions of subsection (1) shall not apply to imports of a product from a source from which price undertakings have been accepted under the terms set out in Part VIII of this Act. (3) The Committee shall name the supplier or suppliers of the product in respect of which an anti-dumping or countervailing duty is imposed, except that where- Collection o f anti dum ping or counter vailing duties imposed on a product 509 No. 1 Anti-Dumping and Countervailing Measures 2004 Amount o f anti dumping or counter vailing duty to be levied (a) several suppliers from the same country are involved and it is impracticable to name all these suppliers, the Committee may name the supplying country concerned; (b) several suppliers from more than one country are involved, the Committee may name either all the suppliers involved, or, if this is impracticable, all the supplying countries involved. 5 7 .—(1 ) T h e am o u n t o f an ti-d u m p in g or co u n te rv a ilin g d u ty shall not ex c ee d the m argin o f d u m pin g or su b sid izatio n as esta b lish ed u n der P art III o f this A ct. (2) Where the amount of the anti-dumping or countervailing duty is assessed on a retrospective basis, unless an appeal has been made, determination of the final liability for payment of anti-dumping or countervailing duties shall take place as soon as possible, within twelve months, and not more than eighteen months, after the date on which a request for a final assessment of the amount of the anti-dumping or countervailing duty has been made. (3) Where the amount yf the anu-dumping or countervailing duty is a ssessed on a retrospective basis, provision shall be made for a prompt refund, upon request, to the importer, of any duty paid in less than margin of dumping or subsidization: Provided that, such refund shall be made promptly and normally in not more than ninety days following the determination of final liability made pursuant to this section, in any case, where a refund is not made within such days, the Committee shall provide an explanation, if so requested. (4) Where the amount of the anti-dumping or countervailing duty is assessed on a prospective basis, provision shall be made for a prompt refund, upon request to the government of any duty paid in excess of the margin of dumping or subsidization. (5) A refund under subsection (4) shall be made within twelve months, and in any case not exceeding eighteen months after the date on which a request for a refund, duly supported by evidence, has been made by an importer of the product subject to the anti-dumping or countervailing duty and such refund shall be made within ninety days from the day the decision was made. 510 •»* No. 1 Anti-Dumping and Countei'vailing Measures 2004 Anti dum ping or coun tervailing duty where num ber o f exporters, importers, producers, etc. is large - 58 Verify source ↗
Where the Committee has limited its examination in accordance
AI-assisted research summary: If the Committee limits its examination, duties on unexamined exporters or producers must not exceed specified benchmark amounts, and the Committee must ignore zero, insignificant, and certain section 30 margins for this purpose.
58. Where the Committee has limited its examination in accordance with Part VI of this Act, any anti-dumping or subsidization duty applied to imports from exporters or producers not included in the examination shall not exceed: (a) the weighted average margin of dumping established with respect to the selected exporters or producers, or (b) where the liability for paym ent o f anti-dum ping or countervailing duties is calculated on the basis of a prospective normal value, the difference between the weighted average normal value of the selected exporters or producers and the export prices of exporters or producers not individually examined, provided that, the Committee shall disregard for the purpose of this paragraph any zero and insignificant margins and margins established under the circumstances referred to in section 30; or (c) the Com m ittee shall apply individual duties or norm al v alu es to im ports from any exporter or producer not in c lu d e d in the exam ination who has provided the necessary information during the course of the investigation, as provided for under this Act. - 59 Verify source ↗
(1) Where a product is subject to anti-dumping duties, the
AI-assisted research summary: If a product is subject to anti-dumping duties, the Committee must quickly review it, exporters or producers must show they are not related to covered exporters or producers, and duties cannot be levied while the review is pending.
59.—(1) Where a product is subject to anti-dumping duties, the Com m ittee shall prom ptly carry out a review for the purpose o f determining individual margins of dumping or subsidization for any exporters or producers in the exporting country in question who have not exported the product to Mainland Tanzania during the period of investigation: Anti- mping r coun tervailing duties on products within Mainland Tanzania Provided that, exporters or producers shall be required to prove that they are not related to any of the exporters or producers in the or exporting country who are subject to the anti-dum ping countervailing duties on the product. (2) Such a review shall be initiated and carried out on an accelerated basis, compared to normal duty assessment and review proceedings. (3) Subject to the provisions of subsection (1), no anti-dumping or countervailing duties shall be levied on imports from such exporters or producers while the review is being carried out or where the 511 No. 1 Anti-Dumping and Countervailing Measures 2004 Com m ittee, withhold appraisement and, or request guarantees to ensure that, should such a review result in a determ ination of dum ping or subsidization in respect of such producers or exporters, anti-dumping or countervailing duties can be levied retroactively to the date of the initiation of the review. When pro visional m easures and anti dum ping or counter vailing duties to apply PART X RETROACTIVITY PROVISIONS
Part
PART X
- 60 Verify source ↗
When provisional measures and anti-dumping or countervailing
AI-assisted research summary: This section concerns when provisional measures and anti-dumping or countervailing duties apply.
60. When provisional measures and anti-dumping or countervailing duties to apply. - 61 Verify source ↗
Definitive anti-dumping or countervailing duty to be levied
AI-assisted research summary: A definitive anti-dumping or countervailing duty is to be levied.
61. Definitive anti-dumping or countervailing duty to be levied. - 62 Verify source ↗
Other measures to be taken by the Committee
AI-assisted research summary: This section is titled “Other measures to be taken by the Committee.”
62. Other measures to be taken by the Committee. No. 1 Anti-Dumping and Counten>ailing Measures 2004 PART XI D u r a t io n a n d R e v ie w o f A n t i-D u m p in g o r C o u n t e r v a il in g D u t ie s a n d P r ic e U n d e r t a k in g s - 60 Verify source ↗
(1) Provisional measures and anti-dumping or countervailing
AI-assisted research summary: Provisional anti-dumping or countervailing measures apply only to later imports, and later determinations can require refunds, releases, or limited retroactive duty treatment.
60.—(1) Provisional measures and anti-dumping or countervailing duties shall only be applied to products which enter the local market for consumption after the time when the decision made by the Committee following the procedure laid down in Parts V and VI and any other relevant provision of this Act. (2) Where a final determination of injury, but not of a threat thereof or of a material retardation of the establishment of an industry, is made or, in the case of a final determination of a threat of injury, where the effect of the dumped or subsidized imports would, in the absence of the provisional m easures, have led to a determ ination o f injury, anti-dumping or countervailing duties may be levied retroactively for the period for which provisional measures, if any, have been applied. (3) Where the definitive anti-dumping or countervailing duty is h ig h e r than the provisional duty paid or payable, or the am ount estim ated fo r the purpose of the security, the difference shall not be collected, however, if the definitive duty is low er than the p ro v isio n a l duty paid or payable, or the am ount estim ated for the purpose of the security, the difference shall be reimbursed or the duty recalculated, as the case may be. (4) Except as provided for under subsection (2), where a determi-nation of threat of injury or material retardation is made and no injury has yet occurred, a definitive anti-dumping or countervailing duty may be imposed only from the date of the determination of threat of injury, or the material deposit made during the period of the application of provisional measures shall be refunded and any bonds shall be released in an expeditious manner. 512 No. 1 Anti-Dumping and Countervailing Measures 2004 (5) Where a final determination is negative, any cash deposit made during the period of the application of provisional measures shall be refunded and any bonds shall be released in an expeditious manner. - 61 Verify source ↗
(1) A definitive anti-dumping or countervailing duty may be
AI-assisted research summary: A definitive anti-dumping or countervailing duty may be levied on products entered for consumption within 90 days before provisional measures, if the Committee is satisfied about dumping or subsidization, injury, and related import conditions.
61.—(1) A definitive anti-dumping or countervailing duty may be levied on products which were entered for consumption not more than ninety days prior to the date of application of provisional measures, when the Committee is satisfied in respect of the dumped or subsidized product that: Definitive anti-du mping or counter vailing duty to be levied (a) there is a history of dumping or subsidization which caused injury or that the importer was, or should have been aware that the exporter practices dumping or subsidization and that such dumping or subsidization would cause injury; and (b) the injury is caused by massive dumped or subsidized imports of a product in a relatively short time which in light of the timing and the volume of the dumped or subsidized imports and other circumstances such as a rapid build-up of inventories of the imported product is likely to seriously undermine the remedial effect of the definitive anti-dumping or countervailing duty to be applied, provided that the importers concerned have been given an opportunity to comment. - 62 Verify source ↗
(1) The Committee may, after initiating an investigation, take
AI-assisted research summary: After starting an investigation, the Committee may take measures such as withholding appraisement or assessment to collect anti-dumping or countervailing duties retroactively, if it has sufficient evidence that section 55’s conditions are met.
62.—(1) The Committee may, after initiating an investigation, take ouch measures as the withholding of appraisement or assessment as may be necessary to collect anti-dumping or countervailing duties retroactively, as provided for in section 55 once they have sufficient evidence that the conditions set forth in that section are satisfied. Other m easures to be taken by the C om m i ttee (2) No duties shall be levied retroactively pursuant to section 55 on products entered for consumption prior to the date of initiation of the investigation. PARTY XI D u r a t io n a n d R e v ie w o f A n t i-D u m p in g o r C o u n t e r v a il in g D u t ie s a n d P r ic e U n d e r t a k in g s - 63 Verify source ↗
Section 63
AI-assisted research summary: Anti-dumping or countervailing duties stay in force only while needed to counter dumping or subsidization and injury.
63. Any anti-dumping or countervailing duty shall remain in force only as long as the anti-dumping or subsidization practice continues to counteract dumping or subsidization and to the extent necessary w h ich is ca u sin g injury. 513 Duration o f anti dum ping or coun tervailing duty No. 1 Anti-Dumping and Countervailing Measures 2004 Review o f anti dum ping or coun tervailing duty - 64 Verify source ↗
(1) The Committee shall review the need for the continued
AI-assisted research summary: The Committee must review whether a duty should continue, and any interested party may request that review. If the Committee decides the duty is no longer warranted, it must end it immediately.
64.—(1) The Committee shall review the need for the continued imposition o f the duty, where warranted, on their own initiative or, provided that a reasonable period o f time has elapsed since the imposition of the definitive anti-dumping or countervailing duty, upon request by any interested party which submits positive information substantiating the need for a review. (2 Any interested party shall have the right to request the Committee whether the continued imposition of the duty is necessary to offset dumpin0 or subsidization, whether the injury would be likely to continue or recur if the duty were removed or varied, or both (3) Where, as a result of te review under this section, the Committee determines that the anti-dumping or countervailing duty is no longer warranted, it shall be terminated immediately. - 65 Verify source ↗
(1) Notwithstanding the provisions of section 61, any definitive
AI-assisted research summary: Definitive anti-dumping or countervailing duties must end no later than five years after they are imposed, subject to review-based termination rules.
65.—(1) Notwithstanding the provisions of section 61, any definitive anti-dumping or countervailing duty shall be terminated on a date not later than five years from its imposition. (2) Anti-dumping or countervailing duty shall also be terminated from the date of the most recent review conducted under section 64 if that review has covered both dumping or subsidization and injury, or under this section, unless the committee determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of continuation or recurrence of dumping or subsidization and injury. (3) The duty may remain in force pending the outcome of a review initiated under the provision of subsection (2). - 66 Verify source ↗
Section 66
AI-assisted research summary: Reviews under this Act must follow Part VI evidence and procedure rules, be handled expeditiously, and normally finish within 12 months of initiation.
66. The provisions of Part VI regarding evidence and procedure shall apply to any review carried out under this Act and any such review shall be carried out expeditiously and shall n o rm a lly be conclud ed w ithin tw elv e months of the date o f initiation of the review . - 67 Verify source ↗
The provisions of this Part shall apply mutatis mutandis to price
AI-assisted research summary: The provisions of this Part apply, with necessary changes, to price undertakings accepted under Part VIII.
67- The provisions of this Part shall apply mutatis mutandis to price undertakings accepted under Part VIII. 514 Term ina tion o f anti dum ping or coun tervail' ,g duty Provisions o f Part VI on proce dure and evidence to apply Provisions to apply to price under taking No. 1 Anti-Dumping and Countervailing Measures 2004 PART XII P u b l ic N o t ic e a n d E x p l a n a t io n o f D e t e r m in a t io n s
Part
PART XI
- 63 Verify source ↗
Duration of anti-dumping or countervailing duty
AI-assisted research summary: This section is about how long an anti-dumping or countervailing duty lasts, but the supplied text does not state the rule.
63. Duration of anti-dumping or countervailing duty. - 64 Verify source ↗
Review of anti-dumping or countervailing duty
AI-assisted research summary: This section is about reviewing anti-dumping or countervailing duty.
64. Review of anti-dumping or countervailing duty. - 65 Verify source ↗
Termination of anti-dumping or countervailing duty
AI-assisted research summary: This section is about ending an anti-dumping or countervailing duty.
65. Termination of anti-dumping or countervailing duty. - 66 Verify source ↗
Provisions of Part VI on procedure and evidence to apply
AI-assisted research summary: Part VI’s procedure and evidence rules apply.
66. Provisions of Part VI on procedure and evidence to apply. - 67 Verify source ↗
Provisions to apply to price undertaking
AI-assisted research summary: Section 67 is titled “Provisions to apply to price undertaking.”
67. Provisions to apply to price undertaking. PART XII P u b l ic N o t ic e a n d E x p l a n a t io n o f D e t e r m in a t io n s
Part
PART XII
- 68 Verify source ↗
Notification of interested parties and public notice
AI-assisted research summary: This section concerns notification of interested parties and public notice.
68. Notification of interested parties and public notice. - 69 Verify source ↗
Public notice on preliminary determination and other decisions
AI-assisted research summary: This section concerns public notice of a preliminary determination and other decisions.
69. Public notice on preliminary determination and other decisions. - 70 Verify source ↗
Public notice on imposition of provisional measures
AI-assisted research summary: This section is titled “Public notice on imposition of provisional measures.”
70. Public notice on imposition of provisional measures. - 71 Verify source ↗
Public notice on conclusion or suspension of an investigation
AI-assisted research summary: This section is about public notice when an investigation is concluded or suspended.
71. Public notice on conclusion or suspension of an investigation. - 72 Verify source ↗
P u blic n o tice on su sp en sio n o f an in v estig atio n
AI-assisted research summary: This section is about public notice when an investigation is suspended.
72. P u blic n o tice on su sp en sio n o f an in v estig atio n . - 73 Verify source ↗
This Part to apply to Parts IX and X
AI-assisted research summary: This section says that this Part applies to Parts IX and X.
73. This Part to apply to Parts IX and X. PART XIII M is c e l l a n e o u s P r o v is io n s - 68 Verify source ↗
(1) Where the Committee is satisfied that there is sufficient evidence
AI-assisted research summary: If the Committee has enough evidence to start an anti-dumping or subsidization investigation, it must notify the affected countries and interested parties and issue a public notice.
68.—(1) Where the Committee is satisfied that there is sufficient evidence to justify the initiation of an anti-dumping or subsidization investigation pursuant to Part V, the investigated country or countries the products of which are subject to such investigation and other interested parties known to have an interest therein shall be notified and a public notice shall be given. N otifica tion o f interested parties and public notice (2) A public notice of the initiation of an investigation shall contain, or otherw ise make available through a separate report, adequate information on the following: (a) the name o f the exporting country or countries and the product involved; (b) the date of initiation of the investigation; (c) the basis on which dumping or subsidization is alleged in the application; (d) a summary of the factors on which the allegation of injury is based; (e) the address to which representations by interested parties should be directed; and (f) the time-limits allowed to interested parties for making their views known. (3) Where the Committee provides information and explanations under the provisions of this section in a separate report, it shall ensure that such report is readily available to the public. - 69 Verify source ↗
(1) Public notice shall be given on any preliminary or final
AI-assisted research summary: Public notice must be given for certain anti-dumping and countervailing duty decisions and terminations.
69.—(1) Public notice shall be given on any preliminary or final determination, whether affirmative or negative, of any decision to accept an undertaking pursuant to Part VIII, of other termination of such an undertaking, and of the termination of a definitive anti-dumping or countervailing duty. (2) Each such notice shall set forth or make available through a separate report, in sufficient detail the findings and conclusions reached on all, issues o f fact and law considered m aterial by the committee. Public notice on prelim i nary determ i nation and other decisions 515 No. 1 Anti-Dumping and Countervailing Measures 2004 Public notice on im posi tion o f provisi onal measures - 70 Verify source ↗
(1)A public notice of the imposition of provisional measures
AI-assisted research summary: Public notices about provisional measures and investigation outcomes must include detailed reasons, facts, and law, while protecting confidential information.
70.—(1)A public notice of the imposition of provisional measures shall set forth, or make available through a separate report, sufficiently detailed explanations for the preliminary determinations on dumping or subsidization and injury and shall refer to the matters of fact and law which have led to arguments being accepted or rejected. (2) Such a notice or report shall take into consideration the requirement for the protection of confidential information, and shall contain in particular: (a) the names of the suppliers, or when this is impracticable, the supplying countries involved; (b) a description of the product which is sufficient for customs purposes; (c) the margins of dumping or subsidization established and a full explanation of the reasons for the methodology used in the establishment and comparison of the export price and the normal value as provided for under Part III; (d) considerations relevant to the injury determination as set out in this Act; and (e) the main reasons leading to the determination. Public notice on conclu sion or suspe nsion o f an investi gation 7 1.—(1) A public notice o f conclusion or suspension o f an investigation in the case of an affirmative providing for the imposition of a definitive duty or the acceptance of a price undertaking taking into consideration the protection o f confidential inform ation shall contain: (a) all relevant information on the matter of fact and law, and (b) reasons which have led to the imposition of final measures or the acceptance of a price undertaking. (2) In particular, such a notice or report shall contain the information described in the section on provisional measures, as well as the reasons for the acceptance or rejection of relevant arguments or claims made by the exporters and importers in the course of investigation. Public notice on suspen sion o f an investiga tion - 72 Verify source ↗
Section 72
AI-assisted research summary: A public notice ending or suspending an investigation after an undertaking is accepted must include, or make available in a separate report, the non-confidential part of the undertaking.
72. A public notice of the termination or suspension of an investiga tion following the acceptance of an undertaking pursuant to Part VIII shall include, or otherw ise make available through a separate report, the non-confidential part of this undertaking. 516 No. 1 Anti-Dumping and Countervailing Measures 2004 - 73 Verify source ↗
The provisions of this Part shall apply mutatis mutandis to the
AI-assisted research summary: This Part applies, with necessary changes, to the start and finish of reviews and to the retroactive application of duties under Part DC and Part X.
73. The provisions of this Part shall apply mutatis mutandis to the initiation and completion of reviews and application of duties retroactively pursuant to Part DC and Part X, respectively. This Part to apply to Parts IX and X PART XIII M is c e l l a n e o u s P r o v is io n s
Part
PART XIII
- 74 Verify source ↗
Application on behalf of a third country
AI-assisted research summary: This section is titled “Application on behalf of a third country.”
74. Application on behalf of a third country. - 77 Verify source ↗
Regulations
AI-assisted research summary: This section introduces regulations about anti-dumping and countervailing measures.
77. Regulations. No. 1 Anti-Dumping and Countervailing Measures 2004 THE UNITED REPUBLIC OF TANZANIA No. 1 o f 2004 I A ssent, B e n j a m i n W i l l i a m m a k a p a , President 14"’ April, 2004 An Act to make provisions for Anti-Dum ping and Countervailing Measures and to provide for its administration and regulation of dumping and subsidies and to provide for related matters. E n a c t e d by the Parliament of the United Republic of Tanzania. [..................... PARTI P r e l im in a r y P r o v is io n s - 1 Verify source ↗
This Act may be cited as the Anti-Dumping and Countervailing
AI-assisted research summary: This section gives the Act its short title and says it starts on a date later appointed by the Minister in a notice published in the Gazette.
1. This Act may be cited as the Anti-Dumping and Countervailing Measures Act, 2004 and shall come into operation on such date as the Minister may, by Notice published in the Gazette, appoint. - 2 Verify source ↗
This Act shall apply to Mainland Tanzania
AI-assisted research summary: This Act applies to Mainland Tanzania.
2. This Act shall apply to Mainland Tanzania. - 3 Verify source ↗
In this Act, unless the context otherwise requires
AI-assisted research summary: This section defines key terms used in the Act.
3. In this Act, unless the context otherwise requires- “anti-dumping” means any measure the imposition of which leads to the equalization of export price and normal value; “actionable subsidy” means a category of subsidies which cause injury to the domestic industry; “Committee” means the Anti-Dumping and Countervailing Measures Advisory Committee established under section 4; Short title and com m ence ment A pplica tion Interpre tation No. 1 Anti-Dumping and Countervailing Measures 2004 “countervailing duty” means a special duty levied for the purpose of offsetting subsidy granted directly or indirectly on the investigated product; “countervailing measures” means remedies used by the Committee to offset the impact of injurious subsidies; “definitive measures” means any measures the imposition of which leads to the conclusion of an investigation by the Committee; “domestic industry” means the domestic producers of like products, or those producers whose collective output of the products constitutes a m ajor proportion o f the total dom estic production o f those producers'except that where producers are related to the exporters or im porters o f the allegedly im porters or are them selves dumped product, the term "domestic industry" may be interpreted as referring to the rest of the producers; “domestic product” means goods or products produced locally which are similar or identical to the investigated product; “dumping” in relation to goods means the situation where the export price of goods imported or intended to be imported into Mainland Tanzania is less than the normal value of such goods in the market (country) of origin as determined in accordance with the provisions of this Act, and “dumped product” has a corresponding meaning; “export price” means a price paid or payable for an export destined to the Mainland Tanzania; “government” means the United Republic of Tanzania in relation to issues pertaining to Mainland Tanzania only; “injury” means material injury to a domestic industry, threat of material injury to a domestic industry or material retardation of the establi shment of such industry; “initiate” means procedural action by which the Minister formally convenes an investigation provided for under this Act; “interested parties” includes- (a) an exporter or foreign producer or the importer of a product subject to investigation or a trade or business association with a majority of members who are producers, exporters or importers of such product; (b) the government of the origin of the investigated product; (c) a producer o f the like product in the territory or a trade or b u sin ess association with a m ajority of the m em bers who produce the like product in the territory; and No. 1 Anti-Dumping and Countervailing Measures 2004 (d) any other domestic or foreign party considered to be an interested party by the Committee; “levy or levied” means the definitive or final legal assessm ent or collection of a duty or tax; “investigated product” means goods or products imported into Mainland Tanzania which are the subject of an investigation by the Committee; “investigated country” means the country of origin of the investigated product; “like product” means a product which is identical, is like in all respects to the product under consideration, or in the absence of such product, another product which, although not alike in the respects, has ch aracteristics closely resem bling those o f the product under consideration; “Minister” means the Minister responsible for trade; “margin of dumping” means the difference between the export price and the normal price; “normal value” means the price comparable to the export price, in the ordinary course of trade, for the investigated product when destined for consumption in the investigated country; “provisional measures” means any measures, either in the form of a provisional duty, a security, a duty guaranteed by a cash deposit or a bond equal to the provisionally estimated margin of dumping; “subsidy” means a financial contribution or income or price support by Government or Public body that lead to market distortion; PART II E s t a b l is h m e n t o f t h e A n t i-D u m p in g a n d C o u n t e r v a il in g M e a s u r e s A d v is o r y C o m m it t e e - 74 Verify source ↗
(1) An application for anti-dumping or subsidization action on
AI-assisted research summary: A third-country authority must make the application, the third-country government must help the Committee, and the Committee decides whether to proceed.
74.—(1) An application for anti-dumping or subsidization action on behalf of a third country shall be made by a relevant authority of the third country requesting action. (2) Such an application shall be supported by price information that shows that the imports are being dumped and by detailed information that shows that the alleged dumping is causing injury to the domestic industry concerned in the third country; the government of the third country shall afford all assistance to the Committee to obtain any further information, which the latter may require. (3) In considering such an application, the Committee shall consider the effects o f the alleged dumping or subsidization on the industry concerned as a whole in the third country; that is to say, the injury shall not be assessed in relation only to the effect of the alleged dumping or subsidization on the industry's exports to the importing country or even on the industry's total exports. (4) The decision whether or not to proceed with a case shall rest with the Committee. - 75 Verify source ↗
(1) No person shall
AI-assisted research summary: No person may willfully give false or misleading information to the Committee, disclose confidential investigation information without permission, or refuse to give requested information without lawful excuse.
75.—(1) No person shall- (a) willfully give false or misleading information to the Committee in contravention of this Act; (b) disclose any confidential information provided during the course of investigation without permission from the Committee; and (c) without lawful excuse refuse to give information requested by the Committee. A pplica tion on behalf o f a third country Offence relating to inform a tion (2) Any person who contravenes the provisions of subsection (1), commits an offence and shall upon conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both, such fine and imprisonment: No. 1 Anti-Dumping and Countervailing Measures 2004 Appeals - 76 Verify source ↗
Any person who is aggrieved by a decision of the Committee
AI-assisted research summary: A person aggrieved by a Committee decision under this Act may appeal to the High Court.
76. Any person who is aggrieved by a decision of the Committee made under this Act, may appeal to the High Court. Regula tions - 77 Verify source ↗
The Minister may make regulations
AI-assisted research summary: The Minister may make regulations for dispute settlement procedures, procedures for determining actionable and non-actionable subsidiary, and any other matter that needs to be prescribed under the Act.
77. The Minister may make regulations- (a) prescribing dispute settlement procedures under this Act; (b) prescribing the manner and procedure for determining actionable and non actionable subsidiary; (c) prescribing any other matter which needs to be prescribed under this Act. Passed in the National Assembly on the 9th February, 2004 K i p e n k a M . M u s s a , Clerk o f the National Assembly 518
Part
PART V
- 27 Verify source ↗
(1) An investigation to determine the existence, degree anil
AI-assisted research summary: A dumping or subsidization investigation starts by a written application to the Minister, and the Minister must check the evidence before convening the Committee if enough evidence exists.
27.—(1) An investigation to determine the existence, degree anil effect o f dum ping or subsidization shall be com m enced by an application in writing to the Minister. (2) An investigation to determine the existence, degree and effect of A pplica tion for the initia tion o f investiga tion any alleged dumping or subsidization may be initiated by- (a) a domestic industry; or (b) any person on behalf of a domestic industry; or (c) a member of the Committee. 499 No. 1 Anti-Dumping and Countervailing Measures 2004 (3) Upon receipt of application by or on behalf of an industry, the Minister assisted by the department responsible for trade shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify initiation of investigation. (4) Where the Minister is satisfied that, sufficient evidence exist in favour of an investigation, he shall convene the Committee for that purpose. - 28 Verify source ↗
(1) The Committee may in special circumstances initiate an
AI-assisted research summary: The Committee may start an investigation in special circumstances even without a written application, but only if it has enough information and the required causal link; it must also stop or terminate investigations when the evidence is insufficient or the margin/volume/injury findings are insignificant or negligible.
28.—(1) The Committee may in special circumstances initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigations. (2) Initiation of investigations shall only proceed if the Committee is satisfied that it has sufficient information of dumping or subsidization and a causal link as provided for in section 26 to justify the initiation of an investigation. 2 9 .—(1) T h e decisio n on w h eth er or n o t to initiate an in v estigation and the ev id en ce o f b o th d u m p in g or su b sid izatio n and in jury shall be co n sid ered sim ultaneou sly. Initiation o f investi gation by the Com m i ttee Decision to initiate an investi gation (2) Investigations shall be started on a date not later than the earliest date on which provisional measures may be applied. R e je c tio n and term i nation o f in v e stig a tion 3 0 .—(1) An application for initiation o f investigations shall be terminated promptly as soon as the Committee is satisfied that there is not sufficient evidence of either dumping, subsidization or injury to justify proceeding with the case. (2) Where the Committee determines that - (a) the margin of dumping or subsidization is insignificant; or (b) the volume of dumped or subsidized imports, actual or potential; or the injury is negligible, it shall immediately terminate investigation. (3) For the purpose of subsection (2) - 500 No. 1 Anti-Dumping and Countervailing Measures 2004 +T (a) the margin of dumping or subsidization shall be considered to be insignificant if this margin is less than two per cent, expressed as a percentage of the export price; (b) the volume of dumped or subsidized imports shall normally be regarded as negligible if the volume of the dumped or subsidized imports from a particular country is found to account for less than three per cent of imports of the like produce in the country unless countries which individually account for less than three per cent of the imports of the like product in the country collectively account for more than seven per cent of imports of the like product in the territory. - 31 Verify source ↗
Investigations shall, except as otherwise provided, be concluded
AI-assisted research summary: Investigations must be concluded within one year after they begin, and never later than eighteen months, except where otherwise provided.
31. Investigations shall, except as otherwise provided, be concluded within one year, and in no case more than eighteen months, after their initiation. Period of investiga tion - 32 Verify source ↗
(1) The Committee shall, in ascertaining the volume of dumped
AI-assisted research summary: The Committee must assess dumped or subsidized imports by checking volume changes and several market-effect factors, and related producers or importing producers may not block an investigation from starting.
32.—(1) The Committee shall, in ascertaining the volume of dumped or subsidized imports, consider whether there has been an increase of the imports, either in absolute terms or relative to production or consump tion of such imports. A scertai ning the volum e o f dumped or subsi dized imports (2) In determining the effect of dumped or subsidized imports on prices in the market, the Committee shall ascertain: (a) whether there has been a price undercutting of the dumped or subsidized imports as compared to the price of the domestic investigated product; (b) w hether the effect of such imports depresses prices to a significant degree or prevents to a significant degree, price increase which otherwise would have occurred, or adversely impacts on products of the investigated product; (c) whether there is an actual and potential decline in sales, profits, output, m arket share, productivity, return on investments, or utilization of capacity; (d) the factors affecting prices of the investigated product; (e) the magnitude of the margin of dumping or subsidization; and 501 No. 1 Anti-Dumping and Countervailing Measures 2004 (f) the actual and potential negative effects on cash flow, inventories, employment, wages growth and ability to raise capital on investment. (3) The producers who are related to the exporters or importers of the product or are themselves importers of the product shall not be allowed to stop the initiation of an investigation. Threat o f material injury - 33 Verify source ↗
(1) In determining the existence of a threat of material injury the
AI-assisted research summary: The Committee must consider specified factors when deciding whether dumped or subsidized imports threaten material injury, and if the conclusion is positive it must find that such imports pose that threat and recommend protective measures.
33.—(1) In determining the existence of a threat of material injury the Committee shall consider: (a) w hether there exists a rate of increase o f dumped or subsidized imports into the local market which indicates the likelihood of a substantial increase in importation; (b) whether there is a large volume of goods disposable at low prices, or an imminent, substantial increase in the capacity of the exporter, indicating the likelihood of increased dumped or subsidized exports in the territory; (c) w h e th e r im p o rts are en terin g the te rrito ry m a rk e t at p rices th at are lik ely to h av e a d e p re ssin g effect on the territo ry p rice s and to increase d em and for fu rth er im p orts; and (d) inventories of the investigated product. (2) Where the conclusion from a consideration of the factors provided, for under subsection (1) is in the positive, the Committee shall make a finding that the dumped or subsidized imports present a threat of material injury to the territory market and recommend the imposition of protective measures. PART VI P r o v is io n s R e l a t in g t o E v id e n c e
Part
PART VII
- 46 Verify source ↗
Provisional measures may be applied only if
AI-assisted research summary: Provisional measures may be applied only if the investigation has started, public notice has been given, interested parties had a chance to comment, a preliminary affirmative determination of dumping or subsidization and injury was made, and the Committee considers the measures necessary to prevent injury during the investigation.
46. Provisional measures may be applied only if: (a) an investigation has been initiated in accordance with the provisions of Part V of this Act, a p u b lic notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments; (b) a preliminary affirmative determination has been made of dum ping or subsidization and consequent injury to a dom estic industry; and (c) the Committee considers such measures necessary to pre vent injury being caused during the investigation. - 47 Verify source ↗
Provisional measures may take the form of
AI-assisted research summary: Provisional measures may be a provisional duty, a security, or withholding of appraisement, subject to stated limits and conditions.
47. Provisional measures may take the form of- (a) a provisional duty or, preferably, a security, (cash deposit or bond equal to the amount o f the anti-dum ping or countervailing duty provisionally estimated), which must not be greater than the provisionally estimated margin of dumping or subsidization; or (b) withholding of appraisement, provided that the normal duty and the estim ated am ount o f the anti-dum ping or countervailing duty is indicated and as long as the w ith holding of appraisement is subject to the same conditions as other provisional measures. 506 No. 1 Anti-Dumping and Countervailing Measures 2064 - 48 Verify source ↗
(1) Provisional measures shall not be applied sooner than sixty
AI-assisted research summary: Provisional measures cannot start until 60 days after an investigation begins, and they are meant to last only a short time.
48.—(1) Provisional measures shall not be applied sooner than sixty days from the date of initiation of the investigation. (2) The application of provisional measures shall be limited to as short a period ac possible, not exceeding four months or, on decision of the Committee upon request by exports representing a significant percentage of the trade involved, to a period not exceeding six months. A pplica tion for provisi onal measures (3) Where the Committee in the course of an investigation, determines whether a duty lower than the margin or dumping or subsidizatior would be sufficient to remove injury, these periods may be increased to six and nine months, respectively. (4) The provisions of Part IX relating to imposition and collection of anti-c'umping or countervailing duties shall be followed in the application of provisional measures. PA R T VIII P r ic e U n d e r t a k in g s - 49 Verify source ↗
(1) Proceedings may be suspended or terminated without the
AI-assisted research summary: Proceedings may be suspended or ended if an exporter gives satisfactory undertakings to revise prices or stop exporting dumped or subsidized goods, and the Committee is satisfied the injury is removed.
49.—(1) Proceedings may be suspended or terminated without the imposition of provisional measures or anti-dumping or countervailing duties upon receipt o f satisfacto ry voluntary undertakings from any exporter to revise its prices or to cease exports to the area in q u estio n at dumped or subsidized prices to the extent that the Committee is satisfied that the injurious effect of the dumping or subsidization is eliminated. (2) Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping or subsidization. It is desirable that the price increases be less than the margin of dumping or subsidization if such increases would be adequate to remove the injury to the domestic industry. Suspensi on or term ina tion o f provisi onal m easures or anti dum ping or coun tervailing duties - 50 Verify source ↗
Section 50
AI-assisted research summary: The Committee must not seek or accept price undertakings from exporters unless it has first made a preliminary affirmative determination of dumping or subsidization and injury.
50. Price undertakings shall not be sought or accepted from exporters unless the Committee has made a preliminary affirmative determination of dumping or subsidization and injury caused by such dumping or subsidization. 507 Prelim i nary affir mative determ i nation to price under taking No. 1 Com m i ttee not bound to accept under taking Investi gation to cease where an under taking is accepted Exporter not bound to accept price under taking Periodic inform a tion in respect o f under taking Anti-Dumping and Countervailing Measures 2004 - 51 Verify source ↗
(1) The undertakings offered need not be accepted if the
AI-assisted research summary: If the Committee rejects an undertaking offer, it should where practicable give the exporter its reasons and an opportunity to comment.
51.—(1) The undertakings offered need not be accepted if the Committee consider their acceptance is impractical, because the number of actual or potential exporters is too great, or for other reasons, including reasons of general policy. (2) Where an offer for undertaking is rejected by the Committee and where practicable, the Committee shall provide to the exporter the reasons which have led them to consider acceptance of an undertaking as inappropriate, and shall, to the extent possible, give the exporter an opportunity to make comments thereon. - 52 Verify source ↗
( 1 ) 'Where an undertaking is accepted, the investigation of
AI-assisted research summary: If an undertaking is accepted, the dumping or subsidy investigation stops; it may sometimes continue, and the Committee can require the undertaking to stay in place for a reasonable period.
52.—( 1 ) 'Where an undertaking is accepted, the investigation of dumping or subsidization and injury shall cease. (2) Where an undertaking is accepted, the investigation of dumping or subsidization may nevertheless be completed if the exporter so desires or the Committee so decide and in such a case, if a negative deter mination of dumping or subsidization is made, the undertaking shall automatically lapse, except in cases where such a determination is due in large part to the existence of a price undertaking; in such cases, the Committee may require that an undertaking be maintained for a rea sonable period consistent with the provisions of this Act. (3) Where an affirmative determination of dumping or subsidization and injury is made, the undertaking shall continue consistent with its terms and the provisions of this Act. - 53 Verify source ↗
(1)
AI-assisted research summary: The Committee may suggest price undertakings, but exporters cannot be forced to enter into them.
53.—(1) Price undertakings may be suggested by the Committee but no exporter shall be forced to enter into such undertakings. (2) The fact that exporters do not offer such undertakings, or do not accept an inv itation to do so, shall in no way prejud ice the consideration of the case, but the Committee may determine that a threat of injury is more likely to be realized if the dumped or subsidized imports continue. - 54 Verify source ↗
(1) The Committee may require any exporter from whom an
AI-assisted research summary: The Committee may require certain exporters to provide periodic information and allow verification, may take expedited provisional measures if an undertaking is violated, and may levy definitive duties on some products within a 90-day retroactive window, subject to an exception.
54.—(1) The Committee may require any exporter from whom an undertaking has been accepted to provide periodical information relevant to the fulfillm ent o f such an undertaking and to perm it verification of pertinent data. 508 No. 1 Anti-Dumping and Countervailing Measures 2004 (2) In case of violation of an undertaking, the Committee may take expeditious actions which may constitute immediate application of provisional measures using the best information available. (3) Definitive duties may be levied in accordance with this Act on products entered for consumption not more than ninety days before the application of such provisional measures, except that any such retroactive assessment shall not apply to imports entered before the violation of the undertaking. PART IX I m p o s it io n a n d C o l l e c t io n o f A n t i-D u m p in g a n d C o u n t e r v a il in g D u t ie s
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