Section 64: Amount of duty
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
64. Amount of duty
(1) The amount of the anti-dumping or countervailing duties shall not
exceed the dumping margin or the amount of subsidy as determined by the
Investigating Authority.
(2) An anti-dumping or countervailing duty shall take the form of ad
valorem or specific duty.
(3) An anti-dumping or countervailing duty shall be imposed in addition to
import duty levied on the imported product.
(4) An anti-dumping or countervailing duty shall be collected by the relevant department of the Mauritius Revenue Authority, on a non-discriminatory
basis on imports of such product from all sources found to be dumped or
subsidised and causing injury, except as to imports from those countries
from which a price undertaking is accepted under this Act.
(5) Subject to subsection (6), the Investigating Authority shall establish
an individual anti-dumping duty or countervailing duty for each known exporter or producer of dumped or subsidised imports.
(6) Where the Investigating Authority limits its examination in accordance
with section 15, any anti-dumping duty or countervailing duty applied to imports from exporters or producers not included in the examination shall not
exceed the weighted average dumping margin or subsidy established with
respect to the selected exporters or producers, provided that the Investigating Authority shall disregard any zero margin, and de minimis margins and
margins established under section 37.
(7) Except as otherwise provided for in section 15, the Investigating Authority shall apply individual duty to imports from any exporter or producer,
not included in the examination, who has provided the necessary information
during the course of the investigation.
(8) The Investigating Authority may apply a residual anti-dumping or
countervailing duty rate for imports from exporters and producers not known
to the Investigating Authority at the time the final determination was made.
(9) The residual anti-dumping or countervailing duty rate shall not exceed
the weighted average of the individual dumping margin or countervailing duty
rate or subsidy margin established for exporters and producers examined during the investigation, excluding margins established under section 37.