WORLD TRADE
ORGANIZATIONG/ADP/N/1/DMA/1
G/SCM/N/1/DMA/1
8 June 1999
(99-2287)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
DOMINICA
The following communication, dated 1 June 1999, has been received from the Office of the
High Commissioner for the Commonwealth of Dominica.
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LAWS OF DOMINICA
Customs Duties
(Dumping and Subsidies)
CHAPTER 69:03
CUSTOMS DUTIES
(DUMPING AND SUBSIDIES) ACT
ARRANGEMENT OF SECTIONS
SECTION Page
1. Short title .................................................................................................................. .. 2
2. Interpretation............................................................................................................... 2
3. Cases where customs dut ies may be imposed............................................................. 2
4. Order imposin g duties................................................................................................. 3
5. Relief in resp ect of du ties ........................................................................................... 4
6. Drawback, etc. of duties ............................................................................................. 5
7. Power to require inform ation from importe rs............................................................. 5
8. Ascertainment of export price..................................................................................... 6
9. Ascertainment of fa ir market price ............................................................................. 6
10. Construction of references to  country of or igin, etc. .................................................. 7
11. Regulations ................................................................................................................. 7G/ADP/N/1/DMA/1
G/SCM/N/1/DMA/1
Page 2
CHAPTER 69:03
CUSTOMS DUTIES
(DUMPING AND SUBSIDIES) ACT
1961 Ed.
Cap. 26414 of 195
Commencement.
Short title
Interpretation
Cases where customs
duties may beimposedAN ACT to authorize the imposition of duties of customs where good have
been dumped or subsidized and for purposes connected therewith.
(1 January 1960)
1. This Act may be cited as the –
CUSTOMS DUTIES
(DUMPING AND SUBSIDIES) ACT
2. In this Act –
"fair market price" means the price determined in accordance with
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 beneficiallyinterested in the goods.
3. (i) 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 would be in the interest of the
State, he may exercise the power conferred on him by this Act to impose and
vary duties of customs in such manner as he thinks necessary to meet the
dumping or the giving of the subsidy;  where the Minister is not satisfied that the
effect of the dumping or of the giving of the subsidy is such as to cause orthreaten 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 that to do so would conflict with the
provisions for the time being in force of the General Agreement on Tariffs and
Trade.
(ii) For the purposes of this Act imported goods shall be regarded as
having being dumped –G/ADP/N/1/DMA/1
G/SCM/N/1/DMA/1
Page 3
Order imposing
duties.(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; and
(b) in a case where the country from which the goods were exported
to the States 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.
(iii) 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 (whether by grant, loan, tax relief or in any other way
and whether related directly to the goods themselves or to materials of
the goods), and shall include –
(a) the giving of any special subsidy on the transport of a particular
product; and
(b) the giving of favourable treatment to producers or exporters in
the course of administering any governmental control over theexchange 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 who use those materials in goods produced by them.
4. (i) The power which the Minister may exercise under this Act is a
power by Order to impose on goods of a description specified in theOrder a duty of customs chargeable on the import of the goods into the
State at a rate specified in the Order.
(ii) The matters by reference to which the description of goods in an
Order is framed shall include either the country in which the goodsoriginated or the country from which the goods were exported to the
State.
(iii) Subject to subsection (ii), an Order under this section may
include such provisions with respect to the description of the goodschargeable 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 limiting the description of the goods by
reference to the particular persons or organizations by whom the
goods were produced or who were concerned with the production
of the goods in some specified manner;G/ADP/N/1/DMA/1
G/SCM/N/1/DMA/1
Page 4
Relief in respect of
duties.(b) provisions defining the rate of duty by reference to value
or weight or other measure of quantity;
(c) provisions directing that duty be charged for any period
or periods whether continuous or not, or without any limit of
period, or at 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 conditionsare fulfilled.
(iv) Any duty chargeable under this Act on any goods shall be
chargeable in addition to any other duty of customs for the time being
chargeable thereon and, notwithstanding the provisions of any other lawin force in the State (including, unless the contrary is expressly provided,
any future law), the charge of duty under this Act shall not affect liability
to customs duty chargeable under any other Act or the amount of any
such duty.
5. (i) 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 may,
if he thinks fit, in that or a subs equent Order under this Act apply the
provisions of this section in relation to the duty.
(ii) 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.
(iii) If on an application so made the Minister is satisfied 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 notify the collector of customs of the amount of the excess,
and the collector of customs shall remit or repay the duty up to that
amount.
(iv) An application under this section as respects any goods shall not
be made more than six months after the duty has been paid on the goods,
and in connection with any such application the applicant shall furnish
such information and evidence as the Minister may require from him forascertaining the said export price or fair market price.
(v) The foregoing provisions of this section shall have effect in
relation to a duty imposed by an Order under this Act (being an Order
made to afford protection against the giving of a subsidy) as if referencesto the fair market price in a country were references to the export price
from that country increased by such amount (if any) as may be necessary
to offset the effect of the giving of the subsidy.G/ADP/N/1/DMA/1
G/SCM/N/1/DMA/1
Page 5
Drawback, etc., of
duties.
Power to require
information fromimporters.(vi) If a person for the purposes of an application under this section –
(a) makes any statement which is false in a material 
particular; or
(b) produces any account, estimate, return or other document
which is false in a material particular,
the amount of any duty remitted or repaid under this section on the application
shall be recoverable as a debt due to the State and if the statement was made or
the document was produced knowingly or recklessly, that person shall be liableon summary conviction to a fine of five thousand dollars and to imprisonment for
three months.
6. (i) The Minister may by Order provide for the allowance of
drawback in respect of all or any duties under this Act on the export ofgoods in such circumstances and subject to such conditions as he may
specify.
(ii) The drawback may be in respect of duty paid on the goods or in
respect of duty paid on materials used in the manufacture of the goodsand the rate of the drawback may be determined in such manner and by
reference to such matters as the Minister may specify.
7. (i) The Collector of Customs may require the importer of any goods
to state such facts concerning the goods and their history as he may thinknecessary to determine whether the goods are goods originating in a
country-specified in an Order under this Act or are goods exported from
any country, and to furnish him in such form as he may require with
proof of any statements so made;  and if such proof is not furnished to his
satisfaction or the required facts are not stated, the goods shall be deemed
for the purposes of this Act to have originated in, or as the case may be,
to have been exported from, such country as he may determine;  but theCollector of Customs shall require proof of the country in which the
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.
(ii) Where an Order under this Act limits the description of goods in
respect of which duty is chargeable under this Act or in the cases in
which duty is so chargeable so that the questions 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 from which they wereexported, the Collector of Customs may also require the importer to state
such facts as he may think necessary to determine that question so far as
regards those other matters and to furnish them in such form as he may
require with proof of any statement so made;  and if such proof is not
furnished to his satisfaction or the required facts are not stated, thosefacts shall be deemed for the purposes of duty under this Act to be such
as he may determine.G/ADP/N/1/DMA/1
G/SCM/N/1/DMA/1
Page 6
Ascertainment of
export price
Ascertainment of fair
market price..8. (i) 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 in the manner provided in subsections (ii)
and (iii).
(ii) If the goods are imported under a contract of sale which is a sale
in the open market between buyer and seller independent of each other
and the 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 price on that sale subject to a deduction for the cost of
insurance and freight from the port or place of export in the said countryto the port or place of import, and for any other costs, charges or
expenses incurred in respect of the goods after they left the port or place
of export, except so far as any such costs, charges or expenses have to be
met separately by the purchaser.
(iii) If subsection (ii) 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 may select
with such adjustments as may appear to him to be proper.
9. (i) The fair market price of any goods in a country shall for the
purposes of this Act be determined in the manner provided in subsections
(ii), (iii) and (iv).
(ii) Subject to subsection (iii), the fair market price shall be taken to
be the price at which goods of the description in question (that is to say,
any identical or comparable goods) are being sold in 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 otherwise, 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 theprices on two similar sales.
(iii) If it appears to the Minister that goods of that description are not
being sold in the said country, or not in such circumstances that the fair
market price can be determined in accordance with subsection (ii), thefair 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 subsection
(ii) or, if the Minister thinks fit, by reference to the cost or estimated cost
of production of the goods the dumping of which is in question, withsuch additions in respect of selling cost and profit as may appear to the
Minister to be proper.
(iv) No account shall be taken under this section of any application of
restrictions or charges on the export of materials from any country so asto favour producers in that country who use those materials in goods
produced by them.G/ADP/N/1/DMA/1
G/SCM/N/1/DMA/1
Page 7
Construction of
references to countryof origin, etc.
Regulations.10. (i) Goods shall be regarded for the purposes of this Act as having
originated in a country –
(a) if those goods were wholly produced in that country; or(b) if some stage in the production of the goods was carried out in
that country and the cost of carrying out such stages, if any, in
the production of the goods as were carried out after those goods
last left that country (but before the import of the goods into 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 toconvert those components or materials into the goods as
imported into the State was less than twenty-five per cent of the
cost of production of the goods as so imported.
(ii) Where the export price of any goods from the country in which
they originated is in question and some stage in the production of the
goods, or of any components or materials incorporated in the goods, was
carried out after they last left that country, the deductions to be made by
the 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 suchstage 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.
(iii) 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.
11. 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 stage in
production;
(b) the manner in which cost of production is to be ascertained in
cases where different stages are carried out by different persons;
(c) the manner in which the cost of different stages of production is
to be ascertained.
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