G/ADP/N/1/KNA/1  
G/SCM/N/1/KNA/1  
4 March  2021 
(21-1829) Page: 1/8 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5  AND 32.6 OF THE AGREEMENTS  
ST. KITTS AND NEVIS 
The following communication , dated 8 February 2021 and received on 3 March 2021 , is being 
circulated at the request of the Delegation of St. Kitts and Nevis . 
 
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The Government of St . Kitts and Nevis hereby notifies  in accordance with Article  18.5 of the 
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade  1994 and 
Article 32.6 of the Agreement on Subsidies and Countervailing Measures  that St. Kitts and Nevis  
relevant  National Legislation ; Saint Christopher and Nevis Customs Duties (Dumping and 
Subsidies) Act Cap 20.05  administering procedures  on anti -dumping practices . 
www.sk ncustoms.com/pdfs/Customs%20Duties%20(Dumping%20and%20Subsidies)%20Act%20 -
%20Chap%2020.05.pdf   G/ADP/N/1/KNA/1 • G/SCM/N/1/KNA/1  
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  ST CHRISTOPHER AND NEVIS  
CHAPTER 20.05  
CUSTOMS DUTIES (DUMPING AND SUBSIDIES) ACT  
Revised Edition  
Showing the law as at 3 1 December  2002 
This is a revised edition of the law, prepared by the Law Revision Commissioner under the 
authority of the Law Revision Act, No. 9 of 1986  
This edition contains a consolidation of the following laws:  
Customs Duties (Dumping and Subsidies) Act  
Act 30 of 195 8 in force 15th August, 1959  
 Amended by Act 6 of 1976  
  Act 7 of 1976  
  Act 9 of 1986  
  Act 10 of 1997 (see section 38)  G/ADP/N/1/KNA/1 • G/SCM/N/1/KNA/1  
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  CHAPTER 20.05  
CUSTOMS DUTIES (DUMPING AND SUBSIDIES) ACT  
ARRANGEMENT OF SECTIONS  
1. Short title . ................................ ................................ ................................ .................  4 
2. Interpretation . ................................ ................................ ................................ ...........  4 
3. Cases where customs duties may be imposed.  ................................ ..........................  4 
4. Order imposing duties.  ................................ ................................ ..............................  5 
5. Relief in respect of duties.  ................................ ................................ .........................  6 
6. Drawback, etc., of duties.  ................................ ................................ ..........................  6 
7. Power to require information from importers.  ................................ ...........................  6 
8. Ascertainment of export price . ................................ ................................ ..................  7 
9. Ascertainment of fair market price . ................................ ................................ ...........  7 
10. Construction of references to country of origin, etc.  ................................ ................  8 
11. Regulations.  ................................ ................................ ................................ ............  8 G/ADP/N/1/KNA/1 • G/SCM/N/1/KNA/1  
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  CHAPTER 20.05  
CUSTOMS DUTIES (DUMPING AND SUBSIDIES) ACT  
AN ACT to make provision for the imposition of customs duties in respect of goods 
imported into the State in circumstances in which such goods may be regarded to have 
been dumped or subsidised ; and to provide for related or incidental matters.  
1. Short title.  
This Act may be cited as the Customs Duties (Dumping and Subsidies) Act.  
2. Interpretation.  
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 at 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 
the time being possessed of or beneficially interested in the goods;  
"Minister " means the Minister of Finance.  
[Inserted by Act  7/1976]  
3. Cases where customs duties may be imposed.  
(1) Where it appears to the Minister  
(a) that goods of any description are being or have been imported into the State in 
circumstances in which they are under the provisions of this Act to be regarded 
as having been dumped ; or 
(b) that some Government or other authority outside the State has been giving a 
subsidy affecting goods of any description which are being or have been imported 
into the State, and that, having regard to all the circumstances it woul d be in the 
interest of the State,  
he or she may exercise the power conferred on him or her by this Act to impose and vary duties of 
customs in such manner as he or she thinks necessary to meet the dumping or the giving of the 
subsidy:  
Provided that, where  the Minister 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 the State 
or is such as to retard materially the establishment of an industry in the  State, the Minister shall not 
exercise that power if it appears to him or her that to do so would conflict with the provisions for 
the time being in force of the General Agreement on Tariffs and Trade.  
(2) For the purposes of this Act, imported goods shal l 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 G/ADP/N/1/KNA/1 • G/SCM/N/1/KNA/1  
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  (b) in a case where the country from which the goods were exported to the State 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 than 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 export of goods (whethe r 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 ; and 
(b) the giving of favourable treatment of 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.  
4. Order imposing duties.  
(1) The power which the Minister may exercise under this Act is a power by order to impose 
on goods of a description specified in the Order a duty of customs chargeable on the import of the 
goods into the State at a rate specified in the Order.  
(2) The matters by reference to which the de scription of goods in an Order is framed shall 
include either the country in which the goods originated or the country from which the goods were 
exported to the State.  
(3) Subject to the provisions of subsection (2), an Order made 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 the Minister to be required for the 
purposes of this Act, and in particular,  
(a) provisions l imiting the description of the goods by reference to the particular 
persons or organisations by whom the goods were produced or who were 
concerned with the production of the goods in some specified manner;  
(b) provisions defining the rate of duty by refere nce 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 different rates for different 
periods or parts of periods ; and 
(d) in connection with the commencement, variation or termination of a duty, 
provisions authorizing repayments 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 char geable 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 the State, the charge of duty under this Act shall not 
affect liability to customs dut y chargeable under any other Act or the amount of any such duty.  G/ADP/N/1/KNA/1 • G/SCM/N/1/KNA/1  
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  5. Relief in respect of duties.  
(1) Where it appears to the Minister 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) he or she may, if he or she thinks fit, in that or a subsequent Order under this Act 
apply the provisions of this section in relation to the duty.  
(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 Minister for relief from the duty on those goods.  
(3) If on an application so made the Minister is satis fied that the export price of the goods 
from that country with the amount of the duty added to it exceeds the fair market price of the goods 
in that country, the Minister 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 appli cation 
the applicant shall furnish such information and evidence as the Minister may require from him or 
her 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 i mposed 
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 m ay 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 oth er 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 rec klessly that person shall be liable, on summary conviction, to imprisonment for a term not 
exceeding three months or to a fine not exceeding five  thousand  dollars or to both such fine and 
imprisonment.  
[Amended by Acts 7/1976 and 9/1986]  
6. Drawback, etc., of  duties.  
(1) The Minister 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 circumstances and subject to such conditions 
as he or she may specify.  
(2) The drawback may be in r espect 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 the Minister may specify.  
7. Power to require infor mation from importers.  
(1) The Comptroller of Customs may require the importer of any goods to state such facts 
concerning the goods and their history as he or she may think necessary to determine whether the 
goods are goods originating in a country specif ied in an Order made under this Act or are goods 
exported from any country and to furnish him or he r in such form as he or she may require with 
proof of any statements so made ; and if such proof is not furnished to his or her satisfaction or the 
required f acts are not stated, the goods shall be deemed for the purposes of this Act to have G/ADP/N/1/KNA/1 • G/SCM/N/1/KNA/1  
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  originated in, or as the case may be, to have been exported from, such country as he or she may 
determine:  
Provided that the Comptroller of Customs shall require proof of t he country in which goods 
originated in relation to any duty under this Act in the case only of goods exported from such 
countries as the Minister may direct in relation to that duty.  
(2) Where an Order made under this Act limits the description of goods i n 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 depends on other matters besides the 
country in which the goods originated or f rom which they were exported, the Comptroller of Customs 
may also require the importer to state such facts as he or she may think necessary to determine 
that question so far as regards those other matters and to furnish them in such form as he or she 
may r equire with proof of any statement so made ; and if such proof is not furnished to his or her 
satisfaction or the required facts are not stated, those facts shall be deemed for the purposes of 
duty under this Act to be such as he or she may determine.  
8. Ascer tainment of export price.  
In relation to goods imported into the State the export price from the country in which the 
goods originated or from which they were exported shall be determined as follows:  
(a) if the goods are imported under a contract of sale w hich is a sale in the open 
market between buyer and seller independent of each other and the Minister 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 pric e on that sale 
subject to a deduction for the cost of insurance and 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 t he 
port or place of export, except so far as any such costs, charges or expenses have 
to be met separately by the purchaser;  
(b) if paragraph (a) of this section does not apply, the Minister 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 he or she may select with such 
adjustments as may appear to him or her to be proper.  
[Amended by Act 7/1976]  
9. Ascertainment of fair market price.  
The fair market price of any goods in a country shall, for the purposes of this Act, be 
determined as follows:  
 (a) 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 iden tical or comparable goods) are being sold in the ordinary course of 
trade in the said country for consumption or use there, but subject to any 
necessary adjustments whether for differences in conditions and terms of 
sale, for differences in taxation or oth erwise, which may be required for the 
purpose of ensuring that the comparison between the fair market price and 
the export price is effectively a comparison between the prices on two similar 
sales;  
 (b) if it appears to the Minister that goods of that desc ription 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 (a), the fair market price 
shall be determined by the Minister by reference to any price obtained for 
goods of that description when exported from the said country, with 
adjustments made for the purpose mentioned in paragraph (a), or, if the 
Minister thinks fit, by reference to the cost or estimated cost of production G/ADP/N/1/KNA/1 • G/SCM/N/1/KNA/1  
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  of the goods the dumping of which is in q uestion, with such additions in 
respect of selling cost and profit as may appear to the Minister to be proper;  
 (c) 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. 
[Amended by Act 7/1976]  
10. Construction of references to country of origin, etc.  
(1) Goods shall be regarded, for the purposes of this Act, as having originated in a count ry 
(a) if those goods were wholly produced in that country;  
(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 go ods last left that country (but before the import of 
the goods into the State) was less than twenty -five per cent  of the cost of 
production 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 those components or materials last left 
that country to convert those components or materials into the goods as impor ted 
into the State 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, o r 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 Minister in the price by reference to which the export price is to be ascertained shall 
include a deduction for the cost of carrying 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.  
(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.  
[Amended by Act 7/1976]  
11. Regulations.  
The Minister 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 sta ge 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.  
[Amended by Act  7/1976]  
 
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