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Section 23: Causal link

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

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23. Causal link (1) The Investigating Authority shall demonstrate that the dumped or subsidised imports have, through the effects of dumping or subsidisation, caused injury to the domestic industry. (2) The causal link between the dumped or subsidised imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the Investigating Authority. (3) The Investigating Authority shall examine any known factor other than the dumped or subsidised imports which at the same time are injuring the domestic industry, and the injuries caused by those factors shall not be attributed to the dumped imports. (4) The factors referred to in subsection (3) shall include— (a) the volume and prices of imports not sold at dumping prices or non-subsidised imports of the product in question; (b) contraction in demand or changes in the patterns of consumption; (c) trade restrictive practices of and competition between the foreign and domestic producers; T14A – 13 [Issue 3] Trade (Anti-Dumping and Countervailing Measures) Act (d) developments in technology; and (e) the export performance and productivity of the domestic industry. PART V – INITIATION OF INVESTIGATIONS

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