WORLD TRADE
ORGANIZATIONG/ADP/N/1/PAK/2
23 January 2002
(02-0341)
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.G/ADP/N/1/PAK/2
Page 2
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 Sena te 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:-G/ADP/N/1/PAK/2
Page 3
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 “domesticindustry” 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;G/ADP/N/1/PAK/2
Page 4
(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 investigatedproduct;
(n) “normal value” means normal value determin ed 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.G/ADP/N/1/PAK/2
Page 5
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 comparableprice 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;  orG/ADP/N/1/PAK/2
Page 6
(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 thedetermination 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 thatsuch 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 providingfor 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 thegenerally 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 theordinary course of trade of a like product for consumption in an exporting country by any exporter or
producer under investigation:G/ADP/N/1/PAK/2
Page 7
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 thesame 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-recurr ing 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 mostrecent 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 –G/ADP/N/1/PAK/2
Page 8
(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, theCommission 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) ofsection 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.G/ADP/N/1/PAK/2
Page 9
(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 onthe 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 exchangerates 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 arestatistically 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.G/ADP/N/1/PAK/2
Page 10
(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 Comm ission 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 itconsiders 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 maybe 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.G/ADP/N/1/PAK/2
Page 11
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.G/ADP/N/1/PAK/2
Page 12
(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 injurythe 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;G/ADP/N/1/PAK/2
Page 13
(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 applic ation 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 eith er 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 info rmation 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 theexporting 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 ofthe 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 totalproduction of a domestic like product produced by domestic industry.G/ADP/N/1/PAK/2
Page 14
(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’sexports 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 init iate such investigation until the Federal
Government has requested and received approval fo r 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 investigati on 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:G/ADP/N/1/PAK/2
Page 15
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 informati on 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 whomthe 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 k eeping the information confidential is not warranted.G/ADP/N/1/PAK/2
Page 16
(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 part y 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 confid ential 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 orinstrumentality of the Federal Government or a Pr ovincial 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 confidenti al 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 ofthe best information available.
(2) The provisions of the Schedule to this Or dinance 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.G/ADP/N/1/PAK/2
Page 17
(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 anyhearing, 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 asmay 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 informa tion 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.G/ADP/N/1/PAK/2
Page 18
(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.G/ADP/N/1/PAK/2
Page 19
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 providedfor 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 an d conclusions reached on all issues of fact and law
considered material by the Commission including the matters of fact and law which have led toarguments 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 newspaperin the Urdu language having wide circulation in Pakistan.G/ADP/N/1/PAK/2
Page 20
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 theCommission 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, theG/ADP/N/1/PAK/2
Page 21
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 notaccept an invitation to do so, shall not prejudice consideration of the case by the Commission:
Provided that in such circumstances the Commissi on 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 dateof final determination as set forth in a notice of in itiation 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 undertakingaccepted, 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 proposedG/ADP/N/1/PAK/2
Page 22
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 priceundertaking 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 contin ue 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 theCommission.
(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 productsimported 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);  orG/ADP/N/1/PAK/2
Page 23
(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 Commissionshall 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 circumstancesreferred 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 fr om any exporter or producer not included in an
examination who has provided the necessary info rmation 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 withsection 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 buyerdue 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 isG/ADP/N/1/PAK/2
Page 24
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 namefor 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 Commissiondetermines, 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 provisionalmeasures, 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 preliminarydetermination 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.G/ADP/N/1/PAK/2
Page 25
(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 shallbe refunded by the Commission within fo rty-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 se ction 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 theofficial 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 c oncerned, that the expiry of such anti-dumping duty
would be likely to lead to continuation or recurr ence 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 sufficientinformation to enable the Commission to calculate export price and normal value of a product in
question.G/ADP/N/1/PAK/2
Page 26
(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 la nguage 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 necessa ry 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 theCommission 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 init iated 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 mont hs 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 evidenceG/ADP/N/1/PAK/2
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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 jurisdictionpursuant 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 th e 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 Appe llate 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 Commissionwas proper and whether the Commission’s evalua tion 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 ofG/ADP/N/1/PAK/2
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the Commission subject to the condition that the Appe llate 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 ofreceipt of an appeal compliant with the requiremen ts 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 thecase.
(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 determinationG/ADP/N/1/PAK/2
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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, includingG/ADP/N/1/PAK/2
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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 thisOrdinance 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 ex ecuted 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 lawas 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 informatio n 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.G/ADP/N/1/PAK/2
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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 computersystem 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 additiona l 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 itwould 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 inany 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, theCommission shall, where practicable, check the info rmation 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 re levant 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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