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Section 64: Amount of duty

Trade (Anti-Dumping And Countervailing Measures) Act · PART X: IMPOSITION AND COLLECTION OF ANTI-DUMPING AND COUNTERVAILING DUTIES

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.

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