Anti-Dumping and Countervailing Duties Act 2018 · As enacted · Part III · General
77. Causation
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
In order to determine for the purpose of paragraph (c) of section 2 or paragraph (c) of subsection (1) of section 64 of this Act, whether there exists a causal link between the injury caused to the Sri Lankan industry by the investigated product and the dumping or the granting of a countervailable subsidy, as the case may be, the Director-General shall consider among other factors, whether:—
there has been a significant increase in dumped or subsidized imports in absolute terms or relative, to production or consumption in Sri Lanka;
there has been significant price undercutting by dumped or subsidized imports, as compared with the price of the domestic like product; and
the effect of the dumped or subsidized imports is such as to depress prices to a significant degree, or to prevent price increases which would otherwise have occurred to a significant degree.
The Director-General shall assess the effect of the dumped or subsidized imports in relation to the domestic production of the like product, where available data permits the separate identification of the production in accordance with such criteria, as the production process, producers’ sales and profits.
If the separate identification of the production is not possible, the Director-General shall assess the effects of the dumped or subsidized imports by examining the production of the narrowest group or range of products, which includes the domestic like product, for which necessary information can be provided.
In relation to an anti-dumping investigation, the demonstration of a causal link between the dumped imports and the injury to the Sri Lankan Industry shall be based on an examination of all relevant evidence before the Director-General.
The Director-General shall also examine any other known factors, other than the dumped or subsidized imports which, at the same time, are injuring the Sri Lankan industry.
Factors that may be considered by the Director-General under subsection (5) may include, inter alia:—
the volume and prices of non-subsidized imports of the goods in question or of imports not sold at dumping prices;
contraction in demand or changes in the patterns of consumption;
trade restrictive practices of, and competition between, the foreign and Sri Lankan producers;
developments in technology; and
the export performance and productivity of the Sri
Lankan industry.
Injury to the Sri Lankan industry caused by factors other than the dumped or subsidized imports shall not be attributed to the dumped or subsidized imports.
Anti-Dumping and Countervailing Duties