G/ADP/N/1/MUS/3  
G/SCM/N/1/MUS/3  
 
25 March 2019  
(19-1802) Page: 1/27 
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  
MAURITIUS  
The following communication, dated 8 March  2019, is being circulated at the request of the 
delegation of Mauritius . 
 
_______________  
TRADE (ANTI -DUMPING AND COUNTERVAILING M EASURES)  ACT 2010  
 
ACT 1 OF 2010  
 
 
ARRANGEMENT OF CLAUSES  
 
 
 PART I – PRELIMINARY  
1. Short title  
2. Interpretation  
3. Application of Act  
 PART II – DETERMINATION OF 
DUMPING  
4. Dumped product  
5. Imposition of anti -dumping measures  
6. Determination of normal value based on 
prices in country of export or origin  
7. Determination of normal value based on 
export price to a third country or on 
constructed value  
8. Sales below cost  
9. Calculation of costs  
10. Non-market economies  
11. Determination of export price  
12. Comparison between normal value and 
the export price  
13. Comparison methods  
14. Currency conversion  
15. Individual dumping margin  
PART III – SUBSIDISATION AND 
COUNTERVAILING MEASURES  
16. Imposition of countervailing measures  
PART IV – DETERMINATION OF 
INJURY AND OF CAUSAL LINK  
17. Determination of Injury  
 18. Examination of volume of dumped or 
subsidised imports and their effects on 
prices  
19. Cumulation  
20. Examination of import of dumped or 
subsidised imports on domestic industry  
21. Threat of material injury in respect of 
dumped imports  
22. Determination of threat of material 
injury in respect of sub sidised imports  
23. Causal link  
 PART V – INITIATION OF 
INVESTIGATIONS  
24. Application by domestic industry  
25. Evidence and information required in 
application  
26. Publication of application  
27. Withdrawal of application before 
initiation  
28. Initiation of investigation  
29. Domestic industry  
30. Self-initiation  
31. Negligible infringement  
32. Public notification of initiation  
33. Disclosure of application  
 PART VI – CONDUCT OF 
INVESTIGATIONS  
34. Duration of investigations  
 G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  35. Customs clearance  
36. Confidentiality  
37. Reliance on information available  
38. Register of investigations  
 PART VII – INVESTIGATION 
PROCEDURES  
39. Time frame  
40. Gathering of information  
41. Preliminary written arguments  
42. Preliminary determination  
43. Disclosure after preliminary 
determination  
44. Offer of price undertaking  
45. Acceptance of undertaking  
46. Notification of undertaking  
47. Continuation of investigation  
48. Violation of undertaking  
49. Review of price undertaking  
50. Verification of information  
51. Written arguments  
52. Hearings  
53. Contributions by industrial users and 
representative consumer organisations  
54. Essential facts  
55. Final determination  
56. Disclosure  
PART VIII – CONCLUSION OF 
INVESTIGATION  
57. Withdrawal of application  
58. Termination for insufficient evidence, 
de minimis  or negligible volume  
59. Public notice of conclusion of an 
investigation without imposition of 
measures   PART IX – PROVISIONAL MEASURES  
60. Imposition of provisional measures  
61. Form of provisional measures  
62. Duration of application of provisional 
measures  
PART X – IMPOSITION AND 
COLLECTION OF AN TI-DUMPING 
AND COUNTERVAILING DUTIES  
63. Public interest and lesser duty rule  
64. Amount of duty  
65. Refund of duties paid in excess of 
dumping margin or rate of subsidisation  
66. Suspension  
67. Application of measures  
68. Retroactive application of definitive 
 duties  
69. Security  
PART XI – DURATION AND REVIEW 
OF ANTI -DUMPING, 
COUNTERVAILING DUTIES AND 
PRICE UNDERTAKINGS  
70. Sunset review  
71. Review for change of circumstance s 
PART XII – INSTITUTIONAL 
ARRANGEMENTS AND REVIEW  
72. Investigating Authority  
73. Functions and powers of Investigating 
Authority  
74. Appeal by judicial review  
 PART XIII – MISCELLANEOUS  
75. Offences  
76. Jurisdiction  
77. Regulations  
78. Commencement  
 
_______________  
PART I – PRELIMINARY  
1. Short title  
This Act may be cited as the Trade (Anti -Dumping and Countervailing Measures) Act 2010.  
2. Interpretation  
In this Act, unless the context otherwise requires  – 
"de minimis ", in – 
(a) a dumping investigation,  means a margin of less that 2 per cent expressed as a 
percentage of the export price, or less than 3 per cent expressed as a percentage of 
the total volume of imports;  
(b) a subsidy investigation, means a subsidy of less than one per cent ad valorem  or, 
where the investigation concerns a product from a developing country, 2 per cent 
ad valorem ; 
"Director " means the Director, Trade Policy, International Trade Division of the Ministry;  
"dumping margin" means the difference between the export price and the no rmal value;  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  "export price " means the price at which a like product is introduced into the commerce of 
Mauritius;  
"government ", in relation to any country other than Mauritius, means the government of 
that country and includes any provincial, state, municip al or other local or regional 
government in that country or any person, agency or institution acting for, or on behalf of, 
or under, the authority of any law passed by those governments;  
"injury" means material injury to a Mauritian industry, threat of mat erial injury to a Mauritian 
industry or material retardation of the establishment of a Mauritian industry;  
"interested party'' means – 
(a) the exporter or foreign producer of the investigated product;  
(b) the importer of the investigated product;  
(c) a trade or business association, a majority of the members of which are producers, 
exporters or importers of the investigated product;  
(d) the government of the exporting country;  
(e) the producer of the domestic like product in Mauritius;  
(f) a trade and business association, a majority of the members of which produce the 
domestic like product in Mauritius;  
(g) a labour union or other organisation representing the interests of workers in the 
domestic industry;  
(h) a consumer association;  
(i) an industrial user of the investigated product;  
(j) any other natural or legal person who has indicated an interest in participating in 
the investigation and any other person whom the Investigating Authority determines 
to have sufficient interest in the outc ome of the investigation;  
"investigated product" means the product subject to a dumping or subsidy investigation as 
described in the notice of initiation of the investigation;  
"Investigating Authority " means the Investigating Authority referred to in section  72; 
"like product " means a product which is identical or alike in all respects to the investigated 
product, or in the absence of such a product, another product which, although not alike in 
all resp ects, has characteristics closely resembling those of the investigated product;  
"Minister " means the Minister to whom responsibility for the subject of international trade is 
assigned;  
"Ministry " means the Ministry responsible for the subject of internatio nal trade;  
"negligible " means the volume of dumped imports of an investigated product from a 
particular country which is found to account for less than 3 per cent of total imports of the 
investigated and like product in Mauritius, unless imports of the inv estigated product from 
all countries under investigation which individually account for less than 3 per cent of the 
total imports of the investigated and like product in Mauritius collectively account for more 
than 7 per cent of imports of the investigated  and like product in Mauritius;  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  "normal value " means the price at which a like product is sold when destined for consumption 
in an exporting country;  
"ordinary course of trade " means those commercial transactions which reflect market 
conditions in the coun try of export and which have been customarily conducted within a 
representative period between independent buyers and sellers;  
"producer ", in a dumping or subsidy investigation, shall be deemed to be related to exporters 
or importers, where – 
(a) one of th em directly or indirectly controls the other;  
(b) both of them are directly or indirectly controlled by a third person; or  
(c) together they directly or indirectly control a third person ; 
provided that there are grounds for believing or suspecting that the  effect of the relationship 
is such as to cause the producer concerned to behave differently from non -related producers, 
and one shall be deemed to control another when the former is legally or operationally in a 
position to exercise restraint or direction  over the latter;  
"retardation " means retardation of the establishment of a domestic industry;  
"specific subsidy " means a subsidy which is specific to an enterprise, group of enterprise, 
industry or group of industry;  
"subsidy " means – 
(a) a financial contribution by a government of a country other than Mauritius that 
confers a benefit to persons engaged in the production, manufacture, growth, 
processing, purchase, distribution, transportation, sale, export or import of goods 
but does not include the am ount of any duty or internal tax imposed on goods by 
the government of the country of origin or country of export from which the goods, 
because of their exportation, have been exempted or have been or will be relieved 
by means of a refund or drawback; or  
(b) any form of income or price support within the meaning of Article  XVI of the General 
Agreement on Tariffs and Trade, 1994, that confers a benefit.  
3. Application of Act  
(1) This Act shall apply to any investigation into a dumped or subsidised product.  
(2) This Act shall apply to any investigation initiated on or before the commencement of 
this Act.  
(3) The enforcement and collection of duties under this Act shall be a function of the 
Customs Department of the Mauritius Revenue Authority.  
PART II – DETERM INATION  OF DUMPING  
4. Dumped product  
For the purposes of this Act, a product shall be deemed to be dumped where it is imported 
into Mauritius at a price which is less than its normal value.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  5. Imposition of anti -dumping measures  
The Investigating Authority  may impose anti -dumping measures on products imported into 
Mauritius where it is determined pursuant to an investigation initiated and conducted in accordance 
with this Act, that – 
(a) the investigated product is dumped;  
(b) there is injury to the domestic industry; and  
(c) there is a causal link between the dumped product and injury to the domestic 
industry.  
6. Determination of normal value based on prices in country of export or origin  
(1) The Investigating Authority shall determine the normal val ue of the investigated 
product on the basis of the comparable price paid or payable, in the ordinary course of trade, for 
sales of the like product when destined for consumption in the exporting country.  
(2) Notwithstanding subsection (1), the Investigatin g Authority may determine the 
normal value on the basis of comparable price paid or payable, in the ordinary course of trade for 
sales of the like product when destined for consumption in the country of origin where – 
(a) the investigated product is merely  trans-shipped through the country of 
export;  
(b) the investigated product is not produced in the country of export;  
(c) there is no comparable price in the country of export.  
7. Determination of normal value based on export price to a third country or on 
constructed value  
(1) Where there are no sales of the like product in the ordinary course of trade in the 
domestic market of the exporting country, or where such sales do not permit a proper comparison 
due to a particular market situation or the low volume  of the sales in the domestic market of the 
exporting country, the Investigating Authority shall determine the normal value of the investigated 
product on the basis of – 
(a) a comparable price of the like product when exported to an appropriate third 
count ry provided that this price is representative; or  
(b) the cost of production in the country of origin plus a reasonable amount for 
administrative, selling and general costs and for profits.  
(2) For the purposes of subsection (1), any sale of the like produ ct destined for 
consumption in the domestic market of the exporting country, or sale to an appropriate third country, 
shall be considered to be a sufficient quantity for the determination of the normal value where such 
sales constitute not less than 5 per cent of the sales of the investigated product to Mauritius.  
(3) Notwithstanding subsection (2), the Investigating Authority shall apply a lower ratio 
where it is satisfied, based on the evidence submitted by any interested party or otherwise available 
that sales at such lower ratio are of sufficient magnitude to provide for a proper comparison.  
8. Sales below cost  
(1) (a) The Investigating Authority may treat any sale of the like product in the 
domestic market of the exporting country, or sales to a third country at prices below unit cost of 
production including administrative, selling and general costs as not being in the ordinary course of 
trade by reason of price.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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   (b) For the purposes of paragraph (a), unit cost of production shall include both 
fixed an d variable costs of production.  
(2) The Investigating Authority may, for the purposes of subsection (1), disregard such 
sales in determining the normal value where such sales were made  – 
(a) within an extended period of time of not less than 6 months and n ot more 
than one year;  
(b) in substantial quantities; and  
(c) at prices which do not provide for the recovery of all costs within a reasonable 
period of time.  
(3) For the purposes of this section, sales below cost shall be considered as made in 
substantial  quantities where – 
(a) the weighted average selling price of the transaction under consideration for 
the determination of the normal value is below the weighted average cost; 
or 
(b) the volume of sales below cost represents not less than 20 per cent of th e 
volume sold in transaction under consideration for the determination of the 
normal value.  
(4) Where prices which are below cost at the time of sale are above the weighted 
average cost for the period of investigation, the Investigating Authority shall con sider such prices as 
providing for recovery of costs within a reasonable period of time.  
9. Calculation of costs  
(1) The Investigating Authority shall calculate costs on the basis of  records kept by the 
exporter or producer under investigation, provided that such records are in accordance with 
generally accepted accounting principles of the exporting country and reasonably reflect the costs 
associated with the production and sale of t he like product.  
(2) The amount for administrative, selling and general costs and for profits shall be 
based on actual data pertaining to production and sales in the ordinary course of trade of the like 
product by the exporter or producer under investigati on. 
(3) Where the amount of costs and profits cannot be calculated under subsection (2), 
the amount may be determined on the basis of  – 
(a) the actual amount incurred and realized by the exporter or producer in 
respect of production and sales in the domestic market of the country of 
origin of the same general category of products;  
(b) the weighted average of the actual amounts incurred and realised by other 
exporters or producers subject to investigation in respect of production and 
sales of the like product in the domestic market of the country of origin; or  
(c) any other reasonable method, provided that the amount for profit so 
established does not exceed the profit normally realised by other exporters 
or producers on sales of products of the same ge neral category in the 
domestic market of the country of origin of the like product.  
(4) The Investigating Authority shall consider all available evidence on the proper 
allocation of costs, including that which is made available by the exporter or producer in the course 
of the investigation provided that such allocations have been historically utilised by the exporter or 
producer, in relation to establishing appropriate amortization and depreciation periods and 
allowances for capital expenditures and other d evelopment costs.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (5) Unless already reflected in the cost allocations under this section, the Investigating 
Authority shall adjust costs appropriately for non -recurring items of cost which benefit future or 
current production, or for circumstances in whic h costs during the period of investigation are affected 
by start -up operations.  
(6) The adjustment made for start -up operations shall reflect the costs at the end of the 
start-up period or where that period extends beyond the period of investigation, the m ost recent 
costs which can reasonably be taken into account by the Investigating Authority during the 
investigation.  
10. Non-market economies  
Where the exporter of an investigated product is an exporter from a non -market economy 
country, the Investigating Authority may, if it considers the methodology for determining normal 
value to be inappropriate, determine the normal value on the basis of  – 
(a) the comparable price paid or payable, in the ordinary course of trade, for sales of 
the like product when dest ined for consumption in an appropriate market economy 
country;  
(b) the comparable price paid or payable, in the ordinary course of trade, for exports of 
the like product from an appropriate market economy country to other countries, 
including Mauritius;  
(c) the price actually paid or payable in Mauritius for the domestic like product, duly 
adjusted where necessary to include a profit margin corresponding to the margin to 
be expected under the existing economic circumstances for the sector concerned; or  
(d) any other reasonable method.  
11. Determination of export price  
(1) Save as provided for in subsections (2) and (3), the export price shall be the price 
actually paid or payable for the investigated product when sold for export from the exporting country 
to Mauritius.  
(2) Where there is no export price or where it appears to the Investigating Authority 
that the export price is unreliable due to an association or a compensatory arrangement between 
the exporter and the importer or a third party, the export pri ce may be determined  – 
(a) on the basis of the price at which the imported products are first resold to 
an independent buyer; or  
(b) where the products are not resold to an independent buyer, or not resold in 
the condition as imported, on such reasonable basis as the Investigating 
Authority may consider appropriate.  
(3) Where the Investigating Authority determines the normal value on the basis of the 
country of origin pursuant to section 6(2), the export price shall be the price actually paid or payable 
for the investigated product when sold for export in the country of origin.  
12. Comparison between normal value and the export price  
(1) The Investigating Authority shall make a fair comparison between the export price 
and the normal value 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, due allowance being made in each case, on its 
own merits, for differences which affect price comparability, including differences in conditio ns and 
terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences 
which are demonstrated by interested parties to affect price comparability.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (2) Where the export price is determined under section 11(2)(a), th e Investigating 
Authority shall make allowances for costs, including duties and taxes, incurred between importation 
and resale, and such reasonable amount for profits.  
(3) Where price comparability has been affected on an application of subsection (2), the  
Investigating Authority shall determine the normal value at a level of trade equivalent to the level 
of trade of the determined export price, or shall make due allowance as may be warranted under 
this section.  
(4) The Investigating Authority shall indicat e to any interesting party the type of 
information which is necessary to ensure a fair comparison and shall not impose an unreasonable 
burden of proof.  
13. Comparison methods  
(1) Subject to section 12, the existence of dumping margins shall be determined o n the 
basis of a comparison of a weighted average normal value with a weighted average of prices of all 
comparable export transactions or by a comparison of normal value and export prices on a 
transaction -to-transaction basis.  
(2) A normal value determined  on a weighted average basis may be compared to prices 
of individual export transactions where the Investigating Authority considers that a pattern of export 
prices differs significantly among different purchasers, regions or time period.  
(3) For the purpo ses of subsection (2), the Investigating Authority shall state the 
reasons for which such differences cannot be taken into account appropriately by the use of a 
weighted average -to-weighted average or transaction -to-transaction comparison.  
14. Currency con version  
(1) When the price comparison under sections 12 and 13 requires a conversion of 
currency, the Investigating Authority shall make such conversion based on the rate of exchange on 
the date of sale.  
(2) The date of sale shall be the date of contract, purchase order, order confirmation, or 
invoice, whichever establishes the material terms of sale.  
(3) Notwithstanding subsections (1) and (2), where a sale of foreign currency on forward 
markets is used in direct relation to an export sale, the Investigati ng Authority shall use the rate of 
exchange in the forward sale for all the related transactions.  
(4) The Investigating Authority shall not take into account fluctuations in exchange 
rates, and shall allow an exporter not less than 60 days for the export p rice to be adjusted to reflect 
sustained movements in exchange rates during the period of investigation.  
15. Individual dumping margin  
(1) The Investigating Authority shall determine an individual dumping margin for each 
known exporter or producer of an investigated product.  
(2) Notwithstanding subsection (1), where the number of exporters, producers, 
importers or type of products involved is so large as to make it impracticable to determine an 
individual dumping margin for each known exporter or producer  of an investigated product, the 
Investigating Authority may limit its examination to – 
(a) a reasonable number of interested parties or investigated products by using 
samples which are statistically valid on the basis of information available at 
the time of the selection; or  
(b) to the largest percentage of the volume of the exports from the country 
under reference which can reasonably be investigated.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (3) Any selection of exporter, producer, importer or type of products made under this 
section shall be made after consultation with the exporter, producer or importer.  
(4) Notwithstanding subsections (2) and (3), the Investigating Authority shall determine 
an individual dumping margin for any exporter or producer who voluntarily submits the necessary 
inform ation in time for that information to be considered during the course of the investigation.  
(5) For the purposes of subsection (4), where the number of exporters or producers is 
so large that individual examinations would be unduly burdensome to the Invest igating Authority 
and prevent the timely completion of the investigation, the Investigating Authority may decline to 
determine an individual dumping margin on the basis of such voluntary responses and limit their 
examination to the exporters and producers in the sample.  
PART III – SUBSIDISA TION AND COUNTERVAIL ING MEASURES  
16. Imposition of countervailing measures  
(1) The Investigating Authority may impose countervailing measures on products 
imported into Mauritius where it is determined, pursuant to an inve stigation initiated and conducted 
in accordance with this Act, that  – 
(a) the investigated product is subsidised;  
(b) there is injury to the domestic industry; and  
(c) there is a causal link between the subsidised imported product and injury to 
the domesti c industry.  
(2) No countervailing duty shall be imposed on any imported product in excess of the 
total rate of subsidisation of the investigated product from the subsidy or subsidy program found to 
exist in terms of subsidisation per unit of the subsidised  and exported product.  
(3) Only specific subsidy shall be subject to countervailing duties.  
(4) The determination of the existence of the prohibited or actionable subsidy and the 
amount of the subsidy shall be established in such manner as may be prescribe d. 
(5) For the purposes of this section, a subsidy shall be deemed to exist where there is a 
financial contribution by a government or public body within the territory of a country.  
PART IV – DETERMINAT ION OF INJURY AND OF  CAUSAL LINK  
17. Determination of Injury  
A determination of injury for the purposes of sections 5 and 16 shall be based on positive 
evidence and involve an objective examination of  – 
(a) the volume of the dumped or subsidised imports;  
(b) the effect of the dumped or subsidised imports on prices in the domestic market for 
like products; and  
(c) the consequent impact of those imports on domestic producers of such products.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  18. Examination of volume of dumped or subsidised imports and their effects on prices  
(1) With regard to the volume of i mports, the Investigating Authority shall consider 
whether there has been a significant increase in dumped or subsidised imports, as the case may be, 
in absolute terms or relative to the production or consumption in Mauritius.  
(2) With regard to the effect  on the prices of imports, the Investigating Authority shall 
consider whether  – 
(a) there has been a significant price undercutting by the dumped or subsidised 
imports as compared with the price of the domestic like product; or  
(b) the effect of such impor ts is otherwise to depress prices to a significant 
degree or prevent price increases, which otherwise would have occurred, to 
a significant degree.  
(3) Notwithstanding subsections (1) and (2), the Investigating Authority may consider 
such other factors as it deems relevant or necessary in examining the volume of dumped or 
subsidised imports and their effects on prices.  
19. Cumulation  
Where imports of a like product from more than one country are the subject of simultaneous 
anti-dumping or countervailing dut ies investigations, the Investigating Authority may cumulatively 
assess the effects of such imports on the domestic industry only if it is determined that  – 
(a) the amount of dumping or the rate of subsidisation established in relation to the 
investigated product from each country is more than de minimis and the volume of 
the investigated product imported from each country is not negligible as defined 
under section 2; and  
(b) a cumulative assessment of the effects of the imports is appropriate in the light of 
the conditions of competition between the imports and the conditions of competition 
between the imports and the domestic like product.  
20. Examination of import of dumped or subsidised imports on domestic industry  
(1) The examination of the impact of du mped imports on the domestic industry shall, 
subject to subsection (2), include an evaluation by the Investigating Authority of all relevant 
economic factors and indices having a bearing on the state of the industry, including  – 
(a) actual and potential de cline in sales, profits, output, market share, 
productivity, return on investments, or utilisation of capacity;  
(b) factors affecting domestic prices;  
(c) the magnitude of the dumping margin; and  
(d) actual and potential negative effects on cash flow, inve ntories, employment, 
wages, growth, ability to raise capital or investments.  
(2) In the case of agricultural imported products, the Investigating Authority shall, in 
respect of an examination of the impact of subsidised imports on the domestic industry, co nsider 
whether there has been an increased burden on government support programmes.  
(3) The Investigating Authority shall assess the effect of the dumped imports or 
subsidised imports in relation to the production of the domestic like product when availabl e data 
allows the separate identification of that production on the basis of, inter alia , the production process 
and the producers' sales and profits.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (4) Where a separate identification of the production of domestic like product is not 
possible, the Investigating Authority shall assess the effects of the dumped imports or subsidised 
imports by an examination of the production of the narrowest group or range of products including 
the domestic like product, for which the necessary information may be pro vided.  
21. Threat of material injury in respect of dumped imports  
In making a determination regarding the existence of a threat of material injury in relation 
to dumped imports, the Investigating Authority shall consider  – 
(a) any significant rate of incre ase of dumped imports into the domestic market 
indicating the likelihood of substantially increased importations;  
(b) sufficient freely disposable or an imminent, substantial increase in capacity of the 
exporter indicating the likelihood of substantially i ncreased dumped exports to the 
domestic market, taking into account the availability of other export markets to 
absorb any additional exports;  
(c) whether imports are entering at prices which have a significant depressing or 
suppressing effect on domestic prices, and are likely to increase demand for further 
imports; and  
(d) inventories of the investigated products.  
22. Determination of threat of material injury in respect of subsidised imports  
In making a determination regarding the existence of a threat o f material injury in relation 
to subsidised imports, the Investigating Authority shall consider, in addition to sections 18 and 20, 
the following  – 
(a) the nature of the subsidy in question and the trade effects likely to arise therefrom;  
(b) the significant rate of increase of subsidised imports into the domestic market 
indicating the likelihood of substantially increased importations;  
(c) sufficient freely disposable, or an imminent, substantial increase in, capacity of the 
exporter indicating th e likelihood of substantially increased subsidised exports to the 
domestic market, taking into account the availability of other export markets to 
absorb any additional exports;  
(d) whether imports are entering at prices which have a significant depressing  or 
suppressing effect on domestic prices, and are likely to increase demand for further 
imports; and  
(e) inventories of the investigated products.  
23. Causal link  
(1) The Investigating Authority shall demonstrate that the dumped or subsidised imports 
have, through the effects of dumping or subsidisation, caused injury to the domestic industry.  
(2) The causal link between the dumped or subsidised imports and the injury to the 
domestic industry shall be based on an examination of all relevant evidence before  the Investigating 
Authority.  
(3) The Investigating Authority shall examine any known factor other than the dumped 
or subsidised imports which at the same time are injuring the domestic industry, and the injuries 
caused by those factors shall not be attrib uted to the dumped imports.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (4) The factors referred to in subsection (3) shall include  – 
(a) the volume and prices of imports not sold at dumping prices or non -
subsidised imports of the product in question;  
(b) contraction in demand or changes in the patt erns of consumption;  
(c) trade restrictive practices of and competition between the foreign and 
domestic producers;  
(d) developments in technology; and  
(e) the export performance and productivity of the domestic industry.  
PART V – INITIATION OF INVESTIGATIONS  
24. Application by domestic industry  
(1) An investigation under this Part may be initiated by the Investigating Authority upon 
receipt of a written application by, or on behalf of, a domestic industry.  
(2) An application under subsection (1)  shall include evidence of  – 
(a) dumping or subsidy;  
(b) injury; and  
(c) causal link.  
25. Evidence and information required in application  
An application under section 24 shall contain the following  – 
(a) the name, address and telephone number of the appli cant; 
(b) the identity of the domestic industry by, or on behalf of, which the application is 
being made, including the names, addresses and telephone numbers of all other 
known producers in the domestic industry;  
(c) information relating to the degree of the domestic industry’s support for the 
application, including – 
(i) the total volume and value of domestic production of the domestic like 
product; and  
(ii) the volume and value of the domestic like product produced by the applicant 
and by each domestic p roducer identified;  
(d) a complete description of the allegedly dumped product, including the technical 
characteristics and uses of the product and its current tariff classification number;  
(e) the country in which the allegedly dumped or subsidised produc t is manufactured or 
produced and, where it is imported from a country other than the country of 
manufacture or production, the intermediate country from which the product is 
imported;  
(f) the name and address of each person the applicant believes sells th e allegedly 
dumped or subsidised product and the proportion of total exports to Mauritius that 
person accounted for during the most recent twelve -month period;  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (g) in relation to an allegedly dumped product  – 
(i) (A) information on prices at which the product in question is sold when 
destined for consumption in the domestic market of the country of 
export or origin;  
(B) where appropriate, information on the prices at which the product is 
sold from the country of export or origin to a third country or on the 
constructed value of the allegedly dumped product and information 
on export prices; or  
(C) where appropriate, on the prices at which the allegedly dumped 
product is first resold to an independent buyer in Mauritius, and on 
any allowable adjustment; and  
(ii) information on the evolution of the volume of the allegedly dumped imports, 
the effect of those imports on prices of the domestic like product in the 
domestic market and the consequent impact of the imports on the domestic 
industry, as demonstrated by relev ant factors and indices having a bearing 
on the state of the domestic industry, and information on the existence of a 
causal link as provided under section 23.  
(h) in relation to an allegedly subsidised product  – 
(i) evidence with regard to the existence, amount and nature of the subsidy; 
and 
(ii) evidence that the alleged injury to a domestic industry is caused by 
subsidised imports through the effects of the subsidy.  
26. Publication of application  
(1) The Investigating Authority shall avoid, unless a decision has been made to initiate 
an investigation, any publicity on the application for the initiation of an investigation.  
(2) Notwithstanding subsection (1), the Investigating Authority shall, upon receipt of an 
application under section 24, promptly n otify the government of each exporting country concerned.  
27. Withdrawal of application before initiation  
A domestic industry may, after making an application under section 24, at any time prior to 
the initiation of an investigation, withdraw the application.  
28. Initiation of investigation  
(1) The Investigating Authority shall examine the accuracy and adequacy of the evidence 
provided in the application to determine whether there is sufficient evidence to justify the initiation 
of an investigation . 
(2) The Investigating Authority may seek additional information from the applicant 
before deciding whether to initiate an investigation.  
(3) Where the Investigating Authority determines that  – 
(a) the application is made by, or on behalf of, the domestic  industry; and  
(b) there is sufficient evidence of dumping, injury and causal link or subsidy,  
the Investigating Authority may initiate an investigation.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (4) Where the Investigating Authority does not consider it appropriate to initiate an 
investigation, it shall notify, in writing, the applicant of the reasons for not initiating the investigation.  
(5) The Investigating Authority shall, within 60 days of the date of receipt of a written 
application, decide whether or not to initiate an investigation.  
29. Domestic industry  
(1) For the purposes of this Act, an application shall be considered to have been made 
by, or on behalf of, the domestic industry where  – 
(a) it is supported by those domestic producers whose collective output 
constitutes more than 50 per cent of the total production of the domestic like 
product produced by that portion of the domestic industry expressing either 
support for, or opposition to, the application; and  
(b) the domestic producers expressly supporting the application account for no t 
less than 25 per cent of the total production of the domestic like product 
produced by the domestic industry.  
(2) In the case of fragmented industries involving an exceptionally large number of 
producers, the Investigating Authority may determine support  and opposition to the application by 
using a statistically valid sampling technique.  
30. Self initiation  
(1) Notwithstanding section 24, the Investigating Authority may, on its own initiative, 
initiate an investigation without having received a written ap plication by, or on behalf of, the 
domestic industry for the initiation of such investigation.  
(2) Where the Investigating Authority initiates an investigation under subsection (1), it 
shall proceed with the investigation where there is sufficient evidence  of dumping or subsidy, injury 
and causal link.  
31. Negligible infringement  
The Investigating Authority shall not initiate an investigation where, from information 
reasonably available, it determines that  – 
(a) there is insufficient evidence of dumping or subsidisation, injury, or causal link;  
(b) the volume of imports of the allegedly dumped product or the actual or potential 
volume of subsidised product from a country into Mauritius is negligible; or  
(c) the dumping margin or the rate of subsidisation is de minimis.  
32. Public notification of initiation  
(1) Where the Investigating Authority decides to initiate an investigation, it shall  – 
(a) notify the initiation of an investigation to the exporters, importers and 
representative associations of importers or exporters known to the 
Investigating Authority to be concerned, as well as representatives of the 
exporting country, the complainant and other interested party known to the 
Investigating Authority to have an interest therein; and  
(b) give public notice of its decision.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (2) The notification and public notice of the initiation of an investigation under subsection 
(1) shall contain  – 
(a) the name of the country of export, and the country of origin, of the 
investigated product;  
(b) a complete description of the investigated product, including the technical 
characteristics and uses of the product and its current tariff classification 
number;  
(c) a description of the alleged dumping or subsidy practice to be investigated;  
(d) a summary of the factors on which t he allegations of injury and causal link 
are based;  
(e) the address where information and comments may be submitted;  
(f) the date of initiation of the investigation; and  
(g) the proposed schedule for the investigation.  
(3) The initiation shall be effective on the date of the publication of the notice in the 
Gazette.  
33. Disclosure of application  
(1) Subject to section 36, the Investigating Authority shall, as soon as the investigation 
is initiated, provide the full text of t he written application under section 24 to  – 
(a) the known exporters, foreign producers and to the authorities of the 
exporting country; and  
(b) any other interested party, upon request.  
(2) Notwithstanding subsection (1), where the number of exporters inv olved is 
particularly high, the Investigating Authority may provide a copy of the written application to the 
relevant trade association of the exporting country.  
PART VI – CONDUCT OF  INVESTIGATIONS  
34. Duration of investigations  
The Investigating Authority  shall conclude an anti -dumping investigation or subsidy 
investigation within one year, and in no case not later than 18 months after the date of initiation of 
investigation.  
35. Customs clearance  
An anti -dumping or countervailing investigation or proceedings shall not hinder the 
procedures of customs clearance.  
36. Confidentiality  
(1) The Investigating Authority shall, upon good cause shown, keep confidential 
information which  – 
(a) by nature is confidential;  
(b) if disclosed would be of significan t competitive advantage to a competitor;  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (c) if disclosed could have a significant adverse effect upon a person supplying 
the information or upon a person from whom the supplier acquired the 
information;  
(d) were provided on a confidential basis by parties  to an investigation.  
(2) The following types of information shall be deemed to be by nature confidential  – 
(a) business or trade secrets concerning the nature of a product, production 
processes, operations, production equipment, or machinery;  
(b) informat ion concerning the financial condition of a company which is not 
publicly available;  
(c) information concerning the costs, identification of customers, sales, 
inventories, shipments, or amount or source of any income, profit, loss or 
expenditure related to  the manufacture and sale of a product.  
(3) Any person who seeks confidentiality over certain information shall request such 
treatment at the time the information is submitted, including the reasons as to why confidential 
treatment is warranted.  
(4) The In vestigating Authority shall consider a request made under subsection (3) 
expeditiously, and inform the party submitting the information where it determines that the request 
for confidential treatment is not warranted.  
(5) Notwithstanding subsection (3) but  subject to subsection (6), a person shall furnish 
non-confidential summary of all information for which confidential treatment is sought.  
(6) Where a person considers that information for which confidential treatment is sought 
is not susceptible of any su mmary, he shall submit a statement of the reasons why a summary is 
not possible.  
(7) Where the Investigating Authority is not satisfied of the request for a confidential 
summary, the Investigating Authority shall determine that the request for confidential  treatment is 
not warranted.  
37. Reliance on information available  
(1) Where, at any time during an investigation, any interested party  – 
(a) refuses access to, or otherwise does not provide, necessary information 
within such time as determined by the Inve stigating Authority; or  
(b) otherwise significantly impedes the investigation,  
the Investigating Authority may reach preliminary and final determinations, in the prescribed 
manner, on the basis of information available.  
(2) The Investigating Authority sha ll take due account of any difficulty encountered by 
any interested party, in supplying the information requested.  
38. Register of investigations  
(1) The Investigating Authority shall establish and maintain a register relating to each 
investigation or revi ew made under this Act.  
(2) The Investigating Authority shall record in the register  – 
(a) all public notices relating to the investigation or review;  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (b) all relevant materials, including questionnaires, responses to questionnaires, 
and written communicat ions submitted to it;  
(c) all other information developed or obtained by the Investigating Authority, 
including any verification report prepared pursuant to section 50; and  
(d) any other documents which the Investigating Authority deems appropriate 
for pub lic disclosure.  
(3) The register shall be available for consultation to the general public at the offices of 
the Investigating Authority at all times during the course of the investigation or review.  
PART VII – INVESTIGA TION PROCEDURES  
39. Time frame  
The Investigating Authority shall, after consultation with any known interested party, draw 
up a time -frame for an investigation which shall, except owing to circumstances beyond its control, 
be followed so as not to cause injustice to any party.  
40. Gathering  of information  
(1) The Investigating Authority shall send questionnaires to any person whom it believes 
may have information relevant to the investigation, including known domestic producers, importers, 
exporters and foreign producers.  
(2) (a) The Investi gating Authority shall, subject to subsection (3), give exporters 
and foreign producers not less than 30 days from the date of receipt of the questionnaire to reply to 
the questionnaire referred to in subsection (1).  
 (b) A questionnaire shall be deemed to  have been received by a party 7 days 
after it has been sent to that party or transmitted to the appropriate diplomatic representatives 
where the party is an exporting country.  
(3) Any person who receives a questionnaire may request for an extension of tim e and 
the Investigating Authority may grant an extension of time, upon good cause shown, taking into 
account the time limits for investigation.  
(4) The Investigating Authority may disregard any reply to a questionnaire that is not 
submitted within the time  provided and in the form requested.  
(5) The Investigating Authority, may, during the course of the investigation, request 
further information from any interested party.  
(6) A request made under subsection (5) shall state the date by which a reply shall be  
made.  
(7) Any interested party may, on its own initiative, submit in writing any information it 
considers relevant to the investigation.  
(8) The Investigating Authority shall consider such information submitted under 
subsection (7) unless such considerati on would be unduly burdensome to the Investigating Authority 
and disrupt the timely progress of the investigation.  
(9) The Investigating Authority shall base its assessment of dumping, injury and causal 
link on data relating to the period under investigati on. G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (10) For the purposes of this section  – 
(a) the period of investigation in the case of dumping shall cover a period of one 
year preceding the date of initiation of the investigation for which data are 
available;  
(b) the period of investigation for the case of subsidy shall cover a period of one 
year preceding the date of initiation of investigation;  
(c) in the case of injury, the period shall cover a period of 3 years.  
41. Preliminary written arguments  
Any interested party may submit written arguments to the Investigating Authority not later 
than 15 days before the scheduled date of the preliminary determination, concerning any matter 
relevant to the investigation.  
42. Preliminary determination  
(1) The Investigating Authority shall make a preliminary de termination of an 
investigation of dumping or subsidy, injury and causal link at least 60 days but not later than 250 
days after initiation of the investigation.  
(2) A preliminary determination shall be based on all information available to the 
Investigati ng Authority at the time of the investigation.  
(3) The Investigating Authority shall give public notice of the preliminary determination.  
(4) The notice of preliminary determination shall provide for the findings and 
conclusions, due regard being given to the requirement for protection of confidential information and 
shall include  – 
(a) the names of the known exporters and producers of the investigated product;  
(b) a description of the investigated product that is sufficient for customs 
purposes, including the current domestic tariff classification;  
(c) the amount of the dumping margin or subsidy, if any, found to exist, the 
basis of the determination and the methodology used in determining normal 
value, export price, and any adjustments made;  
(d) the factor s that have led to the determination of injury and causal link, 
including information on factors other than dumped imports or subsidised 
imports taken into account; and  
(e) the amount of any provisional measures to be applied and the reasons why 
such provi sional measures are necessary to prevent injury caused during the 
investigation.  
(5) A copy of the public notice shall be forwarded to the country exporting the 
investigated product and to any other interested party.  
43. Disclosure after preliminary determ ination  
The Investigating Authority shall, on request made by an exporter or producer of the 
investigated product and within 15 days of the publication of the preliminary determination, hold 
separate disclosure meetings with exporters or producers to expla in the dumping or subsidy 
calculation methodology preliminarily applied for that exporter or producer.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  44. Offer of price undertaking  
(1) (a) The Investigating Authority may suspend an investigation without the 
imposition of provisional measures, or anti -dumping or countervailing duties upon acceptance of the 
offer of an undertaking from an exporter to revise its prices or to cease exports at dumped or 
subsidised prices or take other measures concerning the injurious effects of the dumping or 
subsidisation.  
 (b) In case of subsidy, the undertaking may be given by the government of the 
exporting country.  
(2) Prices increases under an undertaking shall not be higher than necessary to eliminate 
the dumping or subsidisation and shall be less than the dumping margin or countervailing duties 
where the Investigating Authority determines that such lesser price increase would be adequate to 
remove the injury to the domestic industry.  
45. Acceptance of undertaking  
(1) The Investigating Authority shall not accept an undertaking  – 
(a) unless it has made a preliminary affirmative determination of dumping or 
subsidisation, injury and causal link; and  
(b) the undertaking has been made not less than 60 days before the proposed 
date of final determination.  
(2) Where the Inv estigating Authority declines to accept an undertaking, it shall provide 
to the exporter or, where appropriate, the government of the exporting country that offered the 
undertaking the reasons for its decision and shall provide the exporter or government a n opportunity 
to make written comments on the decision.  
(3) The Investigating Authority may require from any exporter or government from 
which an undertaking has been accepted periodical information relevant to the fulfilment of the 
undertaking and to perm it verification of pertinent data.  
46. Notification of undertaking  
(1) Where the Investigating Authority accepts an undertaking, it shall give public notice 
of its decision.  
(2) The public notice shall include the non -confidential part of the undertaking a nd set 
forthwith the findings and conclusions of the Investigating Authority.  
(3) A copy of the public notice referred to in this section shall be forwarded to the 
government of the country the products of which are the subject of such an undertaking and t o any 
other interested party.  
47. Continuation of investigation  
(1) Notwithstanding the fact that an undertaking has been accepted, the Investigating 
Authority may  – 
(a) upon the request of an exporter; or  
(b) where it thinks fit,  
complete the investigatio n. G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (2) Where the Investigating Authority makes a negative determination of dumping or 
subsidisation and injury, the undertaking shall automatically lapse except in cases where such a 
determination is due in large part to the existence of such undertaking.  
(3) Where a negative determination is due in large part to the existence of an 
undertaking, the Investigating Authority may require that such undertaking be maintained for a 
reasonable period of time to be determined by the Investigating Authority.  
(4) Where the Investigating Authority makes an affirmative determination of dumping 
or subsidisation and injury, the undertaking shall continue to be effective.  
48. Violation of undertaking  
(1) Where an undertaking is violated, the Investigating Authority may,  in conformity 
with the provisions of this Act, take expeditious actions which may constitute immediate application 
of provisional measures using the best information available.  
(2) Definitive duties may be levied in accordance with this Act on goods enter ed for 
consumption not more than 90 days before the application of such provisional measures, except that 
any such retroactive assessment shall not apply to imports entered before the violation of the 
undertaking.  
49. Review of price undertaking  
(1) The In vestigating Authority may require any party from whom undertakings have 
been accepted to provide information relevant to the fulfilment of the undertaking.  
(2) The Investigating Authority may, on its own initiative, and shall, when requested to 
do so by an  interested party, submit positive evidence justifying the need for a review, initiate a 
review of any undertaking given and accepted under this Part and shall complete that review within 
12 months of its initiation.  
(3) An undertaking given and accepted u nder this Part shall automatically lapse after 5 
years from the date that is the later of  – 
(a) the date of acceptance of the undertaking; or  
(b) where a review carried out under subsection (2) has been completed, the 
date of an initiation of that review, unless at that date the undertaking is 
subject to a review under subsection (2).  
50. Verification of information  
Except as provided for in section 37, the Investigating Authority shall, during the course of 
an investigation, satisfy itself of the accuracy of the information supplied by an interested party upon 
which its findings are based.  
51. Written arguments  
(1) In an investigation in which no hearing is requested, any interested party may 
submit, not later than 45 days before the date proposed for the f inal determination, written 
arguments concerning any matter it considers relevant to the investigation.  
(2) In an investigation in which a hearing is held, any interested party may submit not 
later than 10 days before the scheduled date of the hearing, wri tten arguments concerning any 
matter it considers relevant to the investigation.  
(3) Any interested party who participated in the hearing may, within 10 days of the 
hearing, submit further written arguments in response to arguments and information presente d at 
the hearing.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  52. Hearings  
(1) The Investigating Authority shall, upon request made by an interested party not later 
than 30 days after publication of the preliminary determination, fix a hearing at which all interested 
parties may submit information a nd arguments.  
(2) A hearing shall be held not later than 60 days prior to the date proposed for the final 
determination.  
(3) An interested party who intends to appear at the hearing shall notify the 
Investigating Authority, not less than 7 days before the date of the hearing of the names of 
representatives and witnesses who will attend the hearing.  
53. Contributions by industrial users and representative consumer organisations  
The Investigating Authority shall allow industrial users of the investigated prod uct in 
Mauritius, or representative consumer organisation, to provide information and submit in writing or 
orally on matters relevant to the investigation.  
54. Essential facts  
(1) After any hearing has been held and the Investigating Authority has completed 
verification of information collected in the course of the investigation and, in any event, not less 
than 30 days before the proposed date for the final determination, the Investigating Authority shall 
inform all interested parties, in writing, s ubject to the confidentiality requirements of section 36, of 
the essential facts under consideration which will form the basis for the decision whether to apply 
definitive measures.  
(2) Interested parties shall submit comments, if any, on information discl osed to them 
pursuant to this Article, in writing within 15 days of the disclosure.  
55. Final determination  
(1) The Investigating Authority shall make a final determination of dumping or subsidy, 
injury and causal link within 180 days of the preliminary de termination.  
(2) Subject to section 35, the final determination shall be based on all information 
obtained by the Investigating Authority during the course of the investigation.  
(3) The Investigating Authority shall give public notice of its final determin ation.  
(4) The notice of final determination shall provide all relevant information which has led 
to the determination and include  – 
(a) the names of the known exporters and producers of the investigated product;  
(b) a description of the investigated produ ct that is sufficient for customs 
purposes, including the tariff classification;  
(c) the amount of the dumping margin or subsidy, if any, found to exist, the 
basis of the determination, and the methodology used in determining normal 
value, export price, an d any adjustments made;  
(d) the factors that have led to the determination of injury and causal link, 
including information on factors other than dumped or subsidised imports 
that have been taken into account including, where appropriate  – 
(i) any other re asons leading to the final determination; and  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (ii) the reasons for the acceptance or rejection of relevant arguments or 
claims made by exporters and importers;  
(e) the amount of any anti -dumping duty or countervailing to be imposed, 
including any considerations relevant to the examination of the domestic 
interest and of whether a duty less than the dumping margin would be 
adequate to remove the injury to the domestic industry; and  
(f) the final anti -dumping duty or countervailing duty to be collect ed with regard 
to the imports to which provisional measures are applied.  
(5) A copy of the notice shall be forwarded to the country the products of which are 
subject to such determination and any interested party.  
56. Disclosure  
On completion of a final de termination, the Investigating Authority shall, on request made 
by the exporter or producer and within 15 days of the publication of the final determination, hold 
separate disclosure meetings with exporters or producers to explain the dumping or subsidy 
calculation methodology finally applied for that exporter or producer.  
PART VIII – CONCLUSI ON OF INVESTIGATION  
57. Withdrawal of application  
An application made under section 24 may be withdrawn at any time after an investigation 
has been initiated, in which  case the Investigating Authority shall terminate the investigation unless 
it determines that it is in the public interest to continue the investigation.  
58. Termination for insufficient evidence, de minimis  or negligible volume  
(1) An investigation shall be terminated at any time where the Investigating Authority 
is satisfied that there is insufficient evidence of dumping, subsidy, injury or causal link.  
(2) The Investigating Authority may terminate an investigation where it determines that 
the dumping mar gin or the amount of subsidy is de minimis , or that the volume of dumped or 
subsidised imports, actual or potential, or the injury, is negligible.  
59. Public notice of conclusion of an investigation without imposition of measures  
(1) The Investigating Auth ority shall issue a public notice of the conclusion of an 
investigation without imposition of measures.  
(2) The notice shall give in details the findings and conclusions reached on all issues of 
fact and law which the Investigating Authority considers mate rial including the matters of fact and 
law which led to arguments being accepted or rejected.  
PART IX – PROVISIONA L MEASURES  
60. Imposition of provisional measures  
The Investigating Authority may impose provisional measures where it makes preliminary 
deter mination of dumping or subsidy, injury and causal link, and considers that provisional measures 
are necessary to prevent injury being caused during the investigation.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  61. Form of provisional measures  
Any provisional measure taken under section 60 shall pro vide for a security, by cash deposit 
or bond, not greater than the estimated dumping margin or subsidy set forth in the notice of 
preliminary determination.  
62. Duration of application of provisional measures  
(1) A provisional measure shall apply for a per iod of not more than 6 months.  
(2) The Investigating Authority may, upon request by exporters representing a 
significant percentage of the trade involved, extend the period of application of provisional duties to 
a further period not exceeding 9 months.  
PART X – IMPOSITION AN D COLLECTION OF ANTI -DUMPING AND  
COUNTERVAILING DUTIE S 
63. Public interest and lesser duty rule  
(1) The Investigating Authority shall examine whether the imposition of anti -dumping 
duty or countervailing duty shall be in the interest of  Mauritius, due regard being given to the interest 
of the domestic industry, the situation of domestic competition for the product under investigation, 
the needs of industrial users and the interest of consumers.  
(2) The Investigating Authority shall exami ne whether a duty less than the full dumping 
margin shall be adequate to remove the injury to the domestic industry.  
(3) Where the Investigating Authority determines that a lesser duty shall be adequate 
to remove the injury, the amount of the final anti -dumping duty or countervailing duty imposed shall 
not exceed that lesser duty.  
64. Amount of duty  
(1) The amount of the anti -dumping or countervailing duties shall not exceed the 
dumping margin or the amount of subsidy as determined by the Investigating Auth ority.  
(2) An anti -dumping or countervailing duty shall take the form of ad valorem or specific 
duty. 
(3) An anti -dumping or countervailing duty shall be imposed in addition to import duty 
levied on the imported product.  
(4) An anti -dumping or countervaili ng duty shall be collected by the relevant department 
of the Mauritius Revenue Authority, on a non -discriminatory basis on imports of such product from 
all sources found to be dumped or subsidised and causing injury, except as to imports from those 
countri es from which a price undertaking is accepted under this Act.  
(5) Subject to subsection (6), the Investigating Authority shall establish an individual 
anti-dumping duty or countervailing duty for each known exporter or producer of dumped or 
subsidised impo rts. 
(6) Where the Investigating Authority limits its examination in accordance with section 
15, any anti -dumping duty or countervailing duty applied to imports from exporters or producers 
not included in the examination shall not exceed the weighted avera ge dumping margin or subsidy 
established with respect to the selected exporters or producers, provided that the Investigating 
Authority shall disregard any zero margin, and de minimis  margins and margins established under 
section 37.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (7) Except as otherwis e provided for in section 15, the Investigating Authority shall apply 
individual duty to imports from any exporter or producer, not included in the examination, who has 
provided the necessary information during the course of the investigation.  
(8) The Inve stigating Authority may apply a residual anti -dumping or countervailing duty 
rate for imports from exporters and producers not known to the Investigating Authority at the time 
the final determination was made.  
(9) The residual anti -dumping or countervailin g duty rate shall not exceed the weighted 
average of the individual dumping margin or countervailing duty rate or subsidy margin established 
for exporters and producers examined during the investigation, excluding margins established under 
section 37.  
65. Refund of duties paid in excess of dumping margin or rate of subsidisation  
(1) An importer shall be granted a refund of duty where the Investigating Authority 
determines that the dumping margin or the actual rate of subsidisation, on the basis of which dut ies 
were paid, has been eliminated or reduced to a level which is below the level of the duty in force.  
(2) The importer shall submit an application for the refund of anti -dumping duty or 
countervailing duty to the Investigating Authority in the prescribed  manner.  
(3) (a) Except where there are related pending judicial review proceedings, a refund 
of duties paid in excess of the actual dumping margin or subsidy shall take place within 12 months, 
and in no case more than 18 months, after the date on which an  application for a refund was made.  
 (b) Any refund authorised, plus a reasonable amount for interest, shall be made 
by the Investigating Authority within 90 days of the decision to grant a refund.  
66. Suspension  
The Investigating Authority may, in the public interest, suspend the application of measures 
imposed under this Act for a specified period  – 
(a) where there is a temporary change in market conditions; and  
(b) the Investigating Authority determines that the application of the measures shall not 
be in the public interest.  
67. Application of measures  
Except as provided for in sections 48 and 68, provisional measures and anti -dumping duty 
or countervailing duty shall apply to products which enter into Mauritius for consumption on or after 
the date of  publication of an affirmative preliminary or final determination in an investigation or 
review conducted under this Act.  
68. Retroactive application of definitive duties  
(1) A definitive anti -dumping duty may be collected on products which were entered in to 
Mauritius for consumption not more than 90 days prior to the date of application of provisional 
measures where the Investigating Authority determines that  – 
(a) there is a history of dumping which caused injury;  
(b) the importer, ought to have been awa re that the exporter practises dumping 
and that such dumping would cause injury; or  
(c) the injury is caused by massive dumped imports of a product in a relatively 
short time.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (2) Where a final determination of injury is made, or in the case of a final det ermination 
of a threat of injury, where the effect of subsidised imports would, in the absence of provisional 
measures, have led to a determination of injury, countervailing duties may be levied retroactively 
for the period for which provisional measures, if any, have been applied.  
69. Security  
(1) Where the definitive anti -dumping duty or countervailing duty is higher than the 
amount of security deposited under this Act, the difference shall not be collected.  
(2) Where the definitive duty is lower than the  amount of the security deposited under 
this Act, the difference in the amount shall be paid to the importer.  
(3) Where the Investigating Authority makes a determination of threat of injury or 
material retardation, a definitive anti -dumping or countervaili ng duty may be imposed from the date 
of the determination of threat of injury or material retardation.  
(4) Any security provided during the period of the application of provisional measures 
shall be released.  
(5) Where the Investigating Authority makes a n egative final determination, any security 
provided during the period of application of the provisional measures shall be released.  
PART XI – DURATION A ND REVIEW OF ANTI -DUMPING, COUNTERVAILIN G DUTIES  
AND PRICE UNDERTAKIN GS 
70. Sunset review  
(1) Subject to subsection (2), an anti -dumping duty or countervailing duty shall remain 
in force as long as and to the extent necessary to counteract dumping or subsidisation which is 
causing injury.  
(2) (a) Any definitive anti -dumping or countervailing duty s hall be terminated on a 
date not later than 5 years from the date of the imposition of the anti -dumping or countervailing 
duty or the most recent review under this section or section 71.  
 (b) The Investigating Authority shall, within 90 days preceding the date of expiry 
of the duty give public notice of the impending expiry of anti -dumping or countervailing duty.  
(3) Notwithstanding subsection (2), where the Investigating Authority determines in a 
review initiated before the date of expiry of the anti -dumpi ng or countervailing duty, on its own 
initiative or upon a duly substantiated request made by, or on behalf of, the domestic industry, 
within 45 days from the date of publication of the public notice that the expiry of the duty would be 
likely to lead to c ontinuation or recurrence of dumping or subsidisation and injury, the duty may 
remain in force pending the outcome of such a review.  
71. Review for change of circumstances  
(1) In conducting a review under this section, the Investigating Authority shall  – 
(a) consider the need for the continued imposition of the duty, on its own 
initiative or, provided that a reasonable period of time has elapsed since the 
imposition of the definitive anti -dumping duty or countervailing duty, upon 
a written request submitted  by any interested party;  
(b) upon request from any interested party, examine whether  – 
(i) the continued imposition of the duty is necessary to offset dumping 
or subsidisation;  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  (ii) the injury would be likely to continue or recur if the duty were 
removed or varied.  
(2) Where as a result of a review under this section, the Investigating Authority 
determines that the anti -dumping or countervailing duty is no longer warranted, it shall forthwith be 
terminated.  
(3) A review under section 70 and this section sh all be completed within 12 months of 
the date of initiation of the review.  
PART XII – INSTITUTI ONAL ARRANGEMENTS AN D REVIEW  
72. Investigating Authority  
(1) The Director shall be the Investigating Authority.  
(2) For the purposes of this Act, the Director may – 
(a) make use of the services of a public officer designated for that purpose by 
the Head of the Civil Service; or  
(b) subject to the approval of the Minister, where he considers it expedient to 
do so, retain the services of an independent professiona l or specialised 
agency from Mauritius or overseas for such specific purpose as he may 
require.  
(3) The Minister may, in relation to the exercise of the powers of the Investigating 
Authority under this Act, give such general directions to the Investigating  Authority, not inconsistent 
with this Act, as he considers necessary in the public interest and the Investigating Authority shall 
comply with those directions.  
73. Functions and powers of Investigating Authority  
(1) The Investigating Authority shall, in a ddition to any specific duty vested upon it by 
this Act  – 
(a) investigate any allegation or suspicion of dumping or subsidised imports  – 
(i) either on its own initiative; or  
(ii) on receiving a complaint or information which gives rise to such 
allegation or suspicion;  
(b) gather, process and evaluate information relating to such allegation or 
suspicion; and  
(c) take such measures as may be necessary and provided for in this Act to 
prevent dumping or subsidised imports, including the issue of directives and  
proposals for remedial action.  
(2) (a) The Investigating Authority shall, not later than 3 months after the end of a 
financial year, issue an annual report on its activities.  
 (b) The annual report shall be submitted to the Minister for his approval and laid 
at the first available opportunity before the Assembly.  G/ADP/N/1/MUS/3 • G/SCM/N/1/MUS/3  
 
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  74. Appeal by judicial review  
(1) An aggrieved party may appeal to the Supreme Court against a final decision of the 
Investigating Authority by way of judicial review.  
(2) An application for judi cial review under this section shall not operate as a stay of the 
decision of the Investigating Authority.  
PART XIII – MISCELLA NEOUS  
75. Offences  
(1) Any person who, for the purposes of this Act, furnishes to the Investigating Authority 
any information whi ch is false or misleading in a material particular, shall commit an offence and 
shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term 
not exceeding 2 years.  
(2) Any person who commits an offence under this Ac t or any regulations made under 
this Act shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment 
for a term not exceeding 2 years.  
76. Jurisdiction  
(1) Notwithstanding  – 
(a) section 114(2) of the Courts Act; and  
(b) section 72(5) of the District and Intermediate Courts (Criminal Jurisdiction) 
Act,  
a Magistrate shall, subject to subsection (2), have jurisdiction to try any offence under this Act and 
may impose any penalty provided by this Act.  
(2) No prosecution shall  be instituted under this Act except by, or with the consent of, 
the Director of Public Prosecutions.  
77. Regulations  
(1) The Minister may, after consultation with the Investigating Authority, make such 
regulations as he thinks fit for the purposes of this  Act. 
(2) Any regulations made under subsection (1) may provide for  – 
(a) prescribing anything which is required to be prescribed; and  
(b) the taking of fees and the levying of charges.  
78. Commencement  
(1) Subject to subsection (2), this Act shall come in to operation on a date to be fixed by 
Proclamation.  
(2) Different dates may be fixed for the coming into operation of different sections of 
this Act.  
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