Section 68: Retroactive application of definitive duties

68. Retroactive application of definitive duties (1) A definitive anti-dumping duty may be collected on products which were entered into Mauritius for consumption not more than 90 days prior to the date of application of provisional measures where the Investigating Authority determines that— (a) there is a history of dumping which caused injury; (b) the importer, ought to have been aware that the exporter practises dumping and that such dumping would cause injury; or (c) the injury is caused by massive dumped imports of a product in a relatively short time. (2) Where a final determination of injury is made, or in the case of a final determination of a threat of injury, where the effect of subsidised imports would, in the absence of provisional measures, have led to a determination of injury, countervailing duties may be levied retroactively for the period for which provisional measures, if any, have been applied.