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Section 42: Preliminary determination

Trade (Anti-Dumping And Countervailing Measures) Act · PART VII: INVESTIGATION PROCEDURES

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

42. Preliminary determination (1) The Investigating Authority shall make a preliminary determination of an investigation of dumping or subsidy, injury and causal link at least 60 days but not later than 250 days after initiation of the investigation. (2) A preliminary determination shall be based on all information available to the Investigating Authority at the time of the investigation. [Issue 3] T14A – 20 Revised Laws of Mauritius (3) The Investigating Authority shall give public notice of the preliminary determination. (4) The notice of preliminary determination shall provide for the findings and conclusions, due regard being given to the requirement for protection of confidential information and shall include— (a) the names of the known exporters and producers of the investigated product; (b) a description of the investigated product that is sufficient for customs purposes, including the current domestic tariff classification; (c) the amount of the dumping margin or subsidy, if any, found to exist, the basis of the determination and the methodology used in determining normal value, export price, and any adjustments made; (d) the factors that have led to the determination of injury and causal link, including information on factors other than dumped imports or subsidised imports taken into account; and (e) the amount of any provisional measures to be applied and the reasons why such provisional measures are necessary to prevent injury caused during the investigation. (5) A copy of the public notice shall be forwarded to the country exporting the investigated product and to any other interested party.

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