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Part III · General

79. Material retardation

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

(1)

A determination of material retardation to the establishment of Sri Lankan industry, for the purposes of this Act, shall be based on a determination by the Director-General that -

(a)

the Sri Lankan industry producing the like products, is in the process of being established;

(b)

such an industry is viable;

(c)

the establishment of such an industry is imminent;

and

(d)

the dumped or subsidized imports are, through the effects of the dumping or countervailable subsidy, materially retarding the establishment of such an industry.

(2)

For the purpose of subsection (1), the Director-General shall consider, amongst others, factors such as feasibility studies, negotiated loans and contracts for the purchase of machinery aimed at new investment projects or the expansion of existing plants, and whether there has been significant investment for the establishment of such an industry.