Safeguards, Anti-dumping and Countervailing Act, 2019

Chapter 1
Preliminary

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

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

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

(b) "Goods under Investigation" means goods for which the 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 or other purposes.

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

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

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

(g) "Serious Injury" means injury determined on the basis provided for in Section 27 that has been caused or may be caused to a domestic industry due to the import of any goods in an unexpectedly and abnormally large quantity or due to the import of subsidized goods.

(h) "Dumping" means the import of any goods made in contravention of 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 an exporter sending goods into Nepal from any foreign country for commercial purposes.

(m) "Exporter" means a person, firm or body corporate 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 goods that, even if not like or similar goods, are directly competitive in the market with the goods under investigation or are alternative goods that consumers may use or choose instead of such goods.

(p) "Customs Office" means a customs office established by the Government of Nepal by publishing a notice in the Nepal Gazette, a customs office established by the Director General of the Department of Customs in any customs area during a disaster, and also refers to any other area specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

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

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

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

(t) "Identical Goods" means goods that are the same in all respects including composition, quality, nature and characteristics.

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

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

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

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

(3) The domestic industry,

(4) The domestic producer of like, similar or directly competitive goods, an association of such a producer, or a representative of such producer or association,

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

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

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

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

(z) "Safeguards Measure" means a safeguards measure imposed pursuant to Chapter 2.

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

(ab) "Domestic Industry" means, for the purpose of imposing safeguards measures, anti-dumping duty or countervailing duty under this Act, the domestic industry producing like, similar or directly competitive goods that are under investigation, and the term also refers to the collective body or entity producing such goods.