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Section 35

of Countervailing and Anti-Dumping Duties Act 1993

ActIn forceProvision 49 of 65

Section 35

(1)

Where imports of subject merchandise from more than one country are simultaneously subject to countervailing or anti-dumping duty investigations, the Government may cumulatively assess the effects of such imports.

NOTE—the Rules of the High Court 1980 [P.U.

(A)

50/1980] has been repealed by the Rules of the

High Court 2012 [P.U.

(A)

205/2012].

Countervailing and Anti-Dumping Duties 55

(2)

Subsection (1) shall apply only if the Government determines—

(a)

that the amount of a subsidy or the margin of dumping established in relation to the imports from each country is more than de minimis;

(b)

that the volume of imports of the subject merchandise from each country is not negligible; and

(c)

that the cumulative assessment of the effects of the imports of the subject merchandise is appropriate in view of the conditions of competition between the subject merchandise, and the conditions of competition between the subject merchandise and the like domestic product.