Updated: Tuesday September 25, 2012/AthThulatha
Thoul Ki'dah 10, 1433/Mangalavara
Asvina 03, 1934, at 07:40:10 PM
The Anti-Dumping Duties Rules, 2001
NOTIFICATION
S.R.O. 203(I)/2001.- In exercise of the powers conferred by section 67 of the Anti- Dumping Duties Ordinance, 2000 (LXV of 2000), the Federal Government is pleased to make the following rules, namely:---
1. Short title and commencement. - (1) These rules may be called the
Anti-Dumping Duties Rules, 2001;
(2) They shall come into force at once.
2. Definitions. – (1) In these rules, unless there is anything repugnant in the
subject or context;
(a) “Application” means an application made under section 20 of the Ordinance;
(b) “Ordinance” means the Anti-Dumping Duties Ordinance, 2000 (LXV of 2000);
and
(c) “Schedule” means the schedule to these rules.
(2). All words and expressions used in these rules but not defined herein,
shall have the meaning assigned to them in the Ordinance.
3. Disclosure in application. - An application shall, in addition to the
information specified in section 20 of the Ordinance, contain such information
as is reasonably available to an applicant on the following, namely:---
(a) name, address, telephone number, facsimile number and electronic mail address
of the applicant;
(b) the identity of domestic industry by or on behalf of which the application
is being made, including the names, addresses and telephone numbers, facsimile
numbers and electronic mail addresses of all other known producers or,
association of producers which is a trade organisation as defined in the Trade
Organisations Ordinance, 1961 (XLV of 1961), and has been granted or deemed to
have been granted a licence thereunder, in domestic industry;
(c) information relating to the degree of domestic industry support for the
application, including,---
(i) the total volume and value of domestic production of a domestic like product;
and
(ii) the volume and value of a domestic like product produced by the
applicant and by each domestic producer identified;
(d) a complete description of the allegedly dumped product, including the technical
characteristics and uses of such product and its current customs tariff
classification number as specified in the First Schedule to the Customs Act,
1969 ( IV of 1969);
(e) the country in which the allegedly dumped product is manufactured or produced
and, if it is imported from a country other than the country of manufacture or
production, the intermediate country from which the product is imported;
(f) the name and address of each person the applicant believes sells the
allegedly dumped product and the proportion of total exports to
(g) information on prices at which the product in question is sold when destined for consumption in domestic market of the country of export or origin or, where appropriate, information on the prices at which the product is sold from the country of export or origin to a third country or on the constructed value of the allegedly dumped product, and information on export prices or, where appropriate, on the prices at which the allegedly dumped product is first resold to an independent buyer in Pakistan, and on any adjustments as provided for in section 11 of the Ordinance; and
(h) information on an evolution of volume of the allegedly dumped imports, the effect
of such imports on prices of a domestic like product in domestic market and the
consequent impact of the imports on domestic industry as demonstrated by
relevant factors and indices having a bearing on the state of domestic industry,
including those listed in sections 15, 16, 17, and 18 of the Ordinance, and
information on the existence of a causal link within the meaning of section 19
of the Ordinance.
4. Commission to avoid publicising application. - The Commission shall not, unless
a decision has been made to initiate an investigation, publicise an
application.
5. Initiation of investigation. - The Commission shall normally decide whether or not to initiate an investigation within a period of forty-five days of the date of receipt of an application compliant with the requirements of section 20 of the Ordinance:---
Provided that when such application involves complex issues, or if the
Commission has sought additional information from the applicant, the time
period may, if the Commission so deems fit, be extended to sixty days.
6. Disclosure in notice of
initiation of an investigation. - The notice of initiation of
investigation referred to in section 27 of the Ordinance shall contain adequate
information on the following, namely:---
(a) the name of the country or countries of export, and if different, the
country or countries of origin of an investigated product;
(b) a complete description of an investigated product, including the technical characteristics
and uses of such product and its current tariff classification number as
contained in the First Schedule to the Customs Act, 1969 (IV of 1969);
(c) a description of the alleged dumping to be investigated, including the basis for such allegations;
(d) a summary of the factors on which the allegations of injury are based;
(e) the address where information and comments may be submitted and the time period
allowed to interested parties for making their views known;
(f) the date of initiation of an investigation; and
(g) the proposed schedule for an investigation.
7. Public file to be maintained for interested party and access thereto. – (1)
The Commission shall establish and maintain a public file relating to each
investigation or review pursuant to the Ordinance and subject to the
requirement to protect confidential information under section 31 of the
Ordinance, the Commission shall place in such file,---
(a) all public notices relating to an investigation or review;
(b) all materials, including questionnaires, responses to questionnaires, and written
communications submitted to the Commission;
(c) all other information developed or obtained by the Commission; and
(d) any other documents the Commission deems appropriate for disclosure to an interested
party.
(2) The public file to be maintained under sub-rule (1) shall be available to
any interested party for review and copying at the offices of the Commission,
during such time as the Commission may notify, throughout the course of an
investigation or review and any appeal under section 64 of the Ordinance.
8. Acquisition of information. – The Commission shall solicit, gather, obtain, accept
and reject information for the purposes of an investigation under section 35 of
the Ordinance in accordance with the following, namely:---
(a) upon initiation of an investigation, the Commission shall send
questionnaires to any person they believe may have information relevant to an
investigation, including known domestic producers, importers, exporters and
foreign producers and, such questionnaires may require such information, as the
Commission deems necessary;
(b) the Commission shall give exporters and foreign producers receiving a questionnaire
at least thirty days for reply and the time limit 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 the
respondent or transmitted to the appropriate diplomatic or official
representative of an exporting country; provided that the Commission shall give
due consideration to any request for an extension of such thirty day period,
and shall grant an extension whenever practicable, upon good cause shown,
taking into account the time limits for an investigation;
(c) The Commission may disregard any reply to a questionnaire, which is not submitted within the time provided and in the form requested;
(d) the Commission may, during the course of an investigation, request further information
from interested parties, in the form of supplementary questionnaires, or written
requests for clarification or additional information and such requests shall state
the date by which reply is due and sufficient time shall be granted by the Commission
in order to allow meaningful replies;
(e) any interested party may, on its own initiative, submit to the Commission, in writing, any information it considers relevant to an investigation and the Commission shall consider such information unless such consideration would be unduly burdensome to the Commission or disrupt the timely progress of an investigation:---
Provided that any voluntary submission of factual information relevant to the determination of dumping or injury shall be submitted to the Commission in writing prior to the date of preliminary determination; and
(f) the Commission shall allow industrial users of an investigated product in
9. Preliminary written arguments. - Not later than fifteen days before the scheduled date of preliminary determination, interested parties may submit written arguments to the Commission concerning any matter relevant to an investigation.
10. Disclosure in notice of preliminary determination. – The notice of preliminary determination referred to in sub-section (2) of section 37 of the Ordinance notice shall also contain the following information; namely:---
(a) the names of the known exporters and producers of an investigated product;
(b) description of an investigated product which is sufficient for customs purposes,
including the current customs tariff classification number as contained in the
First Schedule to the Customs Act, 1969 (IV of 1969);
(c) the amount of dumping margin, if any, found to exist and the basis for such
determination including a description of the methodology used in determining
normal value, export price, and any adjustments made in comparing the two;
(d) if the method of comparison as provided for in sub-section (2) of section
12 of the Ordinance was used, the explanation required under clause (b) of
subsection (2) of section 12 of the Ordinance;
(e) if the Commission declined to determine an individual dumping margin on the
basis of voluntary responses as provided for in sub-section (4) of section 14
of the Ordinance, the basis for that decision;
(f) the factors that have led to the determination of injury including
information on factors other than dumped imports that have been taken into
account; and
(g) the amount of any provisional measures to be applied and the reasons why such
provisional measures are necessary to prevent injury caused during an investigation.
11. Disclosure after preliminary determination. - The Commission shall, on request
made within fifteen days of publication of the notice of preliminary determination
pursuant to sub-section (2) of section 37 of the Ordinance, hold separate
disclosure meetings with exporters or producers requesting such a meeting, to
explain the dumping calculation
methodology preliminarily applied for that exporter or producer. The Commission
shall provide an opportunity to the exporters or producers or their legal representatives
to examine and receive copies of the dumping calculations done by the Commission
for their exports to
12. Verification of information. – (1) Save as provided for in section 32 of
the Ordinance, the Commission shall, during the course of an investigation,
satisfy itself as to the accuracy of information supplied by interested parties
upon which its findings are based.
(2) In order to verify information provided or to obtain further details, the
Commission 6 may carry out investigations in other countries as may be
required; provided that it shall obtain the agreement of the firms concerned
and that they notify the representatives of the government of the country in
question unless the latter objects to an investigation.
(3) The procedures set out in the First Schedule shall apply to any
verification carried out in the territory of other countries. The Commission
shall prepare a report on any verification conducted pursuant to this such rule
and such report shall be available to the company to which it pertains in full,
and a non-confidential version shall be placed in the public file kept under
rule 7. The Commission shall endeavour to complete any such verification prior
to the date of any hearing in an investigation.
13. Written arguments. – (1) In an investigation in which no hearing is requested,
any interested party may submit written arguments to the Commission concerning
any matter it considers relevant to an investigation not later than forty-five
days before the date proposed for final determination.
(2) In an investigation in which a hearing is held, not later than ten days
before the specified date of a hearing, any interested party may submit written
arguments to the Commission concerning any matter it considers relevant to an
investigation. Following such a hearing, interested parties who participated in
the hearing may, within ten days, submit further written arguments to the
Commission in response to arguments and information presented at the hearing.
14. Procedure for a hearing. – (1) The Commission shall, upon request by an interested
party made not later than thirty days after publication of a notice of
preliminary determination, hold a hearing at which all interested parties may
present information and arguments:---
Provided that such a hearing shall be held not later than sixty days prior to
the date proposed for final determination.
(2) There shall be no obligation on any interested party to attend a hearing,
and failure to do so shall not be prejudicial to that interested party's case.
(3) A hearings shall to the maximum extent possible, be organised by the Commission
so as to take into account the convenience of the interested parties.
(4) Interested parties intending to appear at a hearing shall notify the
Commission of the names of representatives and witnesses who shall appear at a
hearing at least seven days before the date of the hearing.
(5) A hearing shall be organised in such manner so as to ensure that all
parties participating have an adequate opportunity to present their views.
(6) The Secretary to the Commission shall maintain a record of the hearing,
which subject to the requirement to protect confidential information under
section 31 of the
Ordinance be promptly placed in the public file to be maintained under rule 7.
(7) Interested parties shall also have the right, on justification, to present
other information orally to the Commission during meetings with officials of
the Commission:---
Provided that such information shall be only taken into consideration by the Commission
if such information is confirmed in writing to the Commission and made available
to other interested parties. Such information shall be deemed to have been made
available to third parties upon it being placed by the Commission in the public
file to be maintained under rule 7.
(8) After a hearing has been held and the Commission has completed verification
of information collected in the course of an investigation and, in any event,
at least thirty days before the proposed date for final determination, the
Commission shall inform all interested parties, in writing, subject to the
requirement to protect confidential information under section 31 of the
Ordinance, of the essential facts under consideration which shall form the
basis a decision whether to apply definitive measures under the Ordinance:---
Provided that such information shall not indicate whether a final determination
is affirmative or negative.
(9) Interested parties may submit comments, if any, on the information
disclosed to them by the Commission pursuant to sub-rule (8), in writing, not
later than fifteen days of such disclosure by the Commission.
15. Disclosure in the notice of final determination. – The notice of final determination
provided for in sub-section (3) of section 39 of the Ordinance shall, in addition
to the information required under the Ordinance, contain the following information,
namely:---
(a) the names of the known exporters and producers of an investigated product;
(b) description of an investigated product which is sufficient for customs purposes,
including the current tariff classification number as contained in the First
Schedule to the Customs Act, 1969 (IV of 1969);
(c) if a dumping margin has been calculated, a description of the methodology used
in determining normal value, export price, and any adjustments made in comparing
the two;
(d) if the method of comparison provided for in sub-section (2) of section 12
of the Ordinance was used, the explanation required under clause (h) of
subsection (2) of section 12 of the Ordinance;
(e) if the Commission declined to determine an individual dumping margin on
the basis of voluntary responses, as provided for in sub-section (4) of section
14 of the Ordinance, the basis for that decision;
(f) the factors that have led to the determination of injury within the meaning
of the Ordinance including information on factors other than dumped imports that
have been taken into account;
(g) any other reasons leading to final determination; and
(h) the reasons for the acceptance or rejection of relevant arguments or claims
made by exporters and importers.
16. Disclosure after final determination. - After final determination has been issued,
the Commission shall, on request made within fifteen days of the publication of
the notice of final determination, hold separate disclosure meetings with
exporters or producers requesting such a meeting, to explain the dumping calculation
methodology finally applied for that exporter or producer. The Commission shall
provide an opportunity to the exporters or producers or their legal
representatives to examine and receive copies of the dumping calculations done
by the Commission for their exports to
17. Disclosure in application for refund of anti-dumping duties collected. –
(1) An application under sub-section (2) of section 52 of the Ordinance for
refund of anti- dumping duties collected shall contain the following information,
namely:---
(a) the amount of refund of anti-dumping duties claimed for the period;
(b) all customs documentation relating to calculation and payment of such
amount; and
(c) sufficient information to enable the Commission to calculate normal value
and export price for the period for which the refund is requested.
(2) Where an importer is not associated with a producer or an exporter and such
information is not immediately available, or where the producer or the exporter
is unwilling to release it to an importer, the application under sub-section
(2) of section 52 of the Ordinance shall contain a statement from the producer
or exporter that the dumping margin has been reduced or eliminated and that the
relevant supporting evidence shall be directly provided to the Commission:---
Provided that where such evidence is not forthcoming in a complete form from
the exporter or producer within a reasonable period of time, as determined by
the Commission, the application shall be rejected by the Commission.
18. Disclosure in notice of acceptance of price undertaking. – The notice of acceptance
by the Commission of a price undertaking referred to in sub-section (6) of section
47 of the Ordinance shall also contain the following information, namely:---
(a) the names of the suppliers of an investigated product or where this is impractical
the supplying countries involved;
(b) description of an investigated product which is sufficient for customs purposes,
including the current customs tariff classification number as contained in the
First Schedule to the Customs Act, 1969 (IV of 1969);
(c) the amount of dumping margin found to exist and the basis for such determination
including a description of the methodology used in determining normal value,
export price, and any adjustments made in comparing the two;
(d) the factors that have led to the determination of injury including,
information on factors other than dumped imports that have been taken into
account; and (e) the main reasons leading to the acceptance by the Commission
of price undertaking.
19. Official file to be maintained by the Commission. – (1) The Commission shall
establish and maintain an official file relating to each investigation or
review pursuant to the Ordinance and shall place in such file,---
(a) all materials, papers and documents, confidential or otherwise, including questionnaires,
responses to questionnaires, and written communications submitted to or by the
Commission in connection with any investigation or review;
(b) all documents relating to or setting out any calculations made by the Commission
in connection with any investigation or review.
(c ) all internal correspondence or memoranda of the Commission relating to or
in connection with any investigation or review that are relevant to the calculation
of dumping margin or determination of injury including, any correspondence with
or between any other Ministry, Division, department, agency or instrumentality
of the Federal Government or any Provisional Government;
(d) any other information developed, obtained or relied on by the Commission in
connection with any investigation or review; and
(e) any other document or information that the Commission deems appropriate for
placing in the official file.
(2). The official file to be maintained under sub-rule (1) shall only be for
the internal use of the Commission and for the Appellate Tribunal in connection
with a appeal under
section 64 of the Ordinance.
20. Fee payable under the Ordinance. – The fee payable to the Commission at the
time of submission of an application shall be in the amount set out in the
Second Schedule.
THE FIRST SCHEDUL
[See rule 12(3)]
PROCEDURES FOR ON-THE-SPOT INVESTIGATIONS
1. Upon initiation of an investigation, the government of the exporting country
and the firms known to be concerned should be informed of the intention to
carry out on-the-spot investigations by the Commission.
2. If in exceptional circumstances it is intended to include non-governmental
experts in the investigating team, the firms and the authorities of the
exporting country should be so informed. Such non-governmental experts should
be subject to effective sanctions for breach of confidentiality requirements
under the Ordinance.
3. The Commission shall normally obtain explicit agreement of the firms
concerned in the exporting country before a visit is finally scheduled.
4. As soon as the agreement of the firms concerned has been obtained, the Commission
shall notify the concerned authorities of the exporting country of the names and
addresses of the firms to be visited and the dates agreed.
5. Sufficient advance notice should be given by the Commission to the firms in question
before a visit is made.
6. Visits to explain the questionnaire should only be made at the request of an
exporting firm. Such a visit may only be made if: (HH) the Commission notifies
the concerned representatives of the exporting country; and (HH) the latter
does not object to the visit.
7. As the main purpose of a on-the-spot investigation is to verify information provided
or to obtain further details, it should be carried out after the response to a questionnaire
has been received unless the firm agrees to the contrary and the government of
the exporting country is informed by the Commission of an anticipated visit and
does not object to it. The Commission shall normally advise the firms concerned
of the general nature of the information to be verified and of any further
information which needs to be provided; that such requirement shall not preclude
the Commission from requesting further details on-the-spot to be provided in
the light of information obtained.
8. Enquiries or questions put by the authorities or firms of the exporting
country and essential to a successful on-the-spot investigation shall, whenever
possible, be answered by the Commission before a visit is made.
THE SECOND SCHEDULE
[See rule 20]
TABLE OF FEES TO BE PAID TO THE COMMISSION
1. For an application under section 20 of the Ordinance. 75,000 13
NOTIFICATION
S.R.O. (I)/2001.-In exercise of the powers conferred by section 34 of the
Countervailing Duties Ordinance, 2001(1 of 2000), the Federal Government is
pleased to make the following rules, namely:---
1. Short title and commencement. - (1) These rules may be called the Countervailing
Duties Rules, 2001;
(2) They shall come into force at once.
2. Definitions. – (1) In these rules, unless there is anything repugnant in the
subject or context;
(f) “Application” means an application made under section 11 of the Ordinance;
(g) “Ordinance” means the Countervailing Duties Ordinance, 2001 (1 of 2001).
(h) “Schedule” means the schedule to these rules.
(2). All words and expressions used in these rules but not defined herein,
shall have the meaning assigned to them in the Ordinance.
3. Fee payable under the Ordinance. – The fee payable to the Commission at the time
of submission of the application under section 11 of the Ordinance shall be in
the amount set out in the schedule to these rules.
THE FIRST SCHEDULE
[See rule 3]
TABLE OF FEES TO BE PAID TO THE COMMISSION
1. For an application under section 20 of the Ordinance. 75,000
National Tariff Commission
Subject: Draft Countervailing Duties Rules 2001
In continuation of this Commission’s letter dated 2nd January 2001 on the above
subject.
The Countervailing Duties Ordinance contains all the requisite provision for
carrying out countervailing investigation, and for imposition of provisional as
well as final countervailing duties.
Rules are required only under section 11 of the ordinance prescribing fee
payable to the commission along with an application, thus the enclosed rules
contain only one provision specify payment of fee. These rules may be approved
and notified.
Imran Zia
Director (Anti Dumping)
Mr. Gulrez Yazdani
Joint Secretary (WTO)
Ministry of Commerce,
The Anti-Dumping Duties
Ordinance, 2000
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