Anti-Dumping and Countervailing Duties Act 2018 · As enacted · Part III · General
78. Threat of material injury
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
For the purpose of this Act, a determination of threat of material injury to the Sri Lankan industry shall be based on facts, and not merely on allegation, conjecture or remote possibility, and the change in circumstances which would create a situation in which the dumped or subsidized products would cause injury, shall be clearly foreseen and imminent.
In determining whether a threat of material injury exists, the Director-General shall consider with special care amongst others, factors such as:-
a significant rate of increase of dumped or subsidized imports into the Sri Lankan market, indicating the likelihood of substantially increased importation;
sufficient freely disposable, or an imminent substantial increase in, capacity of the exporter indicating the likelihood of substantially increased dumped or subsidized exports to the Sri Lankan market, taking into account the availability of other export markets to absorb any additional exports;
whether the imported products are entering at prices that will have a significant depressing or suppressing effect on Sri Lankan prices, and would likely increase demand for further imports;
inventories of the products being investigated; and
in the case of a countervailing duty investigation, the nature of the subsidy or subsidies in question, and the trade effects likely to arise therefrom.
None of the factors referred in subsection (2) by itself shall be considered as necessarily giving any decisive guidance, but the totality of the factors considered shall lead to the conclusion that further imports of the dumped or subsidized products are imminent and that, unless protective action is taken, injury would occur.