WORLD TRADE
ORGANIZATIONG/ADP/N/1/ATG/2
G/SCM/N/1/ATG/2
19 March 2002
(02-1414)
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
ANTIGUA AND BARBUDA
The following communication, dated 5 January 2002, has been received from the Ministry of
Economic Development, Trade, Industry and Commerce in Antigua.
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LAWS OF ANTIGUA AND BARBUDA
Customs Duties
(Dumping and Subsidies)
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CHAPTER 126
THE CUSTOMS DUTIES
(DUMPING AND SUBSIDES) ACT
Arrangement of Sections
Section
1. Short title
2. Interpretation
3. Cases where customs duties may be imposed4. Order imposing duties
5. Relief in respect of duties
6. Drawback, etc. of duties
7. Power to require information from importers
8. Ascertainment of export price9. Ascertainment of fair market price
10. Construction of references to country of origin, etc.
11. Regulations
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CUSTOMS DUTIES (DUMPING AND SUBSIDIES)
(1 July 1959)
Short title 1. This Act may be cited as the Customs Duties (Dumping and Subsidies) Act.
Interpretation 2. In this Act:"fair market price" means the price determined in accordance with the provisions of
section 9;
"General Agreement on Tariffs and Trade" means the Agreement concluded in Geneva
in the year nineteen hundred and forty-seven;
"importer" in relation to any goods at any time between their importation and the time
they are delivered out of customs charge, includes any owner or other person for thetime being possessed of or beneficially interested in the goods.G/ADP/N/1/ATG/2
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Cases where
customs
duties may
be imposed3. (1) Where it appears to the Cabinet:
(a) that goods of any description are being or have been imported into
Antigua and Barbuda in circumstances in which they are under theprovisions of this Act to be regarded as having been dumped;  or
(b) that some Government or other authority outside Antigua and Barbuda
has been giving a subsidy affecting goods of any description which are
being or have been imported into Antigua and Barbuda, and that,
having regard to all the circumstances it would be in the interest of
Antigua and Barbuda,
they may exercise the power conferred on them by this Act to impose and vary duties of
customs in such manner as they think necessary to meet the dumping or the giving of
the subsidy:
Provided that, where the Cabinet is not satisfied that the effect of the dumping
or of the giving of the subsidy is such as to cause or threaten material injury to an
established industry in Antigua and Barbuda or is such as to retard materially the
establishment of an industry in Antigua and Barbuda, the Cabinet shall not exercise that
power if it appears to them that to do so would conflict with the provisions for the timebeing in force of the General Agreement on Tariffs and Trade.
(2) For the purposes of this Act imported goods shall be regarded as having
been dumped:
(a) if the export price from the country in which the goods originated is
less than the fair market price of the goods in that country;  or
(b) in a case where the country from which the goods were exported to
Antigua and Barbuda is different from the country in which they
originated:
(i) if the export price from the country in which the goods
originated is less than the fair market price of those goods in
that country;  or
(ii) if the export price from the country from which the goods were
so exported is less that the fair market price of those goods in
that country.
(3) References in this Act to giving a subsidy are references to giving,
directly or indirectly, a bounty or subsidy on the production or exportof goods (whether by grant, loan, tax relief or in any other way and
whether related directly to the goods themselves or to materials of the
goods or to something else) and shall include:
(a) the giving of any special subsidy on the transport of a particular
product;  andG/ADP/N/1/ATG/2
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(b) the giving of favourable treatment to producers or exporters in the
course of administering any governmental control over the exchange of
currencies where such treatment has the effect of assisting a reduction
of the prices of goods offered for export,
but do not include the application of restrictions or charges on the export of materials
from any country so as to favour producers in that country who use those materials in
goods produced by them.
Order
imposing
duties4. (1) The power which the Cabinet may exercise under this Act is a power
by order to impose on goods of a description specified in the order a duty of customschargeable on the import of the goods into Antigua and Barbuda at a rate specified in
the order.
(2) The matters by reference to which the description of goods in an order
is framed shall include either the country in which the goods originated or the countryfrom which the goods were exported to Antigua and Barbuda.
(3) Subject to the provisions of subsection (2), an order under this section
may include such provisions with respect to the description of the goods chargeable
with duty and with respect to the cases in which duty is chargeable as may appear to theCabinet to be required for the purposes of this Act, and in particular:
(a) provisions limiting the description of the goods by reference to the
particular persons or organizations by whom the goods were produced
or who were concerned with the production of the goods in somespecified manner;
(b) provisions defining the rate of duty by reference to value or weight or
other measure of quantity;
(c) provisions directing that duty be charged for any period or periods
whether continuous or not, or without any limit of period, or at differentrates for different periods or parts of periods;  and
(d) in connection with the commencement, variation or termination of a
duty, provisions authorizing repayment in respect of duty where it is
shown that the prescribed conditions are fulfilled.
(4) Any duty chargeable under this Act on any goods shall be chargeable in
addition to any other duty of customs for the time being chargeable thereon, and
notwithstanding the provisions of any other law for the time being in force in Antigua
and Barbuda, the charge of duty under this Act shall not affect liability to customs dutychargeable under any other Act or the amount of any such duty.
Relief in
respect ofduties(5) (1) Where it appears to the Cabinet that relief under this section
should be available as respects a duty imposed by an order under this act (being an
order made to afford protection against dumping) they may, if they think fit, in that or asubsequent order under this Act apply the provisions of this section in relation to the
duty.G/ADP/N/1/ATG/2
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(2) Where this section applies in relation to any duty, the importer of any
goods chargeable with the duty as being goods originating in or, as the case may be,
exported from a specified country may apply to the Cabinet for relief from the duty on
those goods.
(3) If on an application so made the Cabinet is satisfied that the export
price of the goods from that country with th e amount of the duty added to it exceeds the
fair market price of the goods in that country, the Cabinet shall cause the Comptroller of
Customs to be notified of the amount of the excess, and the Comptroller of Customs
shall remit or repay the duty up to that amount.
(4) An application under this section as respects any goods shall not be
made more than six months after the duty has been paid on the goods, and in connection
with any such application the applicant sh all furnish such information and evidence as
the Cabinet may require from him for ascertaining the said export price or fair market
price.
(5) The foregoing provisions of this section shall have effect in relation to a
duty imposed by an order under this Act, (being an order made to afford protection
against the giving of a subsidy) as if references to the fair market price in a country
were references to the export price from that country increased by such amount (if any)as may be necessary to offset the effect of the giving of the subsidy.
(6) If a person for the purposes of an application under this section:(a) makes any statement which is false in a material particular;  or(b) produces any account, estimate, return or other document which is false
in a material particular,
the amount of any duty remitted or repaid under this section on the application shall be
recoverable as a debt due to the Crown and if the statement was made or the document
was produced knowingly or recklessly that person shall be liable on summaryconviction to imprisonment for a term not exceeding three months or to a fine not
exceeding five thousand dollars.
Drawback,
etc., of duties6. (1) The Cabinet may by order provide for the allowance of drawback in
respect of all or any duties under this Act on the export of goods in such circumstancesand subject to such conditions as they may specify.
(2) The drawback may be in respect of duty paid on the goods or in respect
of duty paid on materials used in the manufacture of the goods and the rate of the
drawback may be determined in such manner and by reference to such matters as theCabinet may specify.G/ADP/N/1/ATG/2
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Power to
require
information
fromimporters7. (1) The Comptroller of Customs may require the importer of any goods to
state such facts concerning the goods and their history as he may think necessary to
determine whether the goods are goods originating in a country specified in an order
under this Act or are goods exported from any country and to furnish him in such formas he may require with proof of any statements so made;  and if such proof is not
furnished to his satisfaction or the required facts are not stated, the goods shall be
deemed for the purposes of this Act to have originated in, or as the case may be, to have
been exported from, such country as he may determine:
Provided that the Comptroller of Customs shall require proof of the country in
which goods originated in relation to any duty under this Act in the case only of goodsexported from such countries as the Cabinet may direct in relation to that duty.
(2) Where an order under this Act limits the description of goods in respect
of which duty is chargeable under this Act or the cases in which duty is so chargeable
so that the question whether any and if so what duty is chargeable on the goods dependson other matters besides the country in which the goods originated or from which they
were exported, the Comptroller of Customs may also require the importer to state such
facts as he may think necessary to determine that question so far as regards those other
matters and to furnish them in such form as he may require with proof of any statement
so made;  and if such proof is not furnished to his satisfaction or the required facts arenot stated, those facts shall be deemed for the purposes of duty under this Act to be such
as he may determine.
Ascertainment
of export price8. In relation to goods imported into Antigua and Barbuda the export price from
the country in which the goods originated or from which they were exported shall bedetermined as follows:
(i) If the goods are imported under a contract of sale which is a sale in the
open market between buyer and seller independent of each other and
the Cabinet is satisfied as to that fact, as to the price on that sale and as
to such other facts as are material for this purpose, the export price shall
be the price on that sale subject to a deduction for the cost of insuranceand freight from the port or place of export in the said country to the
port or place of import, and for any other costs, charges or expenses
incurred in respect of the goods after they left the port or place of
export, except so far as any such costs, charges or expenses have to be
met separately by the purchaser.
(ii) If paragraph (i) does not apply, the Cabinet shall determine the export
price by reference to such sale of the goods (or of any goods in which
the first-mentioned goods were incorporated) as they may select with
such adjustments as may appear to them to be proper.
Ascertainment
of fair market
price9. The fair market price of any goods in a country shall for the purposes of this
Act be determined as follows:
(i) Subject to the next following paragraph, the fair market price shall be
taken to be the price at which goods of the description in question (that
is to say, any identical or comparable goods) are being sold in theordinary course of trade in the said country for consumption or useG/ADP/N/1/ATG/2
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there, but subject to any necessary adjustments whether for differences
in conditions and terms of sale, for differences in taxation or otherwise,
which may be required for the purpose of ensuring that the comparison
between the fair market price and the export price is effectively acomparison between the prices on two similar sales.
(ii) If it appears to the Cabinet that goods of that description are not being
sold in the said country, or not in such circumstances that the fair
market price can be determined in accordance with paragraph (i), the
fair market price shall be determined by the Cabinet, by reference to
any price obtained for goods of that description when exported from thesaid country, with adjustments made for the purpose mentioned in
paragraph (i) or, if the Cabinet think fit, by reference to the cost or
estimated cost of production of the goods the dumping of which is in
question, with such additions in respect of selling cost and profit as
may appear to the Cabinet to be proper.
(iii) No account shall be taken under this section of any application of
restrictions or charges on the export of materials from any country so as
to favour producers in that country who use those materials in goods
produced by them.
Construction
of references
to country of
origin, etc.10. (1) Goods shall be regarded for the purposes of this Act as having
originated in a country:
(a) if those goods were wholly produced in that country;  or
(b) if some stage in the production of the goods was carried out in that
country and the cost of carrying out such stages, if any, in the
production of the goods as were carried out after those goods last left
that country (but before the import of the goods into Antigua and
Barbuda) was less than twenty-five per centum of the cost ofproduction of the goods as so imported;  or
(c) if some stage in the production of any components or materials
incorporated in the goods was carried out in that country and the cost of
carrying out such stages in production as were carried out after thosecomponents or materials last left that country to convert those
components or materials into the goods as imported into Antigua and
Barbuda was less than twenty-five per centum of the cost of production
of the goods as so imported.
(2) Where the export price of any goods from the country in which they
originated is in question and some stage in the production of the goods, or of any
components or materials incorporated in the goods, was carried out after they last left
that country, the deductions to be made by the Cabinet in the price by reference to
which the export price is to be ascertained shall include a deduction for the cost ofcarrying out any such stage in the production of the goods and in the production of any
components or materials incorporated in the goods;  and the fair market price shall be
the fair market price of those goods or, as the case may be, of those components or
materials in the state in which they left that country.G/ADP/N/1/ATG/2
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(3) Any reference in this Act to the country in which goods originated shall
be taken, in a case where there are two or more countries which answer to that
description, as a reference to any of those countries.
Regulations 11. The Cabinet may by regulations prescribe for the purposes of this Act:
(a) the costs, charges and expenses to be taken into account in ascertaining
costs of production or the cost of any stage in production;
(b) the manner in which cost of production is to be ascertained in cases
where different stages are carried out by different persons;
(c) the manner in which the cost of different stages or production is to be
ascertained.
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