WORLD TRADE
ORGANIZATIONG/ADP/N/1/ZWE/2/Suppl.1
G/SCM/N/1/ZWE/2/Suppl.1
15 November 2002
(02-6344)
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
ZIMBABWE
Supplement
The following communication, dated 5 November 2002, has been received from the Permanent
Mission of Zimbabwe.
_______________
Statutory Instrument 266 of 2002
[CAP. 7/96
Competition (Anti-Dumping and Countervailing Duty)
(Investigation) Regulations, 2002
________________________________________________________________________________
ARRANGEMENT OF SECTIONS
Part I
PRELIMINARY
Section
1. Title
2. Interpretation
Part II
COUNTERVAILING DUTIES
3. Imposition of countervailing duties
4. Initiation of investigation
5. Consultations with interested foreign governments
6. Duration of investigation
7. Preliminary determination of subsidy and prejudice
8. Provisional measures
9. Final determination of subsidy and prejudice
10. Termination of investigationG/ADP/N/1/ZWE/2/Suppl.1
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11. Suspension of investigation
12. Review by Minister
13. Review by Administrative Court
Part III
ANTI-DUMPING DUTIES
14. Imposition of anti-dumping duties
15. Normal value16. Export price
17. Comparison of normal value and export price
18. Subject products from non-market economy country
19. Initiation of investigation
20. Duration of investigation21. Preliminary determination of dumping and prejudice
22. Provisional measures
23. Final determination of dumping and prejudice
24. Termination of investigation
25. Suspension of investigation26. Review by the Minister
27. Review by Administrative Court
Part IV
ADMINISTRATION
28. Administrative matters
29. Delegation
Part V
GENERAL
30. Currency conversion
31. Notice of information and opportunities to present evidence
32. Submission of confidential information
33. Directions by Minister
34. Facts available
35. Other practices discovered during investigation or review36. Conduct of investigation where no international obligation
37. Transhipment
38. Double counting not permitted
39. Obligation of secrecy
40. RepealsG/ADP/N/1/ZWE/2/Suppl.1
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IT is hereby notified that the Minister of Industry and International Trade has, in terms of
section 50 of the Competition Act, 1996 (No. 7 of 1996), made the following regulations:-
Part I
PRELIMINARY
Title
1. These regulations may be cited as the Co mpetition (Anti-Dumping and Countervailing
Duties) (Investigation) Regulations, 2002.
Interpretation
2. In these regulations –
"Agreement on Agriculture" means the agreement by that name set out in Annex 1A to the
World Trade Organization Agreement;
"Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade
1994" means the agreement by that name set out in Annex 1A to the World Trade
Organization Agreement;
"Agreement on Subsidies and Countervailing Measures" means the agreement by that name
set out in Annex 1A to the World Trade Organization Agreement;
"anti-dumping duty investigation" means an investigation by the Commission with a view to
determine whether the imposition of an anti-dumping duty is appropriate in the circumstances
of the case;
"the Commission" means the Competition and Tariff Commission  established in terms of
section 4 of the Act;
"country" includes a customs union territory;"countervailing duty investigation" means an investigation by the Commission with a view to
determine whether the imposition of a countervailing duty would be appropriate in thecircumstances of the case;
"domestic industry" means –(a) domestic producers of like products;  or(b) the domestic producers whose collective output of like products constitutes a major
proportion of the total domestic production of those products;
but shall not, subject to Part II, include domestic producers who are related to the exporters or
importers, or are themselves importers of the subject products;
"dumping margin" means the amount by which the normal value of the subject products
exceeds the export price;G/ADP/N/1/ZWE/2/Suppl.1
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"export price" means the export price of the subject products as determined in accordance
with section 16;
"exporting country" means –
(a) the country of export of the subject products;  or(b) where the subject products are not exported directly to Zimbabwe but are transhipped
without substantial transformation through an intermediate country, the country of
origin of the subject products;
"General Agreement on Tariffs and Trade 1994" means the agreement by that name whose
parts are described in Annex 1A to the World Trade Organization Agreement;
"interested party" in relation to subject products, means –(a) a producer, exporter or importer of the subject products;(b) a trade or business association of which a majority of its members are producers,
exporters or importers of the subject products;
(c) the government of a country in which the subject products are produced or from
which they are exported;
(d) a producer of the like products in Zimbabwe;(e) a trade or business association of which a minority of its members, produce the like
products in Zimbabwe;  or
(f) any other person the Minister considers appropriate;"like products" in relation to subject products, means any products which the Minister
determines as being identical in all respects to  the subject products or any products which the
Minister determines to have characteristics closely resembling those of the subject products;
"non-market economy country" means any foreign country the government of which has a
complete or substantially complete monopoly of its trade and where domestic prices are fixedby the government of the foreign country;
"normal value" in relation to subject products, means the normal value of any subject
products as determined in accordance with section 15 or 18;
"producer" means such producer, manufacturer or processor as may be prescribed;
"provisional measures" means –(a) in relation to Part II, the requirement to pay the duty or furnish a security equal to the
estimated subsidy found in the preliminary determination;  and
(b) in relation to Part III, the requirement to pay the provisional duty or furnish a security
equal to the estimated dumping margin found in preliminary determination;G/ADP/N/1/ZWE/2/Suppl.1
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"subject products" means the products imported, or sold for importation into Zimbabwe that
are the subject of any countervailing or anti-dumping duty investigation or review under these
regulations;
"undertakings" means such undertakings as may be prescribed;"World Trade Organization Agreement" means the Marrakesh Agreement Establishing the
World Trade Organization concluded at Marrakesh on 15 April 1994;
"subsidy", in relation to products that are imported into Zimbabwe means a benefit received
or conferred in connection with such pr oducts in any of the following forms –
(a) a financial contribution by a government or public body of the country of export that
is made in connection with the growth, production, manufacture or exportation of
those products that involves –
(i) a direct transfer of funds from that government or public body;(ii) a potential direct transfer of funds or liabilities from that government or public
body;
(iii) the foregoing, or non-collection of revenue (other than an allowance,
exemption or remission) due to that government or public body;
(iv) the provision by that government or public body of products or services
otherwise than in the course of providing normal infrastructure;  or
(v) the purchase by that government or public body of products;  or
(b) 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
public body in the country of export;
but shall not include any government action that satisfies the conditions described in
footnote 1 of the Agreement on Subsidies and Countervailing Measures.
(2)  Subject to subsection (4), a subsidy shall be countervailable if the receipt of the benefit is,
in law or in fact –
(a) specific to an enterprise or industry or group of enterprises or industries within the
jurisdiction of the granting authority;  or
(b) contingent upon -
(i) export performance;(ii) the use of domestic over imported products;  or
(iii) location in a designated geographic region within the jurisdiction of the
granting authority.G/ADP/N/1/ZWE/2/Suppl.1
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(3)  A subsidy shall not be countervailable if the Minister determines that –
(a) the Government action satisfies the conditions described in paragraph (a), (b) or (c) or
Article 8.2 of the Agreement on Subsidies and Countervailing Measures;
(b) the Government action has been notified in accordance with Article 8.3 of the
Agreement on Subsidies and Countervailing Measures and there has been no
determination by the Committee on Subsidies and Countervailing Measures or an
arbitral body under Article 8.4 or 8.5 of that Agreement that the action does not
satisfy the criteria in Article 8.2 of that Agreement;  or
(c) the Government action is a domestic support measure that meets the criteria or
conditions set out in Annex 2 to the Agreement on Agriculture.
(4)  The amount of countervailable subsidy shall be calculated in the prescribed manner.
(5)  For the purposes of these regulations –
(a) parties shall be deemed to be related if –
(i) one of them, directly or indirectly, controls the other;(ii) both of them are, directly or indirectly controlled by a third party;  or(iii) together they, directly or indirectly, control a third party:
Provided that one party shall be deemed to co ntrol another when the first-mentioned party is
legally or operationally in a position to exercise restraint or direction over the latter.
Part II
COUNTERVAILING DUTIES
Imposition of countervailing duties
3. (1)  The Minister may on the evidence furnished by the Commission after completing an
investigation recommend the imposition by the Minister responsible for finance of a countervailingduty on an subject imported into Zimbabwe where he determines –
(a) that a subsidy is being provided with respect to the subject products;  and(b) that –
(i) the subject products are, through the effects of subsidy, causing or threatening
to cause material prejudice to the domestic industry in Zimbabwe producing
like products;  or
(ii) the subject products are, through the effects of the subsidy, materially
impending the establishment of any domestic industry for like products in
Zimbabwe.G/ADP/N/1/ZWE/2/Suppl.1
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(2)  In recommending the imposition of a countervailing duty the Minister shall specify the
amount of duty –
(a) equal to the amount of countervailable subsidy determined by the Commission to
have been provided with respect to the subject products;  or
(b) an amount less than that referred to in paragraph (a) if the Minister determines that
such a lower duty is sufficient to eliminate the prejudice in the particular case.
(3)  In determining whether or not any subject products occasion prejudice or potential
prejudice to any domestic industry as defined in paragraph (b) of subsection (1) the Commission mustbe satisfied that there is a causal link between the subject products and the prejudice or potential
prejudice complained of.
(3)  For purposes of this section –
(a) it must be demonstrated that the subject products are causing prejudice within the
meaning of these regulations;
(b) the demonstration of a causal relationship between the subject products and the injury
to the domestic industry shall be based on an examination of all relevant evidencebefore the Commission;
(c) the Commission shall also examine any known factors other than the subject products
which at the same time are prejudicing the domestic industry.
(4)  Where the country of origin of the subject products is a non-market economy country, the
countervailable subsidy and countervailing duty shall be determined in the prescribed manner.
Initiation of countervailing duty investigation
4. (1)  Any person may, on his own initiative or on behalf of a domestic industry producing like
products submit a written petition to the Commission requesting that a countervailing dutyinvestigation be initiated with regard to products imported, or likely to be imported, into Zimbabwe.
(2)  A petition shall be in such form as may be prescribed by the Minister and shall include
evidence of each of the elements specified in subsection (1) of section 3 and such other evidence that
may be relevant or reasonably required by the Minister or the Commission.
(3)  The Commission shall, within the period prescribed, review the petition and other
available information and determine whether –
(a) sufficient evidence to warrant the initiation of an investigation into whether the
elements necessary for the imposition of countervailing duty as provided under
subsection (1) of section 3 exists;  and
(b) such an investigation is in the public interest.
(4)  Where the Commission determines that suff icient evidence does not exist to warrant the
initiation of a countervailing duty investigation or that such an investigation is not in the public
interest, the Commission shall as soon as practicable notify the petitioner of its determination.G/ADP/N/1/ZWE/2/Suppl.1
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(5)  Where the Commission determines that suffic ient evidence exists to warrant the initiation
of a countervailing duty investigation and that such  an investigation is in the public interest, the
Commission shall notify the appropriate interested parties and publish a notice of initiation of
investigation in the Gazette .
(6)  The Commission may, in special circumstances, initiate a countervailing duty
investigation on its own accord where, in relation to any products imported or likely to be imported
into Zimbabwe, it has sufficient evidence of ea ch of the elements specified in subsection (1) of
section 3.
(7)  Where the Commission decides to initiate an investigation under subsection (6), it shall
notify the appropriate interested parties and publish a notice of initiation of investigation.
(8)  Notwithstanding this section, the Commission shall not initiate an investigation unless it
has determined on the basis of an examination of the degree of support for, or opposition to, any
written petition submitted under subsection (1) –
(a) that the written petition is supported by a domestic producer of like products whose
collective output constitutes more than 50 per centum  of the total production of the
like products produced by that portion of the domestic industry expressing either
support for or opposition to the written petition;  and
(b) that the domestic producers of like products expressly supporting the written petition
account for not less than 25 per centum  of the total production of the like products
produced by the domestic industry.
(9)  For the purposes of subsection (8), in the case of fragmented industries involving an
exceptionally large number of producers, the Commission may determine the support and opposition
by using statistically valid sampling techniques.
Consultations with interested foreign governments
5. (1)  The Commission shall immediately notify th e Minister that it has received a petition or
that it proposes on its own account to initiate a countervailing duty investigation, whereupon, the
Minister shall, if advised by the Commission that  sufficient evidence exists or appears to exist to
warrant an investigation, consult with interested foreign governments for the purposes of clarifying
matters relevant to the investigation and arriving at a mutually agreed solution.
(2)  The consultations shall not impede the conduct of the investigation.
Duration of investigation
6. All countervailing duty investigations shall, except in special circumstances, be concluded by
the Commission within one year, and in no case more than eighteen months after initiation.
Preliminary determination
7. (1)  The Commission shall, within such period as may be prescribed, make a preliminary
determination –
(a) whether a countervailable subsidy is being provided with respect to the subject
products, and the amount of such countervailable subsidy;  andG/ADP/N/1/ZWE/2/Suppl.1
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(b) whether –
(i) the subject products are, through the effects of the subsidy, causing or
threatening to cause material prejudice to the domestic industry in Zimbabwe
producing like products;
(ii) the subject products are, through the effects of the subsidy, materially impeding
the establishment of the domestic industry for the production of like products in
Zimbabwe.
(2)  If the Commission makes a negative preliminary determination under subsection (1), it
shall publish a notice stating the reasons therefor a nd may terminate the investigation if the Minister is
satisfied that there is insufficient evidence of either subsidization or of prejudice to justify proceeding
with the investigation.
(3)  If the Commission makes an affirmative preliminary determination under subsection (1),
it shall continue the investigation and publish a notice of –
(a) the affirmative preliminary determination stating the reasons for its determination
under subsection (1)(a) and (b);  and
(b) the provisional measures applicable.
Provisional measures
8. (1)  On or before the publication of the notice referred to in subsection (3) of section 7 the
Minister may, if he considers such measures necessary to prevent the injury referred to in
paragraph (b) of subsection (1) of section 7 from occurring during the period of investigation,
recommend to the Minister responsible for finance the imposition of provisional measures with regard
to the subject products imported into Zimbabwe.
(2)  Provisional measures shall not be imposed sooner than sixty days from the date of
initiation of the investigation.
(3)  Provisional measures shall take the form of a provisional duty or a security equal to the
amount of the estimated countervailable subsidy determined under subsection (1) of section 7.
(4)  The application of provisional measures shall, unless the Minister responsible for finance
specifies a longer period, lapse after a period of four months.
Final determination of subsidy and prejudice
9. (1)  The Commission shall, within such period as may be prescribed, make a final
determination regarding –
(a) whether a countervailable subsidy is being provided with respect to the subject
products, and the amount of such countervailable subsidy;  and
(b) whether -G/ADP/N/1/ZWE/2/Suppl.1
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(i) the subject products are, through the effects of the subsidy, causing or
threatening to cause material prejudice to the domestic industry in Zimbabwe
producing like products;  or
(ii) the subject products are, through the effects of the subsidy, materially
impending the establishment of the domestic industry for the production of like
products in Zimbabwe.
(2)  Where the Commission makes a negative final determination under subsection (1), it
shall –
(a) terminate the investigation;  and
(b) advise the termination any provisional measures applied under section 8 and notify
the Commissioner of Customs and Excise to release any security required by such
measures;  and
(c) publish a notice of the negative final determination stating the reasons therefor.(3)  Where the Commission makes an affirmative final determination under subsection (1) it
shall –
(a) publish a notice of the affirmative final determination stating -
(i) the reasons therefor;
(ii) the countervailing duties applicable;  and
(iii) the subject products on which the countervailing duties apply;
and(b) advise the Minister to recommend the imposition of countervailing duties in
accordance with subsection (2) of section 3 on the subject products imported into
Zimbabwe on or after the date of publication of the affirmative final determination;
and
(4)  Where an affirmative final determinatio n has been made, the Minister may take into
consideration the public interest in determining whether or not to accept the recommendation of the
Commission to request the Minister responsible for finance to impose countervailing duties and the
amount of such duties.
(5)  The Minister shall recommend the imposition of countervailing duties on the subject
products against which provisional measures were applied where the Commission –
(a) makes a determination of material prejudice under subparagraph (i) of subsection (1);
and
(b) makes a determination of threat of material prejudice under subparagraph (ii) of
paragraph (b) of subsection (1) and finds the import of the subject products, in the
absence of the provisional measures, would have led to a finding of material
prejudice under subparagraph (i) of paragraph (b) of subsection (1).G/ADP/N/1/ZWE/2/Suppl.1
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(6)  With respect to the imposition of any countervailing duty under subsection (5) –
(a) where the countervailing duty is higher than the provisional duty or the amount
guaranteed by the security required under the provisional measures, only the amount
equal to the provisional security given shall be imposed;  and
(b) where the countervailing duty is less than the provisional duty or the amount
guaranteed by the security required under the provisional measures, the full amount
of the countervailing duty shall be imposed and the excess provisional duty paid or
security given shall be reimbursed or released.
(7)  Where no countervailing duties are imposed under subsection (5) on the subject products
against which the provisional measures were applied, the Minister shall advise the Minister
responsible for finance to refund the provisional duty paid and release the security required by the
provisional measures.
(8)  Notwithstanding subsections (3) and (5), the Minister may, on the advice of the
Commission recommend the imposition of retroactive countervailing duties on the subject products
imported into Zimbabwe within a period of ninety days prior to the application of provisional
measures, but in no case earlier than the date of initiation of the investigation, if –
(a) the Minister finds prejudice that is difficult to repair;(b) such prejudice is being caused by massive imports of the subject products in a
relatively short period of time and the Minister considers the retroactive imposition ofduties necessary to preclude the recurrence of such prejudice;  and
(c) countervailable subsidies are being provided with respect to the subject products in a
manner inconsistent with the provision of the General Agreement on Tariffs and
Trade 1994, and the Agreement on Subsidies and Countervailing Measures.
(9)  When a countervailing duty is imposed on the subject products, such countervailing duty
shall, as provided in the regulations, be imposed in the appropriate amount on a non-discriminatory
basis on all imports of such products into Zimbabwe from the countries found to be subsidizing the
subject products.
Termination of investigation
10. (1)  Notwithstanding any other provisions of these regulations but subject to subsection (2),
an investigation may be terminated at any time when –
(a) the petitioner withdraws the petition;  or(b) the Minister determines that such termination is in the public interest.
(2)  An investigation shall be terminated immediately if the Commission determines that the
amount of countervailable subsidy is negligible or that the volume of subsidized imports, actual orpotential, or the prejudice, is negligible.
(3)  For the purpose of subsection (2) –G/ADP/N/1/ZWE/2/Suppl.1
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(a) the amount of countervailable subsidy shall be considered to be negligible if the
amount is less than the prescribed percentage, expressed as an ad valorem  percentage;
and
(b) the volume of subsidized imports shall be regarded as negligible if the volume of
subsidized imports from a particular country is found to account for less than the
prescribed percentage of the imports of the like products in Zimbabwe.
(4)  If a termination under subsection (1) or (2) occurs prior to the preliminary determination,
the Commission shall publish a notice of such termination stating the reasons therefor.
(5)  If a termination under subsection (1) or (2) occurs after the preliminary determination, the
Commission shall advise the Minister to –
(a) terminate any provisional measures applied and notify the Commissioner of Customs
and Excise to release the security required by such measures;  and
(b) publish a notice of such termination stating the reasons therefor.
Suspension of investigation
11. (1)  An investigation may be suspended after an affirmative preliminary determination and if
an undertaking acceptable to the commission is given by the person being investigated that the matters
leading to the initiation of the investigation will be remedied, the Commission may, with the approval
of the Minister, suspend the investigation.
(2)  Before accepting the undertaking and approving the suspension of the investigation, the
Minister shall determine that such undertakings –
(a) will eliminate the countervailable subsid y or the injurious effects caused by the
subject products;
(b) can be monitored effectively;  and(c) are in the public interest.(3)  If the undertakings are accepted by the Minister, which undertakings shall be accepted
only after an affirmative preliminary determination, the Minister shall –
(a) request the Commission to suspend the investigation;(b) suspend any provisional measures applied under section 8 and refund the provisional
duty paid and release the security required by such measures, as the Minister maythink appropriate;  and
(c) publish a notice stating the reasons for the suspension of the investigation and the
actions under paragraph (b).
(4)  Notwithstanding the acceptance of the unde rtakings, the investigation shall be completed
upon the written request of the interested foreign government or if the Minister so decides.G/ADP/N/1/ZWE/2/Suppl.1
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(5)  Where the Minister completes the investigation under subsection (4) or for any other
reason, and makes an affirmative final determination, the undertakings shall remain in effect subject
to the provisions of this Act.
(6)  Where the Minister completes the investigation under subsection (4) or for any other
reason, and makes a negative determination, the undertakings shall lapse, except in circumstances
referred to in subsection (7).
(7)  Where the negative determination referred to  in subsection (6) is due to the existence of
the undertakings, the undertakings may be maintained subject to the provisions of these regulations.
(8)  The Minister may take any action referred to in subsection (9) or (10) at any time if he
determines that –
(a) the undertakings accepted under subsection (1) no longer meet the requirements of
subsection (2);  or
(b) there is a material violation of the undertakings.(9)  Where an investigation has not been completed despite subsection (4), the Minister may
request the Commission to resume the investigation and take expeditious action to –
(a) make a preliminary determination under section 7;(b) recommend provisional measures in conformity with section 8 if appropriate; and
(c) make a final determination in terms of section 9 within the prescribed period after the
publication of the preliminary determination.
(10)  Where an investigation has been completed in terms of subsection (5), the Minister may
forthwith issue a final determination in terms of section 9 and recommend the collection of the
countervailing duties applicable.
(11)  The Minister may use the facts available with respect to any determination referred to
subsection (9) where a material violation of the undertakings occurs.
(12)  Where the Commission resumes an investigation under paragraph (b) of subsection (8),
the Minister may recommend the imposition of countervailing duties in terms of section 9 on thesubject products imported into Zimbabwe within a period of ninety days prior to the provisional
measures applied under paragraph (b) of subsection (9).
(13)  No retroactive assessment under subsection (12) shall be applied to the subject products
imported prior to the violation of the undertakings.
Review by Minister
12. (1)  Whenever any interested party provides information to the Minister, or the Minister
otherwise obtains information, that –
(a) the amount of countervailable subsidy has changed substantially;(b) a refund of the countervailable duty is no longer necessary;G/ADP/N/1/ZWE/2/Suppl.1
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(c) the imposition of a countervailing duty is no longer necessary;
(d) an undertaking is no longer necessary or should be modified;(e) a countervailing duty or undertaking which is required to be terminated under
subsection (7) should be maintained;  or
(f) an expedited review is required for export ers who were not previously investigated;
the Minister shall request the Commission to conduct a review if he determines that such review is in
the public interest or is required under the Agreement on Subsidies and Countervailing Measures.
(2)  No review shall be undertaken in terms of subsection (1) unless the period prescribed has
lapsed.
(3)  If the Commission decides to conduct a revi ew in terms of subsection (1), it shall –
(a) publish a notice of the initiation of a review;  and(b) conduct such review and allow interested parties an opportunity to provide
comments.
(4)  Any review conducted in terms of this section shall be completed within such periods as
may be prescribed.
(5)  On the completion of the review, the Commission shall publish a final determination in
the review stating the reasons therefor.
(6)  Except in the case of a review under paragraph (f) of subsection (1), any determination
made in terms of subsection (5) shall apply to the subject products imported on or after date of
publication of the final determination in the review.
(7)  Countervailing duties shall not be collected on imports made after five years from the
date of the publication of the notice of the final determination undertakings shall unless the Minister
determines on the basis of a review in terms of this section that the termination of such duties or
undertaking would lead to the continuation or recurrence of subsidization.
(8)  Undertakings shall automatically lapse with  respect to imports made five years after the
date of publication of the notice of suspension of the investigation.
Review by Administrative Court
13. (1)  An interested party shall have the right of review by the Administrative court against
any –
(a) affirmative or negative final determination made in terms of section 9;  or
(b) final review determination in terms of subsection (5) of section 12.G/ADP/N/1/ZWE/2/Suppl.1
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(2)  An application for review shall be filed within thirty days of the date of the notice of final
determination made in terms of section 9 or of the date of publication of the final determination in
terms of subsection (5) of section 12.
(3)  The Administrative Court may, upon review, affirm the determination or refer back the
matter to the Minister for reconsideration.
(4)  The Minister shall implement any decision of the Administrative Court under
subsection (3).
Part III
ANTI-DUMPING DUTIES
Imposition of anti-dumping duties
14. (1)  The Minister may, on the evidence furnished by the Commission after completing an
investigation recommend the imposition by the Minister responsible for finance of an anti-dumping
duty on any subject products imported into Zimbabwe where he determines –
(a) that the export price of the subject products is less than normal value;  and(b) that prejudice or potential prejudice to any domestic industry is occasioned in either
of one of the following ways -
(i) the subject products are, through the effects of dumping, causing or threatening
to cause material prejudice to the domestic industry in Zimbabwe producing
like products;
(ii) the subject products are, through the effects of dumping, materially impeding
the establishment of the domestic industry producing like products in
Zimbabwe.
(2)  In recommending the imposition of an anti-dumping duty the Minister shall specify –
(a) an amount equal to the dumping margin de termined to exist with respect to the
subject products;  or
(b) an amount less than that referred to in paragraph (a) if the Minister determines that
such lower duty will be sufficient to eliminate ther prejudice in a particular case.
(3)  For the purposes of this section –
(a) the Commission must be satisfied that the subject products are causing prejudice
within the meaning of these regulations;
(b) any causal relationship between the subject products and the prejudice to the
domestic industry shall be based on an examination of all relevant evidence beforethe Commission;
(c) the Commission shall also examine any known factors other than the subject products
which at the same time are prejudicing the domestic industry.G/ADP/N/1/ZWE/2/Suppl.1
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Normal value
15. (1)  For the purpose of these regulations, the normal value of any subject products shall be the
comparable price actually paid or payable in the ordi nary course of trade for the like products sold for
consumption in the domestic market of the exporting country.
(2)  Where there are no sales in the domestic market of the exporting country under
subsection (1), or where, because of the particular market situation or the low volume of the sales in
the domestic market of the exporting country, and such sales do not permit a proper comparison, the
normal value of the subject products shall be –
(a) the comparable price actually paid or payable in the ordinary course of trade for like
products exported to any appropriate third country, provided that such price is
representative;  or
(b) the constructed value of the subject products which shall include the cost of
production in the exporting country, plus a reasonable amount for profits.
(3)  For the purpose of subsection (2), sales of like products destined for consumption in the
domestic market of the exporting country or the appropriate third country shall normally beconsidered a sufficient quantity for the determination of the normal value if such sales constitute five
per centum  or more the sales of the subject products to Zimbabwe:
Provided that a lower ratio shall be acceptable where the evidence shows that domestic sales
at such lower ratio are of sufficient magnitude to provide for a proper comparison.
(4)  Sales of the like products in the domestic market of the exporting country or sales to a
third country at prices below per unit cost of production may be treated as not being in the ordinary
course of trade by reason of price and may be disregarded in determining normal value only if the
Minister determines that such sales are made within an extended period of time in substantial
quantities and at prices which do not provide for the recovery of all costs within a reasonable period
of time.
(5)  For the purpose of determining the cost of production referred to in paragraph (b) of
subsection (2) and subsection (4), the cost of production shall be computed on the basis of all fixed
and variable costs of manufacturing for sale in the exporting country plus a reasonable amount for
selling, administrative and other general expenses.
(6)  In the circumstances described in subsection (4), the normal value of any subject products
may be determined on the basis of:
(a) the remaining sales in the domestic market made at a price which is not less than the
cost of production, provided that such remaining sales are in sufficient quantities;  or
(b) where the sales do not exist in sufficient quantities in the domestic market, the
remaining sales in the third country market made at a price which is not less than the
cost of production, provided that such remaining sales are in sufficient quantities.
(7)  Where the remaining sales are not in sufficient quantities for the calculation of normal
value under subsection (6), the normal value of any subject products may be determined on the basis
of the constructed value as described in paragraph (b) of subsection (2).G/ADP/N/1/ZWE/2/Suppl.1
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Export price
16. (1)  The export price of any subject products shall be the price actually paid or payable for the
subject products.
(2)  Where there is no export price, or where there is an association or a compensatory
arrangement between the exporter and the importer or a third party and it appears that the price
actually paid or payable for the subject products is unreliable, the export price may be constructed on
the basis of the price at which the subject products are first resold to an independent buyer or not
resold in the condition imported, on any reasonable basis.
(3)  If the export price is constructed as described in subsection (2), allowance shall be made
for all costs incurred between importation and resale.
Comparison of normal value and export price
17. (1)  A fair comparison shall be made between the export price and the normal value of any
subject products, due allowance being made in each case on its merits for differences which affect
price comparability.
(2)  The comparison under subsection (1) shall be made at the same level of trade, normally at
the ex-factory level, and in respect of sales made at, as nearly as possible, the same time.
(3)  Subject to subsections (1) and (2), the existence of the margin of dumping shall, unless
otherwise provided by regulations, normally be established on the basis of a comparison of a weightedaverage normal value with a weighted average of pric es of all comparable export transactions of the
subject products.
Subject products from non-market economy country
18. Where the country of origin of any subject products is a non-market economy country, the
normal value of the subject product shall be determined in the prescribed manner.
Initiation of investigation
19. (1)  Any person may, on his own initiative or on behalf of a domestic industry producing like
products submit a written petition to the Commission requesting that an anti-dumping dutyinvestigation be initiated with regard to products imported or likely to be imported into Zimbabwe.
(2)  The petition shall be in such form as may be prescribed by the Minister and shall include
evidence of each of the elements specified in subsection (1) of section 14 and such other evidence that
may be relevant or reasonably required by the Minister or the Commission.
(3)  The Commission shall, within the period prescribed, review the petition and other
available information and determine whether:
(a) sufficient evidence to warrant the initiation of an investigation into whether the
elements necessary for the imposition of an anti-dumping duty as provided under
subsection (1) of section 14 exists;  and
(b) such an investigation is in the public interest.G/ADP/N/1/ZWE/2/Suppl.1
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(4)  Where the Commission determines that suff icient evidence does not exist to warrant the
initiation of an anti-dumping duty investigation or that such an investigation is not in the public
interest, the Commission shall as soon as practicable notify the petitioner of its determination not toinitiate an investigation.
(5)  Where the Commission determines that suffic ient evidence exists to warrant the initiation
of an anti-dumping duty investigation and that such investigation is in the public interest, the
Commission shall notify the appropriate interested parties and publish a notice of initiation of
investigation in the Gazette .
(6)  The Commission may, in special circumstances, initiate an anti-dumping duty
investigation on its own accord where in relation to any products imported or likely to be imported
into Zimbabwe, it has sufficient evidence of ea ch of the elements specified in subsection (1) of
section 14.
(7)  Where the Commission decides to initiate an investigation in terms of subsection (6), it
shall notify the appropriate interested parties and publish a notice of initiation of investigation in the
Gazette.
(8)  Notwithstanding any provision in this section, the Commission shall not initiate an
investigation unless it has determined on the basis of an examination of the degree of support for, or
opposition to, any written petition submitted under subsection (1) that:
(a) the written petition is supported by domestic producers of like products whose
collective output constitutes more than fifty per centum  of the total production of the
like products produced by that portion of the domestic industry expressing either
support for or opposition to the written petition;  and
(b) the domestic producers of like products expressly supporting the written petition
account for not less than twenty-five per centum  of the total production of the like
products produced by the domestic industry.
(9)  For the purpose of subsection (8), in th e case of fragmented industries involving an
exceptionally large number of producers, the Commission may determine the support and opposition
by using statistically valid sampling techniques.
Duration of investigation
20. (1)  All anti-dumping duty investigations shall, except in special circumstances, be concluded
by the Commission within one year, and in no case not later than eighteen months after initiation of
investigations.
Preliminary determinations of dumping and prejudice
21. (1)  The Commission shall, within such period as may be prescribed, make a preliminary
determination regarding:
(a) whether a dumping margin exists with respect to the subject products, and the amount
of such margin;  and
(b) whether injury is found to exist in any one of the following ways:G/ADP/N/1/ZWE/2/Suppl.1
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(i) the subject products are, through the effects of dumping, causing or
threatening to cause material prejudice to the domestic industry in Zimbabwe
producing like products;
(ii) the subject products are, through the effects of dumping, materially impeding
the establishment of the domestic industry for the production of like products
in Zimbabwe.
(2)  If the Commission makes a negative preliminary determination under subsection (1), it
shall publish a notice stating the reasons therefor and may terminate the investigation if theCommission is satisfied that there is insufficient evidence of either dumping or prejudice to justify
proceedings with investigation.
(3)  If the Commission makes an affirmative preliminary determination under subsection (1),
it shall continue the investigation and publish a notice of:
(a) the affirmative preliminary determinati on stating the reasons for his determination
under paragraphs (a) and (b) of subsection (1);  and
(b) the provisional measures applicable.
Provisional measures
22. (1)  On or after the publication of the notice referred to in subsection (3) of section 21 the
Minister may, if he considers that such measures are necessary to prevent the prejudice referred to inparagraph (b) of subsection (1) of section 21 from occurring during the period of the investigation
shall recommend the application of provisional measures with regard to the subject products imported
into Zimbabwe on or after the publication of the notice of affirmative preliminary determination
where the Minister determines that such measures are necessary to prevent the injury referred to in
paragraph (b) of subsection (1) of section 21 from occurring during the period of investigation.
(2)  Provisional measures shall not be imposed sooner than 60 days from the date of initiation
of the investigation.
(3) Provisional measures shall take the form of a provisional duty or a security equal to
the amount of the estimated dumping margin determined under subsection (1) of section 21.
(4) Provisional measures imposed under this section shall not exceed such period as may
be prescribed.
Final determination of dumping and prejudice
23. (1)  The Commission shall, within such period as may be prescribed, make a final
determination regarding:
(a) whether a dumping margin exists with regard to the subject products, and the amount
of such margin;  and
(b) whether:G/ADP/N/1/ZWE/2/Suppl.1
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(i) the subject products are, through the effects of dumping, causing or
threatening to cause material prejudice to the domestic industry in Zimbabwe
producing like products;  or
(ii) the subject products are, through the effects of dumping materially impeding
the establishment of the domestic industry in Zimbabwe.
(2)  Where the Commission makes a negative final determination under subsection (1), it
shall:
(a) terminate the investigation;(b) advise the Minister to terminate any provisional measures applied in terms of
section 22 and refund any provisional dut y paid and notify the Commissioner of
Customs and Excise to release any security required by such measures;  and
(c) publish a notice of the negative final determination stating the reasons therefor.
(3)  Where the Commission makes an affirmative final determination under subsection (1), it
shall:
(a) publish a notice of the affirmative final determination stating:
(i) the reason therefor:(ii) the anti-dumping duties applicable;  and(iii) the subject products on which the anti-dumping duties apply;  and
(b) advise the Minister to recommend the imposition of anti-dumping duties in the
amounts determined in the final determination in accordance with subsection (2) of
section 14 on the subject products imported into Zimbabwe on or after the date of
publication of the final determination;  and
(c) impose anti-dumping duties in accordance with subsections (5) and (6) on imports
into Zimbabwe for which provisional measures were applied.
(4)  Where an affirmative final determinatio n has been made, the Minister may take into
consideration the public interest in determining whether or not to accept the recommendation of the
Commission to request the Minister responsible for finance to impose anti-dumping duties and the
amount of such duties.
(5)  The Minister shall impose anti-dumping duties on the subject products against which
provisional measures were applied if the Minister:
(a) agrees with determination of material prejudice by the Commission made in terms of
subparagraph (i) of paragraph (b) of subsection (1);  or
(b) makes a determination of threat of material prejudice under subparagraph (ii) of
paragraph (b) of subsection (1) and finds that the import of the subject products, in the
absence of the provisional measures would have led to a finding of material prejudice
under subparagraph (i) of paragraph (b) of subsection (1).G/ADP/N/1/ZWE/2/Suppl.1
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(6)  With respect to the imposition of any anti-dumping duty under subsection (5):
(a) where the anti-dumping duty is higher than the provisional duty or the amount
guaranteed by the security required under the provisional measures, only the amount
equal to the provisional duty or the security given shall be imposed;  and
(b) where the anti-dumping duty is less than the provisional duty or the amount
guaranteed by the security required under the provisional measures, the full amount of
anti-dumping duty shall be imposed and the excess amount of the provisional duty
paid or security given shall be reimbursed or released.
(6)  Where no anti-dumping duties are imposed under subsection (5) on the subject products
against which the provisional measures were applied, the Minister shall refund the provisional duty
paid and release the security required by the provisional measures.
(7)  Notwithstanding subsections (3) and (5), the Minister may, on the advice of the
Commission, recommend the imposition of retroactive anti-dumping duties on the subject products
imported into Zimbabwe within a period of ninety days prior to the application of provisional
measures, but in no case earlier than the date of the initiation of the investigation, if:
(a) there is a history of dumping which caused prejudice, or the importer was or should
have been aware that the exporter practises dumping and that such dumping would
cause prejudice;  and
(b) the prejudice is caused by massive dumped imports of the subject products in a
relatively short period of time which in the light of the timing and the volume of such
imports and other circumstances is likely to seriously undermine the remedial effect
of the anti-dumping duty to be imposed.
Termination of investigation
24. (1)  Notwithstanding anything in these regulations but subject to subsection (2), an
investigation may be terminated at any time when:
(a) the petitioner withdraws the petition;  or(b) the Commission determines that such termination is in the public interest.(2)  An investigation shall be terminated immediately if the Commission determines that the
margin of dumping is negligible or that the volume of imports of the subject products, actual or
potential, or the injury, is negligible.
(3)  For the purpose of subsection (2):
(a) the margin of dumping shall be considered to be negligible if the margin is less than
two per centum , expressed as a percentage of the export price;  and
(b) the volume of imports of the subject products shall normally be regarded as negligible
if the volume of imports of the subject products from a particular country is found to
account for less than three per centum  of imports of the like products into Zimbabwe,
unless the subject products from countries which individually account for less thanG/ADP/N/1/ZWE/2/Suppl.1
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Page 22
three per centum  of imports of the like products in Zimbabwe collectively account for
more than seven per centum  of imports of the like products into Zimbabwe.
(4)  If a termination referred to in subsecti on (1) or (2) occurs prior to the preliminary
determination, the Commission shall publish a notice of such termination stating the reasons therefor.
(5)  If a termination referred to in subsec tion (1) or (2) occurs after the preliminary
determination, the Commission shall advise the Minister to:
(a) request the termination of any provisional measures referred to in section 22 and the
refund of the provisional duties paid or notify the Commissioner of Customs andExcise to release the security required by such measures;  and
(b) publish a notice of such termination stating the reasons therefor.
Suspension of investigation
25. (1)  An investigation may be suspended with the approval of the Minister if any undertaking
acceptable to the Commission is given by the person being investigated that the matters leading to the
initiation of the investigation will be remedied.
(2)  Before approving the suspension of the investigation, the Minister shall determine that
such undertakings:
(a) will eliminate the dumping margin or the injurious effects caused by the subject
products;
(b) can be monitored effectively;  and(c) are in the public interest.(3)  If the undertakings are acceptable, the Minister shall:
(a) approve the suspension of the investigation;
(b) request the suspension of any provisional measures applied under section 22 and the
refund of the provisional duty paid and notify the Commissioner of Customs and
Excise to release the security required by such measures as the Minister may thinkappropriate;  and
(c) publish a notice stating the reasons for the suspension of the investigation and the
actions under paragraph (b).
(4)  Notwithstanding the acceptance of the unde rtakings, the investigation shall be completed
upon the written request of the exporters of the subject products or if the Minister so decides.
(5)  Where the Commission completes the investigation under subsection (4) or for any other
reason, and makes an affirmative final determination, the undertakings shall remain in effect subjectto the provisions of these regulations.G/ADP/N/1/ZWE/2/Suppl.1
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(6)  Where the Commission completes the investigation under subsection (4) or for any other
reason, and makes a negative determination, the undertakings shall lapse, except in circumstances
referred to in subsection (7).
(7)  Where the negative determination referred to in subsection (6) is due in large part to the
existence of the undertakings, the undertakings may be maintained subject to the provisions of these
regulations.
(8)  The Minister may take any action in terms of subsection (9) or (10) at any time if he
determines that:
(a) the undertakings accepted under subsection (1) no longer meet the requirements of
subsection (2);  or
(b) there is a material violation of the undertakings.
(9)  Where an investigation has not been completed despite subsection (4), the Minister may
request the Commission to resume the investigation and take expeditious action to:
(a) make a preliminary determination under section 21;
(b) recommend appropriate provisional measures in conformity with section 22;  and
(c) make a final determination under section 23 within one hundred and twenty days after
the publication of the preliminary determination.
(10)  Where an investigation has been completed under subsection (5), the Minister may
immediately issue a final determination under section 23 and request the collection of the anti-
dumping duties applicable.
(11)  The Minister may use the facts available with respect to any determination under
subsection (9) or (10) where a material violation of the undertakings occurs under paragraph (b) of
subsection (8).
(12)  Where the Minister requests the Commission to resume an investigation under
paragraph (b) of subsection (8) the Minister may request the imposition of anti-dumping duties in
conformity with section 23 on the subject products imported into Zimbabwe within a period of ninety
days prior to the provisional measures applied under paragraph (b) of subsection (9).
(13)  No retroactive assessment under subsection (12) shall be applied to the subject products
imported prior to the violation of the undertakings.
Review by Minister
26. (1)  Whenever any interested party provides information to the Minister, or the Minister
otherwise obtains information, that:
(a) the dumping margin has changed substantially;(b) a refund of an anti-dumping duty is appropriate;(c) the imposition of an anti-dumping duty is no longer necessary;G/ADP/N/1/ZWE/2/Suppl.1
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(d) an undertaking is no longer necessary or should be modified;
(e) an anti-dumping duty which is required to be terminated under subsection (7) should
be maintained;  or
(f) an expedited review is required for exporters or producers who did not export the
subject products to Zimbabwe during the period of investigation, the Minister shall
request the Commission to conduct a review if he determines that such review is in
the public interest or is required under the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade 1994.
(2)  No review shall be undertaken under subsection (1) unless the period prescribed has
lapsed.
(3)  If the Commission is requested to conduct a review under subsection (1), it shall:(a) publish a notice of the initiation of a review;  and(b) conduct such review and allow interested parties an opportunity to provide comments.
(4)  Any review conducted in terms of this section shall be completed within such period as
may be prescribed.
(5)  On completion of the review, the Commission shall publish a final determination in the
review stating the reasons therefor.
(6)  Except in the case of a review for a refund under paragraph (b) of subsection (1) or an
expedited review under paragraph (f) of subsection (1), any determination made in terms of
subsection (5) shall apply to the subject products imported on or after the date of publication of the
final determination in the review.
(7)  Anti-dumping duties shall not be collected on imports made after five years from the date
of publication of the notice of the final determination and undertakings shall automatically lapse with
respect to imports made after five years from the date of publication of the notice of suspension of
investigation, unless the Minister determines on the basis of a review under this section that the
termination of such duties or undertaking likely le ad to continuation or recurrence of dumping and
prejudice.
Review by Administrative Court
27. (1)  An interested party shall have the right of review by the Administrative Court against
any:
(a) affirmative or negative final determination made in terms of section 23;  or(b) final review determination under subsection (5) of section 26.
(2)  An application for review shall be filed within thirty days of the date of the notice of
affirmative or negative final determination made in terms of section 23 or of the date of the final
review determination made in terms of subsection (5) of section 26.G/ADP/N/1/ZWE/2/Suppl.1
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(3)  The Administrative Court may, upon review, affirm the determination or refer back the
matter to the Commission for reconsideration.
(4)  The Minister shall implement any decision of the Administrative Court under
subsection (3).
Part IV
ADMINISTRATION
Administrative matters
28. (1)  Subject to the provisions of these regulations, any investigation or action to be conducted
or taken in terms of these regulations shall be conducted or taken by any person authorized in writing,
by the Minister.
(2)  If any question arises as to whether any particular products are or are not included in any
notification given under this Act or any regulations made thereunder, the Minister shall determine the
scope of the notification after giving interested parties an opportunity to comment on the scope of the
notification.
Delegation
29. The Minister may by writing delegate to any person, either generally or otherwise, all or any
of his powers and functions under these regulations except his powers granted to him in paragraph (b)of subsection (3) of section 9, section 14, paragraph (b) of subsection (3) of section 23, subsection (4)
of section 24 and section 46, and any reference in these regulations to the Minister shall, unless the
context otherwise requires, includes a reference to a person to whom the Minister has delegated some
of the powers.
Part V
GENERAL
30. (1)  If, for the purposes of these regulations, the comparison of the export prices of products
exported to Zimbabwe and corresponding normal values of like products requires a conversion ofcurrencies, that conversion, subject to subsections (3) and (5), shall be made using the rate of
exchange on the date of sale.
(2)  The date of sale shall, in so far as is appropriate, be the date of contract, purchase order,
order confirmation or invoice as determined by the Minister.
(3)  If, in relation to products exported to Zimbabwe, a forward rate of exchange is used, the
Minister shall in any conversion of currencies under subsection (1), use that rate of exchange.
(4)  If:(a) the comparison referred to in subsection (1) requires the conversion of currencies;
andG/ADP/N/1/ZWE/2/Suppl.1
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(b) the rate of exchange between those currencies has undergone a short-term fluctuation;
the Minister shall, for the purpose of that comparison, disregard that fluctuation.
(5)  If:
(a) the comparison referred to in subsection (1) requires the conversion of currencies;
and
(b) the Minister is satisfied that the rate of exchange between those currencies has
undergone a sustained movement during the period of investigation;
the Minister shall allow exporters at least sixty days to adjust their export prices to reflect the
sustained movement.
Notice of information required and opportunity to present evidence
31. (1)  All interested parties in a countervailing or anti-dumping duty investigation or review
shall be given notice of the information required by the Minister and opportunities to present all
evidence they consider relevant.
(2)  The Commission shall, whenever practicable, provide timely opportunities for all
interested parties to see information submitted that is not confidential and which is relevant to the
presentation of their case.
(3)  Throughout a countervailing or anti-dumping investigation or review, all interested
parties shall have a full opportunity for the defence of their interests.
(4)  The Commission shall, on request, provide timely opportunities for all interested parties
to meet those parties with adverse interests, so that opposing views may be presented and rebuttal
arguments offered.
(5)  Provision of such opportunities shall take account of the need to preserve confidentiality
and of the convenience on the parties.
(6)  There shall be no obligation on any party to attend a meeting and failure to do so shall not
be prejudicial to that party's case.
(7)  Interested parties shall also have the righ t, on justification, to present other information
orally which shall be reproduced in writing.
(8)  The Commission shall, before a final determination is made in an investigation or review,
inform all interested parties of the essential fact s under consideration which form the basis for the
decision.
Submission of confidential information
32. (1)  Any information which is by its nature confidential, or any information which is provided
on a confidential basis to the Minister, the Commission or any other person authorized by the Minister
shall, be treated as such by the Minister, Commission and any person having access to such
information.G/ADP/N/1/ZWE/2/Suppl.1
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(2)  The confidential nature of a document shall not be used as a reason for refusing to
provide it to the Minister, the Commission or any person authorized by the Minister.
(3)  The Minister and the Commission shall be responsible for ensuring the confidentiality of
such documents.
(4)  Confidential information shall not be disclosed without specific written permission from
the party submitting the confidential information.
(5)  The Minister or the Commission shall require parties providing confidential information
to furnish non-confidential summaries that are sufficient in detail to permit reasonable understandingof the substance of the confidential information.
(6)  Where such parties indicate that such information is not susceptible of summary, a
statement of reasons why summarization is not possible shall be provided.
(7)  The Minister or the Commission may disregard information presented if:
(a) the Minister or the Commission finds that a request for confidentiality under
subsection (1) is not warranted and the supplier of the information nevertheless is
unwilling to make the information public;
(b) the non-confidential summaries as required under subsection (5) are not in sufficient
detail;  or
(c) the reasons given for not providing non-confidential summaries under subsection (6)
are inadequate and the supplier of the information nevertheless refuses to provide
non-confidential summaries.
Directions by Minister
33. The Minister may give to the Commissioner of Customs and Excise, any public officer or any
officer of any statutory board such written directions in connection with the carrying out or givingeffect to the powers and duties of the Minister under these regulations as the Minister thinks fit.
Facts available
34. Where any interested party access to, or otherwise does not provide necessary information
within a reasonable period or significantly impedes an investigation or review, including refusal to
allow verification of its information, preliminary and final determinations may be made on the basis
of the facts available.
Other practices discovered during investigation or review
35. (1)  If, in the course of an anti-dumping investigation or review, the Commission discovers
practices which appear to be dumping but which were not included in the matters alleged on the
petition, the Minister may, if there is sufficient time, investigate those practices.
(2)  If, in the course of a countervailing duty investigation or review, the Commission
discovers practices which appear to be countervailable but which were not included in the matters
alleged in the petition, the Minister may, if there is sufficient time, investigate those practices.G/ADP/N/1/ZWE/2/Suppl.1
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Conduct of investigations where no international obligations apply
36. When no applicable international obligation on countervailing and anti-dumping duties exists
between Zimbabwe and any interested foreign government, the Minister may take such action as maybe prescribed.
Transshipment
37. Where products are not imported into Zimbabwe directly from an intermediate country, the
provisions of the Act and any regulations made thereunder shall be fully applicable and the
transactions, for the purposes of the act and those regulations, shall be regarded as having taken placebetween the country of origin and Zimbabwe.
Double counting not permitted
38. No products shall be subjected to both anti-dumping and countervailing duties to compensate
for the same situation of dumping and subsidization.
Obligation of secrecy
39. (1)  No person who has access to any statement, accounts, record, correspondence, document,
information or any other material obtained pursuant to the provisions of these regulations shall
disclose such statement, accounts, record, correspondence, document, information or other material to
any other person unless such disclosure is:
(a) authorized by the Minister;  or(b) made for the purposes of these regulations.(2)  Any person who contravenes subsection (1) shall be guilty of an offence.
Repeals
40. (1)  The Customs and Excise (Anti-Dumping and Countervailing Duty) (Investigation)
Regulations, 1984, published in Statutory Instrument 429 of 1984, are repealed.
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