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Section 20: Examination of import of dumped or subsidised imports on domestic

Trade (Anti-Dumping And Countervailing Measures) Act · PART IV: DETERMINATION OF INJURY AND OF CAUSAL LINK

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

20. Examination of import of dumped or subsidised imports on domestic industry (1) The examination of the impact of dumped 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 decline 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, inventories, 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, consider 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 available data allows the separate identification of that production on the basis of, inter alia, the production process and the producers' sales and profits. (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 provided.

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