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Contents

Part III · General

76. Determination of injury

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

(1)

A determination of injury for the purposes of paragraph (b) of section 2 and paragraph (b) of subsection (1)

of section 64 of this Act, shall be based on positive evidence and would involve an objective examination of —

(a)

the volume of the dumped or subsidized imports and the effect of the dumped or subsidized imports on prices in the domestic market for like products;

and

(b)

the consequent impact of these imports on domestic producers of such like products.

(2)

In examining the impact of the subsidized or dumped imports on the Sri Lankan industry, the Director-General shall base his examination on an evaluation of all relevant economic factors and indices having a bearing on the state of such industry, including:—

(a)

the actual and potential decline in output, sales, market share, profits, productivity, returns on investments or utilization of capacity;

(b)

the factors affecting domestic prices;

(c)

the magnitude of the dumping margin in the case of an anti-dumping investigation;

Anti-Dumping and Countervailing Duties

(d)

the actual and potential negative effects on cash flow, inventories, employment, wages, growth or ability to raise capital or investment; and

(e)

in the case of a countervailing duty investigation involving agriculture, whether there has been an increased burden on government support programmes.

(3)

The factors and indices listed in subsection (2) shall not be considered as exhaustive, nor shall any such factor or index be necessarily conclusive.