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Anti-Dumping Duties Ordinance, 2000 (Repealed by Act XIV of 2015)

Ordinance· 2015· 38 pages
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Summary

The Anti-Dumping Duties Ordinance, 2000 set up Pakistan's legal framework for imposing extra "anti-dumping" duties on imported goods that are sold in Pakistan at less than their normal value in the exporter's home market, when that dumping injures a Pakistani domestic industry. It implemented Pakistan's obligations under Article VI of the WTO's General Agreement on Tariffs and Trade.

The National Tariff Commission, defined in Section 2, is the body that investigates and decides these cases. Section 4 defines dumping as selling an imported product in Pakistan below its normal value. Sections 5-9 explain how that normal value is worked out, usually the price the same product sells for in its home market (Section 5), or, if that's not usable, a price charged to a third country or a "constructed" cost-plus-profit value (Section 6). Sections 15-19 cover how the Commission must assess whether the dumping caused, or threatens to cause, material injury to the domestic industry, including cumulating the effect of imports from multiple countries under Section 16.

Sections 20-29 set out how an investigation starts, usually via a written application from the affected domestic industry (Section 24), though the Commission can also self-initiate one (Section 25). Section 43 and related sections allow the Commission to impose provisional duties during an investigation, and Sections 46-49 let exporters instead offer a "price undertaking" to raise their prices and avoid duties. Sections 50-57 govern how final anti-dumping duties are imposed and collected, including refunding any amount collected above the actual dumping margin (Section 52) and, in limited circumstances, applying duties retroactively (Sections 54-55).

Section 57 caps how long an anti-dumping duty can run, subject to review under Section 58 for changed circumstances or new, "newcomer," exporters under Section 60. Section 64 allows appeal of Commission decisions to an Appellate Tribunal.

This Ordinance was repealed and replaced by the Anti-Dumping Duties Act, 2015 (Act XIV of 2015); the substantive rules on dumping investigations in Pakistan today are governed by that later Act, not this one.

Key topics

Anti-dumping dutiesTrade remedy investigationsNational Tariff CommissionWTO trade lawRepealed legislation

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