WORLD TRADE
ORGANIZATIONG/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
28 June 1999
(99-2651)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
JAMAICA
The following communication, dated 14 June 1999, has been received from the Permanent
Mission of Jamaica.G/ADP/N/1/JAM/2
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Short title and
commencement.
InterpretationJAMAICA
No. 22-1999
I assent,
H.S. Cooke (Signed)
Governer-General
26 March 1999
AN ACT to Repeal and replace the Customs Duties (Dumping and
Subsidies) Act, to establish the Anti-Dumping and Subsidies Commission, and for
the Implementation by Jamaica of the provisions of the Agreement on theimplementation of Article VI of the General Agreement on Tariffs and Trade and for
connected matters.
[
The date notified by the Minister bringing the Act into operation]
BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the
advice and consent of the Senate and House of Representatives of Jamaica, and by
the authority of the same, as follows:
1. This Act may be cited as the Customs duties (Dumping and Subsidies) Act,
1999, and shall come into operation on a day to be appointed by the Minister by
notice published in the Gazette.
2. (1) In this Act –
"the Anti-Dumping Agreement" means the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade concluded at Marrakesh,
Morocco in 1994;
"amount of the subsidy" in relation to any subsidized goods, means the
amount of the subsidy on the goods –
(a) determined in the prescribed manner;  or(b) determined in such manner as the Commission may specify in any
case where -
(i) the manner of determining the amount of the subsidy has not
been prescribed;  or
(ii) in the opinion of the Commission, sufficient information has
not been furnished or is not available to enable the
determination of the amount of the subsidy in the prescribed
manner;G/ADP/N/1/JAM/2
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"Commission" means the Anti-Dumping and Subsidies Commission
established in accordance with section 3;
"country of export" means –(a) in the case of dumped goods, the country from which the goods were
shipped directly to Jamaica or, if the goods have not been shipped
directly to Jamaica, the country from which the goods would be
shipped directly to Jamaica under normal conditions of trade;  and
(b) in the case of subsidized goods, the country in which the subsidy
originated;
"dumped" in relation to goods, means that the export price of those goods is
less than –
(a) the price at which like goods are sold in the ordinary course of trade
for domestic consumption in the exporting country;  or
(b) the cost of production of those goods in the exporting country
including any subsidy provided in relation to such production;
"duty" means any duty imposed by virtue of this Act;"export price means" the export price determined in accordance with
sections 19 to 21;
"export subsidy" means subsidies contingent in law or in fact whether solely
or as one of several other conditions upon export performance, including those
illustrated in the Subsidies Agreement;
"fair market price" means the fair market price determined in accordance
with regulations made under section 35;
"functions" includes duties and powers;"importer" in relation to any goods, has the same meaning as in section 2 of
the Customs Act;
"interested party" means a person –(a) engaged in the production, purchase, sale, export or import of any
goods that are the subject of an investigation;
(b) engaged in the production, purchase or sale of any goods produced in
Jamaica that are like goods in relation to goods that are the subject of
an investigation;
(c) acting on behalf of any person referred to in paragraph (a) or (b);
(d) who is a user of any goods that are like goods in relation to any goods
that are the subject of an investigation.G/ADP/N/1/JAM/2
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"like goods" in relation to any other goods, means –
(a) goods which are identical in all respects with those other goods;  or(b) in the absence of such identical goods as aforesaid, goods of which
the uses and other characteristics closely resemble those of the other
goods;
"margin of dumping" in relation to any goods, means the amount by which
the normal value of the goods in the exporting country exceeds the export pricethereof:
"material injury" means, in respect of the dumping or subsidizing of any
goods, material injury to the production in Jamaica of like goods;
"properly documented", in relation to a complaint in respect of the dumping
or subsidizing of goods, means that -
(a) the complaint –
(i) alleges that the goods have been dumped or subsidized,
specifies the goods, the country of origin or export of such
goods and alleges that the dumping or subsidizing has caused,
is causing or is likely to cause, material injury;
(ii) states in reasonable detail the facts on which the allegations
referred to in sub-paragraph (I) are based;  and
(iii) makes such other representations as the complainant deems
relevant to the complainant;  and
(b) the complainant provides –
(i) such information as is available to him to prove the facts
referred to in paragraph (a) (ii);  and
(ii) such other information as the Commission may reasonably
require him to provide;
"provisional duty" means the duty imposed under section 16;"release" in respect of goods, means to authorize the removal of the goods
from a Customs Officer, warehouse (including bonded warehouse) or duty free shop
for use in Jamaica;
"Subsidies Agreement" means the Agreement on Subsidies and
Countervailing Measures concluded at Marrakesh, Morocco in 1994;
"subsidy" in relation to goods that are exported to Jamaica means a financial
contribution that is made in connection with the production, manufacture or export
of those goods for the purpose of conferring a benefit in relation to those goods –G/ADP/N/1/JAM/2
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(a) by –
(i) a government of the country of export or country of origin of
those goods;  or
(ii) a public body of that country or of which that government is a
member;  or
(iii) a private body entrusted or directed by that government or
public body to carry out a government function;
(b) by means of –
(i) a direct transfer of funds by the government or body as
aforesaid to the enterprise by whom the goods are produced,manufactured or exported;  or
(ii) the acceptance of liabilities (whether actual or potential) of that
enterprise by that government or body;  or
(iii) the foregoing or non-collection, of revenue other than
allowable exemption or remission due to that government or
body by that enterprise;  or
(iv) the provision by that government or body of goods or services
or other benefits to that enterprise otherwise than in the course
of providing general infrastructure;  or
(v) the purchase by that government or body of goods provided by
that enterprise;  or
(vi) the provision to the exporter of the goods of any form of
income or price support as referred to in Article XVI of the
General Agreement on Tariffs and Trade, 1994 that is received
from such a government or body;
"undertaking" means an undertaking  with respect to goods that are the
subject of a dumping or subsidizing investigation under this Act, that is to say –
(a) in the case of dumped goods, an undertaking given by an exporter
where the exporter undertakes –
(i) to increase, in the manner specified in his undertaking, the
price at which he sells the goods to importers in Jamaica in
order to eliminate the margin of dumping;  or
(ii) to cease dumping the goods in Jamaica;  andG/ADP/N/1/JAM/2
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Establishment of
the Commission.
Schedule
Functions of the
Commission.(b) in the case of subsidized goods an undertaking given by –
(i) an exporter who undertakes to increase, in the manner specified
in the undertaking, the price at which he sells the goods to
importers in Jamaica;  or
(ii) the government of a country which undertakes in the manner
specified in the undertaking –
(A) to eliminate the subsidy on goods exported to Jamaica
from that country;
(B) to limit the amount of the subsidy on goods exported to
Jamaica from that country;  or
(C) otherwise to eliminate the effect of the subsidizing on the
production in Jamaica of like goods.
(2) For the purposes of this Act, imported goods shall be regarded as
having been dumped –
(a) if the export price from the country in which the goods originated is
less than the fair market price of the goods in that country;  or
(b) in a case where the country from which the goods were exported to
the island is different from the country in which they originated –
(i) if the export price from the country in which the goods
originated is less than the fair market price of those goods in
that country;  or
(ii) if the export price in the country from which the goods were so
exported is less than the fair market price of those goods in that
country.
3. (1) There shall be established for the purposes of this Act, a body to be
called the Anti-Dumping and Subsidies Commission.
(2) The provisions of the Schedule shall have effect with respect to the
constitution and procedure of the Commission and otherwise in relation thereto.
4. (1) The functions of the Commission shall be –
(a) to carry out on its own initiative or on the request of any person,
investigations in relation to the dumping of goods or the giving of a
subsidy affecting goods and to make such reports and
recommendations in relation to such goods as it considers necessary;
(b) to carry out such other investigations as it may consider necessary or
desirable in connection with matters falling within the provisions of
this Act;G/ADP/N/1/JAM/2
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Commission to
seek information.(c) to advise the Minister on such matters relating to the operation of this
Act, as it thinks fit or as may be requested by the Minister;
(d) to carry out such other duties as may be prescribed by or pursuant to
this Act.
(2) For the purposes of carrying out its functions pursuant to this Act,
the Commission may –
(a) summon and examine witness;(b) call for and examine documents;(c) administer oaths;
(d) require that any document submitted to the Commission be verified
by affidavit;
(e) adjourn any investigation from time to time.
(3) The Commission may hear orally any person who, in its opinion,
will be affected by an investigation under this Act, and shall so hear such person if a
written request for a hearing has been made by the person showing that he is an
interested party likely to be affected by the result of the investigation and that there
are particular reasons why he should be heard orally.
(4) A person referred to in subsection (3) shall be entitled to be
represented by counsel at a hearing.
(5) In holding a hearing pursuant to subsection (2), the Commission
shall take account of the need to preserve confidentiality.
(6) The Commission may require the importer of any goods or such
other person as the Commission considers appropriate, to state within such time as
the Commission shall specify such facts concerning the goods and their history as it
may think necessary to determine whether the goods are being dumped or subsidized
and if such information is not furnished to its satisfaction, the Commission maymake a finding as to such facts on the basis of the information available to it.
(7) If a person fails or refuses without reasonable cause, to furnish
information to the Commission when required to do so, the Commission may apply
to a Court for an order to compel the person to furnish the information to theCommission.
(8) A person who fails to comply with an order of a Court shall be
guilty of contempt of Court and shall be liable to be punished accordingly.
5. The Commission shall seek to obtain all information that it considers
necessary to assist it in its investigations.G/ADP/N/1/JAM/2
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Commission may
seek advice ofpersons withspecialized
knowledge.
Evidence
Commission to
provide access.6. (1) The Commission may, enter into arrangements with any body or
person recognized by the Commission as having specialized knowledge of any
matter being investigated by the Commission, to assist it in an advisory capacity in
its investigation of that matter.
(2) In making arrangements pursuant to subsection (1), the Commission
shall have regard to any budgetary limitations under which it operates.
7. (1) The Commission may, by notice in writing, require any person who,
in the opinion of the Commission is able to provide evidence relevant to an
investigation under this Act, to provide,  under oath or otherwise, the evidence
referred to in the notice.
(2) Where pursuant to subsection (1), the Commission requires any
person to provide evidence, the Commission shall, in the notice given under that
subsection –
(a) provide sufficient information for the person to identify the
evidence;  and
(b) specify the time within which and the manner and form in which the
evidence is to be provided.
(3) If a person fails or refuses to provide evidence to the Commission as
required under subsection (1), the Commission may apply to a Court for an order to
compel the person to provide that evidence.
(4) A person who fails to comply with a Court order under
subsection (3) shall be guilty of contempt of Court and shall be liable to be punished
accordingly.
(5) Any person who provides evidence to the Commission which he
knows or has reason to believe to be false or misleading in a material particular shallbe guilty of an offence and shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding five hundred thousand dollars or to imprisonment
for a term not exceeding two years or to both such fine and imprisonment;  and
where the offence is continued after conviction the person shall be guilty of a further
offence and shall be liable on summary conviction as aforesaid to a fine notexceeding twenty thousand dollars for every day during which the offence is so
continued.
8. (1) Subject to this section the Commission shall –
(a) give notice of the information requ ired to all interested parties in
respect of any investigation pursuant to this Act and provide
sufficient opportunity to the interested parties to present in writing all
the evidence which they consider relevant in respect of the
investigation in question;G/ADP/N/1/JAM/2
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Request for
Information to bekept confidential.
Effect of refusal
to provide
information.(b) provide timely opportunities for all interested parties to –
(i) examine all information other than confidential information as
defined in subsection (3) used by the Commission in aninvestigation and relevant to the presentation of their cases; and
(ii) prepare presentations on the basis of that information.
(2) The Commission shall not disclose confidential information supplied
to it by an interested party to the other interested parties unless the party submitting
the information agrees to such disclosure.
(3) For the purposes of this section and section 10, information is
considered confidential if –
(a) because of the nature of the information, disclosure of it would be of
significant competitive advantage to a competitor;  or
(b) its disclosure would have a significantly adverse effect upon a person
supplying the information or upon a person from whom that person
acquired the information.
(4) Information treated as confidential under this section shall not be
disclosed by anyone who received such information by virtue of the provisions of
this Act otherwise than in the discharge of his functions under this Act.
(5) Any person who contravenes the provisions of subsection (4) shall be
guilty of an offence and shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding five hundred thousand dollars or to imprisonment
for a term not exceeding two years or to both such fine and imprisonment.
9. (1) Where a person who provides the Commission with evidence
pursuant to the provisions of this Act wishes some or all of the evidence to be keptconfidential, the person shall submit, at the time the evidence is provided, a
statement identifying the evidence that he wishes to be kept confidential and stating
the reason therefor.
(2) Where pursuant to subsection (1), a person submits to the
Commission a statement referred to in that subsection, that person shall also submit
to the Commission a summary of the evidence to which the statement relates in
sufficient detail to convey a reasonable understanding of the evidence.
10. Where an interested party refuses access to, or otherwise does not provide
necessary information within a reasonable period or significantly impedes the
investigation, the Commission may make such determination as it thinks appropriate
on the basis of the facts available and, for the purposes of this subsection, the
Commission shall have regard to the provisions of Annex II of the Anti-Dumping
Agreement.G/ADP/N/1/JAM/2
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Anti-dumping
andcountervailingduty.
Other cases.11. (1) Duties shall be imposed, in accordance with subsection (2), on all
dumped or subsidized goods imported into Jamaica in respect of which, before the
release of the goods, the Commission has made a finding that the dumping or
subsidizing of such goods has caused, is causing or is likely to cause material injury.
(2) The duties referred to in subsection (1) are –
(a) in the case of dumped goods, an anti-dumping duty in an amount
equal to the margin of dumping of the imported goods;  and
(b) in the case of subsidized goods, a countervailing duty in an amount
equal to the subsidy on the imported goods,
or, as the case may require, such lesser amount as is considered adequate
compensation for the injury
12. (1) Duties shall be imposed in accordance with the sub-section (2) on all
dumped or subsidized goods imported into Jamaica –
(a) in respect of which the Commission has made a finding, after the
release of the goods, that the dumping or subsidizing of goods of the
same description –
(i) has caused, is causing and is likely to cause material injury;  or
(ii) would have caused material injury except for the fact that
provisional duty was applied or an undertaking was accepted in
respect of the goods;
(b) that were released –
(i) during the period commencing on the day the preliminary
determination is made and ending on the day the Commission
makes the finding referred to in paragraph (a);
(ii) in any case where an undertaking accepted by the Minister with
respect to the goods has been violated, during the periodcommencing on the day that the undertaking is violated and
ending on the day that section 16 becomes applicable to the
goods.
(2) The duties referred to in subsection (1) are –(a) in the case of dumped goods, an anti-dumping duty in an amount
equal to the margin of dumping of the goods;  and
(b) in the case of subsidized goods, a countervailing duty in an amount
equal to the amount of the subsidy on the goods,G/ADP/N/1/JAM/2
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Anti-Dumping
duty.
Countervailing
duty.or, as the case may require, such lesser amount as may be considered adequate
compensation for the injury but not exceeding, in the case of any goods to which
subsection (1)(b)(i) applies, the duty (if any) paid or payable in respect of the goods
pursuant to section 16.
13. (1) There shall be imposed, on all dumped goods imported into Jamaica,
being goods described in subsection (2), an anti-dumping duty in an amount equal to
the margin of dumping of such goods or as the case may require, such lesser amount
as may be considered adequate to remove the injury.
(2) The goods referred to in subsection (1) are goods –(a) in respect of which the Commission has made a finding, after the
release of the goods that –
(i) either -
(A) there has occurred a significant importation of like goods
that were dumped, which dumping has caused material
injury or would have caused material injury except for
the application of anti-dumping measures;  or
(B) the importer of the goods was or should have been aware
that the exporter was practising dumping and that the
dumping would cause material injury;  and
(ii) material injury has been caused by reason of the fact that the
imported goods –
(A) constitute a significant importation into Jamaica;  or(B) form a part of a series of importations into Jamaica,
which are significant in the aggregate and have occurredwithin a relatively short period of time,
and in order to prevent the recurrence of the material injury, it
appears necessary to the Commission that duty be assessed on
the imported goods;  and
(b) that were released during the period of ninety days preceding the day
on which the Commission made a preliminary determination of
dumping in respect of the goods or goods of that description.
14. (1) There shall be imposed on all subsidized goods imported into
Jamaica, a countervailing duty in an amount equal to the amount of the subsidy on
the goods.
(2) The goods referred to in subsection (1) are goods –(a) in respect of which the Commission has made a finding, after the
release of the goods, that –G/ADP/N/1/JAM/2
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Provisional duty.(i) material injury has been caused by reason of the fact that the
imported goods –
(A) constitute a significant importation into Jamaica;  or
(B) form part of a series of importations into Jamaica, which
are significant in the aggregate and have occurred within
a relatively short period of time;  and
(ii) a countervailing duty should be imposed on the subsidized
goods in order to prevent the recurrence of such material
injury;
(b) that were released during the period of ninety days preceding the day
on which the Commission made a preliminary determination of
subsidizing in respect of goods or goods of that description;  and
(c) in respect of which the Commission has made a specification
pursuant to section 27.
(3) Where –(a) subsidized goods on which a countervailing duty is imposed pursuant
to subsection (1) are imported into Jamaica;  and
(b) the amount of the subsidy on such goods is less than the amount of
the duty so imposed,
then the countervailing duty imposed pursuant to this section shall be equal to the
amount of the subsidy or, as the case may require, such lesser amount as may be
considered adequate compensation for the injury.
15. (1) Where the Commission makes a preliminary determination in respect
of the dumping or subsidizing of imported goods at any stage of an investigation
under this Act, there may be imposed, in respect of those goods, provisional duties in
accordance with this section.
(2) Subject to subsection (3), provisional duties shall be paid by the
importer of dumped or subsidized goods that are of the same description as any
goods to which the preliminary determination applies and that are released during
the period commencing on the day on which the preliminary determination is madeand ending on –
(a) the day on which the Commission terminates the investigation
pursuant to section 32 with respect to goods of that description;  or
(b) the day on which the Commission makes a finding with respect of
any goods of that description,
whichever is the earlier.G/ADP/N/1/JAM/2
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Payment and
collection of anti-dumping duties.(3) Provisional duties shall be imposed at not earlier than sixty days after
the date on which investigation was initiated and shall be effective for a period not
exceeding four months, or, at the request of exporters representing a significantpercentage of trade concerned, a period not exceeding six months.
(4) Where provisional duties are imposed under this section in respect of
any goods, the importer of those goods shall, at his option –
(a) pay or cause to be paid on the imported goods, provisional duty in an
amount not greater than the estimated margin of dumping or theestimated amount of the subsidy on those goods;  or
(b) post or cause to be posed security in a prescribed form and in an
amount or to a value not greater than the estimated margin or
estimated amount of subsidy as aforesaid.
(5) Any provisional duty paid or security posted pursuant to
subsection (4) shall be returned to the importer –
(a) where the Commission causes the investigation to be terminated
pursuant to section 26(2) with respect to goods of that description;  or
(b) where the Commission makes, in relation to goods of that description,
a finding only to the effect that the dumping or subsidizing of those
goods is likely to cause material injury.
(6) Where any provisional duty is returned to an importer pursuant to
subsection (5), the importer shall be paid interest thereon at the prescribed rate or at
a rate determined in the prescribed manner in respect of each month or fraction of a
month between the time the duty was paid and the time it is returned.
16. (1) Anti-dumping duties (other than provisional duties) imposed in
respect of any goods under this Act –
(a) shall be paid by the importer of such goods upon being notified in
writing by the Commission that such duties are payable in respect of
those goods;
(b) shall be applied on a non-discriminatory basis on imports of such
goods from all sources found to have dumped goods and caused
injury, other than imports from those sources from which price
undertakings have been accepted pursuant to section 32.
(2) Any person who fails to pay any amount payable under subsection (1)
shall pay, in addition to that amount, interest at the prescribed rate or at a rate
determined in the prescribed manner, in respect of each month or fraction of a month
commencing thirty days after the date on which a notification referred to insubsection (1)(a) is served.G/ADP/N/1/JAM/2
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Return of duty
where finding setaside or rescindedor proceedings
terminated.
Exemption of
goods from
application of Act
Determination of
export price of
goods.
Export price
whereinformation not
available.17. Where –
(a) pursuant to an application under section 33 a finding described in any
of sections 12 to 15 –
(i) is set aside or rescinded;  or(ii) is set aside or rescinded in relation to particular goods;  or
(b) all proceedings under this Act in respect of the dumping or
subsidizing of all or any of the goods to which such a finding appliesare subsequently terminated as described in section 26,
any duty paid or payable under this Act on goods imported into Jamaica that are of
the same description as goods to which the finding relates shall cease to be payable
or be refunded to the importer forthwith after the finding is so set aside or rescindedor proceedings are so terminated.
18. The Minister may, after consultation with the Minister responsible for
finance, make regulations subject to affirmative resolution exempting any goods or
class of goods from the application of this Act.
19. The export price of goods sold to an importer in Jamaica, notwithstanding
any invoice or affidavit to the contrary, is an amount equal to the lesser of –
(a) the exporter's sale price for the goods, adjusted by deducting
therefrom –
(i) the costs, charges and expenses incurred on sales of like goods
for use in the country of export;
(ii) any duty or tax imposed on the goods by or pursuant to a law of
Jamaica to the extent that the duty or tax is paid by or on behalfor at the request of, the exporter;  and
(iii) all other costs, charges  and expenses resulting from the
exportation of the goods, or arising from their shipment, from
the country of origin or country of export, as the case may be;and
(b) the price at which the importer has purchased or agreed to purchase
the goods, adjusted by deducting therefrom all costs, charges,
expenses, duties and taxes described in paragraph (a).
20. (1) Where, in the opinion of the Commission, sufficient information has
not been furnished or is not available to enable the determination of the export price,
that price shall be determined in such manner as the Minister may prescribe.
(2) Where goods are or are to be shipped to Jamaica and there is no
known purchaser in Jamaica of the goods, export price of the goods shall be
determined in such manner as the Commission may specify.G/ADP/N/1/JAM/2
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Export price
where goods areexported throughanother country.
Investigation of
receipt of
complaint
Procedures re-
investigation
complaint.21. (1) Where goods are exported to Jamaica from one country but pass in
transit through another country, the export price of the goods shall, subject to such
terms and conditions as are prescribed as to shipment, documentation, warehousing,
transhipment or the like, be determined as if the goods were shipped directly toJamaica from the first mentioned country.
(2) Where any goods are or are to be shipped indirectly to Jamaica from
the country of origin through one or more other countries, the export price of the
goods shall, notwithstanding any other provision of this Act, be determined as if the
goods were or were to be shipped directly to Jamaica from the country of origin.
22. (1) Subject to this section, where the Commission receives a written
complaint in respect of the dumping or subsidizing of goods, the Commission shall,
within forty-five days after receipt of such  complaint, carry out an investigation into
the matter if the Commission is satisfied that –
(a) the complaint is properly documented;
(b) there is evidence that the goods have been or are being dumped or
subsidized;  and
(c) the evidence discloses a reasonable indication that the dumping or
subsidizing of the goods has caused, is causing or is likely to cause
material injury.
(2) The Commission shall not carry out an investigation pursuant to
subsection (1) unless the Commission has determined, on the basis of an
examination of the degree of support for, or opposition to, the application expressed
by the domestic producers of like goods, that the complaint has been made  by and
on behalf of those producers.
(3) For the purposes of subsection (2), the complaint shall be considered
to have been made by or on behalf of the domestic producers if it is supported bythose domestic producers whose collective output constitutes more than fifty per
cent of the total production of the like goods produced by that portion of the
domestic industry expressing either support for or opposition to the complaint.
(4) An investigation shall be initiated where the domestic producers
expressly supporting the complaint pursuant to subsection (2) account for more than
twenty-five per cent of total production of like goods produced by the domestic
industry.
23. (1) Where the Commission receives a written complaint or intends to
initiate an investigation in respect of the dumping or subsidizing of goods, the
Commission shall, in writing, within forty-five days thereafter –
(a) where the complaint is properly documented, inform the complainant,
and, in the case of subsidized goods, the government of the country ofexport, that the complaint was received and that it is properly
documented;  orG/ADP/N/1/JAM/2
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Page 16
Where
Commission
decides not to
initiateinvestigation.
Notice of
intention to
commenceinvestigation.
Termination of
investigation.(b) where the complaint is not properly documented, inform the
complainant that the complaint was received and that additional
information and material are needed.
(2) For the purposes of subsection (1), the date on which the Commission
receives the additional information and material referred to in subsection (1)(b) shall
be deemed to be the date on which the complaint was received.
24. Where, after receipt of a properly documented written complaint in respect
of the dumping or subsidizing of goods the Commission decides not to conduct an
investigation in respect of some or all of the goods specified in the complaint, theCommission shall give written notice of its decision setting out the reasons therefor,
to the complainant and, in the case of the subsidized goods, to the government of the
country of export.
25. (1) Where the Commission decides to proceed with an investigation in
respect of the dumping or subsidizing of goods –
(a) the Commission shall give notice of that decision to –
(i) the Minister;  and(ii) the exporter, the importer, the government of the country of
export, the complainant (if any), and such other person as may
be prescribed;  and
(b) a copy of the notice shall be published in the Gazette  and in a daily
newspaper circulating in Jamaica.
(2) A notice given under subsection (1) shall –(a) specify the goods being investigated;
(b) specify the country or countries in which the goods originated or from
which they are exported;
(c) give a summary of the information received;
(d) invite representations regarding the investigation to be made to the
Commission;
(e) specify a period within which interested parties may present their
views in writing to the Commission or make arrangements with theCommission to be heard, which period shall, in the case of an
exporter of or the government or person giving a subsidy affecting the
goods in question, be not less than thirty days from the
commencement of the investigation.
26. (1) Where at any time before making a preliminary determination in an
investigation relating to the dumping or subsidizing of goods –G/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
Page 17
Preliminary
determination ofdumping orsubsidizing(a) the Commission is satisfied, in respect of some or all of those goods that –
(i) there is insufficient evidence of dumping to justify proceeding
with the investigation in relation thereto;  or
(ii) the margin of dumping is de minimis  or that the volume of
dumped imports actual or potential, or the injury, is negligible;
(b) the Commission comes to the conclusion, in respect of some or all of
those goods, that the evidence does not disclose a reasonable
indication that the dumping or subsidizing thereof has caused or islikely to cause material injury,
the Commission shall act in accordance with subsection (2).
(2) The Commission shall –(a) cause the investigation to be terminated with respect to the goods in
respect of which it is satisfied as mentioned in subsection (1)(a) or
has come to the conclusion referred to in subsection (1)(b);  and
(b) cause notice of the termination to be given and published as
provided in section 25.
(3) For the purposes of subsection (1) –
(a) the margin of dumping shall be considered to be de minimis  if it is
less than two per cent, expressed as a percentage of the export price;
(b) the volume of dumped imports shall normally be regarded as
negligible if the volume of dumped imports from a particular
country is found to account for less than three per cent of imports of
the like product in Jamaica, unless countries which individuallyaccount for less than three per cent of imports of the like products
collectively account for more than seven per cent of imports of the
like product.
27. (1) Subject to sections 31 and 32, within ninety days after the
commencement of an investigation relating to the dumping or subsidizing of goods,
the Commission shall, in accordance with subsection (2), make a preliminary
determination of dumping or subsidizing with respect to the goods in respect of
which the investigation has not been terminated pursuant to section 26.
(2) The Commission shall make the preliminary determination after
estimating and specifying, in relation to each importer of goods in respect of which
the investigation is made, as follows –
(a) in the case of dumped goods –G/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
Page 18
Notice of
preliminarydetermination
Extension of
time.(i) estimating the margin of dumping of the goods to which the
preliminary determination applies using the information
available to the Commission at the time the estimate is made;
and
(ii) specifying the goods to which the preliminary determination
applies;
(b) in the case of subsidized goods –
(i) estimating the amount of the subsidy on the goods to which the
preliminary determination applies using the information
available to the Commission at the time the estimate is made;
and
(ii) specifying the goods to which the preliminary determination
applies;  and
(iii) subject to subsection (2), where the whole or any part of the
subsidy on the goods to which the preliminary determination
applies is an export subsidy, specifying that there is an exportsubsidy on the goods and estimating the amount of the export
subsidy thereon;  and
(c) in the case of dumped or subsidized goods, specifying the name of the
person who, on the information available to the Commission at thetime it makes the estimate referred to in paragraph (a)(i) or (b)(i), as
the case may be, the Commission believes to be the importer in
Jamaica of the goods.
28. Where the Commission makes a preliminary determination of dumping or
subsidizing in respect of goods, the Commission shall –
(a) publish notice of its determination as provided in section 25;
(b) give written notice of its determination to the Minister, stating the
reasons therefor, together with such other material relating to the
determination as may be necessary.
29. (1) In any investigation relating to the dumping or subsidizing of goods,
the Commission, before the expiration of the ninety days referred to in section 27,
shall given written notice to the Minister, the persons and the government referred to
in section 25 that, by reason of the matters specified in subsection (2), the decisionreferred to in paragraph (d) of that subsection will not be made within the period of
ninety days as aforesaid and that the period of ninety days is extended to one
hundred and thirty-five days.
(2) The matters referred to in subsection (1) are –(a) the complexity or novelty of the issues presented by the investigation;G/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
Page 19
Final
determination ortermination
Action on final
determination ordecision referred
back by Court.(b) the variety of goods or number of persons involved in the
investigation;
(c) the difficulty of obtaining satisfactory evidence in the investigation;(d) any other circumstances specified in the notice that, in the opinion of
the Commission, makes it unusually difficult for the Commission to
decide within the ninety days whether to terminate the investigation
with respect to some or all of the goods or proceed in accordance with
section 26(1) or accept an undertaking.
30. (1) Within ninety days after making a preliminary determination of
dumping or subsidizing in respect of goods, the Commission shall make a final
determination of the matter –
(a) upon being satisfied, in relation to each importation of the goods, that
the conditions specified in subsection (2) apply;  and
(b) after taking action in accordance with subsection (3).(2) The conditions mentioned in subsection (1)(a) are that –(a) the goods have been or are being dumped or subsidized;  and(b) neither the margin of dumping  of or the amount of the subsidy on the
goods, nor the actual or potential volume of dumped or subsidizedgoods is negligible.
(3) The Commission shall specify in relation to each importation the
following –
(a) in the case of dumped goods, the goods to which the determination
applies and the margin of dumping of the goods;
(b) in the case of subsidized goods –
(i) the goods to which the determination applies;
(ii) the amount of the subsidy on the goods;  and
(iii) where the whole or any part of the subsidy is an export subsidy,
the amount of the export subsidy on the goods.
(4) Where the Commission makes a final determination of dumping or
subsidizing, the Commission shall notify the Minister accordingly and shall cause
notice of such determination to be published as provided in section 25.
31. (1) Where a final determination under section 30 (1) is set aside and the
matter referred back to the Commission on an application under section 34, the
Commission shall –
(a) reconsider the matter and make a new final determination;  andG/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
Page 20
Acceptance of
undertaking(b) cause notice of the action taken pursuant to paragraph (a) to be given
and published as provided in section 25.
(2) Where a final determination under section 30 (1) is referred back to
the Commission pursuant to an order under section 33 the Commission shall –
(a) reconsider the final determination and confirm or rescind it or, in the
case of a final determination, vary it;  and
(b) cause notice of the action taken pursuant to paragraph (a) to be given
and published as provided in section 25.
(3) Where the Commission reconsiders a matter involving a final
determination pursuant to subsection (1) or reconsiders and rescinds a final
determination pursuant to subsection (2), section 30 shall again apply in respect ofthe goods to which the final determination applied as if that section had not
previously applied in respect of those goods, so, however, that the action that the
Commission is required by that section to take shall, notwithstanding anything
therein, be taken by the Commission within such period as is specified by the
Supreme Court.
32. (1) Subject to subsection (2), the Commission may,  in any investigation
relating to the dumping or subsidizing of goods, accept an undertaking with respect
to dumped or subsidized goods where it is of the opinion that observance of the
undertaking will eliminate –
(a) the margin of dumping of or of the subsidy on the goods –
(i) where the undertaking is given by an exporter, if they are sold
by the exporter to importers in Jamaica;  and
(ii) where the undertaking is given by the government of a country
from which the goods are exported to Jamaica, if they are
exported to Jamaica from that country pursuant to sales thereof
by exporters to importers in Jamaica;  or
(b) any material injury that is being or is likely to be caused by the
dumping or subsidizing.
(2) The Commission shall not accept an undertaking with respect to
dumped or subsidized goods –
(a) unless it is of the opinion that observance of the undertaking will not
cause –
(i) where the undertaking is given by an exporter, the price at
which the goods are sold to importers in Jamaica by theexporter;  orG/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
Page 21
Application for
judicial review.
Grounds of
application for
review.
Regulations.
Repeal of
Customs Duties(Dumping and
Subsidies) Act.(ii) where the undertaking is given by the government of a country,
the price at which the goods will be sold to importers in
Jamaica when exported to Jamaica from that country,
to increase by an amount which is not less than the estimated margin
of dumping of the goods or the estimated amount of the subsidy
thereon;
(b) where it has made a preliminary determination of dumping or
subsidizing with respect to the goods;  or
(c) where it is of the opinion that it would not be practicable to
administer the undertaking.
(3) The Commission shall, where practicable provide to the exporter the
reasons which have led it to consider acceptance of an undertaking as inappropriateand shall, to the extent possible, give the exporter an opportunity to make comments
thereon.
33. An application may be made to the Supreme Court to review and set aside –
(a) a final determination of the Commission under section 30;
(b) a decision of the Commission under section 31 to review or not
review an undertaking;
(c) any order, finding, ruling or determination of the Commission.
34. (1) An application under section 33 may be made on the grounds that the
Commission has –
(a) failed to observe a principle of natural justice or otherwise acted
beyond or refused to exercise the jurisdiction of the Commission;
(b) erred in law in making the determination, order or finding, whether or
not the error appears on the face of the record;  or
(c) based on the determination, order or finding or an erroneous finding
of fact that was made in perverse or capricious manner or without
regard to the material before the Commission.
(2) An application may be made under this section by any person directly
affected by the determination, or finding.
35. The Minister may make regulations subject to affirmative resolution
generally for giving effect to the provisions of this Act.
36. The Customs Duties (Dumping and Subsidies) Act is hereby repealed.G/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
Page 22
Constitution of
the Board.
Temporary
appointment.
Chairman.
Tenure of
office.
Resignation.
Publication of
membership.
Seal and
execution ofdocuments.
Procedure and
meetings.                                                  SCHEDULE                                             (Section 3)
1. The Commission shall consist of a chairman and four other members
appointed by the Minister.
2. The Minister may appoint any person to act temporarily in the place of any
member of the Commission in the case of the absence or inability to act of such
member.
3. (1) The Minister shall appoint such person as he considers suitably
qualified to be Chairman of the Commission.
(2) In the case of the absence or in ability to act of the Chairman, the
Minister may appoint any other member to perform the functions of the Chairman.
4. (1) The appointment of every member of the Commission shall be
evidenced by instrument in writing, and such instrument shall state the period of
office of the member, which shall not exceed three years.
(2) Every member of the Commission shall be eligible for
reappointment.
(3) The Minister may at any time revoke the appointment of any
member of the Commission if he thinks it expedient to do so.
5. (1) Any member of the Commission other than the Chairman may at
any time resign his office by instrument in writing addressed to the Minister and
transmitted through the Chairman, and from the date of the receipt by the Ministerof such instrument such member shall cease to be a member of the Commission.
(2) The Chairman may at any time resign his office by instrument in
writing addressed to the Minister and such resignation shall take effect from thedate of the receipt by the Minister of such instrument.
6. The names of all members of the Commission as first constituted and every
change in the membership thereof shall be published in the Gazette .
7. (1) The Seal of the Commission shall be kept in the custody of the
Chairman or any officer of the Commission authorized by the Commission in thatbehalf, and shall be affixed to instruments pursuant to a resolution of theCommission, in the presence of  the Chairman or any other member of the
Commission authorized to act in that behalf, and the secretary thereof.
(2) The Seal of the Commission shall be authenticated by the signature
of the Chairman.
(3) All documents other than those referred by law to be under seal,
made by, and all decisions of the Commission may be signified under the hand ofthe Chairman and any other member or officer of the Commission authorized to act
in that behalf.
8. (1) The Commission shall meet at such times as may be necessary or
expedient for the transaction of its business, and such meetings shall be held at such
places and times and on such days as the Commission shall determine.
(2) The Chairman may at any time call a special meeting of the
Commission and shall call a special meeting to be held within seven days of a
written request for that purpose address to him by any two members of the
Commission.G/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
Page 23
Expenses of the
Commission.
Disclosure of
financialinterest.
Protection of
members.
Report to
Minister.
Delegation.
Remuneration
of members.
Chairman or
member of the
Commission not
public office.(3) The Chairman shall preside at all meetings of the Commission at
which he is present and in the case of the Chairman's absence from any meeting.,the members present forming a quorum shall elect one of their number to preside atthe meeting.
(4) The decision of the Commission shall be by a majority of votes and,
in addition to an original vote, the Chairman or other person presiding at a meetingshall have a casting vote in any case in which the voting is equal.
(5) Minutes in proper form of each  meeting of the Commission shall be
kept.
(6) The quorum of the Commission shall be [three].
(7) Subject to the provisions of th is Act the Commission may regulate
its own proceedings.
(8) The validity of any proceedings of the Commission shall not be
affected by any vacancy amongst the members thereof or by any defect in theappointment of a member thereof.
9. The expenses of the Commission shall be defrayed out of sums provided
for the purposes of the Commission by Parliament.
10. A member of the Commission who is interested in any company or
undertaking which is an interested party in any pro ceedings before the Commission
shall disclose to the Commission the fact and nature of his interest and shall nottake part in any deliberation or decision of the Commission relating to such matterand such disclosure shall be recorded in the records of the Commission.
11. (1) No action, suit, prosecution or other proceedings shall be brought or
instituted personally against any member of the Commission in respect of any actdone bone fide in  pursuance or execution or intended execution of the Commission's
functions under this Act.
(2) Where any member of the Commission is exempt from liability by
reason only of the provisions of this paragraph, the chairman shall be liable to the
extent that it would be if the member were a servant or agent of the Commission.
12. The Commission shall furnish the Minister with such report and other
information as he may require from time to  time with respect to the activities of the
Commission.
13. (1) Subject to the provisions of this Act the Commission may delegate
to any member or committee of the Commission the power and authority to carry
out such functions of the Commission as the Commission may determine.
(2) Every delegation under this paragraph shall be revocable by the
Commission and no delegation shall prevent the exercise by the Commission of any
function delegated.
14. There shall be paid from the funds of the Commission to the Chairman and
other members of the Commission such remuneration whether by way of
honorarium, salary or fees, and such allowances as the Minister may determine.
15. The office of Chairman or member of the Commission shall not be a public
office for the purpose of Chapter V of the Constitution of Jamaica.G/ADP/N/1/JAM/2
G/SCM/N/1/JAM/2
Page 24
Passed in the House of Representatives this 23rd day of February 1999, with
eighty-eight (88) amendments.
VIOLET NEILSON
Speaker.
Passed in the Senate this 26th day of March 1999.
SYRINGA MARSHALL-BURNETT, C.D.
President.
This printed impression has been carefully
compared by me with the authenticated impression
of the foregoing Act, and has been found by me to
 be a true and correct printed copy of the said Act.
                       (Signed)
       Clerk to the Houses of Parliament
__________