Anti-Dumping and Countervailing Duties Act 2018 · As enacted · Part I · Anti-Dumping Duties
38. Final determination
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The Director-General shall make a final determination of dumping, injury, and causal link, generally within a period of six months of the date of the preliminary determination, and such final determination shall be based on all information obtained by the Director-General during the course of the investigation that has been disclosed to parties interested, subject to the confidentiality requirements under section 25.
Where the final determination demonstrates that there is dumping and injury is being caused as a result of such dumping, and taking into consideration among other matters:—
the situation of domestic competition for the product under investigation; and
the needs of industrial users and the interest of final consumers, where applicable, and where the economic interest of Sri Lanka calls for the imposition of anti-dumping duties, a proposal for a definitive anti-dumping duty, subject to the provisions of subsection (4), shall be submitted by the Director-General to the Inter-Ministerial Committee.
It shall be the duty of the Inter-Ministerial Committee to consider the appropriateness of imposing a definitive anti--
dumping duty, and it shall submit its recommendation to the
Minister in charge of the subject of Finance through the Minister, within a period of ten working days of receipt of such proposal.
The Director-General shall examine whether a duty less than the full dumping margin would be adequate to remove the injury to the Sri Lankan industry. Where the
Director-General determines that such a lesser duty would be adequate to remove the injury, the amount of the final anti-dumping duty imposed shall not exceed that lesser duty.
Where the final determination is that, there is no evidence of dumping and consequently no injury is being caused to the Sri Lankan Industry or there is no evidence of injury being caused to the Sri Lankan Industry though there is evidence of dumping, or the Sri Lankan economic interest does not call for the imposition of any anti-dumping duties, the Director-General shall immediately terminate the investigation.