Anti-Dumping and Countervailing Duties Act 2018 · As enacted · Part I · Anti-Dumping Duties
39. Imposition of duty and issue of public notice
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
Where the Inter-Ministerial Committee recommends the imposition of a definitive anti-dumping duty, the Minister in charge of the subject of Finance in consultation with the Minister shall, within a period of fourteen working days of the date of receipt of the recommendation of the Inter-Ministerial Committee and taking into consideration the economic interest of Sri Lanka, determine whether or not to adopt a definitive anti-dumping duty, and the amount of duty to be imposed, if any, provided that the duty imposed shall not exceed the dumping margin, that was found to exist.
Anti-Dumping and Countervailing Duties
The Director-General shall issue a public notice of:—
the final determination (whether affirmative or negative); and
the amount of duty, if any, imposed by the Minister in charge of the subject of Finance, which shall be published in the Gazette, and in any newspaper widely circulated in Sri Lanka in all three languages.
A report shall be prepared by the Director-General, containing —
the final determination, including all relevant information on matters of fact and law, and the reasons that have led to such determination, due regard being given to the requirement for the protection of confidential information; and
the information referred to in subsection (4) of this section, and such report shall be made available for public inspection, and copies thereof may be issued on the payment of such fee, as may be determined by the Director-General.
The information required under paragraph (b) of subsection (3) to be included in the report, shall consist of the following:—
the names of the known exporters and producers of the investigated product;
description of the investigated product that is sufficient for customs purposes, including the harmonized commodity description and coding system classification;
the amount of the dumping margin, if any found to exist and the basis for such determination, including a description of the methodology used in determining normal value and export price, and any adjustments made in comparing the two;
if the method of comparison provided for in subsection (2) of section 11 of this Act was used, the explanation required by that subsection;
if the Director-General declined to determine an individual dumping margin on the basis of voluntary responses as provided for in subsection (4) of section 13 of this Act, the basis for that decision;
the factors that have led to the determination of injury and casual link, including information on factors other than dumped imports that have been taken into account;
the reasons for the acceptance or rejection of relevant arguments or claims made by exporters and importers;
the amount of any anti-dumping duties, if any, imposed by the Minister in charge of the subject of
Finance; and
if final anti-dumping duties are to be collected with regard to the imports to which provisional measures were applied, the reasons for the decision to do so.
Where, within a period of seven days of making the report available for public inspection under subsection (3), any party interested brings to the notice of the Director-General any clerical errors appearing in such report, the
Director-General may, where he considers it necessary, rectify such error.
Anti-Dumping and Countervailing Duties
A copy each of the notice published under subsection (2) and of the report prepared under subsection (3), shall be sent to the country or countries the product of which was subject to the final determination, and to any other known parties interested, as may be determined by the Director-General.