Safeguards, Anti-dumping and Countervailing Act, 2019

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Safeguards, Anti-Dumping and Countervailing Act, 2076."

(2) It shall come into force on the ninety-first day from the date of certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Investigation Officer" means the Investigation Officer pursuant to Section 17.

(b) "Goods under investigation" means the goods in respect of which an investigation process has been initiated pursuant to Chapter-5.

(c) "Import" means the act of bringing goods into Nepal from a foreign country for commercial and other purposes.

(d) "Importer" means a person, institution or body importing goods into Nepal from a foreign country for commercial purposes.

(e) "Anti-Dumping Duty" means the duty imposed pursuant to Section 9 on goods imported from a foreign country.

(f) "Countervailing Duty" means the duty imposed pursuant to Section 14 on goods imported from a foreign country.

(g) "Serious Injury" means the loss or injury determined on the basis of Section 27, caused or likely to be caused to domestic industry due to the import of any goods in unexpectedly and abnormally large quantity or due to the import of subsidized goods.

(h) "Dumping" means the import of any goods made contrary to Section 8.

(i) "Dumping Margin" means the difference between the normal value determined pursuant to Section 28 and the export price determined pursuant to Section 29.

(j) "Third Country" means a country or independent customs territory other than the country that exported the goods under investigation to Nepal.

(k) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(l) "Export" means the act of sending goods into Nepal by an exporter from a foreign country for commercial purposes.

(m) "Exporter" means a person, institution or body exporting goods to Nepal from a foreign country or autonomous customs territory.

(n) "Export Price" means the price of goods determined pursuant to Section 29.

(o) "Directly Competitive Goods" means, even if not like or similar goods, another goods that are directly competitive in the market with, or can be used or chosen by consumers as an alternative to, the goods under investigation.

(p) "Customs Office" means the Customs Office established by the Government of Nepal by publishing a notice in the Nepal Gazette, the Customs Office established by the Director General of the Customs Department in any customs area in case of disaster, and also includes other areas designated by the Government of Nepal by publishing a notice in the Nepal Gazette.

(q) "Ministry" means the Ministry of Industry, Commerce and Supplies.

(r) "Like Goods" means goods which, although not alike in all respects, have like characteristics and component of like constituent materials enabling them to perform the same functions and be commercially interchangeable.

(s) "Department" means the Department designated by the Ministry by publishing a notice in the Nepal Gazette.

(t) "Identical Goods" means goods which are alike in all respects, including their composition, quality, nature and characteristics.

(u) "Committee" means the Committee pursuant to Section 33.

(v) "Interested Party" means the following parties:-

(1) Producer, exporter or importer of the concerned goods or their representative,

(2) Government of the exporter's country or autonomous customs territory,

(3) Domestic industry,

(4) Domestic producer manufacturing like or identical goods or directly competitive goods, association of such producer, or representative of such producer or association,

(5) Other related parties deemed necessary by the Investigation Officer.

(w) "Subsidized Goods" means goods that are subsidized pursuant to Section 30 or goods that are directly or indirectly granted subsidies.

(x) "Subsidy Margin" means the difference in price caused or likely to be caused to the price of any goods due to the subsidy provided to such goods.

(y) "Normal Value" means the normal value of the goods under investigation determined pursuant to Section 28.

(z) "Safeguards Measure" means the Safeguards measure imposed pursuant to Chapter-2.

(aa) "Autonomous Customs Territory" means the autonomous customs territory (Separate Customs Territory) that is a member of the World Trade Organization.

(bb) "Domestic Industry" means the domestic industry manufacturing the like or identical goods or directly competitive goods that are the subject of investigation for the purpose of imposing Safeguards measures, Anti-Dumping duty or Countervailing duty under this Act, and the term also includes the collective association or body manufacturing such goods.