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Part II · Countervailing Duties

68. Establishing the countervailing duty rate

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The Director-General shall subject to the provisions of subsection (4), submit through the Minister, a proposal to the Minister in charge of the subject of Finance, relating to the application of an individual countervailing duty rate for each known exporter or producer concerned, of the investigated product that has been individually investigated.

(2)

Where the number of exporters, producers, importers or types of the investigated product is so large as to make it impracticable to individually examine each party interested or all the investigated products for the purpose of subsection (1), the Director-General may limit the examination either to a reasonable number of parties interested or investigated products, by using samples which are statistically valid on the basis of information available to the Director-General at the time of the selection, or to the largest percentage of the volume of the exports from the country in question which can reasonably be investigated.

(3)

Any selection of exporters, producers, importers or types of investigated products made under subsection (2), shall preferably be chosen in consultation with and the consent of the exporters, producers or importers concerned.

(4)

Where a limited examination is carried out under subsections (2) and (3), the Director-General shall apply to any exporter or producer not included in the investigation, a rate that is equal to the weighted average of the individual countervailing duty rates established for all exporters and producers individually examined, provided that, the

Director-General shall disregard for the purpose of this subsection, any zero or countervailable subsidy considered to be de minimis.

INITIATION, CONDUCT AND CONCLUSION OF

INVESTIGATION AND REVIEW