+--------------------------------------------------+-------------------+
| **[World Trade]{.smallcaps}**                    |                   |
|                                                  |                   |
| **[Organization]{.smallcaps}**                   |                   |
+--------------------------------------------------+-------------------+
|                                                  |                   |
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|                                                  | **                |
|                                                  | G/ADP/N/1/PAK/2** |
|                                                  |                   |
|                                                  | 23 January 2002   |
+--------------------------------------------------+-------------------+
|                                                  | (02-0341)         |
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|                                                  |                   |
+--------------------------------------------------+-------------------+
| **Committee on Anti-Dumping Practices**          | Original: English |
+--------------------------------------------------+-------------------+

notification of laws and regulations under

article 18.5 of the agreement

PAKISTAN

The following communication, dated 17 January 2002, has been received
from the Permanent Mission of Pakistan.

**THE GAZETTE OF PAKISTAN**

EXTRAORDINARY

PUBLISHED BY AUTHORITY

ISLAMABAD, FRIDAY, 22 DECEMBER 2000

MINISTRY OF LAW, JUSTICE, HUMAN RIGHTS AND

PARLIAMENTARY AFFAIRS

(Law, Justice and Human Rights Division)

*Islamabad, 22 December 2000*

**F.No.2(1)/2000-Pub.** - The following Ordinance made by the President
is hereby published for general information:-

ORDINANCE NO. LXV OF 2000

AN

ORDINANCE

*to amend and consolidate the law relating to imposition of anti-dumping
duties to offset*

*such dumping*

WHEREAS it is expedient to give effect in Pakistan to the provisions of
Article VI of the General Agreement on Tariffs and Trade, 1994, and to
the Agreement on Implementation thereof and to amend and consolidate the
law relating to imposition of anti-dumping duties to offset such
dumping, to provide a framework for investigation and determination of
dumping and injury in respect of goods imported into Pakistan and for
matters ancillary thereto or connected therewith;

AND WHEREAS the imposition of anti-dumping duties to offset injurious
dumping is in the public interest;

AND WHEREAS the National Assembly and the Senate stand suspended in
pursuance of the Proclamation of the fourteenth day of October, 1999,
and the Provisional Constitution Order No. 1 of 1999;

AND WHEREAS the President is satisfied that circumstances exist which
render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the
fourteenth day of October, 1999, and the Provisional Constitution Order
No. 1 of 1999, read with the Provisional Constitution (Amendment) Order
No. 9 of 1999, and in exercise of all powers enabling him in that
behalf, the President of the Islamic Republic of Pakistan is pleased to
make and promulgate the following Ordinance:-

PART I

PRELIMINARY

1**. Short title, extent and commencement. --** (1) This Ordinance may
be called the Anti-Dumping Duties Ordinance, 2000.

\(2\) It extends to the whole of Pakistan.

\(3\) It shall come into force at once.

2**. Definitions. --** In this Ordinance, unless there is anything
repugnant in the subject or context, **--**

\(a\) "Appellate Tribunal" means the Appellate Tribunal established
under section 64;

\(b\) "Commission" means the National Tariff Commission established
under the National Tariff Commission Act, 1990 (VI of 1990);

\(c\) "country" means any country or territory whether a member of the
World Trade Organization or not and includes a customs union or separate
customs territory;

\(d\) "domestic industry" means the domestic producers as a whole of a
domestic like product or those of them whose collective output of that
product constitutes a major proportion of the total domestic production
of that product, except that when any such domestic producers are
related to the exporters or importers, or are themselves importers of
the allegedly dumped investigated product in such a case "domestic
industry" shall mean the rest of the domestic producers.

**Explanation**.- For the purposes of this clause, producers shall be
deemed to be related to exporters or importers only if **--**

\(i\) one of them directly or indirectly controls the other;

\(ii\) both of them are directly or indirectly controlled by the same
third person; or

\(iii\) together they directly or indirectly control a third person:

Provided that 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 and for that purpose 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:

Provided further that, in exceptional circumstances, as may be
determined by the Commission, domestic industry in relation to a product
in question may be divided into two or more competitive markets and
producers within each such market may be regarded as a separate industry
if **--**

\(i\) the producers within such a market sell all or almost all of their
production of the product in question in such a market; and

\(ii\) the demand in such a market is not to any substantial degree
supplied by producers of the product in question located elsewhere in
Pakistan;

\(e\) "domestic like product" means the domestically produced product
which is a like product to an investigated product;

\(f\) "dumping margin" in relation to a product, means the amount by
which its normal value exceeds its export price;

\(g\) "export price" means export price determined in accordance with
Part IV of this Ordinance;

\(h\) "exporting country" means, save as provided in sub-section (3) of
section 5, a country from which an investigated product is exported to
Pakistan;

\(i\) "injury" means, unless otherwise specified, material injury to a
domestic industry, threat of material injury to a domestic industry or
material retardation of the establishment of a domestic industry, when
dumped imports are causing such injury;

\(j\) "interested party" includes **--**

\(i\) any exporter or foreign producer of an investigated product;

\(ii\) any importer of an investigated product;

\(iii\) trade or business association a majority of the members of which
are producers, exporters or importers of an investigated product;

\(iv\) the government of an exporting country;

\(v\) any producer of a domestic like product in Pakistan;

\(vi\) trade or business associations a majority of the members of which
produce a domestic like product in Pakistan; and

\(vii\) such other person or group of persons as the Commission may, by
notification in the official Gazette, specify;

\(k\) "investigated product" means a product which is subject to an
anti-dumping investigation as described in the notice of initiation of
the investigation;

(l ) "investigation" means an investigation conducted under this
Ordinance;

\(m\) "like product" means a product which is alike in all respects to
an 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;

\(n\) "normal value" means normal value determined in accordance with
Part III of this Ordinance ;

\(o\) "prescribed" means prescribed by rules made under this Ordinance;
and

\(p\) "WTO" means the World Trade Organisation established pursuant to
the Marrakesh Agreement concluded in Marrakesh, Morocco, on 15 April
1994.

PART II

ANTI-DUMPING MEASURES

3\. **Levy of anti-dumping duty. --** (1) The Commission shall, by
notification in the official Gazette, impose anti-dumping measures on
products imported into Pakistan when it determines, pursuant to an
investigation initiated and conducted in accordance with the provisions
of this Ordinance, that **--**

\(a\) an investigated product is dumped within the meaning of this
Ordinance; and

\(b\) injury is being caused to domestic industry within the meaning of
this Ordinance.

PART III

IDENTIFICATION OF DUMPING AND DETERMINATION OF NORMAL VALUE

4\. **Identification of dumping. --** For the purposes of this
Ordinance, an investigated product shall be considered to be dumped if
it is introduced into the commerce of Pakistan at a price which is less
than its normal value.

5\. **Normal value based on prices in exporting country. --** (1) Save
as provided for in section 6, the Commission shall establish normal
value of an investigated product on the basis of comparable price paid
or payable, in the ordinary course of trade, for sales of a like product
when destined for consumption in an exporting country.

\(2\) Notwithstanding anything contained in sub-section (1), the
Commission may establish normal value of an investigated product on the
basis of comparable price paid or payable in the ordinary course of
trade for sales of a like product when destined for consumption in the
country of origin of the investigated product if **--**

\(a\) such products are not produced in an exporting country; or

\(b\) there is no comparable price for them in an exporting country.

\(3\) In the event the Commission decides to establish normal value on
the basis of the country of origin of an investigated product pursuant
to sub-section (2), any reference to an exporting country in this
Ordinance shall be deemed to refer to the country of origin of the
investigated product.

6\. **Normal value based on export price to a third country or on
constructed value. --** (1) When there are no sales of a like product in
the ordinary course of trade in domestic market of an exporting country,
or when such sales do not permit a proper comparison because of any
particular market situation or low volume of the sales in the domestic
market of the exporting country, the Commission shall establish normal
value of an investigated product on the basis of either **--**

\(a\) a comparable price of the like product when exported to an
appropriate third country provided that this price is representative; or

\(b\) the cost of production in the exporting country plus a reasonable
amount for administrative, selling and general costs and for profits.

\(2\) Sales of a like product destined for consumption in domestic
market of an exporting country or sales to an appropriate third country
may be considered to be a sufficient quantity for the determination of
normal value if such sales constitute five per cent or more of the sales
of an investigated product to Pakistan:

Provided that the Commission shall apply a lower ratio if, on the basis
of evidence submitted by interested parties or otherwise available to
it, it is satisfied that sales at such lower ratio are nonetheless of
sufficient magnitude to provide for a proper comparison.

7\. **Circumstances in which certain sales may be disregarded in
determining normal value. --** (1) The Commission may treat sales of a
like product in domestic market of an exporting country or sales to a
third country at prices below per unit, fixed and variable, cost of
production plus administrative, selling and other costs as not being in
the ordinary course of trade by reason of price and may disregard such
sales in determining normal value only if the Commission determines that
such sales were made **--**

\(a\) within an extended period of time which shall normally be a period
of one year and in no case less than a period of six months;

\(b\) in substantial quantities; and

\(c\) at prices which do not provide for the recovery of all costs
within a reasonable period of time.

\(2\) For the purposes of sub-clause (b) of sub-section (1), sales below
per unit cost shall be deemed to be in substantial quantities if the
Commission establishes that **--**

\(a\) a weighted average selling price of transactions under
consideration for the determination of normal value is below a weighted
average cost; or

\(b\) the volume of sales below per unit cost represents twenty per cent
or more of the volume sold in transactions under consideration for the
determination of normal value.

\(3\) If prices which are below per unit cost at the time of sale are
above the weighted average cost for the period of investigation, the
Commission shall consider such prices as providing for recovery of costs
within a reasonable period of time.

8\. **Calculation of costs for the purposes of sections 6 and 7. --**
(1) For the purposes of sections 6 and 7, the Commission shall normally
calculate costs on the basis of records kept by an exporter or a
producer under investigation provided that such records are in
accordance with the generally accepted accounting principles of an
exporting country and reasonably reflect the costs associated with the
production and sale of a like product.

\(2\) For the purposes of sections 6 and 7, the amounts for
administrative, selling and general costs and for profits shall be based
on actual data pertaining to production and sales in the ordinary course
of trade of a like product for consumption in an exporting country by
any exporter or producer under investigation:

Provided that where the Commission is satisfied that such amounts cannot
be determined on the basis set out in sub-section (2), the amounts may
be determined on the basis of **--**

\(a\) the actual amounts incurred and realised by an exporter or a
producer in question in respect of production and sales in domestic
market of an exporting country of the same general category of products;

\(b\) the weighted average of the actual amounts incurred and realised
by other exporters or producers subject to investigation in respect of
production and sales of a like product in domestic market of an
exporting country; or

\(c\) any other reasonable method provided that the amount for profit so
established shall not exceed the profit normally realised by other
exporters or producers on sales of products of the same general category
in domestic market of an exporting country of a like product.

\(3\) The Commission shall consider all available evidence on the proper
allocation of costs, including such information as is made available by
any exporter or producer of a like product in the course of an
investigation provided that such allocations have been historically
utilised by the exporter or producer, in relation to establishing
appropriate amortisation and depreciation periods and allowances for
capital expenditures and other development costs, as the case may be.

\(4\) Unless already reflected in the cost allocations under this
section, the Commission shall adjust costs appropriately for those
non-recurring items of cost which benefit either future or current
production or both, or, for circumstances in which costs during the
period of investigation are affected by start-up operations. Such
adjustment made for start-up operations shall reflect the costs at the
end of the start-up period or, if that period extends beyond the period
of investigation, the most recent costs which can reasonably be taken
into account by the Commission during the investigation.

9\. **Exports from a country in which the government exercises
sufficient control over economic decisions so that the domestic market
does not operate freely. --** (1) Where the Commission determines that
the government of an exporting country exercises sufficient control over
economic decisions so that domestic market of such exporting country
does not operate freely, the Commission may, determine normal value on
the basis of **--**

\(a\) a comparable price paid or payable, in the ordinary course of
trade, for sales of a like product when destined for consumption in an
appropriate market economy country;

\(b\) where the Commission determines that the provisions of clause (a)
cannot be applied, a comparable price paid or payable, in the ordinary
course of trade, for exports of a like product from an appropriate
market economy country to other countries, including Pakistan;

\(c\) where the Commission determines that the provisions of clauses (a)
and (b) cannot be applied, a price actually paid or payable in Pakistan
for a domestic like product, duly adjusted if necessary to include a
profit margin corresponding to the margin to be expected under the
existing economic circumstances for the sector concerned; or

\(d\) where the Commission determines that the provisions of clauses
(a), (b) and (c) cannot be applied, any other reasonable basis.

\(2\) In identifying an appropriate market economy country for the
purposes of sub-section

(1), the Commission shall take into account factors such as **--**

\(a\) similarity of the product in terms of materials and end use;

\(b\) similarity of production methods; and

\(c\) availability of necessary information to the Commission.

PART IV

DETERMINATION OF EXPORT PRICE

10\. **Export price. --** (1) Save as provided for in sub-sections (2)
and (3), an export price shall be a price actually paid or payable for
an investigated product when sold for export from an exporting country
to Pakistan.

\(2\) In cases where there is no export price or where it appears to the
Commission that an export price is unreliable because of association or
a compensatory arrangement between an exporter and an importer or a
third party **--**

\(a\) the export price may be constructed on the basis of a price at
which imported products are first resold to an independent buyer; or

\(b\) if the imported products are not resold to an independent buyer,
or not resold in the condition as imported, on such reasonable basis as
the Commission may determine.

\(3\) Where, the Commission determines normal value on the basis of the
country of origin pursuant to sub-section (2) of section 5, an export
price shall be a price actually paid or payable, as determined by the
Commission, for an investigated product when sold for export in the
country of origin of the investigated product.

PART V

COMPARISON BETWEEN NORMAL VALUE AND EXPORT PRICE

11\. **Comparison. --** (1) To ensure a fair comparison between export
price and normal value, the Commission shall, where possible, compare
export price and normal value with the same characteristics in terms of
level of trade, time of sale, quantities, taxes, physical
characteristics, conditions and terms of sale and for delivery at the
same place which shall normally be at ex-factory level. Where an
interested party demonstrates to the Commission that any of the factors
set out in this sub-section or any other factors identified by such
interested party affect price comparability, the Commission shall make
due allowance for differences in such factors to the extent that the
same affect price comparability.

\(2\) In cases where export price is constructed on the basis of a price
at which imported products are first resold to an independent buyer
pursuant to sub-clause (a) of sub-section (2) of section 10, allowances
for costs including duties and taxes incurred between importation and
resale, and a reasonable amount for profits accruing, may also be made.
If in such cases price comparability has been affected, the Commission
shall establish normal value at a level of trade equivalent to a level
of trade of a constructed export price, or shall make due allowance as
warranted under this section.

\(3\) The Commission shall indicate to the parties in question what
information is necessary to ensure a fair comparison and shall not
impose an unreasonable burden of

proof on those parties.

12\. **Comparison methods. --** (1) Subject to section 11, existence of
dumping margin shall normally be established on the basis of a
comparison of a weighted average normal value with a weighted average of
prices of all comparable export transactions or by a comparison of
normal value and export prices on a transaction-to-transaction basis.

\(2\) Normal value established on a weighted average basis may be
compared to prices of individual export transactions if **--**

\(a\) the Commission finds a pattern of export prices, which differs
significantly among different purchasers, regions or time periods; and

\(b\) the Commission provides an explanation as to why such differences
cannot be taken into account appropriately by the use of a weighted
average-to-weighted average or transaction-to-transaction comparison.

13\. **Currency conversion. --** (1) Should the price comparison under
sections 11 and 12 require a conversion of currencies, the Commission
shall make such conversion using the rate of exchange on the date of
sale.

\(2\) For the purposes of sub-section (1), the date of sale shall
normally be the date of contract, purchase order, order confirmation or
invoice, whichever establishes the material terms of sale.

\(3\) Notwithstanding anything in sub-sections (1) and (2), when a sale
of foreign currency on forward markets is used in direct relation to an
export sale, the Commission shall use the rate of exchange in the
forward sale for all the related transactions.

\(4\) The Commission shall ignore fluctuations in exchange rates and
shall allow exporters at least sixty days to have adjusted their export
prices to reflect sustained movements in exchange rates during the
period of investigation.

14\. **Individual dumping margin. --** (1) The Commission shall
determine an individual dumping margin for each known exporter or
producer of an investigated product.

\(2\) Notwithstanding anything contained in sub-section (1), where the
Commission is satisfied that the number of exporters, producers or
importers, or types of products involved is so large as to make it
impracticable to determine an individual dumping margin for each known
exporter or producer concerned of an investigated product, the
Commission may limit its examination to a reasonable number of
interested parties or investigated products by using samples which are
statistically valid on the basis of information available to the
Commission at the time of selection, or to the largest percentage of
volume of exports from the country in question which can reasonably be
investigated.

\(3\) The selection of exporters, producers, importers or types of
products shall normally be made by the Commission in consultation with
the exporters, producers or importers concerned:

Provided that the final selection of the exporters, producers, importers
or types of products shall rest with the Commission.

\(4\) In cases where the Commission has limited its examination as
provided for in sub-sections (2) and (3), the Commission shall
nevertheless determine an individual dumping margin for any exporter or
producer who voluntarily submits the necessary information in time for
that information to be considered during the course of an investigation:

Provided that where the Commission determines that the number of
exporters or producers is so large that individual examinations would be
unduly burdensome to the Commission and prevent the timely completion of
the investigation, the Commission may decline to determine an individual
dumping margin on the basis of such voluntary responses and limit its
examination to such exporters and producers selected pursuant to
sub-section (2).

PART VI

DETERMINATION OF INJURY

15\. **Determination of injury. --** (1) A determination of injury, for
the purposes of this Ordinance, shall be based on an objective
examination of all relevant factors by the Commission which may include
but shall not be limited to **--**

\(a\) volume of dumped imports;

\(b\) effect of dumped imports on prices in domestic market for like
products; and

\(c\) consequent impact of dumped imports on domestic producers of such
products.

\(2\) With regard to volume of dumped imports, the Commission shall
consider whether there has been a significant increase in dumped
imports, either in absolute terms or relative to production or
consumption in Pakistan.

\(3\) With regard to effect of dumped imports on prices in domestic
market, the Commission shall consider whether **--**

\(a\) there has been a significant price undercutting by the dumped
imports as compared with price of a domestic like product; or

\(b\) whether the effect of dumped imports is otherwise to depress
prices to a significant degree or prevent price increases, which
otherwise would have occurred, to a significant degree.

\(4\) No one or several of the factors identified in sub-section (2) or
(3) shall be deemed to necessarily give decisive guidance and the
Commission may take into account such other factors as it considers
relevant for the determination of injury.

\(5\) In circumstances where domestic industry in relation to a product
in question has been divided into two or more competitive markets, and
producers within each such market are regarded as a separate industry
under the second proviso to the explanation to clause (d) of section 2,
injury may be found to exist even where a major portion of the total
domestic industry does not suffer injury provided that, there is a
concentration of dumped imports into such a market, and provided further
that dumped imports are causing injury to the producers of all or almost
all of the production within such market.

16\. **Cumulation. --** Where imports of a like product from more than
one country are the subject of simultaneous investigations under this
Ordinance, the Commission may cumulatively assess the effects of such
imports on domestic industry only if it determines that **--**

\(a\) dumping margin in relation to an investigated product from each
country is more than the negligible amount as specified in clause (a) of
sub-section (3) of section 41, and volume of dumped imports from each
investigated country is not less than the negligible quantity as
specified in clause (b) of sub-section (3) of section 41; and

\(b\) a cumulative assessment of the effects of the imports is
appropriate in the light of **--**

\(i\) the conditions of competition between the imports; and

\(ii\) the conditions of competition between the imports and a domestic
like product.

17\. **Examination of impact of dumped imports on domestic industry.
--** (1) An examination of impact of dumped imports on domestic industry
concerned shall include an evaluation by the Commission of all relevant
economic factors and indices having a bearing on the state of the
domestic industry, including, but not limited to **--**

\(a\) actual and potential decline in sales, profits**,** output, market
share, productivity, return on investments, or utilisation of capacity;

\(b\) factors affecting domestic prices;

\(c\) magnitude of dumping margin; and

\(d\) actual and potential negative effects on cash flow, inventories,
employment, wages, growth, ability to raise capital or investments.

**Explanation. --** The list of factors specified in sub-section (1)
shall not be exhaustive, nor shall one or several of these factors be
deemed to necessarily give decisive guidance.

\(2\) The Commission shall assess effect of dumped imports in relation
to production of a domestic like product in Pakistan when available data
permit separate identification of that production on the basis of
criteria of production process, producer's sales and profits:

Provided that if such separate identification of that production is not
possible, the Commission shall assess effects of dumped imports by
examination of the production of the narrowest group or range of
products, which includes a domestic like product, for which necessary
information can be provided.

18\. **Causation. --** (1) The Commission shall satisfy itself that
dumped imports are, through the effects of dumping, as provided in
sections 15 and 17, causing injury within the meaning of this Ordinance.
The consideration of a causal relationship between dumped imports and
injury to domestic industry shall be based on an examination by the
Commission of all relevant evidence before it.

\(2\) The Commission shall examine any known factors other than dumped
imports which are injuring domestic industry and injuries caused by such
other factors shall not be attributed by the Commission to the dumped
imports.

\(3\) Factors which may be relevant for the purposes of an examination
by the Commission pursuant to sub-section (2) may include the following,
namely: **--**

\(a\) volume and price of imports not sold at dumping prices;

\(b\) contraction in demand or changes in the patterns of consumption;

\(c\) trade restrictive practices of and competition between foreign and
domestic producers;

\(d\) developments in technology; and

\(e\) export performance and productivity of domestic industry.

19\. **Threat of material injury. --** (1) In making a determination
regarding existence of a threat of material injury, the Commission shall
consider all relevant factors, including but not limited to, such
factors as **--**

\(a\) a significant rate of increase of dumped imports into domestic
market indicating the likelihood of substantially increased importation;

\(b\) sufficient freely disposable, or an imminent and substantial
increase in capacity of an exporter indicating the likelihood of
substantially increased dumped exports to market in Pakistan, taking
into account the availability of other export markets to absorb any
additional exports;

\(c\) whether imports are entering at prices that shall have a
significant depressing or suppressing effect on prices in Pakistan, and
would likely increase demand for further imports; and

\(d\) inventories of an investigated product.

\(2\) No one of the factors specified in sub-section (1) by itself shall
be deemed to necessarily give decisive guidance and in making a
determination regarding a threat of material injury the Commission
shall, on the basis of the totality of the factors considered, satisfy
itself that further dumped exports are imminent and that, unless
protective action is taken, material injury shall occur.

PART VII

INITIATION AND CONDUCT OF INVESTIGATIONS

20\. **Requirement of a written application. --** (1) Subject to section
24 and save as provided for in section 25, an investigation by the
Commission shall only be initiated upon a written application by or on
behalf of domestic industry.

\(2\) An application under sub-section (1) shall **--**

\(a\) be submitted to the Commission in such manner, number and form and
with such fee as may be prescribed;

\(b\) include evidence of dumping and injury within the meaning of this
Ordinance as is reasonably available to the applicant; and

\(c\) contain such further information as may be prescribed.

21\. **Notice to government of exporting country. --** Upon receipt of
an application compliant with the requirements of sections 20 and 24,
the Commission shall promptly give notice to the government of each
exporting country of the receipt of such application.

22\. **Withdrawal of application before initiation. -** An application
under section 20 may be withdrawn prior to initiation, in which case it
shall be considered not to have been made:

Provided that upon the withdrawal of an application any fee paid along
with the application pursuant to clause (i) of sub-section (2) of
section 20 shall stand forfeited in favour of the Commission.

23\. **Initiation of an investigation. -- (**1) Subject to section 24,
the Commission shall examine accuracy and adequacy of evidence provided
in an application to determine whether it is compliant with the
requirements of section 20 and if so whether there is sufficient
evidence to justify initiation of an investigation.

\(2\) An application under section 20 shall be rejected as soon as the
Commission is satisfied that there is not sufficient evidence of either
dumping or of any injury to justify initiation of an investigation.

\(3\) The Commission may seek additional information from an applicant
before deciding whether to initiate an investigation and such
information shall be provided by the applicant to the Commission within
such time and in such manner as may be prescribed.

\(4\) When the Commission is satisfied that **--**

\(a\) an application under section 20 has been made by or on behalf of
domestic industry; and

\(b\) there is sufficient evidence of dumping and injury within the
meaning of this Ordinance, the Commission shall initiate an
investigation.

\(5\) Where the Commission does not consider it appropriate to initiate
an investigation, it shall inform all the applicants of the reasons for
not initiating the investigation and shall inform the exporting country
of its decision.

24\. **Application by or on behalf of domestic industry. --** (1) For
the purposes of section 20, an application shall be considered to have
been made by or on behalf of domestic industry only if it is supported
by those domestic producers whose collective output constitutes more
than fifty per cent of the total production of a domestic like product
produced by that portion of the domestic industry expressing either
support for or opposition to the application.

\(2\) For the purposes of section 23, no investigation shall be
initiated when domestic producers expressly supporting an application
account for less than twenty-five percent of the total production of a
domestic like product produced by domestic industry.

\(3\) In the case of fragmented industries involving an exceptionally
large number of producers, the Commission may determine support and
opposition for an application submitted under section 20 by using
statistically valid sampling techniques.

25\. **Self-initiation. --** The Commission may, *suo moto*, initiate an
investigation without having received a written application by or on
behalf of domestic industry if it has sufficient evidence of dumping and
injury, within the meaning of this Ordinance, to justify initiation of
an investigation.

26\. **Imposition of anti-dumping measures on behalf of a third country.
--** (1) An application for imposition of anti-dumping measures may be
made to the Commission on behalf of a third country by its authorities
provided that **--**

\(a\) such application is supported by price information to show that
imported goods are being dumped and by detailed information to show that
such dumping is causing injury to domestic industry concerned in the
third country; and

\(b\) the government of the third country affords all assistance to the
Commission to obtain such further information as the Commission may
require.

\(2\) In considering an application received under sub-section (1), the
Commission shall consider the effects of alleged dumping on the industry
concerned as a whole in the third country and injury shall not be
assessed in relation only to the effect of the alleged dumping on the
industry's exports to Pakistan or on the industry's total exports of the
product.

\(3\) The decision whether or not to initiate an investigation pursuant
to an application received under sub-section (1) shall rest with the
Commission:

Provided that the Commission shall not initiate such investigation until
the Federal Government has requested and received approval for such an
initiation from the Council for Trade in Goods of the WTO.

27\. **Notice of decision to initiate investigation. --** (1) When the
Commission has decided to initiate an investigation it shall **--**

\(a\) give notice to all exporters, importers and any representative
associations of importers or exporters known to the Commission to be
concerned, as well as representatives of the exporting country, the
applicant and other interested parties known to the Commission to have
an interest therein; and

\(b\) publish a copy of such notice in the official Gazette and in at
least one issue each of a daily newspaper in the English language and a
daily newspaper in the Urdu language having wide circulation in
Pakistan.

\(2\) The notice of initiation of an investigation referred to in
sub-section (1) shall be in such form and contain such information as
may be prescribed and the initiation of investigation shall be effective
on the date on which such notice is published in the newspapers as
provided for in clause (b) of sub-section (1).

28\. **Provision of copy of an application. --** Subject to the
requirement to protect confidential information pursuant to section 31,
the Commission shall, after initiation of an investigation, provide to
any interested party the full text of the written application received
by the Commission under sub-section (1) of section 20:

Provided that where the Commission determines that the number of
interested parties is particularly high, the Commission shall only
provide the full text of the written application received by it under
sub-section (1) of section 20 to exporting country or to the relevant
trade association of exporting country.

PART VIII

CONDUCT OF INVESTIGATIONS

29\. **Duration of investigation. --** The Commission shall, except in
special circumstances, conclude an investigation within twelve months,
and in no case more than eighteen months, after its initiation.

30\. **Customs clearance. --** Any proceedings or investigation under
this Ordinance shall not hinder the procedures of customs clearance.

31\. **Confidentiality. --** (1) Subject to sub-section (2), the
Commission shall, during and after an investigation, keep confidential
any information submitted to it and such information shall not be
disclosed without specific permission of the party submitting it.

\(2\) Any information which is **--**

\(a\) by nature confidential, because its disclosure shall be of
significant competitive advantage to a competitor, or because its
disclosure would have a significantly adverse effect upon a person
supplying the information, or upon a person from whom the information
was acquired;

\(b\) determined by the Commission to be of a confidential nature for
any other reason; or

\(c\) provided as confidential by parties to an investigation, shall,
upon good cause shown, be kept confidential by the Commission.

\(3\) The following types of information shall be deemed to be by nature
confidential, unless the Commission determines that disclosure in a
particular case would neither be of significant competitive advantage to
a competitor nor have a significantly adverse effect upon a person
supplying the information or upon a person from whom such information
was acquired, namely: **--**

\(a\) business or trade secrets concerning the nature of a product,
production processes, operations, production equipment, or machinery;

\(b\) information concerning financial condition of a company which is
not publicly available; and

\(c\) information concerning costs, identification of customers, sales,
inventories, shipments, or amount or source of any income, profit, loss
or expenditure related to manufacture and sale of a product.

\(4\) Any party seeking any information to be kept confidential shall
request for the same at the time the information is submitted, along
with the reasons warranting confidentiality. The Commission shall
consider such request expeditiously and inform the party submitting the
information if it determines that the request for keeping the
information confidential is not warranted.

\(5\) Any party submitting any information with the request to keep it
confidential shall furnish non-confidential summary of all such
information. Such summary may take the form of ranges or indexation of
figures provided in the confidential version or marked deletions in text
or in such other form as the Commission may require:

Provided that such non-confidential summary shall permit a reasonable
understanding of the substance of the information submitted in
confidence:

Provided further that any deletion in text shall, unless otherwise
allowed by the Commission, only relate to names of the buyer or
supplier.

\(6\) In exceptional circumstances, any party submitting confidential
information may indicate that such information is not susceptible of
summary, in which case a statement of the reasons why summarisation is
not possible shall be provided. If the Commission concludes that the
non-confidential summary provided fails to satisfy the requirements of
sub-section (5), it may determine that the request for keeping the
information confidential is not warranted.

\(7\) If the Commission finds that a request for keeping the information
confidential is not warranted, and if the supplier of such information
is unwilling to make it public or to authorise the disclosure in
generalised or summary form, the Commission shall disregard such
information and return the same to the party submitting it.

\(8\) Subject to sub-section (9), notwithstanding anything contained in
this Ordinance or in any other law for the time being in force, any
confidential information received or obtained, directly or indirectly,
by the Commission pursuant to or in connection with an investigation
shall not be subject to disclosure by the Commission to any Ministry,
Division, department, agency or instrumentality of the Federal
Government or a Provincial Government without the prior permission of
the party submitting such confidential information.

\(9\) The provisions of sub-section (8) shall not preclude the supply of
any information called for by the Appellate Tribunal pursuant to section
65:

Provided that the obligation to protect confidential information as
provided for in this Chapter shall, *mutatis mutandis*, extend to the
Appellate Tribunal.

32\. **Reliance on best information available. --** (1) Subject to
sub-section (2), if, at any time during an investigation, any interested
party **--**

\(a\) refuses access to, or otherwise does not provide, necessary
information within the period of time as may be prescribed; or

\(b\) otherwise significantly impedes the investigation, the Commission
may reach preliminary and final determinations, whether affirmative or
negative, on the basis of the best information available.

\(2\) The provisions of the Schedule to this Ordinance shall be followed
in the application of sub-section (1).

\(3\) The Commission shall take due account of any difficulties
experienced by interested parties, in particular, small companies, in
supplying information requested by it and may, where it deems fit,
provide such assistance as is practicable including, but not limited to,
extension of any time period prescribed for submission of information
under this Ordinance.

\(4\) The Commission shall satisfy itself of the accuracy of the
information supplied by interested parties during the course of an
investigation in such manner as may be prescribed.

33\. **Information to parties. --** The Commission shall provide an
opportunity to all interested parties to see information submitted to
it, which is not confidential and is relevant to the presentation of
their case.

PART IX

INVESTIGATION PROCEDURES, PRELIMINARY AND FINAL DETERMINATIONS

34\. **Proposed schedule for investigation. --** The Commission shall,
in a notice of initiation of an investigation referred to in section 27,
include the proposed schedule for conduct of an investigation, including
the proposed time limits for submission of written arguments, the
proposed date for any hearing, if requested, the proposed date for
preliminary determination, and the proposed date for final
determination.

35\. **Acquisition of information by the Commission. --** The Commission
shall solicit, gather, obtain, verify, accept and reject information for
the purposes of an investigation in such manner as may be prescribed.

36\. **Assessments to be on the basis of data relating to defined
periods. --** (1) The Commission shall base its assessments of dumping
and injury on data relating to defined periods which shall be the
periods for which information is required by the Commission.

\(2\) For the purposes of an investigation of dumping, an investigation
period shall normally cover twelve months preceding the month of
initiation of the investigation for which data is available and in no
case the investigation period shall be shorter than six months.

\(3\) For the purposes of an investigation of injury, the investigation
period shall normally cover thirty-six months:

Provided that the Commission may at its sole discretion, select a
shorter or longer period if it deems it appropriate in view of available
information regarding domestic industry and an investigated product.

37\. **Preliminary determination. --** (1) The Commission shall make a
preliminary determination of dumping and injury, if any, not earlier
than sixty days and not later than one hundred and eighty days, after
initiation of an investigation. Such preliminary determination shall be
based on the information available to the Commission at that time.

\(2\) The Commission shall issue a notice of preliminary determination,
whether affirmative or negative, which shall, subject to the
requirements of section 31, set forth in sufficient detail the findings
and conclusions reached on all issues of fact and law considered
material. Such notice of preliminary determination may also contain such
other information as may be prescribed.

\(3\) The Commission shall publish a copy of the notice of preliminary
determination in the official Gazette and in at least one issue each of
a daily newspaper in the English language and a daily newspaper in the
Urdu language having wide circulation in Pakistan.

\(4\) The Commission shall forward a copy of the notice of preliminary
determination to exporting country and to other known interested
parties.

38\. **Written arguments. --** In an investigation, any interested party
may submit written arguments to the Commission in such form and manner
and within such time as ay be prescribed.

39\. **Final determination. --** (1) The Commission shall normally make
a final determination of dumping and injury within one hundred and
eighty days of the date of publication of a notice of preliminary
determination in the official Gazette under sub-section (3) of section
37.

\(2\) The final determination shall be based on information obtained by
the Commission during the course of the investigation that has been
disclosed by the interested parties:

Provided that the Commission shall not be precluded from taking into
consideration information or data received or collected from any other
source.

\(3\) The Commission shall, subject to the requirements for the
protection of confidential information under section 31, issue a notice
of the final determination, whether affirmative or negative, containing
relevant information on the matters of fact and law and reasons that
have led to the determination.

\(4\) Without prejudice to the generality of the provisions of
sub-section (3) and in addition to such further information as may be
prescribed, the notice of the final determination referred to in
sub-section (3) shall specify: **--**

\(a\) the amount of the dumping margin, if any, found to exist and the
basis for such determination;

\(b\) the amount of the definitive anti-dumping duties to be imposed,
where applicable; and

\(c\) if definitive anti-dumping duties are to be collected with regard
to the imports to which provisional measures were applied along with the
reasons for the decision to do so.

\(5\) The Commission shall publish a copy of the notice of the final
determination referred to in sub-section (3) in the official Gazette and
in at least one issue each of a daily newspaper in the English language
and a daily newspaper in the Urdu language having wide circulation in
Pakistan:

Provided that such notice may, if the Commission deems it fit, only
contain a summary of the salient features of the final determination:

Provided further that where the notice of the final determination
contains only a summary of the salient features of the final
determination, the Commission shall make available to any interested
party applying for the same in writing a copy of the complete notice of
final determination.

\(6\) The copy of the notice of the final determination shall be
forwarded by the Commission to the exporting country and to other known
interested parties.

PART X

TERMINATION OF INVESTIGATION WITHOUT ADOPTION OF MEASURES

40\. **Withdrawal of an application. --** An application submitted
pursuant to section 20 may be withdrawn at any time after an
investigation has been initiated, in which case the Commission shall
terminate the investigation without imposition of any measures provided
for in this Ordinance:

Provided that the Commission may, if it considers it fit to do so,
continue an investigation notwithstanding the withdrawal of an
application as provided for in this section in which event, the
Commission may, subject to the provisions of this Ordinance, impose such
measures as are provided for in this Ordinance.

41\. **Termination for insufficient evidence, negligible dumping margin
or negligible volume. --** (1) An investigation may be terminated at any
time by the Commission if it is satisfied that there is not sufficient
evidence of either dumping or injury to justify proceeding with an
investigation.

\(2\) The Commission shall immediately terminate an investigation if it
determines that dumping margin is negligible or that volume of dumped
imports, actual or potential, or injury, is negligible.

\(3\) For the purposes of sub-section (2) **--**

\(a\) dumping margin shall be considered to be negligible if it is less
than two per cent, expressed as a percentage of the export price; and

\(b\) volume of dumped imports shall normally be regarded as negligible
if the volume of dumped imports of an investigated product is found to
account for less than three per cent of total imports of a like product
unless imports of the investigated product from all countries under
investigation which individually account for less than three per cent of
the total imports of a like product collectively account for more than
seven per cent of imports of a like product.

42\. **Notice of conclusion of an investigation without imposition of
measures. --** (1) The Commission shall, subject to the requirements for
the protection of confidential information under section 31, issue a
notice of the conclusion of an investigation without imposition of
measures which shall set forth in sufficient detail the findings and
conclusions reached on all issues of fact and law considered material by
the Commission including the matters of fact and law which have led to
arguments being accepted or rejected.

\(2\) The Commission shall publish a copy of the notice of conclusion of
an investigation without imposition of measures referred to in
sub-section (1) in the official Gazette and summary thereof in at least
one issue each of a daily newspaper in the English language and a daily
newspaper in the Urdu language having wide circulation in Pakistan.

PART XI

PROVISIONAL MEASURES

43\. **Imposition of provisional measures. --** (1) The Commission may
impose provisional measures if it makes an affirmative preliminary
determination of dumping and injury, and determines that provisional
measures are necessary to prevent injury being caused during the course
of an investigation:

Provided that provisional measures shall not be applied sooner than
sixty days from the date of initiation of the investigation.

\(2\) A negative preliminary determination of dumping shall not
automatically terminate an investigation, but no provisional measures
shall be imposed in such case.

\(3\) The provisions of sections 51 and 52 shall be followed in the
application of provisional measures.

44\. **Form of provisional measures. --** Provisional measures shall
take the form of security by way of cash deposit in an amount equal to
the provisionally determined dumping margin set forth in the notice of
preliminary determination referred to in sub-section (2) of section 37:

Provided that release of a product concerned for free circulation in
Pakistan shall be subject to provision of such security by way of cash
deposit.

45\. **Duration of application of provisional measures. --** Provisional
measures shall be applied for a period not exceeding four months:

Provided that the Commission may, upon request by exporters which the
Commission considers to be representing a significant percentage of the
trade involved, extend the period of application of provisional measures
to a period not exceeding six months.

PART XII

PRICE UNDERTAKINGS

46\. **Acceptance of price undertaking. --** (1) Where the Commission
has made a preliminary affirmative determination of dumping and injury
in accordance with the provisions of this Ordinance, the Commission may
suspend or terminate an investigation without imposition of anti-dumping
duties, whether preliminary or definitive, upon receipt of satisfactory
price undertaking from an exporter to revise its prices or to cease
export to the area in question at dumped prices so that the Commission
is satisfied that injurious effect of dumping in question is eliminated:

Provided that the Commission shall not seek or accept any price
undertaking from an exporter unless the Commission has made a
preliminary affirmative determination of dumping and injury in
accordance with the provisions of this Ordinance.

\(2\) Price increases under such price undertakings shall not be higher
than necessary to eliminate dumping margin and shall be less than the
provisionally determined dumping margin set forth in the notice of
preliminary determination referred to in sub-section (2) of section 37
if, the Commission determines that such lesser price increase would be
adequate to remove injury to domestic industry.

\(3\) The Commission may suggest price undertakings, but no exporter
shall be forced to enter into any such undertaking and the fact that
exporters do not offer such undertakings, or do not accept an invitation
to do so, shall not prejudice consideration of the case by the
Commission:

Provided that in such circumstances the Commission shall be free to
determine that a threat of injury is more likely to be realised if the
dumped imports continue.

47\. **Conditions for acceptance of price undertaking. --** (1) Except
in extraordinary circumstances, a price undertaking shall not be offered
later than sixty days before the proposed date of final determination as
set forth in a notice of initiation of an investigation in accordance
with the provisions of section 34.

\(2\) Notwithstanding anything contained in this section, the decision
to accept a price undertaking shall rest with the Commission.

**Explanation. --** The Commission may not accept a price undertaking if
it considers the acceptance thereof to be impractical because the number
of actual or potential exporters is too great, or for reasons of general
policy or for any other reason.

\(3\) If the Commission decides not to accept a price undertaking, it
shall provide to an exporter the reasons which have led it to consider
acceptance of a price undertaking as inappropriate and the exporter may,
not later than seven days from the submission of such reasons, submit
its written response to the Commission on the reasons given by the
Commission.

\(4\) The Commission may require an exporter from whom a price
undertaking has been accepted, to provide, periodically, information
relevant to the fulfilment of such undertaking, and to permit
verification of such information. The communication of such information
shall be subject to the provisions of section 31.

\(5\) Failure to provide any information requested by the Commission
pursuant to sub-section (4) shall be deemed to be a violation of a price
undertaking.

\(6\) Where the Commission accepts a price undertaking or a price
undertaking is terminated, it shall publish a notice to this effect in
the official Gazette and in at least one issue each of a daily newspaper
in the English language and a daily newspaper in the Urdu language
having wide circulation in Pakistan. Such notice shall contain the
non-confidential part of the price undertaking accepted, when
applicable, and details of the findings and conclusions reached by the
Commission on all the issues of fact and law considered material by the
Commission and such other information as the Commission may determine
necessary:

Provided that where the notice relates to acceptance by the Commission
of a price undertaking it shall contain such further information as may
be prescribed.

\(7\) A notice of acceptance of a price undertaking or termination
thereof referred to in sub-section (6) shall be forwarded by the
Commission to the country the product of which is the subject of such
notice and to other interested parties known to have an interest
therein.

\(8\) Where the Commission continues an investigation pursuant to
sub-section (1) of section 48, it shall publish a notice of the
continuation of the investigation, setting forth the proposed date for
final determination, and any other modifications to the proposed
schedule of the investigation as originally set out in the notice of
initiation of the investigation in accordance with section 34:

Provided that the final determination in such case shall be made by the
Commission no later than one hundred and eighty days from the date of
publication of the notice of acceptance of a price undertaking referred
to in sub-section (6) in the official Gazette.

48\. **Completion of an investigation. --** (1) If one or more price
undertakings are accepted by the Commission, it shall nevertheless
complete an investigation of dumping and injury if it receives a request
from an exporter in writing to continue such investigation, or where the
Commission so decides of its own accord.

\(2\) In the event the Commission makes a negative determination of
dumping or injury pursuant to an investigation continued under
sub-section (1), a price undertaking in question shall automatically
lapse except in a case where the Commission determines that such a
determination is due in large part to the existence of such price
undertaking in which case, the Commission may require that an
undertaking be maintained for a reasonable period of time to be
determined by the Commission.

\(3\) In the event the Commission makes an affirmative determination of
dumping and injury pursuant to an investigation continued under
sub-section (1), a price undertaking in question shall continue
consistent with its terms and the provisions of this Ordinance.

49\. **Violation of price undertaking. --** If a price undertaking is
violated or deemed to be violated, the Commission may, subject to the
provisions of this Ordinance, take expeditious action, which may include
immediate application of provisional measures using the best information
available. n such cases, definitive duties may be levied in accordance
with the provisions of this Ordinance on products imported for
consumption not more than ninety days before the application of such
provisional measures, except that any such retroactive assessment shall
not apply to imports entered before such violation of the price
undertaking.

PART XIII

IMPOSITION AND COLLECTION OF ANTI-DUMPING DUTIES

50\. **Mandatory imposition of anti-dumping duty. --** When the
Commission has established the existence of dumping and injury in
accordance with the provisions of this Ordinance, it shall, by
notification in the official Gazette, impose an anti-dumping duty in an
amount equal to dumping margin established by the Commission.

**51. Imposition and collection of anti-dumping duties. --** (1)
Anti-dumping duties, whether provisional or definitive, as the case may
be, imposed under this Ordinance shall **--**

\(a\) take the form of *ad valorem* or specific duties:

Provided that provisional measures shall take the form of security by
way of cash deposit;

\(b\) be imposed in addition to other import duties levied on an
investigated product;

\(c\) be collected in the same manner as customs-duties under the
Customs Act, 1969 (IV of 1969); or

\(d\) be levied and collected on a non-discriminatory basis on imports
of such product from all sources found to be dumped and causing injury,
except as to imports from those sources from which price undertakings
have been accepted by the Commission in accordance with the provisions
of Part XII of this Ordinance.

\(2\) Save as provided for in sub-section (3), the Commission shall
establish an individual anti-dumping duty for each known exporter or
producer of dumped imports.

\(3\) Subject to sub-sections (4) and (7), where the Commission has
limited its examination of dumping margin in accordance with
sub-sections (2) and (3) of section 14, any anti-dumping duty applied to
imports from exporters or producers not included in an examination by
the Commission shall not exceed a weighted average dumping margin
established with respect to selected exporters or producers.

\(4\) The Commission shall disregard for the purposes of sub-section (3)
any negligible margins, as defined in sub-section (3) of section 41, and
margins established under the circumstances referred to in section
32**.**

\(5\) Save as provided for in sub-section (4) of section 14, the
Commission shall apply individual anti-dumping duties to imports from
any exporter or producer not included in an examination who has provided
the necessary information during the course of an investigation.

\(6\) The Commission may apply a residual anti-dumping duty rate for
imports from exporters and producers not known to the Commission at time
of final determination at a rate which shall not exceed a weighted
average of individual dumping margins established for exporters and
producers examined during an investigation, excluding margins
established in accordance with section 32.

\(7\) Where all dumping margins are established pursuant to section 32,
the Commission shall use such alternative method of determining dumping
margins for exporters or producers not included in its examination as it
considers reasonable in the circumstances.

52**. Refund of anti-dumping duties paid in excess of dumping margin.
--** (1) An importer shall be granted a refund of the actual amount of
anti-dumping duties collected if the Commission determines that dumping
margin, on the basis of which such anti-dumping duties were paid, has
been eliminated or reduced to a level which is below the level of the
anti-dumping duty in force.

\(2\) An importer may submit an application for refund of anti-dumping
duties collected within any twelve months period to the Commission not
later than sixty days from the end of such period.

\(3\) An application under sub-section (2) shall contain such
information as may be prescribed.

**Explanation. --** When investigating an application for refund under
this section, the Commission shall apply the relevant provisions of this
Ordinance to its determinations. In particular, when determining whether
and to what extent a refund should be made when an export price is
constructed on the basis of a price at which imported products are first
resold to an independent buyer due to the absence of export price or
because it appears that the export price is unreliable pursuant to
sub-section (2) of section 10, the Commission shall take account of any
change in normal value, any change of costs incurred between importation
and resale, and any movement in resale price which is duly reflected in
subsequent selling prices, and shall calculate the export price with no
deduction for the amount of anti-dumping duties paid when satisfactory
evidence of the above is provided.

\(4\) The Commission shall provide an importer making an application
under sub-section (2) with an explanation of the reasons for the
decision concerning a request for refund.

\(5\) A refund of anti-dumping duties under this section shall normally
take place within twelve months, and in no case later than eighteen
months, after the date on which an application for refund compliant with
the requirements of sub-section (3) is received by the Commission.

53**. Anti-dumping duties and fees to be held in a non-lapseable
personal ledger account. --** (1) The Commission shall establish and
maintain a non-lapseable personal ledger account in its name for the
purposes of this Ordinance and all anti-dumping duties and fees
collected under this Ordinance shall be held in such account.

\(2\) The account established under sub-section (1) shall be maintained
and operated in such manner as may be prescribed.

PART XIV

RETROACTIVITY

54**. Retroactive application of definitive anti-dumping duties in
certain circumstances. --** A definitive anti-dumping duty may be
collected on products, which were imported for consumption not more than
ninety days prior to the date of application of provisional measures if,
the Commission determines, for a dumped product in question, that **--**

\(a\) there is a history of dumping which caused injury or that the
importer was, or should have been, aware that the exporter practices
dumping and that such dumping would cause injury; and

\(b\) injury is caused by massive dumped imports of a product in a
relatively short time which in the light of timing and volume of dumped
imports and other circumstances including, but not limited to, a rapid
build up of inventories of the imported product, is likely to seriously
undermine the remedial effect of the definitive anti-dumping duty to be
applied, provided that the importers concerned have been given an
opportunity of being heard in respect of such proposed action.

55**. Imposition of definitive anti-dumping duties retroactively. --**
(1) Where the Commission makes a final determination of injury but not
of a threat thereof or of material retardation of the establishment of
an industry or, in the case of a final determination of a threat of
injury, where the Commission determines that the effect of dumped
imports would, in the absence of provisional measures, have led to a
determination of injury, definitive anti-dumping duties may be levied
retroactively for the period for which provisional measures, if any,
have been applied.

\(2\) If definitive anti-dumping duty imposed under sub-section (1) is
higher than the amount of provisionally determined dumping margin set
forth in the notice of preliminary determination referred to in
sub-section (2) of section 37, the difference shall not be collected,
and if such definitive anti-dumping duty is lower than the amount of
such provisionally determined dumping margin the difference shall be
refunded by the Commission within forty-five days of such determination.

\(3\) Save as provided for in sub-section (1), where the Commission
makes a determination of threat of injury or material retardation, but
no injury has yet occurred, definitive anti-dumping duties may be
imposed only from the date of the determination of threat of injury or
material retardation and any cash deposit made during the period of
application of provisional measures shall be refunded by the Commission
within forty-five days of such determination.

\(4\) Where the Commission makes a negative final determination, any
cash deposit made during the period of application of provisional
measures shall be refunded by the Commission within forty-five days of
such determination.

56**. Circumstances in which provisional measures and anti-dumping
duties shall apply. --** Save as provided for in sections 49, 54 and 55,
provisional measures and definitive anti-dumping duties shall only be
applied to products which enter into Pakistan for consumption on or
after the date of publication of a notice of affirmative preliminary or
final determination in an investigation.

PART XV

DURATION AND REVIEW OF ANTI-DUMPING DUTIES AND PRICE

UNDERTAKINGS

57**. Duration of anti-dumping duty. --** Subject to the provisions of
this Ordinance, any anti-dumping duty imposed under this Ordinance shall
remain in force only as long as and to the extent necessary to
counteract dumping, which is causing injury.

58**. Review of anti-dumping duty. --** (1) Any definitive anti-dumping
duty imposed under this Ordinance shall be terminated on a date not
later than five years from the date of its imposition or from the date
of the most recent review under section 59, if such review has covered
both dumping and injury.

\(2\) The Commission shall, not later than ninety days preceding the
date of expiry of a definitive anti-dumping duty, publish a notice of
impending expiry of such anti-dumping duty in the official Gazette and
in at least one issue each of a daily newspaper in the English language
and a daily newspaper in the Urdu language having wide circulation in
Pakistan.

\(3\) A definitive anti-dumping duty shall not expire if the Commission
determines, in a review initiated before the date of expiry on its own
initiative or upon a duly substantiated request made by or on behalf of
domestic industry within forty-five days from public notice of impending
termination of the definitive anti-dumping duty concerned, that the
expiry of such anti-dumping duty would be likely to lead to continuation
or recurrence of dumping and injury and such anti-dumping duty shall
remain in force pending the outcome of such a review.

59**. Review for change of circumstances. --** (1) The Commission shall
review the need for continued imposition of anti-dumping duty, where
warranted, on its own initiative or, provided that a period of
twenty-four months has elapsed since the imposition of definitive
anti-dumping duty, upon a written request submitted by any interested
party, which contains positive information substantiating the occurrence
of changed circumstances justifying a need for a review including
sufficient information to enable the Commission to calculate export
price and normal value of a product in question.

\(2\) The Commission shall, upon initiation of a review under
sub-section (1), publish a notice in the official Gazette and in at
least one issue each of a daily newspaper in the English language and a
daily newspaper in the Urdu language having wide circulation in
Pakistan.

\(3\) In undertaking a review under sub-section (1), the Commission
shall consider whether continued imposition of anti-dumping duty is
necessary to offset dumping and whether injury would be likely to
continue to recur if anti-dumping duty were removed or varied and if, as
a result, the Commission determines that continued imposition of
anti-dumping duty is no longer warranted it shall be terminated
immediately.

\(4\) The Commission may require an applicant requesting a review under
this section to fill in an additional questionnaire provided by it
requiring such information and for such period as the Commission deems
necessary before such review is initiated in which case the review shall
be initiated following the receipt by the Commission of such
questionnaire duly filled in.

60**. Newcomer review. --** (1) If a product is subject to definitive
anti-dumping duties, the Commission shall carry out a review for the
purpose of determining individual dumping margins for any exporters or
producers in an exporting country concerned who did not export the
product to Pakistan during the period of investigation if such exporters
or producers can show that they are not related to any of the exporters
or producers in the exporting country who are subject to the
anti-dumping duties on an investigated product.

\(2\) A review under sub-section (1) shall be initiated within thirty
days following the date of receipt of an application for such review by
any producer or exporter concerned and shall normally be completed
within six months from its initiation and, in any event, no later than
twelve months:

Provided that the Commission may require an applicant requesting a
review under sub-section (1) to fill in an additional questionnaire
provided by it requiring such information and for such period as the
Commission deems necessary before such review is initiated in which case
a review under sub-section (1) shall be initiated within thirty days
following the receipt by the Commission of such questionnaire duly
filled in.

\(3\) No anti-dumping measures shall be imposed on imports from any
exporters or producers referred to in sub-section (1) while the review
under sub-section (2) is being carried out:

Provided that the Commission may require a cash deposit in the amount of
the residual anti-dumping duty rate determined pursuant to sub-section
(5) of section 51 to ensure that, should such a review result in a
determination of dumping in respect of such producers or exporters,
anti-dumping duties can be levied retroactively to the date of
initiation of the review.

61**. Duration and review of price undertakings. --** The provisions of
sections 57, 58 and 59 shall apply, *mutatis mutandis,* to price
undertakings accepted in accordance with Part XII of this Ordinance.

62**. Evidence and procedure. --** (1) The provisions of sections 27,
31, 32, 33, 35, 39, and 46 shall apply, *mutatis mutandis*, to any
review carried out under Part XV of this Ordinance.

\(2\) Any review conducted under sections 58 and 59 shall be carried out
expeditiously and shall normally be concluded within twelve months of
the date of initiation of the review.

63**. Anti-circumvention measures. --** If there is a change in the
pattern of trade between any third country and Pakistan which stems from
a practice, process or work for which there is insufficient due cause or
economic justification, other than imposition of anti-dumping duty, and
there is evidence that the remedial effects of such duty are being
undermined in terms of the prices or quantities of the like goods, or
both, and there is evidence of dumping in relation to normal values
previously established for the like or similar goods, then the
Commission may take action to prevent circumvention of the application
of anti-dumping duties as may be prescribed.

PART XVI

APPEAL TO APPELLATE TRIBUNAL

64**. Appeal to the Appellate Tribunal. --** (1) The Federal Government
shall, by notification in the Official Gazette, establish an Appellate
Tribunal for the purposes of exercising jurisdiction pursuant to
sub-section (2).

\(2\) Any interested party may prefer an appeal to the Appellate
Tribunal against **--**

\(i\) an affirmative or a negative final determination by the
Commission; and

\(ii\) any final determination pursuant to a review.

\(3\) The Appellate Tribunal shall comprise of the following to be
appointed by the Federal Government, namely: **--**

\(i\) a retired judge of the Supreme Court who shall also be the
Chairman of the Appellate Tribunal ;

\(ii\) a person well known for his integrity, expertise and experience
in economics with particular reference to international trade related
issues; and

\(iii\) a person well known for his integrity, expertise and experience
in matters related to customs law and practice.

\(4\) The salary allowances and other terms and conditions of services
of a person appointed to the Appellate Tribunal shall be such as may be
determined by the Federal Government.

\(5\) Every appeal under sub-section (2) shall be filed within
forty-five days from the date of the notice published in newspapers of
an affirmative or a negative final determination by the Commission, as
the case may be, and shall be in such form and contain such information
as may be prescribed.

\(6\) In examining an appeal under sub-section (2), the Appellate
Tribunal may make such further inquiry as it may consider necessary, and
after giving an appellant and the Commission an opportunity of being
heard, pass such order as it thinks fit, confirming, altering or
annulling a determination of the Commission appealed against:

Provided that in examining an appeal, the Appellate Tribunal shall, as
regards assessment of facts relating to an impugned determination of the
Commission, determine on the basis of official record maintained by the
Commission or any other documents relied upon by the Commission in
reaching the determination appealed against, whether the establishment
of facts by the Commission was proper and whether the Commission's
evaluation of those facts was unbiased and objective.

Where the Appellate Tribunal determines that the Commission's
establishment of facts was proper and its evaluation was unbiased and
objective, it may confirm an impugned determination of the Commission
subject to the condition that the Appellate Tribunal is satisfied that
in reaching the impugned determination, the Commission complied with the
relevant provisions of this Ordinance.

\(7\) An appeal under sub-section (2) shall be disposed of and the
decision of the Appellate Tribunal pronounced, as expeditiously as
possible but not later than ninety days from the date of receipt of an
appeal compliant with the requirements of sub-section (5), except in
extraordinary circumstances and on grounds to be recorded. The Appellate
Tribunal shall hear the appeal from day to day.

\(8\) The decision of the Appellate Tribunal shall be in writing and
shall give details of the issues raised in appeal and the arguments
adopted by an appellant and the Commission, and shall give reasons for
reaching its decision with reference to the provisions of this Ordinance
and the facts of the case.

\(9\) The Appellate Tribunal shall provide copies of its decision to all
the appellants and the Commission no later that five days from the date
of rendering its decision.

\(10\) The Appellate Tribunal may, if it deems necessary, require an
appellant to provide security in such form as may be prescribed, at the
time of filing of an appeal.

\(11\) The decision of the Appellate Tribunal shall be final and no
further appeal

shall lie therefrom:

Provided that the Appellate Tribunal may, if it thinks fit, accept an
application from any party to an appeal in which the Appellate Tribunal
has rendered its decision, for a clarification of any of the issues
raised by the Appellate Tribunal in its decision:

Provided further that such application shall specify the precise issue
in respect of which a clarification is sought and give reasons as to why
a clarification is necessary and the Appellate Tribunal shall only
accept such application if it is satisfied that a material issue
discussed in its decision requires further clarification or elaboration
and a party to be adversely affected by such clarification or
elaboration shall also be given a notice before clarification or
elaboration is made:

Provided further that no application under this sub-section shall be
accepted by the Appellate Tribunal later than thirty days of its
decision.

\(12\) The Appellate Tribunal shall perform its functions under this
Ordinance in accordance with such procedures as may be prescribed.

65**. Powers of the Appellate Tribunal. --** The Appellate Tribunal
shall, for the purpose of deciding an appeal, be deemed to be a civil
court and shall have the same powers as are vested in such court under
the Code of Civil Procedure, 1908 (Act V of 1908), including the powers
of **--**

\(a\) enforcing the attendance of any person and examining him on oath;

\(b\) compelling the production of documents; and

\(c\) issuing commission for the examination of witnesses and documents.

66**. Power of the Appellate Tribunal to call for and examine record.
--** The Appellate Tribunal may call for and examine the official
records of an investigation conducted by the Commission and any other
information or documents relied upon by the Commission in reaching a
determination appealed against for the purpose of satisfying itself as
to the legality or propriety of an impugned determination of the
Commission.

PART XVII

MISCELLANEOUS

67**. Power to make rules. --** The Federal Government may, by
notification in the official Gazette, make rules for carrying out the
purposes of this Ordinance.

68**. Public servants. --** The employees and other persons authorised
to perform or exercise any function or power under this Ordinance or
rendering services to the Commission as consultant or adviser shall be
deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code, 1860 (Act XLV of 1860).

69**. Failure to disclose correct information. --** Any person who
knowingly and wilfully provides false, misleading incorrect information
to the Commission whether in an application received under this
Ordinance or, otherwise in connection with an investigation under this
Ordinance, shall be guilty of an offence and shall on conviction be
liable to imprisonment for a term which may extend to three years, or a
fine not exceeding five million rupees, or both.

70**. Cognizance of offences. --** (1) Notwithstanding anything
contained in the Code of Criminal procedure, 1898 (Act V of 1898), no
court other than a court of session shall have jurisdiction to try any
person charged with an offence under section 69.

\(2\) No court of session shall take cognizance of an offence under
sub-section (1) except on a complaint in writing made by order of, or
authority from the Commission signed by any two members of the
Commission.

71**. Protection to persons prejudiced in employment because of
assisting the Commission. --** (1) An employer shall not **--**

\(a\) dismiss an employee, or prejudice an employee in his employment,
because the employee has assisted the Commission in connection with an
inquiry or investigation under this Ordinance; or

\(b\) dismiss or threaten to dismiss an employee, or prejudice or
threaten to prejudice an employee in his employment, because the
employee proposes to assist the Commission in connection with an inquiry
or investigation under this Ordinance.

\(2\) For the purposes of sub-section (1), a person shall be taken to
assist the Commission in connection with an inquiry if the person **--**

\(a\) gives information, whether orally or in writing, or gives
documents, to the Commission in connection with an inquiry or
investigation under this Ordinance; or

\(b\) gives evidence or produces documents, at an inquiry, investigation
or hearing held under this Ordinance.

72**. Appointment of advisers and consultants. --** (1) Subject to
sub-section (2), the Commission may, employ and pay consultants and
agents, and technical, professional and other advisers, including
bankers, economists, actuaries, accountants, lawyers and other persons
to do any act required to be done in the exercise of its powers, the
performance of its functions or for the better implementation of the
purposes of this Ordinance.

\(2\) The decision to employ and the terms and conditions of employment
of external advisers and consultants pursuant to sub-section (1) shall
be made by the Commission in accordance with such policy guidelines as
may be established by the Federal Government, in consultation with the
Commission, from time to time.

73**. Indemnity. --** No suit, prosecution or other legal proceedings
shall lie against the Commission, the Chairman or any member of the
Commission or any employee, consultant, agent or adviser of the
Commission for anything which is in good faith done or intended to be
done under this Ordinance or rules made thereunder.

74**. Removal of difficulties. --** If any difficulties arise in giving
effect to any of the provisions of this Ordinance, the Federal
Government may make such order, not inconsistent with the provisions of
this Ordinance, as may appear to it to be necessary for the purpose of
removing the difficulty:

Provided that no such power shall be exercised after the expiry of one
year from the coming into force of this Ordinance.

75**. Ordinance to override other laws. --** The provisions of this
Ordinance shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force,
including, without limitation, the National Tariff Commission Act, 1990
(VI of 1990), and the Customs Act, 1969 (IV of 1969).

76**. Repeal. --** The Import of Goods (Anti-Dumping and Countervailing
Duties) Ordinance, 1983 (III of 1983), and clause (ii) of section 4 of
the National Tariff Commission Act, 1990 (VII of 1990), are hereby
repealed.

77\. **Savings. --** Save as otherwise provided in this Ordinance,
nothing in this Ordinance shall affect or be deemed to affect anything
done, action taken, investigation or proceedings commenced, order, rule,
regulation, appointment, document, or agreement made, fee directed,
resolution passed, direction given, proceedings taken or instrument
executed or issued under or pursuant to any law amended or repealed by
this Ordinance, and any such thing, action, investigation, proceedings,
orders, rule, regulation, appointment, document, agreement, fee,
resolution, direction, proceedings or instrument shall, if in force at
the commencement of this Ordinance and not inconsistent with any of the
provisions of this Ordinance, continue in force and have effect as if
had been respectively done, taken, commenced, made, directed, passed,
given, executed or issued under this Ordinance or the law as amended by
this Ordinance.

THE SCHEDULE

\[*See* section 32(2)\]

BEST INFORMATION AVAILABLE

1\. As soon as possible after initiation of an investigation, the
Commission should specify in detail the information required from any
interested party, and the manner in which that information should be
structured by the interested party in its response. The Commission
should also ensure that the interested party is aware that if
information is not supplied within a reasonable time, the Commission
shall be free to make determination on the basis of facts available,
including those contained in an application for initiation of an
investigation by domestic industry.

2\. The Commission may also request an interested party to provide its
response in a particular medium such as computer tape or computer
language. Where such a request is made, the Commission should consider
the reasonable ability of the interested party to respond in the
preferred medium or computer language, and should not request the party
to use for its response a computer system other than that used by the
party. The Commission should not maintain a request for a computerised
response if the interested party does not maintain computerised accounts
and if presenting the response as requested would result in an
unreasonable extra burden on the interested party or it would entail
unreasonable additional cost and trouble. The Commission should not
maintain a request for a response in a particular medium or computer
language if the interested party does not maintain its computerised
accounts in such medium or computer language and if presenting the
response as requested would result in an unreasonable extra burden on
the interested party or it would entail unreasonable additional cost and
trouble.

3\. All information which is verifiable, which is appropriately
submitted so that it can be used in an investigation without undue
difficulties, which is supplied in a timely fashion, and, where
applicable, which is supplied in a medium or computer language requested
by the Commission, should be taken into account when determinations are
made. If a party does not respond in the preferred medium or computer
language but the Commission finds that the circumstances set out in para
2 have been satisfied, any failure to respond in the preferred medium or
computer language shall not be considered to significantly impede the
investigation.

4\. Where the Commission does not have the ability to process
information if provided in a particular medium such as computer tape,
the information should be supplied in the form of written material or
any other form acceptable to the Commission.

5\. If an information provided is not ideal in all respects, this shall
not justify the Commission from disregarding it, provided an interested
party has acted to the best of its ability.

6\. If evidence or information is not accepted by the Commission, the
supplying party shall be informed forthwith of the reasons therefore,
and shall be given an opportunity to provide further explanations within
a reasonable period, as may be determined by the Commission, due account
being taken of the time-limits of an investigation. If the explanations
are considered by the Commission as not being satisfactory, the reasons
for rejection of such evidence or information should be given in any
published determinations.

7\. If the Commission has to base its findings, including those with
respect to normal value, on any information from a secondary source,
including any information supplied in an application for initiation of
an investigation, it shall do so with special circumspection. In such
cases, the Commission shall, where practicable, check the information
from other independent sources at their disposal, such as published
price lists, official import statistics and customs returns, and from
the information obtained from other interested parties during the
investigation provided that if an interested party does not co-operate
and thus relevant information is being withheld from the Commission,
this situation may lead to a result which is less favourable to the
party than if the party did co-operate.

MOHAMMAD RAFIQ TARAR,

President

Mr. Justice

FAQIR MUHAMMAD KHOKAR

Secretary

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