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As enacted
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41. Interpretation

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

In this Act unless the context otherwise requires –

“country” includes Members of the World Trade

Organization or any other country or autonomous customs territory;

“directly competitive product” means domestic product similar to or serving as a substitute for the product subject to investigation;

“domestic industry” means the producers as a whole of products which are like or directly competitive with the investigated product operating within the territory of Sri Lanka, or those producers operating within the territory of Sri Lanka whose collective output of like or directly competitive products constitutes a major proportion of the total domestic production of those products;

“increased quantity” includes increase in import whether in absolute terms or relative to domestic production;

“ interested parties” means –

(a)

an exporter and foreign producer of the investigated product;

(b)

an importer of the investigated product;

(c)

trade or business associations, a majority of the members of which are producers, exporters or importers of the investigated product;

(d)

the government of an exporting country or countries;

(e)

producers of the domestic like or directly competitive products in Sri Lanka;

(f)

trade and business associations, a majority of the members of which are producers of the domestic like or directly competitive products in Sri Lanka;

(g)

labour unions or other organizations representing the interests of workers in the domestic industry;

(h)

consumer associations;

(i)

industrial users of the investigated product;

and

(j)

any other natural or legal person as determined by the Director-General to have a sufficient interest in the outcome of an investigation;

“investigated product” means an imported product subject to safeguard investigation under this Act as described in the notice of initiation;

“like products” means domestic products which are identical or alike in all respects to the product subject to investigation or, in the absence of such products, another product that although not alike in all respect have the same physical, technical or chemical characteristics closely resembling the product under investigation;

“Member” means Member of the World Trade

Organization;

“Minister” means the Minister in charge of the subject of

Trade;

“participating interested parties” means those interested parties that have indicated their interest in participating in an investigation, in accordance with the provisions of section 11 of this Act;

“serious injury” means a significant overall impairment in the position of a domestic industry; and

“threat of serious injury” means a serious injury that is clearly imminent.