Section 22A
Injury and causal link
of Countervailing and Anti-Dumping Duties Act 1993
A determination of injury for the purpose of an anti-dumping duty investigation under this Act shall be based on relevant evidence and shall involve an objective examination of both the volume of imports of the subject merchandise and the effect of the subject merchandise on prices in the domestic market for like products and the consequent impact of these imports on the domestic producers of such products.
(2)
For the purposes of this Act, it shall be demonstrated that the subject merchandise is, through the effects of dumping, causing injury.
(3)
The demonstration of a causal relationship between the subject merchandise and the injury to the domestic industry shall be based on
Countervailing and Anti-Dumping Duties 39
an examination of all relevant evidence available to the Government.
(4)
The Government shall also examine any known factors other than the subject merchandise that at the same time are injuring the domestic industry and the injuries caused by these other factors shall not be attributed to the subject merchandise.
(5)
A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility.
(6)
In making a determination regarding the existence of a threat of material injury, the Government shall consider such factors as may be prescribed.
(7)
In cases where injury is threatened by the subject merchandise, the application of anti-dumping measures shall be considered and decided with special care.