CUSTOMS DUTIES (DUMPING AND SUBSIDIES) ACT

<TS:0.5,NM,NO>ARRANGEMENT OF SECTIONS

<TS:0.5,NM,NO>   1   Short title

<TS:0.5,NM,NO>   2   Interpretation

<TS:0.5,NM,NO>   3   Establishment of the Commission

<TS:0.5,NM,NO>   4   Functions of the Commission

<TS:0.5,NM,NO>   5   Commission to seek information

<TS:0.5,NM,NO>   6   Commission may seek advice of persons with specialized knowledge

<TS:0.5,NM,NO>   7   Evidence

<TS:0.5,NM,NO>   8   Commission to provide access

<TS:0.5,NM,NO>   9   Request for information to be kept confidential

<TS:0.5,NM,NO>   10   Effect of refusal to provide information

<TS:0.5,NM,NO>   11   Anti-dumping and countervailing duty

<TS:0.5,NM,NO>   12   Other cases

<TS:0.5,NM,NO>   13   Anti-dumping duty

<TS:0.5,NM,NO>   14   Countervailing duty

<TS:0.5,NM,NO>   15   Provisional duty

<TS:0.5,NM,NO>   16   Payment and collection of anti-dumping duties

<TS:0.5,NM,NO>   17   Return of duty where finding set aside or proceedings terminated

<TS:0.5,NM,NO>   18   Exemption of goods from application of Act

<TS:0.5,NM,NO>   19   Determination of export price of goods

<TS:0.5,NM,NO>   20   Export price where information not available

<TS:0.5,NM,NO>   21   Export price where goods are exported through another country

<TS:0.5,NM,NO>   22   Investigation of receipt of complaint

<TS:0.5,NM,NO>   23   Procedures re-investigation complaint

<TS:0.5,NM,NO>   24   Where Commission decides not to initiate investigation

<TS:0.5,NM,NO>   25   Notice of intention to commence investigation

<TS:0.5,NM,NO>   26   Termination of investigation

<TS:0.5,NM,NO>   27   Preliminary determination of dumping or subsidizing

<TS:0.5,NM,NO>   28   Notice of preliminary determination

<TS:0.5,NM,NO>   29   Extension of time

<TS:0.5,NM,NO>   30   Final determination or termination

<TS:0.5,NM,NO>   31   Action on final determination or decision referred back by Court

<TS:0.5,NM,NO>   32   Acceptance of undertaking

<TS:0.5,NM,NO>   33   Application for judicial review

<TS:0.5,NM,NO>   34   Grounds of application for review

<TS:0.5,NM,NO>   35   Regulations

<TS:0.5,NM,NO>   36   Repeal of Customs Duties (Dumping and Subsidies) Act

<TS:0.5,NM,NO>      SCHEDULE

<TS:0.5,NM,NO>

<TS:0.5,NM,NO>THE CUSTOMS DUTIES (DUMPING AND SUBSIDIES) ACT

<TS:0.5,NM,NO>[Date of Commencement: 1st July, 1999]

<TS:0.5,NM,NO>Act 22 of 1999.

1   Short title

   This Act may be cited as the Customs Duties (Dumping and Subsidies) Act.

2   Interpretation

   (1) In this Act-

   "the Anti-Dumping agreement" means the Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade concluded at Marrakesh, Morocco in 1994;

   "amount of the subsidy" in relation to any subsidized goods, means the amount of the subsidy on the goods-

   (a)   determined in the prescribed manner; or

   (b)   determined in such manner as the Commission may specify in any case where-

         (i)   the manner of determining the amount of the subsidy has not been prescribed; or

         (ii)   in the opinion of the Commission, sufficient information has not been furnished or is not available to enable the determination of the amount of the subsidy in the prescribed manner;

   "Commission" means the Anti-Dumping and Subsidies Commission established in accordance with section 3;

   "country of export" means-

   (a)   in the case of dumped goods, the country from which the goods were shipped directly to Jamaica or, if the goods have not been shipped directly to Jamaica, the country from which the goods would be shipped directly to Jamaica under normal conditions of trade; and

   (b)   in the case of subsidized goods, the country in which the subsidy originated;

   "dumped" in relation to goods, means that the export price of those goods is less than-

   (a)   the price at which like goods are sold in the ordinary course of trade for domestic consumption in the exporting country; or

   (b)   the cost of production of those goods in the exporting country including any subsidy provided in relation to such production;

   "duty" means any duty imposed by virtue of this Act;

   "export price" means the export price determined in accordance with sections 19 to 21;

   "export subsidy" means subsidies contingent in law or in fact whether solely or as one of several other conditions upon export performance, including those illustrated in the Subsidies Agreement;

   "fair market price" means the fair market price determined in accordance with regulations made under section 35;

   "functions" includes duties and powers;

   "importer" in relation to any goods, has the same meaning as in section 2 of the Customs Act;

   "interested party" means a person-

   (a)   engaged in the production, purchase, sale, export or import of any goods that are the subject of an investigation;

   (b)   engaged in the production, purchase or sale of any goods produced in Jamaica that are like goods in relation to goods that are the subject of an investigation;

   (c)   acting on behalf of any person referred to in paragraph (a) or (b);

   (d)   who is a user of any goods that are like goods in relation to any goods that are the subject of an investigation.

   "like goods" in relation to any other goods, means-

   (a)   goods which are identical in all respects with those other goods; or

   (b)   in the absence of such identical goods as aforesaid, goods of which the uses and other characteristics closely resemble those of the other goods;

   "margin of dumping" in relation to any goods, means the amount by which the normal value of the goods in the exporting country exceeds the export price thereof;

   "material injury" means, in respect of the dumping or subsidizing of any goods, material injury to the production in Jamaica of like goods;

   "properly documented", in relation to a complaint in respect of the dumping or subsidizing of goods, means that-

   (a)   the complaint-

         (i)   alleges that the goods have been dumped or subsidized, specifies the goods, the country of origin or export of such goods and alleges that the dumping or subsidizing has caused, is causing or is likely to cause, material injury;

         (ii)   states in reasonable detail the facts on which the allegations referred to in sub-paragraph (i) are based; and

         (iii)   makes such other representations as the complainant deems relevant to the complaint; and

   (b)   the complainant provides-

         (i)   such information as is available to him to prove the facts referred to in paragraph (a)(ii); and

         (ii)   such other information as the Commission may reasonably require him to provide;

   "provisional duty" means the duty imposed under section 16;

   "release" in respect of goods, means to authorise the removal of the goods from a Customs Officer, warehouse (including bonded warehouse) or duty free shop for use in Jamaica;

   "Subsidies Agreement" means the Agreement on Subsidies and Countervailing Measures concluded at Marrakesh, Morocco in 1994;

   "subsidy" in relation to goods that are exported to Jamaica means a financial contribution that is made in connection with the production, manufacture or export of those goods for the purpose of conferring a benefit in relation to those goods-

   (a)   by-

         (i)   a government of the country of export or country of origin of those goods; or

         (ii)   a public body of that country or of which that government is a member; or

         (iii)   a private body entrusted or directed by that government or public body to carry out a government function;

   (b)   by means of-

         (i)   a direct transfer of funds by the government or body as aforesaid to the enterprise by whom the goods are produced, manufactured or exported; or

         (ii)   the acceptance of liabilities (whether actual or potential) of that enterprise by that government or body; or

         (iii)   the foregoing or non-collection, of revenue other than allowable exemption or remission due to that government or body by that enterprise; or

         (iv)   the provision by that government or body of goods or services or other benefits to that enterprise otherwise than in the course of providing general infrastructure; or

         (v)   the purchase by that government or body of goods provided by that enterprise; or

         (vi)   the provision to the exporter of the goods of any form of income or price support as referred to in Article XVI of the General Agreement on Tariffs and Trade, 1994 that is received from such a government or body;

   "undertaking" means an undertaking with respect to goods that are the subject of a dumping or subsidizing investigation under this Act, that is to say-

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