Anti-Dumping and Countervailing Duties Act 2018 · As enacted · Part III · General
85. Interpretation
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
In this Act unless the context otherwise requires —
“actionable subsidy” means a subsidy –
that is specific within the meaning of section 66 of this Act;
the grant of which results in the receipt of a benefit as referred to in subsection (1) of section 67 of this Act; and
that is not referred to in the Third Schedule to this Act;
“country” includes a customs union or customs territory;
“Department” means the Department of Commerce;
“Director-General” means the Director-General of
Commerce;
“Director-General of Customs” shall have the same meaning as given in the Customs Ordinance
(Chapter 235);
“domestic like product” means the product produced in
Sri Lanka which is a “like product” to the investigated product, and includes any agricultural product or livestock product;
“dumping” means introduction to the commerce of Sri
Lanka a product at a price which is less than its normal value;
“dumping margin” means the difference between the export price and the normal value, expressed as a percentage of the export price, as it results from the comparison of the two in accordance with the provisions of this Act;
“injury” unless otherwise specified, means material injury to a Sri Lankan industry, threat of material injury to a Sri Lankan industry or material retardation of the establishment of a Sri Lankan industry;
“investigated product” means a product subject to an anti-dumping investigation or subsidized imports, as described in the notice of initiation of the investigation;
“like product” means a product which is identical, that is to say alike in all respects, to the investigated product, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the investigated product;
“Member” means a Member Country of the World Trade
Organization established by Marrakesh Agreement entered into on the 15th of April, 1994;
“Minister” means the Minister in charge of the subject of
Trade;
“non-actionable subsidy” means a subsidy which is not subject to a countervailing duty as determined by the Director-General under subsection (2) of section 65 of this Act;
Anti-Dumping and Countervailing Duties
“party interested” means —
the exporter or foreign producer of the investigated product;
the importer of the investigated product;
trade or business associations, a majority of the members of which are producers, exporters or importers of the investigated product;
the government of the exporting country;
the producer of the domestic like product in
Sri Lanka;
trade and business associations a majority of the members of which produce the domestic like product in Sri Lanka;
“prohibited subsidy” means —
subsidies contingent, in law or in fact (where the facts demonstrates that the granting of the subsidy is in fact, tied to actual or anticipated exportation or export earnings)
whether solely or as one of several other conditions, upon export performance, including those specified in the Fourth
Schedule to this Act;
subsidies contingent, whether solely or as one of several other conditions, upon the use of domestic over imported goods;
“provisional measures” means —
in relation to Part I of this Act, the requirement to pay the provisional duty or furnish a security equal to the estimated dumping margin found in the preliminary determination; or
in relation to part II of this Act, the requirement to pay the provisional duty or furnish a security equal to the estimated subsidy found in the preliminary determination;
“Sri Lankan industry” means the domestic producers as a whole of the domestic like product or products or those of them whose collective output of that product or products constitutes a major proportion of the total domestic production of that product or products, except that when producers are related to the exporters or importers or are themselves importers of the allegedly dumped investigated product, the term “Sri Lankan industry” may be interpreted as referring to the rest of the producers.
For the purposes of this definition, producers shall be deemed to be related to exporters or importers only if —
one of them directly or indirectly controls the other;
both of them are directly or indirectly controlled by a third person; or
together they directly or indirectly control a third person,
Provided, there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the purposes of this definition, one shall be deemed to control another, when the former is legally or operationally in a position to exercise restraint or direction over the latter; and
Anti-Dumping and Countervailing Duties
“subsidy” means in relation to products that are imported into Sri Lanka —
a financial contribution by the government or a public body that is made, including —
a direct transfer of funds including grants, loans, equity, infusion from that government or public body;
a potential direct transfer of funds or liabilities (loan guarantees etc.) from that government or public body;
a foregoing or non-collection of revenue (fiscal incentives such as tax credits etc.) due to that government or public body;
the provision by that government or public body of goods or services otherwise than in the course of providing normal infrastructure facilities;
the purchase by that government or public body of products; or
the payments to a funding mechanism or entrusting or directing a private body to carry out any one or more of the functions referred to in paragraphs (i) to (v) above, which would normally be vested in the government and the practice in no real sense, differs from practices normally followed by governments; or
any form of income or price support in the sense referred to in Article XVI of the General
Agreement on Tariffs and Trade 1994, that is received from such government or public body, and a benefit is thereby conferred, but an exemption of any export product from duties and taxes born by the like product when destined for domestic consumption, or the remission of such duties and taxes in amounts not in excess of those which have accrued, by that government, shall not be deemed to be a “subsidy” within the meaning of this definition.