4. Serious injury

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

For the purpose of this Act, a determination as to whether increased imports of the investigated product have caused a threat of serious injury or serious injury to a domestic industry, shall be based upon an evaluation of all relevant factors of an objective and quantifiable nature having a bearing on such domestic industry, and in particular, the following factors:-

(a)

the rate and amount of the increase in imports of the investigated product in absolute terms and relative to domestic production of like or directly competitive products;

(b)

the share of the domestic market taken by increased imports of the investigated product;

(c)

the consequent impact on the domestic industry of the like or directly competitive products, evidenced by changes in relevant economic indicators such as production, capacity utilization, inventories, sales, prices (such as decrease in domestic prices or lack of increase in domestic prices, which could have otherwise occurred in the absence of increased imports), productivity, profits and losses, return on investments, cash flow and employment; and

(d)

any other relevant factors other than increased imports of the investigated product which also are causing or threatening to cause serious injury to the domestic industry, though such injury shall not be attributed to the increased imports.

(2)

A determination of threat of serious injury or serious injury shall be based on objective evidence that demonstrates the existence of a causal link between the increased imports of the product concerned and the alleged threat of serious injury or injury.

(3)

Where factors other than increased imports causes threat of serious injury or serious injury to the domestic industry in question at the same time, such serious injury shall not be attributed to such increased imports. In such cases, the Director-General may refer the complaint for anti-dumping or countervailing duty investigations, if necessary.

Read on from s 5