Anti-Dumping Duties Act, 2015
Anti-Dumping Duties Act, 2015 (the “Anti-Dumping Law”) was enacted for giving effect in Pakistan to the provisions of Article VI of General Agreement on Tariffs and Trade, 1994; and to consolidate the laws related to imposition of anti-dumping duties. For the purposes of Anti-Dumping Law a product is considered to be dumped if it is introduced into the commerce of Pakistan at a price which is less than its normal value.
The investigation under Anti-Dumping Law can be initiated by the National Tariff Commission established under National Tariff Commission Act, 1990 and continuing/reconstituted under National Tariff Commission Act, 2015 (the “Commission”) upon a written application by or on behalf of domestic industry. Upon receipt of an application the Commission shall examine accuracy and adequacy of evidence provided in an application to determine whether it is a complaint with the requirement prescribed in Anti-Dumping Law. The Commission may also initiate an investigation (without having received a written application) if it has sufficient evidence of dumping and injury with the meaning of Anti-Dumping Law. An application for imposition of anti-dumping measures can also be made to the Commission on behalf of a third country by its authorities.
The Anti-Dumping Law prescribe the modus operandi of giving an application; framework for investigation and determination of dumping and injury in respect of goods imported into Pakistan. The terms, conditions and circumstances under which investigations can be conducted, modus operandi and duration of investigations and procedures thereof; acquisition of information and assessment procedures are laid down in Anti-Dumping Law. Furthermore, the Anti-Dumping Law prescribes the levy, imposition and collection of anti-dumping duties.
The Anti-Dumping Duties Act, 2015 has repealed the Anti-Dumping Duties Ordinance, 2000. The prevalent rules for anti-dumping are Anti-Dumping Duties Rules, 2001 which were made in exercise of the powers conferred under Section 67 of the Anti-Dumping Duties Ordinance, 2000.
