{ "schema_version": "qanun-law-text/1", "id": "pk-code-9dfa7939fb51ac23", "title": "Anti-Dumping Duties Act, 2015", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2JwZ5Y%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "ec4e317ada0681f8b8dade78720d0165662f3f773f366ccc1a7eb07b5f6efd3e", "source_sha256": "ec4e317ada0681f8b8dade78720d0165662f3f773f366ccc1a7eb07b5f6efd3e", "text_version_id": "law:pk-code-9dfa7939fb51ac23:sha256:ec4e317ada0681f8b8dade78720d0165662f3f773f366ccc1a7eb07b5f6efd3e", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 39 \r\n \r\n \r\nTHE ANTI­DUMPING DUTIES ACT, 2015 \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n __________ \r\n \r\nPART I \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement \r\n \r\n2. Definitions \r\n \r\nPART II \r\nANTI­DUMPING MEASURES \r\n \r\n3. Levy of anti­dumping duty \r\n \r\n \r\nPART III \r\nIDENTIFICATION OF DUMPING AND DETERMINATION OF NORMAL VALUE \r\n \r\n4. Identification of dumping \r\n \r\n5. Normal value based on prices in exporting country \r\n \r\n6. Normal value based on export price to a third country or on constructed value \r\n \r\n7. Circumstances in which certain sales may be disregarded in determining normal value \r\n \r\n8. Calculation of costs for the purposes of sections 6 and 7 \r\n \r\n9. Exports from a country in which the government exercises sufficient control over economic \r\ndecisions so that the domestic market does not operate freely \r\n \r\n \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 39 \r\n \r\nPART IV \r\nDETERMINATION OF EXPORT PRICE \r\n10. Export price \r\n \r\nPART V \r\nCOMPARISON BETWEEN NORMAL VALUE AND \r\nEXPORT PRICE \r\n \r\n11. Comparison \r\n \r\n12. Comparison methods \r\n \r\n13. Currency conversion \r\n \r\n14. Individual dumping margin \r\n \r\nPART VI \r\nDETERMINATION OF INJURY \r\n15. Determination of injury \r\n \r\n16. Cumulation \r\n \r\n17. Examination of impact of dumped imports on domestic industry \r\n \r\n18. Causation \r\n \r\n19. Threat of material injury \r\n \r\nPART VII \r\nINITIATION AND CONDUCT OF INVESTIGATIONS \r\n \r\n20. Requirement of a written application \r\n \r\n21. Notice to government of exporting country \r\n \r\n22. Withdrawal of application before initiation \r\n \r\n23. Initiation of an investigation \r\n \r\n24. Application by or on behalf of domestic industry \r\n \r\n25. Self­initiation \r\n \r\n26. Imposition of anti­dumping measures on behalf of a third country \r\n \r\n27. Notice of decision to initiate investigation \r\n \r\n \r\nPage 3 of 39 \r\n \r\n28. Provision of copy of an application \r\n \r\nPART VIII \r\nCONDUCT OF INVESTIGATIONS \r\n \r\n29. Duration of investigation \r\n \r\n30. Customs clearance \r\n \r\n31. Confidentiality \r\n \r\n32. Reliance on best information available \r\n \r\n33. Information to parties \r\n \r\nPART IX \r\nINVESTIGATION PROCEDURES, PRELIMINARY \r\nAND FINAL DETERMINATIONS \r\n \r\n34. Proposed schedule for investigation \r\n \r\n35. Acquisition of information by the Commission \r\n \r\n36. Assessments to be on the basis of data relating to defined periods \r\n \r\n37. Preliminary determination \r\n \r\n38. Written arguments \r\n \r\n39. Final determination \r\nPART X \r\nTERMINATION OF INVESTIGATION WITHOUT \r\nADOPTION OF MEASURES \r\n \r\n40. Withdrawal of an application \r\n \r\n41. Termination for insufficient evidence, negligible dumping margin or negligible volume \r\n \r\n42. Notice of conclusion of an investigation without imposition of measures \r\n \r\nPART XI \r\nPROVISIONAL MEASURES \r\n \r\n43. Imposition of provisional measures \r\n \r\n44. Form of provisional measures \r\n45. Duration of application of provisional measures \r\n \r\nPage 4 of 39 \r\n \r\nPART XII \r\nPRICE UNDERTAKINGS \r\n \r\n46. Acceptance of price undertaking \r\n \r\n47. Conditions for acceptance of price undertaking \r\n \r\n48. Completion of an investigation \r\n \r\n49. Violation of price undertaking \r\n \r\n \r\nPART XIII \r\nIMPOSITION AND COLLECTION OF ANTI­DUMPING DUTIES \r\n \r\n50. Mandatory imposition of anti­dumping duty \r\n \r\n51. Imposition and collection of anti­dumping duties \r\n \r\n52. Refund of anti­dumping duties paid in excess of dumping margin \r\n \r\n53. Anti­dumping and countervailing duties and fees to be held in a non­lapsable personal ledger \r\naccount \r\nPART XIV \r\nRETROACTIVITY \r\n \r\n54. Retroactive application of definitive anti­dumping duties in certain circumstances \r\n \r\n55. Imposition of definitive anti­dumping duties retroactively \r\n \r\n56. Circumstances in which provisional measures and anti­dumping duties shall apply \r\n \r\nPART XV \r\nDURATION AND REVIEW OF ANTI­DUMPING DUTIES \r\nAND PRICE UNDERTAKINGS \r\n \r\n57. Duration of anti­dumping duty \r\n \r\n58. Review of anti­dumping duty \r\n \r\n59. Review for change of circumstances \r\n \r\n60. Newcomer review \r\n \r\n61. Duration and review of price undertakings \r\n \r\n62. Evidence and procedure \r\n \r\n63. Anti­circumvention measures \r\n \r\nPage 5 of 39 \r\n \r\nPART XVI \r\nAPPEAL TO APPELLATE TRIBUNAL \r\n \r\n64. Establishment of the Appellate Tribunal \r\n \r\n65. Qualifications and eligibility \r\n \r\n66. Disqualification \r\n \r\n67. Terms and Conditions \r\n \r\n68. Decisions, determinations and Quorum \r\n \r\n69. Operation of the Appellate Tribunal in the absence of the Chairman or a Member \r\n \r\n70. Appellate procedures \r\n \r\n71. Disclosure of interest \r\n \r\n72. Powers of the Appellate Tribunal \r\n \r\n73. Power of the Appellate Tribunal to call for and examine record \r\n \r\n74. Power to make rules \r\n \r\n75. Protection to persons prejudiced in employment because of assisting the Commission \r\n \r\n76. Appointment of advisers and consultants \r\n \r\n77. Removal of difficulty \r\n \r\n78. Act to override other laws \r\n \r\n79. Repeal \r\n \r\n80. Savings \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 6 of 39 \r\n \r\nTHE ANTI­DUMPING DUTIES ACT, 2015 \r\n \r\nACT No. XIV OF 2015 \r\n[8th September, 2015] \r\nAn Act to reform and repeal the Anti­Dumping Duties Ordinance, 2000 \r\nWHEREAS it is expedient to give effect in Pakistan to the provisions of Article VI of the General \r\nAgreement on Tariffs and Trade, 1994, and to the Agreement on Implementation thereof and to amend \r\nand consolidate the law relating to imposition of anti­dumping duties to offset such dumping, to \r\nprovide a framework for investigation and determination of dumping and injury in respect of goods \r\nimported into Pakistan and for matters ancillary thereto or connected therewith; \r\n \r\nAND WHEREAS the imposition of anti­dumping duties to offset injurious dumping is in the \r\npublic interest; \r\n \r\nAND WHEREAS it is expedient to provide for certain reforms in the Anti­Dumping Duties \r\nOrdinance, 2000 (LXV of 2000), by repealing the said Ordinance and re­enacting the law for the \r\npurposes hereinafter appearing; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\nPART I \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement.— (1) This Act may be called the Anti­Dumping \r\nDuties Act, 2015. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,— \r\n \r\n(a) “Appellate Tribunal” means the Appellate Tribunal established under section \r\n64; \r\n \r\n(b) “Commission” means the National Tariff Commission established under the \r\nlaw for the time being in force; \r\n \r\n(c) “Country” means any country or territory whether a member of the World Trade \r\nOrganisation or not and includes a customs union or separate customs territory; \r\n \r\n(d) “Domestic industry” means the domestic producers as a whole of a domestic \r\nlike product or those whose collective output of that product constitutes a major \r\nproportion of the total domestic production of that product; except when any \r\nsuch domestic producers are related to the exporters or importers, or are \r\nthemselves importers of the allegedly dumped invest igated product. In such a \r\ncase “domestic industry” may mean the rest of the domestic producers: \r\n \r\n \r\nPage 7 of 39 \r\n \r\nExplanation.— For the purposes of this clause, producers shall be \r\ndeemed to be related to exporters or importers only if— \r\n(i) one of them directly or indirectly controls the other; \r\n(ii) both of them are directly or indirectly controlled by the same third person; \r\nor \r\n(iii) together they directly or indirectly control a third person: \r\nProvided that there are grounds for believing or suspecting that the \r\neffect of the relationship is such as to cause the producer concerned to \r\nbehave differently from non­ related producers. For that purpose one shall \r\nbe deemed to control another when the former is legally or operationally in \r\na position to exercise restraint or direction over the latter; \r\nProvided further that, in exceptional circumstances, as may be \r\ndetermined by the Commission, domestic industry in relation to a product \r\nin question may be divided into two or more competitive markets and \r\nproducers within each such market may be regarded as a separate industry \r\nif— \r\n(i) the producers within such a market sell all or almost all of their production \r\nof the product in question in such a market; and \r\n(ii) the demand in such a market is not, to any substantial degree, supplied by \r\nproducers of the product in question located elsewhere in Pakistan; \r\n(e) “Domestic like product” means a “like product” that is produced by the domestic \r\nIndustry; \r\n(f) “Dumping margin” in relation to a product, means the amount by which its normal \r\nvalue exceeds its export price; \r\n(g) “Export price” means export price determined in accordance with Par t IV of this \r\nAct; \r\n(h) “Exporting country ” means, save as provided in sub­section (3) of section 5, a \r\ncountry from which an investigated product is exported to Pakistan; \r\n1[(ha) “foreign grant-in-aid projects” means grants made to the Government of Pakistan \r\nunder section 7 of the Public Finance Management Act, 2019 2[:]] \r\n2[Provided that this clause shall be deemed to have come into force on and \r\nfrom the 1st day of July, 2020;] \r\n(i) “Injury” means, unless otherwise specified, material injury to a domestic industry, \r\nthreat of material injury to a domestic industry or material retardation of the \r\nestablishment of a domestic industry, when dumped imports are causing such \r\ninjury; \r\n \r\n \r\n1Ins. by Act No. XXIX of 2022, s. 2. \r\n2Subs. and added by Act No. XXX of 2025, s.2. \r\n \r\n \r\nPage 8 of 39 \r\n \r\n(j) “interested party” includes— \r\n \r\n(i) any exporter or foreign producer of an investigated product; \r\n \r\n(ii) any importer of an investigated product; \r\n \r\n(iii) trade or business association a majority of the members of which are \r\nproducers, exporters or importers of an investigated product; \r\n \r\n(iv) the government of an exporting country; \r\n \r\n(v) any producer of a domestic like product in Pakistan; \r\n \r\n(vi) trade or business associations a majority of the members of which \r\nproduce a domestic like product in Pakistan; and \r\n \r\n(vii) such other person or group of persons as the Commission may, by \r\nnotification in the official Gazette, specify; \r\n \r\n(k) “investigated product” means a product which is subject to an anti­dumping \r\ninvestigation as described in the notice of initiation of the investigation; \r\n \r\n(l) “investigation” means an investigation conducted under this Act; \r\n \r\n(m) “like product” means a product which is alike in a ll respects to an investigated \r\nproduct or, in the absence of such a product, another product which, although \r\nnot alike in all respects, has characteristics closely resembling those of the \r\ninvestigated product; \r\n \r\n(n) “Normal value” means normal value determined in accordance with Part III of \r\nthis Act; \r\n \r\n(o) “prescribed” means prescribed by rules made under this Act; and \r\n \r\n(p) “WTO” means the World Trade Organisation established pursuant to the \r\nMarrakesh Agreement concluded in Marrakesh, Morocco, on the 15th of April, \r\n1994. \r\n \r\nPART II \r\n \r\nANTI­DUMPING MEASURES \r\n \r\n3. Levy of anti­dumping duty .—(1) The Commission shall, by notification in the official \r\nGazette, impose anti­dumping measures on products imported into Pakistan when it determines, \r\npursuant to an investigation initiated and conducted in accordance with the provisions of this Act \r\nthat— \r\n \r\n(a) an investigated product is dumped within the meaning of this Act; and \r\n \r\n(b) injury is being caused to domestic industry within the meaning of this Act. \r\n \r\nPage 9 of 39 \r\n \r\nPART III \r\n \r\nIDENTIFICATION OF DUMPING AND DETERMINATION OF NORMAL VALUE \r\n \r\n4. Identification of dumping.— For the purposes of this Act an investigated product shall be \r\nconsidered to be dumped if it is introduced into the commerce of Pakistan at a price which is less than \r\nits normal value. \r\n \r\n5. Normal value based on prices in exporting country.— (1) Save as provided for in section \r\n6, the Commission shall establish normal value of an investigated product on the basis of comparable \r\nprice paid or payable, in the ordinary course of trade, for sales of a like product when destined for \r\nconsumption in an exporting country. \r\n \r\n (2) Notwithstanding anything contained in sub­section (1), the Commission may establish \r\nnormal value of an investigated product on the basis of comparable price paid or payable in the ordinary \r\ncourse of trade for sales of a like product when destin ed for consumption in the country of origin of \r\nthe investigated product if — \r\n \r\n(a) such products are not produced in an exporting country; or \r\n \r\n(b) there is no comparable price for them in an exporting country. \r\n \r\n(3) In the event the Commission decides to e stablish normal value on the basis of the country \r\nof origin of an investigated product pursuant to sub­section (2), any reference to an exporting country \r\nin this Act shall be deemed to refer to the country of origin of the investigated product. \r\n \r\n6. Normal value based on export price to a third country or on constructed value .—(1) \r\nWhen there are no sales of a like product in the ordinary course of trade in domestic market of an \r\nexporting country, or when such sales do not permit a proper comparison because o f any particular \r\nmarket situation or low volume of the sales in the domestic market of the exporting country, the \r\nCommission shall establish normal value of an investigated product on the basis of either — \r\n \r\n(a) a comparable price of the like product when exported to an appropriate third \r\ncountry provided that this price is representative; or \r\n \r\n(b) the cost of production in the exporting country plus a reasonable amount for \r\nadministrative, selling and general costs and for profits. \r\n \r\n(2) Sales of the like product destined for consumption in the domestic market of the exporting \r\ncountry or sales to an appropriate third country shall normally be considered to be a sufficient quantity \r\nfor the determination of normal value if such sales constitute five per cent or more of the sales of the \r\ninvestigated product to Pakistan : \r\n \r\nProvided that, if such sales con stitute less than five per cent of the sales of the investigated \r\nproduct to Pakistan, the Commission shall accept a lower ratio if, on the basis of evidence submitted \r\nby interested parties or otherwise available to it, it is satisfied that sales at such lo wer ratio are \r\nnonetheless of sufficient magnitude to provide for a proper comparison. \r\n \r\n \r\n \r\n \r\nPage 10 of 39 \r\n \r\n7. Circumstances in which certain sales may be disregarded in determining normal \r\nvalue.—(1) The Commission may treat sales of a like product in domestic market of an exporting \r\ncountry or sales to a third country at prices below per unit, fixed and variable, cost of production plus \r\nadministrative, selling and other costs as not being in the o rdinary course of trade by reason of price \r\nand may disregard such sales in determining normal value only if the Commission determines that \r\nsuch sales were made­ \r\n \r\n(a) within an extended period of time which shall normally be a period of one year \r\nand in no case less than a period of six months; \r\n \r\n(b) in substantial quantities; and \r\n \r\n(c) at prices which do not provide for the recovery of all costs within a reasonable \r\nperiod of time. \r\n \r\n(2) For the purposes of sub­clause (b) of sub­section (1), sales below per u nit cost shall be \r\ndeemed to be in substantial quantities if the Commission establishes that— \r\n \r\n(a) a weighted average selling price of transactions under consideration for the \r\ndetermination of normal value is below a weighted average cost; or \r\n \r\n(b) the volume of sales below per unit cost represents twenty per cent or more of \r\nthe volume sold in transactions under consideration for the determination of \r\nnormal value. \r\n \r\n(3) If prices which are below per unit cost at the time of sale are above the weighted averag e \r\ncost for the period of investigation, the Commission shall consider such prices as providing for \r\nrecovery of costs within a reasonable period of time. \r\n \r\n8. Calculation of costs for the purposes of sections 6 and 7 .— (1) For the purposes of \r\nsections 6 and 7, the Commission shall normally calculate costs on the basis of records kept by an \r\nexporter or a producer under investigation provided that such records are in accordance with the \r\ngenerally accepted accounting principles of an exporting country and reason ably reflect the costs \r\nassociated with the production and sale of a like product. \r\n \r\n(2) For the purposes of sections 6 and 7, the amounts for administrative, selling and general \r\ncosts and for profits shall be based on actual data pertaining to production an d sales in the ordinary \r\ncourse of trade of a like product for consumption in an exporting country by any exporter or producer \r\nunder investigation: \r\n \r\nProvided that where the Commission is satisfied that such amounts cannot be determined on \r\nthe basis set out in sub­section (2), the amounts may be determined on the basis of — \r\n \r\n(a) the actual amounts incurred and realised by an exporter or a producer in question \r\nin respect of production and sales in domestic market of an exporting country \r\nof the same general category of products; \r\n \r\n(b) the weighted average of the actual amounts incurred and realised by other \r\nexporters or producers subject to investigation in respect of production and sales \r\nof a like product in domestic market of an exporting country; or \r\n \r\nPage 11 of 39 \r\n \r\n(c) any other reasonable method provided that the amount for profit so established \r\nshall not exceed the profit normally realised by other exporters or producers on \r\nsales of products of the same general category in domestic market of an \r\nexporting country of a like product. \r\n \r\n(3) The Commis sion shall consider all available evidence on the proper allocation of costs, \r\nincluding such information as is made available by any exporter or producer of a like product in the \r\ncourse of an investigation provided that such allocations have been historically utilised by the exporter \r\nor producer, in relation to establishing appropriate amortisation and depreciation periods and \r\nallowances for capital expenditures and other development cost, as the case may be. \r\n \r\n (4) Unless already reflected in the cost all ocations under this section, the Commission shall \r\nadjust costs appropriately for those non­recurring items of cost which benefit either future or current \r\nproduction or both, or, for circumstances in which costs during the period of investigation are affected \r\nby start­up operations. Such adjustment made for start­up operations shall reflect the costs at the end \r\nof the start­up period or, if that period extends beyond the period of investigation, the most recent costs \r\nwhich can reasonably be taken into account by the Commission during the investigation. \r\n \r\n9. Exports from a country in which the government exercises sufficient control over \r\neconomic decisions so that the domestic market does not operate freely .—(1) Where the \r\nCommission determines that the government of an exporting country exercises sufficient control over \r\neconomic decisions so that domestic market of such exporting country does not operate freely, the \r\nCommission may, determine normal value on the basis of — \r\n \r\n(a) a comparable price paid or payable, in the ordinary course of trade, for sales of \r\na like product when destined for consumption in an appropriate market economy \r\ncountry; \r\n \r\n(b) where the Commission determines that the provisions of clause (a) cannot be \r\napplied, a comparable price paid or payable, in the ordinary course of trade, for \r\nexports of a like product from an appropriate market economy country to other \r\ncountries, including Pakistan; \r\n \r\n(c) where the Commission determines that the provisions of clauses (a) and (b) may \r\nnot be applied, a pr ice actually paid or payable in Pakistan for a domestic like \r\nproduct, duly adjusted if necessary to include a profit margin corresponding to \r\nthe margin to be expected under the existing economic circumstances for the \r\nsector concerned; or \r\n \r\n(d) where the Commission determines that the provisions of clauses (a), (b) and (c) \r\nmay not be applied, any other reasonable basis. \r\n \r\n(2) In identifying an appropriate market economy country for the purposes of sub­ section (1), \r\nthe Commission shall take into account factors such as — \r\n \r\n(a) similarity of the product in terms of materials and end use; \r\n \r\n(b) similarity of production methods; and \r\n \r\n(c) availability of necessary information to the Commission. \r\n \r\nPage 12 of 39 \r\n \r\nPART IV \r\n \r\nDETERMINATION OF EXPORT PRICE \r\n \r\n10. Export price.—(1) Save as provided for in sub­sections (2) and (3), an export price shall \r\nbe a price actually paid or payable for an investigated product when sold for export from an exporting \r\ncountry to Pakistan. \r\n \r\n(2) In cases where there is no export price or where it appears to the Commission that an export \r\nprice is unreliable because of association or a compensatory arrangement between an exporter and an \r\nimporter or a third party— \r\n \r\n(a) the export price may be constructed on the basis of a price at which imported \r\nproducts are first resold to an independent buyer; or \r\n \r\n(b) if the imported products are not resold to an independent buyer, or not resold in \r\nthe condition as imported, on such reasonable basis as the Commission may \r\ndetermine. \r\n \r\n(3) Where, the Commission determine s normal value on the basis of the country of origin \r\npursuant to sub­section (2) of section 5, an export price shall be a price actually paid or payable, as \r\ndetermined by the Commission, for an investigated product when sold for export in the country of \r\norigin of the investigated product. \r\n \r\nPART V \r\n \r\nCOMPARISON BETWEEN NORMAL VALUE AND EXPORT PRICE \r\n \r\n11. Comparison.—(1) To ensure a fair comparison between export price and normal value, \r\nthe Commission shall, where possible, compare export price and normal value with the same \r\ncharacteristics in terms of level of trade, time of sale, quantities, taxes, physical characteristics, \r\nconditions and terms of sale and for delivery at the same place which shall normally be at ex­factory \r\nlevel. Where an interested party demonstrates to the Commission that any of the factors set out in this \r\nsubsection or any other factors identified by such interested party affect price comparability, the \r\nCommission shall make due allowance for differences in such factors to the extent that the same affect \r\nprice comparability. \r\n \r\n(2) In cases where export price is constructed on the basis of a price at which imported products \r\nare first resold to an independent buyer pursuant to sub­clause (a) of sub­section (2) of section 10, \r\nallowances for costs including duties and taxes incurred between importation and resale, and a \r\nreasonable amount for profits accruing, may also be made. If in such cases price comparability has \r\nbeen affected, the Commission shall establish normal value at a level of trade equ ivalent to a level of \r\ntrade of a constructed export price, or shall make due allowance as warranted under this section. \r\n \r\n(3) The Commission shall indicate to the parties in question what information is necessary to \r\nensure a fair comparison and shall not impose an unreasonable burden of proof on those parties. \r\n \r\n12. Comparison methods .—(1) Subject to section 11, existence of dumping margin shall \r\nnormally be established on the basis of a comparison of a weighted average normal value with a \r\n \r\nPage 13 of 39 \r\n \r\nweighted average of prices of all comparable export transactions or by a comparison of normal value \r\nand export prices on a transaction­to­ transaction basis. \r\n \r\n(2) Normal value established on a weighted average basis may be compared to prices of \r\nindividual export transactions if— \r\n \r\n(a) the Commission finds a pattern of export prices, which differs significantly \r\namong different purchasers, regions or time periods; and \r\n \r\n(b) the Commission provides an explanation as to why such differences cannot be \r\ntaken into account appropriately by the use of a weighted average­to­weighted \r\naverage or transaction­to­transaction comparison. \r\n \r\n 13. Currency conversion.—(1) Should the price comparison under sections 11 and 12 require \r\na conversion of currencies, the Commission shall make such conversion using the rate of exchange on \r\nthe date of sale. \r\n \r\n(2) For the purposes of sub­section (1 ) the date of sale shall normally be the date of contract, \r\npurchase order, order confirmation or invoice, whichever establishes the material terms of sale. \r\n \r\n(3) Notwithstanding anything in sub­sections (1) and (2), when a sale of foreign currency on \r\nforward markets is used in direct relation to an export sale, the Commission shall use the rate of \r\nexchange in the forward sale for all the related transactions. \r\n \r\n(4) The Commission shall ignore fluctuations in exchange rates and shall allow exporters at \r\nleast sixty days to have adjusted their export prices to reflect sustained movements in exchange rates \r\nduring the period of investigation. \r\n \r\n14. Individual dumping ma rgin.—(1) The Commission shall determine an individual \r\ndumping margin for each known exporter or producer of an investigated product. \r\n \r\n(2) Notwithstanding anything contained in sub­section (1), where the Commission is satisfied \r\nthat the number of exporters , producers or importers, or types of products involved is so large as to \r\nmake it impracticable to determine an individual dumping margin for each known exporter or producer \r\nconcerned of an investigated product, the Commission may limit its examination to a reasonable \r\nnumber of interested parties or investigated products by using samples which are statistically valid on \r\nthe basis of information available to the Commission at the time of selection, or to the largest \r\npercentage of volume of exports from the country in question which can reasonably be investigated. \r\n \r\n(3) The selection of exporters, producers, importers or types of products shall normally be made \r\nby the Commission in consultation with the exporters, producers or importers concerned: \r\n \r\nProvided that the final selection of the exporters, producers, importers or types of products \r\nshall rest with the Commission. \r\n \r\n(4) In cases where the Commission has limited its examination as provided for in sub­sections \r\n(2) and (3), the Commission shall n evertheless determine an individual dumping margin for any \r\nexporter or producer who voluntarily submits the necessary information in time for that information \r\nto be considered during the course of an investigation: \r\n \r\n \r\nPage 14 of 39 \r\n \r\nProvided that where the Commission deter mines that the number of exporters or producers is \r\nso large that individual examinations would be unduly burdensome to the Commission and prevent the \r\ntimely completion of the investigation, the Commission may decline to determine an individual \r\ndumping margin on the basis of such voluntary responses and limit its examination to such exporters \r\nand producers selected pursuant to sub­section (2). \r\n \r\nPART VI-DETERMINATION OF INJURY \r\n15. Determination of injury .— (1) A determination of injury, for the purposes of th is Act \r\nshall be based on an objective examination of all relevant factors by the Commission which shall \r\ninclude but shall not be limited to — \r\n \r\n(a) volume of dumped imports; \r\n \r\n(b) effect of dumped imports on prices in domestic market for like products; and \r\n \r\n(c) consequent impact of dumped imports on domestic producers of such products. \r\n \r\n(2) With regard to volume of dumped imports, the Commission shall consider whether there \r\nhas been a significant increase in dumped imports, either in absolute terms or relative to production or \r\nconsumption in Pakistan. \r\n \r\n(3) With regard to effect of dumped imports on prices in domestic market, the Commission \r\nshall consider whether— \r\n \r\n(a) there has been a significant price undercutting by the dumped imports as \r\ncompared with price of a domestic like product; or \r\n \r\n(b) whether the effect of dumped imports is otherwise to depress prices to a \r\nsignificant degree or prevent price increases, which otherwise would have \r\noccurred, to a significant degree. \r\n \r\n(4) No one or several of the factors identified in sub­section (2) or (3) shall be deemed to \r\nnecessarily give decisive guidance and the Commission may take into account such other factors as it \r\nconsiders relevant for the determination of injury. \r\n \r\n(5) In circumstances wh ere domestic industry in relation to a product in question has been \r\ndivided into two or more competitive markets, and producers within each such market are regarded as \r\na separate industry under the second proviso to the explanation to clause (e) of section 2, injury may \r\nbe found to exist even where a major portion of the total domestic industry does not suffer injury \r\nprovided that, there is a concentration of dumped imports into such a market, and provided further that \r\ndumped imports are causing injury to t he producers of all or almost all of the production within such \r\nmarket. \r\n \r\n16. Cumulation.— Where imports of a like product from more than one country are the subject \r\nof simultaneous investigations under this Act the Commission may cumulatively assess the ef fects of \r\nsuch imports on domestic industry only if it determines that— \r\n \r\n(a) dumping margin in relation to an investigated product from each country is \r\nmore than the negligible amount as specified in clause (a) of subsection (3) of \r\n \r\nPage 15 of 39 \r\n \r\nsection 41, and volume o f dumped imports from each investigated country is \r\nnot less than the negligible quantity as specified in clause (b) of sub­section (3) \r\nof section 41; and \r\n \r\n (b) a cumulative assessment of the effects of the imports is appropriate in the light \r\nof— \r\n \r\n(i) the conditions of competition between the imports; and \r\n \r\n(ii) the conditions of competition between the imports and a domestic like \r\nproduct. \r\n \r\n17. Examination of impact of dumped imports on domestic industry.—(1) An examination \r\nof impact of dumped imports on d omestic industry concerned shall include an evaluation by the \r\nCommission of all relevant economic factors and indices having a bearing on the state of the domestic \r\nindustry, including, but not limited to— \r\n \r\n(a) actual and potential decline in sales, profits, output, market share, productivity, \r\nreturn on investments, or utilisation of capacity; \r\n \r\n(b) factors affecting domestic prices; \r\n \r\n(c) magnitude of dumping margin; and \r\n \r\n(d) actual and potential negative effects on cash flow, inventories, employment, \r\nwages, growth, ability to raise capital or investments. \r\n \r\nExplanation.—The list of factors specified in sub­section (1) shall not be exhaustive, nor shall \r\none or several of these factors be deemed to necessarily give decisive guidance. \r\n \r\n(2) The Commission shall assess effect of dumped imports in relation to production of a \r\ndomestic like product in Pakistan when available data permit separate identification of that production \r\non the basis of criteria of production process, producer’s sales and profits: \r\n \r\nProvided that if such separate identification of that production is not possible, the Commission \r\nshall assess effects of dumped imports by examination of the production of the narrow est group or \r\nrange of products, which includes a domestic like product, for which necessary information can be \r\nprovided. \r\n \r\n18. Causation.—(1) The Commission shall satisfy itself that dumped imports are, through the \r\neffects of dumping, as provided in sections 15 and 17, causing injury within the meaning of this Act. \r\nThe consideration of a causal relationship between dumped imports and injury to domestic industry \r\nshall be based on an examination by the Commission of all relevant evidence before it. \r\n \r\n(2) The Commission shall examine any known factors other than dumped imports which are \r\ninjuring domestic industry and injuries caused by such other factors shall not be attributed by the \r\nCommission to the dumped imports. \r\n \r\n(3) Factors which may be relevant for the purposes of an examination by the Commission \r\npursuant to sub­section (2) may include the following, namely:— \r\n \r\nPage 16 of 39 \r\n \r\n \r\n(a) volume and price of imports not sold at dumping prices; \r\n \r\n(b) contraction in demand or changes in the patterns of consumption; \r\n \r\n(c) trade res trictive practices of and competition between foreign and domestic \r\nproducers; \r\n \r\n(d) developments in technology; and \r\n \r\n(e) export performance and productivity of domestic industry. \r\n \r\n19. Threat of material injury.— (1) In making a determination regarding existence of a threat \r\nof material injury, the Commission shall consider all relevant factors, including but not limited to, such \r\nfactors as— \r\n \r\n(a) a significant rate of increase of dumped imports into domestic market indicating \r\nthe likelihood of substantially increased importation; \r\n \r\n(b) sufficient freely disposable, or an imminent and substantial increase in capacity \r\nof an exporter indicating the likelihood of substantially increased dumped \r\nexports to market in Pakistan, taking into account the availability of other export \r\nmarkets to absorb any additional exports; \r\n \r\n(c) whether imports are entering at prices that shall have a significant depressing or \r\nsuppressing effect on prices in Pakistan, and would likely increas e demand for \r\nfurther imports; and \r\n \r\n(d) inventories of an investigated product. \r\n \r\n(2) No one factor specified in sub­section (1) shall by itself, be deemed to necessarily give \r\ndecisive guidance and in making a determination regarding a threat of material injury the Commission \r\nshall, on the basis of the totality of the factors considered, satisfy itself that further dumped exports are \r\nimminent and that, unless protective action is taken, material injury shall occur. \r\n \r\nPART VII \r\n \r\nINITIATION AND CONDUCT OF INVESTIGATIONS \r\n \r\n20. Requirement of a written application .—(1) Subject to section 24 and save as provided \r\nfor in section 25, an investigation by the Commission shall only be initiated upon a written application \r\nby or on behalf of domestic industry. \r\n \r\n(2) An application under sub­section (1) shall— \r\n \r\n(a) be submitted to the Commission in such manner, number and form and with \r\nsuch fee as may be prescribed; \r\n \r\n \r\nPage 17 of 39 \r\n \r\n(b) include evidence of dumping and injury within the meaning of this Act and the \r\ncausal link between the dumped imports and the alleged injury, as is reasonably \r\navailable to the applicant; and \r\n \r\n(c) contain such further information as may be prescribed. \r\n \r\n 21. Notice to government of exporting country .—Upon receipt of a duly documented \r\napplication compliant with the requirements of sections 20 and 24, the Commission shall promptly \r\ngive notice to the government of each exporting country of the receipt of such application. \r\n \r\n22. Withdrawal of application before initiation .—An application under section 20 may be \r\nwithdrawn prior to initiation, in which case it shall be considered not to have been made: \r\n \r\nProvided that upon the withdrawal of an application any fee paid along with the application \r\npursuant to clause (i) of sub­section (2) of section 20 shall stand forfeited in favour of the Commission. \r\n \r\n23. Initiation of an investigation.—(1) Subject to section 24, the Commission shall examine \r\naccuracy and adequacy of evidence provided in an application to determine whether it is compliant \r\nwith the requirements of section 20 and if so whether there is sufficient evidence to justify initiation \r\nof an investigation. \r\n \r\n(2) An application under section 20 shall be rejected as soon as the Commission is satisfied \r\nthat sufficient evidence is not available to indicate du mping or any injury to justify initiation of an \r\ninvestigation. \r\n \r\n(3) The Commission may seek additional information from an applicant before deciding \r\nwhether to initiate an investigation and such information shall be provided by the applicant to the \r\nCommission within such time and in such manner as may be prescribed. \r\n \r\n(4) When the Commission is satisfied that — \r\n \r\n(a) an application under section 20 has been made by or on behalf of domestic \r\nindustry; and \r\n(b) there is sufficient evidence of dumping and injury within the meaning of this \r\nAct, \r\nthe Commission shall initiate an investigation. \r\n(5) Where the Commission does not consider it appropriate to initiate an investigation, it shall \r\ninform all the applicants of the reasons for not initiating the investigation and shall inform the exporting \r\ncountry of its decision. \r\n \r\n24. Application by or on behalf of domestic industry .—(1) For the purposes of section 20, \r\nan application shall be considered to have been made by or on behalf of domestic industry only if it is \r\nsupported by those domestic producers whose collective output constitutes more than fifty per cent of \r\nthe total production of a domestic like product produced by that portion of the domestic industry \r\nexpressing either support for or opposition to the application. \r\n \r\n \r\nPage 18 of 39 \r\n \r\n(2) For the purposes of section 23, no investigation shall be initiated when domestic producers \r\nexpressly supporting an application account for less than twenty­five percent of the total production of \r\na domestic like product produced by domestic industry. \r\n \r\n(3) In the case of fragmented industries involving an exceptionally large number of producers, \r\nthe Commission may determine support and opposition for an application submitted under section 20 \r\nby using statistically valid sampling techniques. \r\n \r\n25. Self­initiation.—The Commission may, suo moto, initiate an investigation without having \r\nreceived a written application by or on behalf of domestic industry if it has sufficient evidence of \r\ndumping and injury, within the meaning of this Act to justify initiation of an investigation. \r\n \r\n26. Imposition of anti­dumping measures on behalf of a third country.—(1)An application \r\nfor imposition of anti­dumping measures may be made to the Commission on behalf of a third country \r\nby its authorities provided that— \r\n \r\n(a) such application is supported by price information to show that imported goods \r\nare being dumped and by detailed information to show that such dumping is \r\ncausing injury to domestic industry concerned in the third country; and \r\n \r\n(b) the government of the third country affords all assistance to the Commission to \r\nobtain such further information as the Commission may require. \r\n \r\n(2) In considering an application received under sub­section (1), the Commission shall consider \r\nthe effects of alleged dumping o n the industry concerned as a whole in the third country and injury \r\nshall not be assessed in relation only to the effect of the alleged dumping on the industry's exports to \r\nPakistan or on the industry's total exports of the product. \r\n \r\n(3) The decision whether or not to initiate an investigation pursuant to an application received \r\nunder sub­section (1) shall rest with the Commission: \r\n \r\nProvided that the Commission shall not initiate such investigation until the Federal \r\nGovernment has requested and received approval for such an initiation from the Council for Trade in \r\nGoods of the WTO. \r\n \r\n27. Notice of decision to initiate investigation .—(1) When the Commission has decided to \r\ninitiate an investigation it shall — \r\n \r\n(a) give notice to all exporters, importers and any representative associations of \r\nimporters or exporters known to the Commission to be concerned, as well as \r\nrepresentatives of the exporting country, the applicant and other interested \r\nparties known to the Commission to have an interest therein; and \r\n \r\n(b) publish a copy of such notice in the official Gazette and in at least one issue \r\neach of a daily newspaper in the English language and a daily newspaper in the \r\nUrdu language having wide circulation in Pakistan. \r\n \r\n(2) The notice of initiation of an investigation referred to in sub­section (1) shall be in such \r\nform and contain such information as may be prescribed and the initiation of investigation shall be \r\n \r\nPage 19 of 39 \r\n \r\neffective on the date on which such notice is published in the newspapers as provided for in clause (b) \r\nof sub­section (1). \r\n \r\n28. Provision of copy of an application. —Subject to the requirement to protect confidential \r\ninformation pursuant to section 31, the Commission shall, after initiation of an investigation, provide \r\nto any interested party the full text of the written application received by the Commission under sub­ \r\nsection (1) of section 20: \r\n \r\nProvided that where the Commission determines that the number of interested parties is \r\nparticularly high, the Commission shall only provide the ful l text of the written application received \r\nby it under sub­section (1) of section 20 to exporting country or to the relevant trade association of \r\nexporting country. \r\n \r\nPART VIII \r\n \r\nCONDUCT OF INVESTIGATIONS \r\n \r\n29. Duration of investigation. —The Commission shall, except in special circumstances, \r\nconclude an investigation within twelve months, and in no case more than eighteen months, after its \r\ninitiation. \r\n \r\n30. Customs clearance.—Any proceedings or investigation under this Act shall not hinder the \r\nprocedures of customs clearance. \r\n \r\n31. Confidentiality.—(1) Subject to sub­section (2), the Commission shall, during and after \r\nan investigation, keep confidential any information submitted to it and such information shall not be \r\ndisclosed without specific permission of the party submitting it. \r\n \r\n(2) Any information which is— \r\n \r\n(a) by nature confidential, because its disclosure shall be of significant competitive \r\nadvantage to a competitor, or because its disclosure would have a significantly \r\nadverse effect upon a person supplying the information, or upon a person from \r\nwhom the information was acquired; \r\n \r\n(b) determined by the Commission to be of a confidential nature for any other \r\nreason; or \r\n \r\n(c) provided as confidential by parties to an investigation, shall, on good cause \r\nshown, be kept confidential by the Commission. \r\n \r\n(3) The following types of information shall be deemed to be by nature confidential, unless the \r\nCommission determines that disclosure in a particular case would neither be of significant competitive \r\nadvantage to a competitor nor have a significantly adverse effect upon a person supplying the \r\ninformation or upon a person from whom such information was acquired, namely: — \r\n \r\n(a) business or trade secrets concerning the nature of a product, production \r\nprocesses, operations, production equipment, or machinery; \r\n \r\n \r\nPage 20 of 39 \r\n \r\n(b) information concerning financial condition of a company which is not publicly \r\navailable;and \r\n \r\n(c) information concerning costs, identification of customers, sales, inventories, \r\nshipments, or amount or source of any income, profit, loss or expenditure related \r\nto manufacture and sale of a product. \r\n \r\n(4) Any party seeking any information to be kept confidential shall request for the same at the \r\ntime the information is submitted, along with the reasons warranting confidentiality. The Commission \r\nshall consider such r equest expeditiously and inform the party submitting the information if it \r\ndetermines that the request for keeping the information confidential is not warranted. \r\n \r\n(5) Any party submitting any information with the request to keep it confidential shall furni sh \r\nnon­confidential summary of all such information. Such summary may take the form of ranges or \r\nindexation of figures provided in the confidential version or marked deletions in text or in such other \r\nform as the Commission may require: \r\n \r\nProvided that such non­confidential summary shall permit a reasonable understanding of the \r\nsubstance of the information submitted in confidence: \r\n \r\nProvided further that any deletion in text shall, unless otherwise allowed by the Commission, \r\nonly relate to names of the buyer or supplier. \r\n \r\n(6) In exceptional circumstances, any party submitting confidential information may indicate \r\nthat such information is not susceptible of summary, in which case a statement of the reasons why \r\nsummarisation is not possible shall be provided. If the Commissio n concludes that the non­ \r\nconfidential summary provided fails to satisfy the requirements of sub­section (5), it may determine \r\nthat the request for keeping the information confidential is not warranted. \r\n \r\n(7) If the Commission finds that a request for keepi ng the information confidential is not \r\nwarranted, and if the supplier of such information is unwilling to make it public or to authorise the \r\ndisclosure in generalised or summary form, the Commission shall disregard such information and \r\nreturn the same to the party submitting it. \r\n \r\n(8) Subject to sub­section (9), notwithstanding anything contained in this Act or in any other \r\nlaw for the time being in force, any confidential information received or obtained, directly or indirectly, \r\nby the Commission pursuant to or in connection with an investigation shall not be subject to disclosure \r\nby the Commission to any Ministry, Division, department, agency or instrumentality of the Federal \r\nGovernment or a Provincial Government without the prior permission of the party su bmitting such \r\nconfidential information. \r\n \r\n(9) The provisions of sub­section (8) shall not preclude the supply of any information called \r\nfor by the Appellate Tribunal pursuant to section 72: \r\n \r\nProvided that the obligation to protect confidential information as provided for in this Chapter \r\nshall, mutatis mutandis, extend to the Appellate Tribunal. \r\n \r\n32. Reliance on best information available .— (1) Subject to sub­section (2), if, at any time \r\nduring an investigation, any interested party— \r\n \r\n \r\nPage 21 of 39 \r\n \r\n(a) refuses access to, or otherwise does not provide, necessary information within \r\nthe period of time as may be prescribed; or \r\n \r\n(b) otherwise significantly impedes the investigation, the Commission may reach \r\npreliminary and final determinations, whether affirmative or negative, on the \r\nbasis of the best information available. \r\n \r\n (2) The provisions of the Schedule to this Act shall be followed in the application of \r\nsub­section (1). \r\n \r\n(3) The Commission shall take due account of any difficulties experienced by interested parties, \r\nin particular, small companies, in supplying information requested by it and may, where it deems fit, \r\nprovide such assistance as is practicable including, but not limited to, extension of any time period \r\nprescribed for submission of information under this Act. \r\n \r\n(4) The Commission shall satisfy itself of the accuracy of the information supplied by interested \r\nparties during the course of an investigation in such manner as may be prescribed. \r\n \r\n33. Information to parties .—The Commission shall provide an opportunity to all interested \r\nparties to see information submitted to it, which is not confidential and is relevant to the presentation \r\nof their case. \r\n \r\nPART IX \r\n \r\nINVESTIGATION PROCEDURES, PRELIMINARY AND FINAL DETERMINATIONS \r\n \r\n34. Proposed schedule for investigation.—The Commission shall, in a notice of initiation of \r\nan investigation referred to in section 27, include the proposed schedule for conduct of an investigation, \r\nincluding the proposed time limits for submission of writ ten arguments, the proposed date for any \r\nhearing, if requested, the proposed date for preliminary determination, and the proposed date for final \r\ndetermination. \r\n \r\n35. Acquisition of information by the Commission.— The Commission shall solicit, gather, \r\nobtain, verify, accept and reject information for the purposes of an investigation in such manner as \r\nmay be prescribed. \r\n \r\n36. Assessments to be on the basis of data relating to defined periods .—(1) The \r\nCommission shall base its assessments of dumping and injury on data relating to defined periods which \r\nshall be the periods for which information is required by the Commission. \r\n \r\n(2) For the purposes of an investigation of dumping, an investigation period shall normally \r\ncover twelve months preceding the month of initiation of the investigation for which data is available \r\nand in no case the investigation period shall be shorter than six months. \r\n \r\n(3) For the purposes of an investigation of injury, the investigation period shall normally cover \r\nthirty­six months: \r\n \r\nProvided that the Commission may at its sole discretion, select a shorter or longer period if it \r\ndeems it appropriate in view of available information regarding domestic industry and an investigated \r\nproduct. \r\n \r\nPage 22 of 39 \r\n \r\n \r\n37. Preliminary determination .—(1) The Commission shall make a preliminary \r\ndetermination of dumping and injury, if any, not earlier than sixty days and not later than one hundred \r\nand eighty days, after initiation of an investigation. Such preliminary determination shall be based on \r\nthe information available to the, Commission at that time. \r\n \r\n(2) The Commission shall issue a notice of preliminary determination, whether affirmative or \r\nnegative, which shall, subject to the requirements of section 31, set forth in sufficient detail the findings \r\nand conclusions reached on all issues of fact and law considered material. Such notice of preliminary \r\ndetermination may also contain such other information as may be prescribed. \r\n \r\n(3) The Commission shall publish a copy of the notice of preliminary determination in the \r\nofficial Gazette and in at least one issue each of a daily newspaper in the English language and a daily \r\nnewspaper in the Urdu language having wide circulation in Pakistan. \r\n \r\n(4) The Commission shall forward a copy of the notice of preliminary determination to \r\nexporting country and to other known interested parties. \r\n \r\n38. Written arguments .—In an investigation, any interested party may submit written \r\narguments to the Commission in such form and manner and within such time as may be prescribed. \r\n \r\n39. Final determination.—(1) The Commission shall normally make a final determination of \r\ndumping and injury within one hundred and eighty days of the date of publication of a notice of \r\npreliminary determination in the official Gazette under sub­section (3) of section 37. \r\n \r\n(2) The final determination shall be based on information obtained by the Commission during \r\nthe course of the investigation that has been disclosed by the interested parties: \r\n \r\nProvided that the Commission shall not be precluded from taking into cons ideration \r\ninformation or data received or collected from any other source. \r\n \r\n(3) The Commission shall, subject to the requirements for the protection of confidential \r\ninformation under section 31, issue a notice of the final determination, whether affirmative or negative, \r\ncontaining relevant information on the matters of fact and law and reasons that have led to the \r\ndetermination. \r\n \r\n(4) Without prejudice to the generality of the provisions of sub­section (3) and in addition to \r\nsuch further information as may be prescribed, the notice of the final determination referred to in sub­ \r\nsection (3) shall specify:— \r\n \r\n(a) the amount of the dumping margin, if any, found to exist and the basis for such \r\ndetermination; \r\n \r\n(b) the amount of the definitive anti­dumping duties to be imposed, where \r\napplicable; and \r\n \r\n(c) if definitive anti­dumping duties are to be collected with regard to the imports \r\nto which provisional measures were applied along with the reasons for the \r\ndecision to do so. \r\n \r\n \r\nPage 23 of 39 \r\n \r\n(5) The Commission shall publish a copy of the notice of the final determination referred to in \r\nsub­section (3) in the official Gazette and in at least one issue each of a daily newspaper in the English \r\nlanguage and a daily newspaper in the Urdu language having wide circulation in Pakistan: \r\n \r\nProvided that such notice may, if the Commission deems it fit, only contain a summary of the \r\nsalient features of the final determination: \r\n \r\nProvided further that where the notice of the final determination contains only a summary of \r\nthe salient features of the final determination, the Commission shall make available to any interested \r\nparty applying for the same in writing a copy of the complete notice of final determination. \r\n \r\n(6) The copy of the notice of the final determination shall be forwarded by the Commission to \r\nthe exporting country and to other known interested parties. \r\n \r\nPART X \r\n \r\nTERMINATION OF INVESTIGATION WITHOUT ADOPTION OF MEASURES \r\n \r\n40. Withdrawal of an application.—An application submitted pursuant to section 20 may be \r\nwithdrawn at any time after an investigation has been initiated, in which case the Commission shall \r\nterminate the investigation without imposition of any measures provided for in this Act: \r\n \r\nProvided that the Commission may, if it considers it fit to do so, continue an investiga tion \r\nnotwithstanding the withdrawal of an application as provided for in this section in which event, the \r\nCommission may, subject to the provisions of this Act impose such measures as are provided for in \r\nthis Act. \r\n \r\n41. Termination for insufficient evidence , negligible dumping margin or negligible \r\nvolume.—(1) An investigation may be terminated at any time by the Commission if it is satisfied that \r\nthere is not sufficient evidence of either dumping or injury to justify proceeding with an investigation. \r\n \r\n(2) The Commission shall immediately terminate an investigation if it determines that dumping \r\nmargin is negligible or that volume of dumped imports, actual or potential, or injury, is negligible. \r\n \r\n(3) For the purposes of sub­section (2)— \r\n \r\n(a) dumping margin sha ll be considered to be negligible if it is less than two per \r\ncent, expressed as a percentage of the export price; and \r\n \r\n(b) volume of dumped imports shall normally be regarded as negligible if the \r\nvolume of dumped imports of an investigated product is foun d to account for \r\nless than three per cent of total imports of a like product unless imports of the \r\ninvestigated product from all countries under investigation which individually \r\naccount for less than three per cent of the total imports of a like product \r\ncollectively account for more than seven per cent of imports of a like product. \r\n \r\n42. Notice of conclusion of an investigation without imposition of measures .—( 1) The \r\nCommission shall, subject to the requirements for the protection of confidential informatio n under \r\nsection 31, issue a notice of the conclusion of an investigation without imposition of measures which \r\nshall set forth in sufficient detail the findings and conclusions reached on all issues of fact and law \r\n \r\nPage 24 of 39 \r\n \r\nconsidered material by the Commission incl uding the matters of fact and law which have led to \r\narguments being accepted or rejected. \r\n \r\n(2) The Commission shall publish a copy of the notice of conclusion of an investigation without \r\nimposition of measures referred to in sub­section (1) in the official Gazette and summary thereof in at \r\nleast one issue each of a daily newspaper in the English language and a daily newspaper in the Urdu \r\nlanguage having wide circulation in Pakistan. \r\n \r\n(3) Termination of an investigation under sections 40 or 41 or conclusion of an investigation \r\nwithout imposition of measures shall not be a bar to filing of a de novo application for a new \r\ninvestigation immediately after termination or conclusion of the investigation. The Commission shall \r\ntreat the application in accordance with provisions of this Act. \r\nPART XI \r\nPROVISIONAL MEASURES \r\n43. Imposition of provisional measures .—(1) The Commission may impose provisional \r\nmeasures if it makes an affirmative preliminary determination of dumping and injury, and determines \r\nthat provisional measures are necessary to prevent injury being caused during the course of an \r\ninvestigation: \r\n \r\nProvided that provisional measures shall not be applied sooner than sixty days from the date of \r\ninitiation of the investigation: \r\n \r\nProvided further tha t the amount of the provisional anti­dumping duty shall not exceed the \r\nmargin of dumping as provisionally established, but it may be less than the margin if such lesser duty \r\nwould be adequate to remove the injury to the Domestic Industry. \r\n \r\n(2) A negative p reliminary determination of dumping shall not automatically terminate an \r\ninvestigation, but no provisional measures shall be imposed in such case. \r\n \r\n(3) The provisions of sections 51 and 52 shall be followed in the application of provisional \r\nmeasures. \r\n \r\n44. Form of provisional measures.—Provisional measures shall take the form of security by \r\nway of cash deposit in an amount equal to the provisionally determined dumping margin set forth in \r\nthe notice of preliminary determination referred to in sub­ section (2) of section 37: \r\n \r\nProvided that release of a product concerned for free circulation in Pakistan shall be subject to \r\nprovision of such security by way of cash deposit. \r\n \r\n45. Duration of application of provisional measures.—Provisional measures shall be applied \r\nfor a period not exceeding four months: \r\n \r\nProvided that the Commission may, upon request by exporters which the Commission \r\nconsiders to be representing a significant percentage of the trade involved, extend the period of \r\napplication of provisional measures to a period not exceeding six months. \r\n \r\n \r\n \r\nPage 25 of 39 \r\n \r\nPART XII \r\n \r\nPRICE UNDERTAKINGS \r\n \r\n46. Acceptance of price undertaking .—(1) Where the Commission has made a preliminary \r\naffirmative determination of dumping and injury in accordance with the provisions of this Act the \r\nCommission may suspend or terminate an investigation without imposition of anti­dumping duties, \r\nwhether preliminary or definitive, upon receipt of satisfactory price undertaking from an exporter to \r\nrevise its prices or to cease export to the area in qu estion at dumped prices so that the Commission is \r\nsatisfied that injurious effect of dumping in question is eliminated: \r\n \r\nProvided that the Commission shall not seek or accept any price undertaking from an exporter \r\nunless the Commission has made a prelimina ry affirmative determination of dumping and injury in \r\naccordance with the provisions of this Act. \r\n \r\n(2) Price increases under such price undertakings shall not be higher than necessary to eliminate \r\ndumping margin and shall be less than the provisionally det ermined dumping margin set forth in the \r\nnotice of preliminary determination referred to hi m sub­section (2) of section 37 if, the Commission \r\ndetermines that such lesser price increase would be adequate to remove injury to domestic industry. \r\n \r\n(3) The Commission may suggest price undertakings, but no exporter shall be forced to enter \r\ninto any such undertaking and the fact that exporters do not offer such undertakings, or do not accept \r\nan invitation to do so, shall not prejudice consideration of the case by the Commission: \r\n \r\nProvided that in such circumstances the Commission shall be free to determine that a threat of \r\ninjury is more likely to be realised if the dumped imports continue. \r\n \r\n47. Conditions for acceptance of price undertaking .—(1) Except in extraordin ary \r\ncircumstances, a price undertaking shall not be offered later than sixty days before the proposed date \r\nof final determination as set forth in a notice of initiation of an investigation in accordance with the \r\nprovisions of section 34. \r\n \r\n(2) Notwithstandi ng anything contained in this section, the decision to accept a price \r\nundertaking shall rest with the Commission. \r\n \r\nExplanation.—The Commission may not accept a price undertaking if it considers the \r\nacceptance thereof to be impractical because the number of actual or potential exporters is too great, \r\nor for reasons of general policy or for any other reason. \r\n \r\n(3) If the Commission decides not to accept a price undertaking, it shall provide to an exporter \r\nthe reasons which have led it to consider acceptance of a price undertaking as inappropriate and the \r\nexporter may, not later than seven days from the submission of such reasons, submit its written \r\nresponse to the Commission on the reasons given by the Commission. \r\n \r\n(4) The Commission may require an exporter from whom a price undertaking has been \r\naccepted, to provide, periodically, information relevant to the fulfillment of such undertaking, and to \r\npermit verification of such information. The communication of such information shall be subject to \r\nthe provisions of section 31. \r\n \r\n \r\nPage 26 of 39 \r\n \r\n (5) Failure to provide any information requested by the Commission pursuant to sub­section \r\n(4) shall be deemed to be a violation of a price undertaking. \r\n \r\n(6) Where the Commission accepts a price undertaking or a price undertaking is terminated, it \r\nshall publish a notice to this effect in the official Gazette and in at least one issue each of a daily \r\nnewspaper in the English language and a daily newspaper in the Urdu language having wide circulation \r\nin Pakistan. Such notice shall contain the non­confidential part of the price undertaking accepted, when \r\napplicable, and details of the findings and conclusions reached by the Commission on all the issues of \r\nfact and law considered material by the Commission and such other information as the Commission \r\nmay determine necessary: \r\n \r\nProvided that where the notice relates to acceptance by the Commission of a price undertaking \r\nit shall contain such further information as may be prescribed. \r\n \r\n(7) A notice of acceptance of a price undertaking or termination thereof referred to in \r\nsub­section (6) shall be forwarded by the Commission to the country the product of which is the subject \r\nof such notice and to other interested parties known to have an interest therein. \r\n \r\n(8) Where the Commission continues an investigation pursuant to subsection (1) of section 48, \r\nit shall publish a notice of the continuation of the investigation, setting forth the proposed date for final \r\ndetermination, and any other modifications to the proposed schedule of the investigation as originally \r\nset out in the notice of initiation of the investigation in accordance with section 34: \r\n \r\nProvided that the final determination in such case shall be made by the Commission no later \r\nthan one hundred and eighty days from the d ate of publication of the notice of acceptance of a price \r\nundertaking referred to in sub­section (6) in the official Gazette. \r\n \r\n48. Completion of an investigation .—(1) If one or more price undertakings are accepted by \r\nthe Commission, it shall nevertheless complete an investigation of dumping and injury if it receives a \r\nrequest from an exporter in writing to continue such investigation, or where the Commission so decides \r\nof its own accord. \r\n \r\n(2) In the event the Commission makes a negative determination of dumping or injury pursuant \r\nto an investigation continued under sub­section (1), a price undertaking in question shall automatically \r\nlapse except in a case where the Commission determines that such a determination is due in large part \r\nto the existence of such price undertaking in which case, the Commission may require that an \r\nundertaking be maintained for a reasonable period of time to be determined by the Commission. \r\n \r\n(3) In the event the Commission makes an affirmative determination of dumping and injury \r\npursuant to an investigation continued under sub­section (1), a price undertaking in question shall \r\ncontinue consistent with its terms and the provisions of this Act. \r\n \r\n49. Violation of price undertaking .— If a price undertaking is violated or deemed to be \r\nviolated, the Commission may, subject to the provisions of this Act take expeditious action, which \r\nmay include immediate application of provisional measures using the best information available. In \r\nsuch cases, definitive duties may be levied in accordance with the provisions of this Act on products \r\nimported for consumption not more than ninety days before the application of such provisional \r\nmeasures, except that any such retroactive assessment shall not apply to imports entered before such \r\nviolation of the price undertaking. \r\n \r\n \r\nPage 27 of 39 \r\n \r\nPART XIII \r\nIMPOSITION AND COLLECTION OF ANTI­DUMPING DUTIES \r\n50. Mandatory imposition of anti­dumping duty .— (1) When the Commission has established \r\nthe existence of dumping and injury in accordance with the provisions of this Act, it shall, by notification \r\nin the official Gazette, impose an anti­dumping duty. \r\n(2) The amount of the anti­dumping duty shall not exceed the margin of dumping established but \r\nit may be less than the margin if such lesser duty would be adequate to remove injury to the Domestic \r\nIndustry. \r\n51. Imposition and collection of anti­dumping duties .— (1) Anti -dumping duties, whether \r\nprovisional or definitive, as the case may be, imposed under this Act shall — \r\n(a) take the form of ad valorem or specific duties: \r\nProvided that provisional measures shall take the form of security by way of cash \r\ndeposit; \r\n(b) be imposed in addition to other import duties levied on an investigated product; \r\n(c) be collected in the same manner as customs­duties und er the Customs Act, 1969 \r\n(IV of 1969) 2[:] \r\n 2[Provided that where a competent court of law has stayed preliminary or \r\nfinal determination of anti -dumping duty, goods shall be provisionally released \r\nagainst security in shape of bank guarantee or pay order of a scheduled bank along \r\nwith indemnity bond equal to the amount of anti-dumping duty imposed on subject \r\ngoods. In case preliminary or final determination is upheld by the court, duty shall \r\nbe paid by the importer and security with the customs department shall be released \r\notherwise the same shall be en-cashed to settle the duty liability. If the preliminary \r\nor final determination is set aside by the court, security shall be released, if not \r\nrequired for recovery of any outstanding previous liability 3[;]] 1[or] \r\n(d) be levied and collected on a non­discriminatory basis on imports of such product \r\nfrom all sources found to be dumped and causing injury, except as to imports from \r\nthose sources from which price undertakings have been accepted by the \r\nCommission in accordance with the provisions of Part XII of this Act 3[; or] \r\n1[(e) * * * * * * *] \r\n3[(ea) not be levied on imports that are to be used as inputs in products destined solely for \r\nexport or for use in the foreign grant -in-aid projects and are covered und er any \r\nscheme exempting customs duties for exports or foreign grant-in-aid projects under \r\nthe Customs Act, 1969 (IV of 1969)] \r\n4[(1A) The amendments made in sub-section (1) through the Anti-Dumping Duties (Amendment) \r\nAct, 2022 (XXIX of 2022) shall be deemed to have taken effect on and from the 1st day of July, 2020.] \r\n(2) Save as provided for in sub­section (3), the Commission shall establish an individual \r\nanti­dumping duty for each known exporter or producer of dumped imports. \r\n \r\n1Added and omitted by the Finance Act, 2019 (Act No. V of 2019), s.15. \r\n2Subs. And added by the Finance Act, 2020 (Act No. XIX of 2020), s. 8. \r\n3Subs, and added by Act No. XXIX of 2022, s. 3. \r\n4Ins. by Act No. XXX of 2025, s.3. \r\n \r\nPage 28 of 39 \r\n \r\n(3) Subject to sub­sections (4) and (7), where the Commission has limited its examination of \r\ndumping margin in accordance with sub­sections (2) and (3) of section 14, any ant i­dumping duty \r\napplied to imports from exporters or producers not included in an examination by the Commission \r\nshall not exceed a weighted average dumping margin established with respect to selected exporters or \r\nproducers. \r\n \r\n(4) The Commission shall disregard for the purposes of sub­section (3) any negligible margins, \r\nas defined in sub­section (3) of section 41, and margins established under the circumstances referred \r\nto in section 32. \r\n \r\n(5) Save as provided for in sub­section (4) of section 14, the Commission shall apply individual \r\nanti­dumping duties to imports from any exporter or producer not included in an examination who has \r\nprovided the necessary information during the course of an investigation. \r\n \r\n(6) The Commission may apply a residual anti­dump ing duty rate for imports from exporters \r\nand producers not known to the Commission at time of final determination at a rate which shall not \r\nexceed a weighted average of individual dumping margins established for exporters and producers \r\nexamined during an investigation, excluding margins established in accordance with section 32. \r\n \r\n(7) Where all dumping margins are established pursuant to section 32, the Commission shall \r\nuse such alternative method of determining dumping margins for exporters or producers not included \r\nin its examination as it considers reasonable in the circumstances. \r\n \r\n52. Refund of anti­dumping duties paid in excess of dumping margin .—(1) An importer \r\nshall be granted a refund of the actual amount of anti­dumping duties collected if the Commission \r\ndetermines that dumping margin, on the basis of which such anti­dumping duties were paid, has been \r\neliminated or reduced to a level which is below the level of the anti­dumping duty in force. \r\n \r\n(2) An importer may submit an application for refund of anti­dumping duties collected within \r\nany twelve months period to the Commission not later than sixty days from the end of such period. \r\n \r\n(3) An application under sub­section (2) shall contain such information as may be prescribed. \r\n \r\nExplanation:—When inv estigating an application for refund under this section, the \r\nCommission shall apply the relevant provisions of this Act to its determinations. In particular, when \r\ndetermining whether and to what extent a refund should be made when an export price is constr ucted \r\non the basis of a price at which imported products are first resold to an independent buyer due to the \r\nabsence of export price or because it appears that the export price is unreliable pursuant to sub­section \r\n(2) of section 10, the Commission shall t ake account of any change in normal value, any change of \r\ncosts incurred between importation and resale, and any movement in resale price which is duly \r\nreflected in subsequent selling prices, and shall calculate the export price with no deduction for the \r\namount of anti­dumping duties paid when satisfactory evidence of the above is provided. \r\n \r\n(4) The Commission shall provide an importer m aking an application under sub­ section (2) \r\nwith an explanation of the reasons for the decision concerning a request for refund. \r\n \r\n(5) A refund of anti­dumping duties under this section shall normally take place within twelve \r\nmonths, and in no case later than eighteen months, after the date on which an application for refund \r\ncompliant with the requirements of subsection (3) is received by the Commission. \r\n \r\n53. Anti­dumping and countervailing duties and fees to be held in a non­lapsable personal \r\nledger account.—(1) The Commission shall establish and maintain a non­lapsable personal ledger \r\naccount in its name for the purposes of Anti­Dumping Duties and Countervailing Duties. \r\n \r\nPage 29 of 39 \r\n \r\n \r\n(2) All anti­dumping and countervailing duties collected under the laws specified in sub­section \r\n(1) shall be held in that account. \r\n \r\n(3) The account established under sub­section (1) shall be maintained and oper ated in such \r\nmanner as may be prescribed. \r\nPART XIV \r\n \r\nRETROACTIVITY \r\n \r\n54. Retroactive application of definitive anti­dumping duties in certain circumstances.—\r\nA definitive anti­dumping duty may be collected on products, which were imported for consumption \r\nnot more than ninety days prior to the date of application of provisional measures if, the Commission \r\ndetermines, for a dumped product in question, that: \r\n \r\n(a) there is a history of dumping which caused injury or that the importer was, or \r\nshould have been, aware that the exporter practices dumping and that such \r\ndumping would cause injury; and \r\n \r\n(b) injury is caused by massive dumped imports of a product in a rel atively short \r\ntime which in the light of timing and volume of dumped imports and other \r\ncircumstances including, but not limited to, a rapid build­up of inventories of \r\nthe imported product, is likely to seriously undermine the remedial effect of the \r\ndefinitive anti­dumping duty to be applied, provided that the importers \r\nconcerned have been given an opportunity of being heard in respect of such \r\nproposed action. \r\n \r\n55. Imposition of definitive anti­dumping duties retroactively .— (1) Where the \r\nCommission makes a final determination of injury but not of a threat thereof or of material retardation \r\nof the establishment of an industry or, in the case of a final determination of a threat of injury, where \r\nthe Commission determines that the effect of dumped imports would , in the absence of provisional \r\nmeasures, have led to a determination of injury, definitive anti­ dumping duties may be levied \r\nretroactively for the period for which provisional measures, if any, have been applied. \r\n \r\n(2) If definitive anti­dumping duty imposed under sub­section (1) is higher than the amount of \r\nprovisionally determined dumping margin set forth in the notice of preliminary determination referred \r\nto in sub­section (2) of section 37, the difference shall not be collected, and if such definitive \r\nanti­dumping duty is lower than the amount of such provisionally determined dumping margin the \r\ndifference shall be refunded by the Commission within forty­five days of such determination. \r\n \r\n(3) Save as provided for in sub­section (1), where the Commission ma kes a determination of \r\nthreat of injury or material retardation, but no injury has yet occurred, definitive anti­dumping duties \r\nmay be imposed only from the date of the determination of threat of injury or material retardation and \r\nany cash deposit made dur ing the period of application of provisional measures shall be refunded by \r\nthe Commission within forty­five days of such determination. \r\n \r\n(4) Where the Commission makes a negative final determination, any cash deposit made during \r\nthe period of application o f provisional measures shall be refunded by the Commission within forty­ \r\nfive days of such determination. \r\n \r\n \r\nPage 30 of 39 \r\n \r\n56. Circumstances in which provisional measures and anti­dumping duties shall apply.— \r\nSave as provided for in sections 49, 54 and 55, provisional measures and definitive anti­dumping duties \r\nshall only be applied to products which enter into Pakistan for consumption on or after the date of \r\npublication of a notice of affirmative preliminary or final determination in an investigation. \r\n \r\n \r\nPART XV \r\n \r\nDURATION AND REVIEW OF ANTI­DUMPING DUTIES AND PRICE UNDERTAKINGS \r\n \r\n57. Duration of anti­dumping duty.—Subject to the provisions of this Act any anti­dumping \r\nduty imposed under this Act shall remain in force only as long as and to the extent necessary to \r\ncounteract dumping, which is causing injury. \r\n \r\n58. Review of anti­dumping duty.—(1) Any definitive anti­dumping duty imposed under this \r\nAct shall be terminated on a date not later than five years from the date of its imposition or from the \r\ndate of the most recent review under section 59, if such review has covered both dumping and injury. \r\n \r\n(2) The Commission shall, not later than ninety days preceding the date of expiry of a definitive \r\nanti­dumping duty, publish a notice of impending expiry of such anti­ dumping duty in the official \r\nGazette and in at least one issue each of a daily newspaper in the English language and a daily \r\nnewspaper in the Urdu language having wide circulation in Pakistan. \r\n \r\n(3) A definitive anti­dumping duty shall not expire if the Commission determines, in a review \r\ninitiated before the date of expiry on its own initiative or upon a duly substantiated request made by or \r\non behalf of domestic industry within forty­five days from public notice of impending termination of \r\nthe definitive anti-dumping duty concerned, that the expiry of such anti­dumping duty would be likely \r\nto lead to continuation or recurrence of dumping and injury and such anti­dumping duty shall remain \r\nin force pending the outcome of such a review. \r\n \r\n59. Review for change of ci rcumstances.— (1) The Commission shall review the need for \r\ncontinued imposition of anti­dumping duty, where warranted, on its own initiative or, provided that a \r\nperiod of twenty­four months has elapsed since the imposition of definitive anti­dumping duty, upon \r\na written request submitted by any interested party, which contains positive information substantiating \r\nthe occurrence of changed circumstances justifying a need for a review including sufficient \r\ninformation to enable the Commission to cal culate expor t price and normal value of a product in \r\nquestion. \r\n \r\n(2) The Commission shall, upon initiation of a review under sub­section (1), publish a notice \r\nin the official Gazette and in at least one issue each of a daily newspaper in the English language and \r\na daily newspaper in the Urdu language having wide circulation in Pakistan. \r\n \r\n(3) In undertaking a review under sub­section (1), the Commission shall consider whether \r\ncontinued imposition of anti­dumping duty is necessary to offset dumping and whether injury woul d \r\nbe likely to continue to recur if anti­dumping duty were removed or varied and if, as a result, the \r\nCommission determines that continued imposition of anti­ dumping duty is no longer warranted it shall \r\nbe terminated immediately. \r\n \r\n(4) The Commission may require an applicant requesting a review under this section to fill in \r\nan additional questionnaire provided by it requiring such information and for such period as the \r\n \r\nPage 31 of 39 \r\n \r\nCommission deems necessary before such review is initiated in which case the review shall be initiated \r\nfollowing the receipt by the Commission of such questionnaire duly filled in. \r\n \r\n60. Newcomer review .—(1) If a product is subject to definitive anti­ dumping duties, the \r\nCommission shall carry out a review for the purpose of determining individual dumping margins for \r\nany exporters or producers in an exporting country concerned who did not export the product to \r\nPakistan during the period of investigation if such exporters or producers can show that they are not \r\nrelated to any of the exporters or producers in the exporting country who are subject to the anti­ \r\ndumping duties on an investigated product. \r\n \r\n(2) A review under sub­section (1) shall be initiated within thirty days following the date of \r\nreceipt of an application for such review by any producer or exporter concerned and shall normally be \r\ncompleted within six months from its initiation and, in any event, no later than twelve months: \r\n \r\nProvided that the Commission may require an applicant requesting a review under sub­section \r\n(1) to fill in an additional questionnaire provided by it requiring such information and for such period \r\nas the Commission deems necessary before such review is initiated in which case a review under sub­ \r\nsection (1) shall be initiated within thirty days following the receipt by the Commission of such \r\nquestionnaire duly filled in. \r\n \r\n(3) No anti­dumping measures shall be imposed on imports from any exporters or producers \r\nreferred to in sub­section (1) while the review under sub-section (2) is being carried out: \r\n \r\nProvided that the Commission may require a cash deposit in the amount of the residual anti­ \r\ndumping duty rate determined pursuant to sub­section (5) of section 5 1 to ensure that, should such a \r\nreview result in a determination of dumping in respect of such producers or exporters, anti­dumping \r\nduties can be levied retroactively to the date of initiation of the review. \r\n \r\n61. Duration and review of price undertakings .—The provisions of sections 57, 58 and 59 \r\nshall apply, mutatis mutandis, to price undertakings accepted in accordance with Part XII of this Act. \r\n \r\n62. Evidence and procedure .—(1) The provisions of sections 27, 3 1,32,33, 35, 39, and 46 \r\nshall apply, mutatis mutandis, to any review carried out under Part XV of this Act. \r\n \r\n(2) Any review conducted under sections 58 and 59 shall be carried out expeditiously and shall \r\nnormally be concluded within twelve months of the date of initiation of the review. \r\n \r\n 63. Anti­circumvention measures.— (1) Anti­dumping duties imposed pursuant to this Act \r\nmay be extended to imports from third countries, of the like product, whether slightly modified or not, \r\nor to imports of the slightly m odified like product from the country subject to measures, or parts \r\nthereof, when circumvention of the measures in force is taking place. Anti­dumping duties not \r\nexceeding the residual anti­dumping duty imposed in accordance with section 39 may be extended to \r\nimports from companies benefiting from individual duties in the countries subject to measures when \r\ncircumvention of the measures in force is taking place. Circumvention shall be defined as a change in \r\nthe pattern of trade between third countries and Pa kistan or between individual companies in the \r\ncountry subject to measures by Pakistan, which stems from a practice, process or work for which there \r\nis insufficient due cause or economic justification other than the imposition of the duty, and where \r\nthere is evidence of injury or that the remedial effects of the duty are being undermined in terms of the \r\nprices or quantities of the like product, and where there is evidence of dumping in relation to the normal \r\n \r\nPage 32 of 39 \r\n \r\nvalues previously established for the like product , if necessary in accordance with the provisions of \r\nthis Act. \r\n \r\n(2) The practice, process or work referred to in sub­section (1) includes, inter alia, the slight \r\nmodification of the product concerned to make it fall under customs tariff which are normally n ot \r\nsubject to the measures, provided that the modification does not alter its essential characteristics, the \r\nconsignment of the product subject to measures via third countries, the re­organisation by exporters or \r\nproducers of their patterns and channels of sales in the country subject to measures in order to \r\neventually have their products exported to Pakistan through producers benefiting from an individual \r\nduty rate lower than that applicable to the products of the manufacturers, and, in the circumstances \r\nindicated in sub­section (3), the assembly of parts by an assembly operation in Pakistan or a third \r\ncountry. \r\n \r\n(3) An assembly operation in Pakistan or a third country shall be considered to circumvent the \r\nmeasures in force where,— \r\n \r\n(a) the operation starte d or substantially increased since, or just prior to, the \r\ninitiation of the anti­dumping investigation and the parts concerned are from the \r\ncountry subject to measures; \r\n \r\n(b) the parts constitute 60 % or more of the total value of the parts of the assembled \r\nproduct, except that in no case shall circumvention be considered to be taking \r\nplace where the value added to the parts brought in, during the assembly or \r\ncompletion operation, is greater than 25 % of the manufacturing cost; \r\n \r\n(c) the remedial effects of the duty are being undermined in terms of the prices or \r\nquantities of the assembled like product and there is evidence of dumping in \r\nrelation to the normal values previously established for the like or similar \r\nproducts. \r\n \r\n(4) Investigations shall be initiated pursuant to this section on the initiative of the Commission \r\nor at the request of any interested party on the basis of sufficient evidence regarding the factors set out \r\nin sub­sections (1) and (2). Investigations shall be concluded by the Commission within nine months. \r\n \r\nPART XVI \r\n \r\nAPPEAL TO APPELLATE TRIBUNAL \r\n \r\n64. Establishment of the Appellate Tribunal .—(1) The Federal Government shall, by \r\nnotification in the official Gazette, establish an Appellate Tribunal for the purposes of exercising \r\njurisdiction under this Act. \r\n \r\n(2) The Appellate Tribunal shall be composed of three members appointed by the Federal \r\nGovernment, consisting of a Chairman and two members. \r\n \r\n(3) All members of the Appellate Tribunal shall be citizens of Pakistan and shall be employed \r\non a full­time basis. \r\n \r\n \r\nPage 33 of 39 \r\n \r\n(4) The Members of the Appellate Tribunal shall have no past record of any specific activities \r\nor conduct that could reasonably call into question their ability to discharge their duties as members of \r\nthe Appellate Tribunal with honesty, integrity, reliability, competence and objectivity. \r\n \r\n(5) In making such appointments the Federal Government shall ensure that the membership of \r\nthe Appellate Tribunal, taken as a whole, possesses substantial and directly relevant professional \r\nexperience and qualifications needed to properly discharge its functions. \r\n \r\n65. Qualifications and eligibility.—(1) The members of the Appellate Tribunal shall,— \r\n \r\n(a) have at least a masters or professional degree or qualification from an accredited \r\nuniversity or institute in international trade laws, business and commercial laws, \r\neconomics, accountancy, tariffs and trade, commerce and trade, or a \r\ntrade­related subject; knowledge of trade remedy laws would be an advantage; \r\n \r\n(b) have at least fifteen years of professional work experience in international trade \r\nlaw, business and commercial laws, economics, accountancy, harmonized \r\ntariffs, commerce and trade, tariffs and trade or other trade­related technical \r\nfield; direct work experience in trade remedy laws would be an advantage; \r\n \r\n(c) have no past record of criminal conviction, other than for minor offences; and \r\n \r\n(d) have no past record of any specific activities or conduct that could reasonably \r\ncall into question their ability to discharge the ir duties as a members of the \r\nAppellate Tribunal with honesty, integrity, reliability, competence and \r\nobjectivity. \r\n \r\n 66. Disqualification .— (1) No person shall be appointed or continue as member or an \r\nemployee of the Tribunal if such person; \r\n \r\n(a) has been convicted of an offence involving moral turpitude; \r\n \r\n(b) has been or is adjudged insolvent; \r\n \r\n(c) is incapable of discharging his duties by reasons of physical, physiological or, \r\nmental unfitness and has been so declared by a duly constituted Medical Board \r\nappointed by the Federal Government; or \r\n \r\n(d) fails to disclose any conflict of interest at or within the time provided for such \r\ndisclosure by or under this Act or contravenes any of the provisions of this Act \r\npertaining to unauthorized disclosure of information. \r\n(e) is or has been a Member or employee of the Commission unless a period of two \r\nyears has elapsed after he has ceased to be such Member or employee of the \r\nCommission. \r\n67. Terms and Conditions .—(1) The Chairman and Members of the Trib unal shall be \r\nappointed for a period of five years. This term shall be extendable for a period of one year unless the \r\nFederal Government notifies otherwise. \r\n \r\n \r\nPage 34 of 39 \r\n \r\n(2) The terms and conditions of the Chairman and Members of the Tribunal shall be as may be \r\nprescribed. \r\n \r\n(3) The Chairman and Members appointed under the repeale d Anti­Dumping Duties \r\nOrdinance, 2000 (LXV of 2000) shall continue to act as Chairman and Members only till the \r\nappointment of Chairman and Members under this Act: \r\n \r\nProvided that the Federal Go vernment shall ensure the establishment of Appellate Tribunal \r\nalong with appointment of its Chairman and Members within a period of ninety days from \r\ncommencement of this Act. \r\n \r\n68. Decisions, determinations and Quorum.—(1) Decisions and determinations of the \r\nAppellate tribunal shall be taken by majority. \r\n \r\n(2) If there are less than three members of the Tribunal, the presence of two members serving \r\nshall constitute a quorum. \r\n \r\n(3) In the case of a quorum of two, the decision shall be taken by consensus. \r\n \r\n(4) Any decision or determination taken at a meeting where a quorum is present shall constitute \r\na valid and enforceable decision or determination of the Tribunal. \r\n \r\n69. Operation of the Appellate Tribunal in the absence of the Chairman or a Member.—\r\n(1) If the Chairman’s or any of the member’s position becomes vacant, the Government shall designate \r\na new member or one of the existing members to serve as Chairman. \r\n \r\n (2) The absence of a Chairman, or the temporary incapacity of the Chairman, shall not affect \r\nthe other members’ ability to act as the Appellate Tribunal and to exercise its powers and authority \r\nunder this Act. \r\n \r\n70. Appellate procedures.—(1) Any interested party may prefer an appeal to the Appellate \r\nTribunal against— \r\n \r\n(i) the initiation of an investigation or a preliminary determination, where it is \r\nalleged that it does not satisfy the requirements laid down in sections 23 and 37 \r\nrespectively; \r\n \r\n(ii) an affirmative or negative final determination by the Commission under section \r\n39; \r\n \r\n(iii) any final determination pursuant to a review; \r\n \r\n(iv) an order of the Commission for termination of investigation under Section 41; \r\nor \r\n \r\n(v) a determination of the Commission under section 52. \r\n \r\n(2) An appeal under clause (i) of sub­section (1) shall be filed within thirty days of the \r\npublication of notice of initiation or notice preliminary determination, as the case may be. \r\n \r\n \r\nPage 35 of 39 \r\n \r\n(3) The Appellate Tribunal shall handle such an appeal as a priority and shall issue its decision \r\non the appeal within thirty days of the filing of an appeal with the Appellate Tribunal: \r\n \r\nProvided that the filing of an appeal under clause (i) of sub­section (1) shall have no effect on \r\nthe Commission’s conduct of investigation. \r\n \r\n(4) All appeals under clauses (ii), (iii), (iv) and (v) of sub­section (1) shall be filed within forty­ \r\nfive days from the date of publication in newspapers of a public notice or as the case may be, date of \r\nthe decision of the Commission of any affirmative or negative final decision or deter mination or \r\ntermination of investigation by the Commission, and shall be in such form and contain such \r\ninformation as may be prescribed. \r\n \r\n(5) Such an appeal shall be disposed of and the decision of the Appellate Tribunal pronounced, \r\nas expeditiously as pos sible as but not later than forty­five from the date of receipt of an appeal \r\ncompliant with the requirements contained in this Act. \r\n \r\n(6) The Appellate Tribunal shall hear the appeal from day­to­day. \r\n \r\n(7) In examining an appeal under sub­section (1), the Ap pellate Tribunal may make such \r\nfurther inquiry as it may consider necessary, and after giving the Commission and an appellant an \r\nopportunity of being heard, pass such order as it thinks fit, confirming, altering or annulling a \r\ndetermination of the Commission appealed against: \r\n \r\nProvided that in case the Appellate Tribunal decision requires action by the Commission, it \r\nshall remand the case to the Commission. \r\n \r\n (8) After examining the appeal, the Appellate tribunal shall assess the facts related to the \r\nimpugned determination of the Commission. The Appellate Tribunal shall determine whether the \r\nestablishment of the facts of the Commission was proper and whether the commission’s evaluation of \r\nthose facts was unbiased and objective. The Appellate tribunal shall base this determination on the \r\nofficial record maintained by the Commission or any other documents relied upon by the Commission \r\nin reaching the determination being appealed. \r\n \r\n(9) Where the Appellate Tribunal determines that the Commission’s establishment of the facts \r\nwas proper and its evaluation was unbiased and objective, it shall confirm the appealed determination \r\nof the Commission provided that the Appellate Tribunal is satisfied that in reaching its determination, \r\nthe Commission complied with the relevant provisions of this Act. \r\n \r\n(10) The decision of the Appellate Tribunal shall be in writing, detailing the issues raised in \r\nthe appeal and the arguments adopted by the appellant and the Commission. The Appellate tribunal \r\nshall also provide reasons for reaching its decision with reference to the provisions of this Act and the \r\nfacts of the case. \r\n \r\n(11) The Appellate Tribunal shall provide copies of its decision to all the appellants and the \r\nrespondents including the Commission no later than five days from the date of rendering its decision. \r\n \r\n(12) The Appellate Tribunal may, if it deems necessary, require an appellant to provide security \r\nin such form as may be prescribed, at the time of filing of an appeal. \r\n \r\n \r\nPage 36 of 39 \r\n \r\n(13) The decision of the Appellate Tribunal shall be appealable in the High Court. The High \r\nCourt shall render a decision within ninety days of receiving an appeal from the decision of the \r\nAppellate Tribunal: \r\n \r\nProvided that the High Court shall not make an interim order against the conduct of \r\ninvestigation by the Commission unless the Commission has been given notice of the application and \r\nhas had an opportunity of being heard and the High Court, for reasons to be recorded in writing, is \r\nsatisfied that the interim order would not have the effect of prejudicing or interfering with the carrying \r\nout of a public work or of otherwise being harmful to the public interest [or State property] or of \r\nimpeding the assessment or collection of public revenues: \r\n \r\nProvided further that The Appellate Tribunal may, if it thi nks fit, accept an application from \r\nany party to an appeal in which the Appellate Tribunal has rendered its decision, for a clarification of \r\nany of the issues raised by the Appellate Tribunal in its decision: \r\n \r\nProvided also that such application shall specify the precise issue in respect of which a \r\nclarification is sought and give reasons as to why a clarification is necessary: \r\n \r\n(14) The Appellate Tribunal shall only accept such application if it is satisfied that a material \r\nissue discussed in its decis ion requires further clarification or elaboration. The party likely to be \r\nadversely affected by such clarification shall also be given a notice by the Appellate Tribunal: \r\n \r\nProvided that no application under this sub­section shall be accepted by the Appellate Tribunal \r\nlater than thirty days of its decision. \r\n \r\n(15) The Appellate Tribunal shall perform its functions under this Act in accordance with such \r\nprocedures as may be prescribed. \r\n \r\n (16) A determination of the Commission shall be given full force and ef fect during the \r\npendency of any appeal of such determination. \r\n \r\n(17) A person duly authorized by any interested party is entitled to appear, plead and act on \r\nbehalf of such party before the Appellate Tribunal. \r\n \r\n71. Disclosure of interest .— (1) The following shall apply to members of the Appellate \r\nTribunal including the Chairman. \r\n \r\n(2) A Member shall be deemed to have an interest in a matter if he has any interest, pecuniary \r\nor otherwise, in such matter which could reasonably be regarded as giving rise to a co nflict between \r\nhis duty to honestly perform his functions, so that his ability to consider and decide any question \r\nimpartially or to give any advice without bias, may reasonably be regarded as impaired. \r\n \r\n(3) A Member having any interest in any matter to be discussed or decided by the Tribunal, \r\nshall prior to discharge of any function or business of the Commission, disclose in writing to the \r\nSecretary to the Tribunal, the fact of his interest and the nature thereof. \r\n \r\n(4) A Member shall give written notice to the Secretary to the Tribunal of all direct or indirect \r\npecuniary or other material or personal interests that he has or acquires in a body corporate involved \r\nin a matter before the Tribunal. \r\n \r\n \r\nPage 37 of 39 \r\n \r\n(5) A disclosure of interest under sub­section (2) shall be ma de a part of the record of the \r\nTribunal in that particular matter. \r\n \r\n72. Powers of the Appellate Tribunal .— The Appellate Tribunal shall, for the purpose of \r\ndeciding an appeal, be deemed to be a civil court and shall have the same powers as are vested in such \r\ncourt under the Code of Civil Procedure, 1908 (V of 1908), including the powers of — \r\n \r\n(a) enforcing the attendance of any person and examining him on oath; \r\n \r\n(b) compelling the production of documents; and \r\n \r\n(c) issuing commission for the examination of witnesses and documents. \r\n \r\n73. Power of the Appellate Tribunal to call for and examine record .—The Appellate \r\nTribunal may call for and examine the official records of an investigation conducted by the \r\nCommission and any other information or d ocuments relied upon by the Commission in reaching a \r\ndetermination appealed against for the purpose of satisfying itself as to the legality or propriety of an \r\nimpugned determination of the Commission. \r\n \r\n74. Power to make rules.—The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n \r\n 75. Protection to persons prejudiced in employment because of assisting the \r\nCommission.— (1) An employer shall not— \r\n \r\n(a) dismiss an employee, or prejudice an employee in his employment, because the \r\nemployee has assisted the Commission in connection with an inquiry or \r\ninvestigation under this Act; or \r\n \r\n(b) dismiss or threaten to dismiss an employee, or prejudice or threaten to prejudice \r\nan employee in his employment, because the employee proposes to assist the \r\nCommission in connection with an inquiry or investigation under this Act. \r\n \r\n(2) For the purposes of sub­section (1), a person shall be taken to assist the Commission in \r\nconnection with an inquiry if the person— \r\n \r\n(a) gives information, whether orally or in writing, or gives documents, to the \r\nCommission in connection with an inquiry or investigation under this Act; or \r\n \r\n(b) gives evidence or produces documents, at an inquiry, investigation or hear ing \r\nheld under this Act. \r\n \r\n76. Appointment of advisers and consultants .—(1) Subject to sub -section (2), the \r\nCommission may, employ and pay consultants and agents, and technical, professional and other \r\nadvisers, including bankers, economists, actuaries, acco untants, lawyers and other persons to do any \r\nact required to be done in the exercise of its powers, the performance of its functions or for the better \r\nimplementation of the purposes of this Act. \r\n \r\n(2) The decision to employ and the terms and conditions of employment of external advisers \r\nand consultants pursuant to sub­section (1) shall be made by the Commission in accordance with such \r\n \r\nPage 38 of 39 \r\n \r\npolicy guidelines as may be established by the Federal Government , in consultation with the \r\nCommission, from time to time. \r\n \r\n77. Removal of difficulty.—If any difficulty arises in giving effect to any of the provisions of \r\nthis Act, the Federal Government may make such order, not inconsistent with the provisions of this \r\nAct, as may appear to it to be necessary for the purpose of removing the difficulty: \r\n \r\nProvided that no such power shall be exercised after the expiry of one year from the coming \r\ninto force of this Act. \r\n \r\n78. Act to override other laws.—The provisions of this Act shall have effect notwithstanding \r\nanything inconsistent therewith contained in any other law for the time being in force: \r\n \r\nProvided that this provision shall not apply on the National Tariff Commission law for the time \r\nbeing in force. \r\n \r\n79. Repeal.—The Anti­Dumping Ordnance, 2000 (LXV of 2000) is hereby repealed. \r\n \r\n 80. Savings.—Notwithstanding the repeal under section 79, nothing in this Act shall affect or \r\nbe deemed to affect anything done, action taken, investigation or proceedings commenced, order, rule, \r\nregulation, appointment, document, or agreement made, fee directed, resolution passed, direction \r\ngiven, proceedings taken or instrument executed or issued under or pursuant to the repealed Anti­ \r\nDumping Ordnance 2000 (LXV of 2000), and any such thing, action, investigation, proceedings, \r\norders, rule, regulation, appointment, document, agreement, fee, resolution, direction, proceedings or \r\ninstrument shall, if in force at the commencement of this Act and not inconsistent with any of the \r\nprovisions of thi s Act continue in force and have effect as if had been respectively done, taken, \r\ncommenced, made, directed, passed, given, executed or issued under this Act. \r\n \r\nTHE SCHEDULE \r\n[See section 32(2)] \r\nBEST INFORMATION AVAILABLE \r\n \r\n1. As soon as possible after initiation of an investigation, the Commission should specify in \r\ndetail the information required from any interested party, and the manner in which that information \r\nshould be structured by the interested party in its response. Th e Commission should also ensure that \r\nthe interested party is aware that if information is not supplied within a reasonable time, the \r\nCommission shall be free to make determination on the basis of facts available, including those \r\ncontained in an application for initiation of an investigation by domestic industry. \r\n \r\n2. The Commission may also request an interested party to provide its response in a particular \r\nmedium such as computer tape or computer language. Where such a request is made, the Commission \r\nshould consider the reasonable ability of the interested party to respond in the preferred medium or \r\ncomputer language, and should not request the party to use for its response a computer system other \r\nthan that used by the party. The Commission should not maintain a request for a computerised response \r\nif the interested party does not maintain computerised accounts and if presenting the response as \r\nrequested would result in an unreasonable extra burden on the interested party or it would entail \r\nunreasonable additional cost and trouble. The Commission should not maintain a request for a response \r\n \r\nPage 39 of 39 \r\n \r\nin a particular medium or computer language if the interested party does not maintain its computerised \r\naccounts in such medium or computer language and if presenting the res ponse as requested would \r\nresult in an unreasonable extra burden on the interested party or it would entail unreasonable additional \r\ncost and trouble. \r\n \r\n3. All information which is verifiable, which is appropriately submitted so that it can be used \r\nin an inve stigation without undue difficulties, which is supplied in a timely fashion, and, where \r\napplicable, which is supplied in a medium or computer language requested by the Commission, should \r\nbe taken into account when determinations are made. If a party does n ot respond in the preferred \r\nmedium or computer language but the Commission finds that the circumstances set out in para 2 have \r\nbeen satisfied, any failure to respond in the preferred medium or computer language shall not be \r\nconsidered to significantly impede the investigation. \r\n \r\n4. Where the Commission does not have the ability to process information if provided in a \r\nparticular medium such as computer tape, the information should be supplied in the form of written \r\nmaterial or any other form acceptable to the Commission. \r\n \r\n5. If an information provided is not ideal in all respects, this shall not justify the Commission \r\nfrom disregarding it, provided an interested party has acted to the best of its ability. \r\n \r\n6. If evidence or information is not accepted by the Commission, the supplying party shall be \r\ninformed forthwith of the reasons therefore, and shall be given an opportunity to provide further \r\nexplanations within a reasonable period, as may be determined by the Commission, due account being \r\ntaken of the time­limits of an investigation. If the explanations are considered by the Commission as \r\nnot being satisfactory, the reasons for rejection of such evidence or information should be given in any \r\npublished determinations. \r\n \r\n7. If the Commission has to base its findings, including those with respect to normal value, on \r\nany information from a secondary source, including any information supplied in an application for \r\ninitiation of an investigation, it shall do so with special circumspection. In such cases, the Commission \r\nshall, where practicable, check the information from other independent sources at their disposal, such \r\nas published price lists, official import statistics and customs returns, and from the informatio n \r\nobtained from other interested parties during the investigation provided that if an interested party does \r\nnot co­operate and thus relevant information is being withheld from the Commission, this situation \r\nmay lead to a result which is less favourable to the party than if the party did co­operate. \r\n \r\n \r\n_______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nRGN. 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