Section 2: Interpretation

2. Interpretation In this Act, unless the context otherwise requires— “de minimis”, in relation to — (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; [Issue 3] T14A – 2 Revised Laws of Mauritius (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 normal value; “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, municipal 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 material 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 outcome 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; T14A – 3 [Issue 3] Trade (Anti-Dumping and Countervailing Measures) Act "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 respects, has characteristics closely resembling those of the investigated product; “Minister” means the Minister to whom responsibility for the subject of international trade is assigned; “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 investigated 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; “normal value” means the price at which a like pr 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 investigated 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; “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 country of export and which have been customarily conducted within a representative period between independent buyers and sellers; “producer”, in relation to a dumping or subsidy investigation, shall be deemed to be related to exporters or importers, where— (a) one of them 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 enterprises, industry or group of industries; “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 amount of any duty or internal tax imposed on goods [Issue 3] T14A – 4 Revised Laws of Mauritius 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.