Provided that such non-confidential summary shall permit a reasonable understanding of the substance of the information submitted in confidence:
Provided further that any deletion in text shall, unless otherwise allowed by the Commission, only relate to names of the buyer or supplier.

(6) In exceptional circumstances, any party submitting confidential information may indicate that such information is not susceptible of summary, in which case a  statement of the reasons why summarisation is not possible shall be provided. If the Commission concludes that the non-confidential summary provided fails to satisfy the requirements of sub-section (5), it may determine that the request for keeping the information confidential is not warranted.

(7) If the Commission finds that a request for keeping the information confidential is not warranted, and if the supplier of such information is unwilling to make it public or to authorise the disclosure in generalised or summary form, the Commission shall disregard such information and return the same to the party submitting it.

(8) Subject to sub-section (9), notwithstanding anything contained in this Ordinance or in any other law for the time being in force, any confidential information received or obtained, directly or indirectly, by the Commission pursuant to or in connection with an investigation shall not be subject to disclosure by the Commission to any Ministry, Division, department, agency or instrumentality of the Federal Government or a Provincial Government without the prior permission of the party  submitting such confidential information.
(9) The provisions of sub-section (8) shall not preclude the supply of any information called for by the Appellate Tribunal pursuant to section 65: Provided that the obligation to protect confidential information as provided for in this Chapter shall, mutatis mutandis, extend to the Appellate Tribunal.

32. Reliance on best information available. – (1) Subject to sub-section (2), if, at any time during an investigation, any interested party,—

(a) refuses access to, or otherwise does not provide, necessary information  within the period of time as may be prescribed; or

(b) otherwise significantly impedes the investigation, the Commission may reach preliminary and final determinations, whether affirmative or negative, on the basis of the best information available.

(2) The provisions of the Schedule to this Ordinance shall be followed in the application of sub-section (1).

(3) The Commission shall take due account of any difficulties experienced by interested parties, in particular, small companies, in supplying information requested by it and may, where it deems fit, provide such assistance as is practicable including, but not limited to, extension of any time period prescribed for submission of information under this Ordinance.

(4) The Commission shall satisfy itself of the accuracy of the information supplied by interested parties during the course of an investigation in such manner as may be prescribed.

33. Information to parties. – The Commission shall provide an opportunity to all interested parties to see information submitted to it, which is not confidential and is relevant to the presentation of their case.

PART IX

INVESTIGATION PROCEDURES, PRELIMINARY AND FINAL DETERMINATIONS

34. Proposed schedule for investigation. – The Commission shall, in a notice of initiation of an investigation referred to in section 27, include the proposed schedule for conduct of an investigation, including the proposed time limits for submission of  written arguments, the proposed date for any hearing, if requested, the proposed date for preliminary determination, and the proposed date for final determination.

35. Acquisition of information by the Commission. – The Commission shall solicit, gather, obtain, verify, accept and reject information for the purposes of an investigation in such manner as may be prescribed.

36. Assessments to be on the basis of data relating to defined periods. – (1) The Commission shall base its assessments of dumping and injury on data relating to defined periods which shall be the periods for which information is required by the Commission.

(2) For the purposes of an investigation of dumping, an investigation period shall normally cover twelve months preceding the month of initiation of the investigation for which data is available and in no case the investigation period shall be shorter than six months.

(3) For the purposes of an investigation of injury, the investigation period shall normally cover thirty-six months:—

Provided that the Commission may at its sole discretion, select a shorter or longer period if it deems it appropriate in view of available information regarding domestic industry and an investigated product.

37. Preliminary determination. – (1) The Commission shall make a preliminary determination of dumping and injury, if any, not earlier than sixty days and not later than one hundred and eighty days, after initiation of an investigation. Such preliminary determination shall be based on the information available to the Commission at that time.

(2) The Commission shall issue a notice of preliminary determination, whether affirmative or negative, which shall, subject to the requirements of section 31, set forth in sufficient detail the findings and conclusions reached on all issues of fact and law considered material. Such notice of preliminary determination may also contain such other information as may be prescribed.

(3) The Commission shall publish a copy of the notice of preliminary determination in the official Gazette and in at least one issue each of a daily newspaper in the English language and a daily newspaper in the Urdu language having wide circulation in Pakistan.

(4) The Commission shall forward a copy of the notice of preliminary determination to exporting country and to other known interested parties.

38. Written arguments. – In an investigation, any interested party may submit  written arguments to the Commission in such form and manner and within such time as  may be prescribed.

39. Final determination. – (1) The Commission shall normally make a final  determination of dumping and injury within one hundred and eighty days of the date of publication of a notice of preliminary determination in the official Gazette under subsection (3) of section 37.

(2) The final determination shall be based on information obtained by the Commission during the course of the investigation that has been disclosed by the interested parties:—

Provided that the Commission shall not be precluded from taking into consideration information or data received or collected from any other source.

(3) The Commission shall, subject to the requirements for the protection of confidential information under section 31, issue a notice of the final determination, whether affirmative or negative, containing relevant information on the matters of fact and law and reasons that have led to the determination.

(4) Without prejudice to the generality of the provisions of sub-section (3) and in addition to such further information as may be prescribed, the notice of the final determination referred to in sub-section (3) shall specify:

(a) the amount of the dumping margin, if any, found to exist and the basis for such determination;

(b) the amount of the definitive anti-dumping duties to be imposed, where applicable; and

(c) if definitive anti-dumping duties are to be collected with regard to the imports to which provisional measures were applied along with the reasons for the decision to do so.

(5) The Commission shall publish a copy of the notice of the final determination referred to in sub-section (3) in the official Gazette and in at least one issue each of a daily newspaper in the English language and a daily newspaper in the Urdu language having wide circulation in Pakistan:—

Provided that such notice may, if the Commission deems it fit, only contain a summary of the salient features of the final determination: Provided further that where the notice of the final determination contains only a summary of the salient features of the final determination, the Commission shall make available to any interested party applying for the same in writing a copy of the complete notice of final determination. (6) The copy of the notice of the final determination shall be forwarded by the Commission to the exporting country and to other known interested parties.

PART X

TERMINATION OF INVESTIGATION WITHOUT ADOPTION OF MEASURES

40. Withdrawal of an application. – An application submitted pursuant to section 20 may be withdrawn at any time after an investigation has been initiated, in which case the Commission shall terminate the investigation without imposition of any measures provided for in this Ordinance:—

Provided that the Commission may, if it considers it fit to do so, continue an investigation notwithstanding the withdrawal of an application as provided for in this section in which event, the Commission may, subject to the provisions of this Ordinance, impose such measures as are provided for in this Ordinance.

41. Termination for insufficient evidence, negligible dumping margin or negligible volume. – (1) An investigation may be terminated at any time by the  Commission if it is satisfied that there is not sufficient evidence of either dumping or injury to justify proceeding with an investigation.

(2) The Commission shall immediately terminate an investigation if it determines that dumping margin is negligible or that volume of dumped imports, actual or potential, or injury, is negligible.

(3) For the purposes of sub-section (2)

(a) dumping margin shall be considered to be negligible if it is less than two  per cent, expressed as a percentage of the export price; and

(b) volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports of an investigated product is found to account for less than three per cent of total imports of a like product unless  imports of the investigated product from all countries under investigation which individually account for less than three per cent of the total imports of a like product collectively account for more than seven per cent of imports of a like product.

42. Notice of conclusion of an investigation without imposition of measures. – (1) The Commission shall, subject to the requirements for the protection of confidential information under section 31, issue a notice of the conclusion of an investigation without imposition of measures which shall set forth in sufficient detail the findings and conclusions reached on all issues of fact and law considered material by the Commission including the matters of fact and law which have led to arguments being accepted or rejected.

(2) The Commission shall publish a copy of the notice of conclusion of an investigation without imposition of measures referred to in sub-section (1) in the official Gazette and summary thereof in at least one issue each of a daily newspaper in the English language and a daily newspaper in the Urdu language having wide circulation in  Pakistan

PART XI

PROVISIONAL MEASURES

43. Imposition of provisional measures. – (1) The Commission may impose  provisional measures if it makes an affirmative preliminary determination of dumping and injury, and determines that provisional measures are necessary to prevent injury being caused during the course of an investigation:
Provided that provisional measures shall not be applied sooner than sixty days from the date of initiation of the investigation.

(2) A negative preliminary determination of dumping shall not automatically terminate an investigation, but no provisional measures shall be imposed in such case.

(3) The provisions of sections 51 and 52 shall be followed in the application of provisional measures.

44. Form of provisional measures. – Provisional measures shall take the form of security by way of cash deposit in an amount equal to the provisionally determined dumping margin set forth in the notice of preliminary determination referred to in subsection (2) of section 37: Provided that release of a product concerned for free circulation in Pakistan shall be subject to provision of such security by way of cash deposit.

45. Duration of application of provisional measures. – Provisional measures shall be applied for a period not exceeding four months: Provided that the Commission may, upon request by exporters which the Commission considers to be representing a significant percentage of the trade involved, extend the period of application of provisional measures to a period not exceeding six months.

PART XII

PRICE UNDERTAKINGS

46. Acceptance of price undertaking. – (1) Where the Commission has made a preliminary affirmative determination of dumping and injury in accordance with the provisions of this Ordinance, the Commission may suspend or terminate an investigation without imposition of anti-dumping duties, whether preliminary or definitive,  upon receipt of satisfactory price undertaking from an exporter to revise its prices or to cease export to the area in question at dumped prices so that the Commission is satisfied that injurious effect of dumping in question is eliminated:—

Provided that the Commission shall not seek or accept any price undertaking from an exporter unless the Commission has made a preliminary affirmative determination of dumping and injury in accordance with the provisions of this Ordinance.

(2) Price increases under such price undertakings shall not be higher than necessary to eliminate dumping margin and shall be less than the provisionally determined dumping margin set forth in the notice of preliminary determination referred to in sub-section (2) of section 37 if, the Commission determines that such lesser price increase would be adequate to remove injury to domestic industry.

(3) The Commission may suggest price undertakings, but no exporter shall be forced to enter into any such undertaking and the fact that exporters do not offer such undertakings, or do not accept an invitation to do so, shall not prejudice consideration of the case by the Commission:—

Provided that in such circumstances the Commission shall be free to determine that a threat of injury is more likely to be realized if the dumped imports continue.

47. Conditions for acceptance of price undertaking. – (1) Except in extraordinary circumstances, a price undertaking shall not be offered later than sixty days before the proposed date of final determination as set forth in a notice of initiation  of an investigation in accordance with the provisions of section 34.

(2) Notwithstanding anything contained in this section, the decision to accept a price undertaking shall rest with the Commission.

Explanation. – The Commission may not accept a price undertaking if it  considers the acceptance thereof to be impractical because the number of actual or potential exporters is too great, or for reasons of general policy or for any other reason.

(3) If the Commission decides not to accept a price undertaking, it shall provide  to an exporter the reasons which have led it to consider acceptance of a price  undertaking as inappropriate and the exporter may, not later than seven days from the submission of such reasons, submit its written response to the Commission on the  reasons given by the Commission.

(4) The Commission may require an exporter from whom a price undertaking has been accepted, to provide, periodically, information relevant to the fulfillment of such undertaking, and to permit verification of such information. The communication of such information shall be subject to the provisions of section 31.

(5) Failure to provide any information requested by the Commission pursuant to sub-section (4) shall be deemed to be a violation of a price undertaking.

(6) Where the Commission accepts a price undertaking or a price undertaking is terminated, it shall publish a notice to this effect in the official Gazette and in at least one issue each of a daily newspaper in the English language and a daily newspaper in the Urdu language having wide circulation in Pakistan. Such notice shall contain the non-confidential part of the price undertaking accepted, when applicable, and details of the findings and conclusions reached by the Commission on all the issues of fact and law considered material by the Commission and such other information as the Commission may determine necessary:—

Provided that where the notice relates to acceptance by the Commission of a price undertaking it shall contain such further information as may be prescribed.

(7) A notice of acceptance of a price undertaking or termination thereof referred to in sub-section (6) shall be forwarded by the Commission to the country the product of which is the subject of such notice and to other interested parties known to have an interest therein.

(8) Where the Commission continues an investigation pursuant to sub-section (1) of section 48, it shall publish a notice of the continuation of the investigation, setting forth the proposed date for final determination, and any other modifications to the proposed schedule of the investigation as originally set out in the notice of initiation of the investigation in accordance with section 34:
Provided that the final determination in such case shall be made by the Commission no later than one hundred and eighty days from the date of publication of the notice of acceptance of a price undertaking referred to in sub-section (6) in the official Gazette.

48. Completion of an investigation. – (1) If one or more price undertakings are accepted by the Commission, it shall nevertheless complete an investigation of dumping and injury if it receives a request from an exporter in writing to continue such investigation, or where the Commission so decides of its own accord.

(2) In the event the Commission makes a negative determination of dumping or injury pursuant to an investigation continued under sub-section (1), a price undertaking in question shall automatically lapse except in a case where the Commission determines that such a determination is due in large part to the existence of such price undertaking in which case, the Commission may require that an undertaking be maintained for a reasonable period of time to be determined by the Commission.

(3) In the event the Commission makes an affirmative determination of dumping and injury pursuant to an investigation continued under sub-section (1), a price undertaking in question shall continue consistent with its terms and the provisions of this Ordinance.

49. Violation of price undertaking. – If a price undertaking is violated or deemed to be violated, the Commission may, subject to the provisions of this Ordinance, take expeditious action, which may include immediate application of provisional measures using the best information available. In such cases, definitive duties may be levied in accordance with the provisions of this Ordinance on products imported 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 such violation of the price undertaking.

PART XIII

IMPOSITION AND COLLECTION OF ANTI-DUMPING DUTIES

50. Mandatory imposition of anti-dumping duty. – When the Commission has  established the existence of dumping and injury in accordance with the provisions of this Ordinance, it shall, by notification in the official Gazette, impose an anti-dumping  duty in an amount equal to dumping margin established by the Commission.

51. Imposition and collection of anti-dumping duties. – (1) Anti-dumping  duties, whether provisional or definitive, as the case may be, imposed under this
Ordinance shall,—

(a) take the form of ad valorem or specific duties:—

Provided that provisional measures shall take the form of security by way of cash deposit;

(b) be imposed in addition to other import duties levied on an investigated product;

(c) be collected in the same manner as customs-duties under the Customs Act, 1969 (IV of 1969); or

(d) be levied and collected on a non-discriminatory basis on imports of such product from all sources found to be dumped and causing injury, except as to imports from those sources from which price undertakings have been accepted by the Commission in accordance with the provisions of  Part XII of this Ordinance.

(2) Save as provided for in sub-section (3), the Commission shall establish an individual anti-dumping duty for each known exporter or producer of dumped imports.

(3) Subject to sub-sections (4) and (7), where the Commission has limited its examination of dumping margin in accordance with sub-sections (2) and (3) of section 14, any anti-dumping duty applied to imports from exporters or producers not included in an examination by the Commission shall not exceed a weighted average dumping margin established with respect to selected exporters or producers.

(4) The Commission shall disregard for the purposes of sub-section (3) any negligible margins, as defined in sub-section (3) of section 41, and margins established under the circumstances referred to in section 32.

(5) Save as provided for in sub-section (4) of section 14, the Commission shall apply individual anti-dumping duties to imports from any exporter or producer not included in an examination who has provided the necessary information during the course of an investigation.

(6) The Commission may apply a residual anti-dumping duty rate for imports from exporters and producers not known to the Commission at time of final determination at a rate which shall not exceed a weighted average of individual dumping margins established for exporters and producers examined during an investigation, excluding margins established in accordance with section 32.

(7) Where all dumping margins are established pursuant to section 32, the Commission shall use such alternative method of determining dumping margins for exporters or producers not included in its examination as it considers reasonable in the circumstances.

52. Refund of anti-dumping duties paid in excess of dumping margin. – (1) An importer shall be granted a refund of the actual amount of anti-dumping duties collected if the Commission determines that dumping margin, on the basis of which such anti-dumping duties were paid, has been eliminated or reduced to a level which is below the level of the anti-dumping duty in force.
(2) An importer may submit an application for refund of anti-dumping duties collected within any twelve months period to the Commission not later than sixty days from the end of such period.

(3) An application under sub-section (2) shall contain such information as may be prescribed.

Explanation. – When investigating an application for refund under this section, the Commission shall apply the relevant provisions of this Ordinance to its determinations. In particular, when determining whether and to what extent a refund should be made when an export price is constructed on the basis of a price at which imported products are first resold to an independent buyer due to the absence of export price or because it appears that the export price is unreliable pursuant to sub-section (2) of section 10, the Commission shall take account of any change in normal value, any change of costs incurred between importation and resale, and any movement in resale price which is duly reflected in subsequent selling prices, and shall calculate the export price with no deduction for the amount of anti-dumping duties paid when satisfactory evidence of the above is provided.

(4) The Commission shall provide an importer making an application under subsection  (2) with an explanation of the reasons for the decision concerning a request for refund.

(5) A refund of anti-dumping duties under this section shall normally take place within twelve months, and in no case later than eighteen months, after the date on which an application for refund compliant with the requirements of sub-section (3) is received by the Commission. 

———

 

 

there is more ————–

 

Antidumping Duties Ordinance, 2000

[Gazette of Pakistan, extraordinary, Part-III, 25the February, 2004] 

            A.D.C. No. 03/2003/NTC/GAA.—The National Tariff Commission (the “commission”) initiated an investigation on September 3, 2003 under section 23 of the Antidumping Duties Ordinances, 2000 (the “Ordinance”) after establishing that the application lodged by wah Nobel acetates Ltd., G.T. Road, Wah Cantt. (the “Applicant”) on behalf of the domestic industry was in accordance with sections 20 and 24 of the Ordinance, The subject matter and this investigation concerns dumping of GAA, being Glacial Acetic Acid minimum concentration 99% originating in and exported from Chinese Taipei (“Taiwan”) to Pakistan. In accordance with the Ordinance and the Anti-Dumping Duties Rules, 2001 (the “Rules”), the Commission has after investigation determined the following on a preliminary basis:

            Name of Foreign Producers/Exporters (the “Exporter”) Change Chun Petrochemical Company Ltd., 301 Song kiang Road, 7th Floor, Taipei-104, Taiwan.

            Product under Investigation GAA with minimum purity of 99% produced and exported by the Exporter (the”investigated product”). It is classified under PCT heading No. 2915.2100.

            Like Product In terms of Section 2 of the ordinance, the examination revealed that the investigated product and the GAA produced by the domestic industry have the same physical characteristics, usage, and tariff classification. Thus it is established that both the products are “like products”.

            Period of Investigation (“POI”)

            Investigation of dumping                  from July 01, 2002 to June 30, 2003; and

            Investigation of injury                                   from July 01, 2000 to June 30, 2003.

            Determination of Normal value The normal value of the investigated product has been established in accordance with Section 5(1) of the ordinance. Establishment of normal value is based on the information/data provided by the Exporter.

            Adjustments in normal value claimed by the Exporter on account of credit cost and discount were taken into account; the inland freight was also deducted from the sales price to yield ex-factory normal value. The preliminary weighted average adjusted normal value of the investigated product imported during the POI thus works out to be US$ 503.70/MT.

            Determination of export Price Export price ahs been calculated in accordance with section 10(1) of the Ordinance. The preliminary weighted average export price during POI of the investigated product works out to be US$. 498.18/MT at C&F level.

            To ensure a fair comparison between export price and normal value I.e. at ex-factory level, adjustments in C&F export price were made with respect to (a) indenter’s commission (b) credit cost (C) bank charges (d) ocean freight (e) inland freight (f) harbour construction tax (g) trade promotion fee, and (h) customs brokerage fee. The preliminary weighted average adjusted ex-factory export price of the investigated product thus works out to be US$ 435.11/MT.

            Dumping Margin The dumping margin has been calculated in accordance with Section 12(1) of the Ordinance by comparing the weighted average adjusted ex-factory normal value with the weighted average adjusted ex-factory export price. The provisional dumping margin expressed as a percentage of weighted average C&F export price thus works out to be 13.77%.

            Injury to the Domestic Industry Injury to the domestic industry has been determined in accordance with Part VI of the Ordinance. The Commission has on preliminary basis established that the domestic industry was and is being materially injured on account of; price undercutting, price depression, price suppression, decline in production and capacity utilization, decline in market share and sales, decline in return on investment, decline in productivity, incurrence of losses on its operations, negative effect on inventories, negative effect on growth and investment, negative effect on cash flow, and a significant magnitude of dumping margin.

            Dumped Imports Volume of dumped imports increased annually by 50.5% and 59.64% in the FY 2001-02 and FY 2002-03, respectively. The production of the domestic like product increased by 19.83% in the FY 2001-02 over FY 2000-01 and it decreased by 3.81% in the FY 2002-03 over FY 2001-02. Based on these facts, the Commission has concluded that the dumped imports increased in absolute as well as relative terms compared with the production of domestic like product.

            Injury Factors Other than Dumped Imports The Commission also examined factors other than dumped imports, which were causing injury to the domestic industry. These include imports from countries other than Taiwan, and interest rates prevailing in the country at the time of installation of domestic industry. However, the share of these factors in overall material injury is comparatively small and has been excluded in calculating injury due to dumped imports.

            Imposition of Provisional Antidumping Duty In reaching this preliminary affirmative determination, the Commission is satisfied that the investigated product has been imported at dumped prices. This has caused material injury to domestic industry during the POI. In order to prevent material injury in course of this investigation, the commission, pursuant to the powers conferred upon it under Section 43 of the Ordinance, has decided to impose a provisional antidumping duty @ 13.77% ad Val  of C&F price on import of GAA, importable from the Exporter, fro a period of four months effective from February 25, 2004. the provisional antidumping duty shall take the form of security by way of cash deposit in commission’s Non-lapsable PLD Account No. 187 with Federal Treasury Office Islamabad. The provisional antidumping duty would be collected in the same manner as customs duty is collected under the Customs Act, 1969 (IV of 1969).

            Disclosure meeting Pursuant to rule 11 of the rules, the Exporter may request for disclosure meeting within 15 days of the date of publication of this notice.

            Hearing Any party registered as an interested party in this case may, if it so wishes, request a hearing in accordance with Rule 14 of the Rules within 30 days of the publication of this notice by contacting Mrs. Batool Qureshi, Secretary, National Tariff Commission, State Life Building No. 5, the Blue Area, Islamabad. Telephone No. 0092-51-9202839, Fax No. 0092-51-9221205.

            Further Information A non-confidential version of the report on preliminary determination has been placed on public file established and maintained by the Commission. It has also been posted on the Commission’s website: www.ntc.gov.pk. The public file shall be available to the interested parties, registered with the commission for the purposes of this investigation, for review and copying at the offices of the commission, from Monday to Thursday between 1100 hrs to 1300 hrs.

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