Customs Duties (Dumping and Subsidies) Act 1969
| Year | 1969 |
Customs Duties (Dumpingand Subsidies) Act 1969
1969 CHAPTER 16
An Act to consolidate the Customs Duties (Dumping and Subsidies) Acts 1957 and 1968 and related enactments.
[24th April 1969]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Principal provisions as to anti-dumping duties
1 Charge of anti-dumping duties.
(1) Where it appears to the Board of Trade—
(a ) that goods of any description are being or have been imported into the United Kingdom in circumstances in which they are under the provisions of this Act to be regarded as having been dumped; and
(b ) that, having regard to all the circumstances, it would be in the national interest;
they may exercise in such manner as they think necessary to meet the dumping the power described in subsection (3) below, subject however to the restriction imposed by subsection (3)(b ) on the exercise of the power as regards treaty countries.
(2) For the purposes of this Act imported goods shall be regarded as having been dumped—
(a ) if the export price from the country of origin is less than the fair market price there (whether the country of exportation is the same or a different country); or
(b ) if the export price from the country of exportation (if a different country) is less than the fair market price there.
(3) The power which the Board of Trade may exercise where this subsection applies is a power by order to impose on goods of a description specified in the order a duty of customs chargeable on the importation of the goods into the United Kingdom at a rate specified in the order; but an order made in the exercise of the power—
(a ) shall include in the matters by reference to which the description of goods is framed either the country of origin or the country of exportation; and
(b ) shall not impose a duty on any goods as goods of which the country of origin, or country of exportation, is a treaty country (that is to say, a country in relation to which Her Majesty's Government in the United Kingdom is for the time being bound under the provisions of the General Agreement on Tariffs and Trade concluded at Geneva in the year 1947), unless the Board of Trade are satisfied that the case is within subsection (4) below.
(4) For a case to be within this subsection the effect of the dumping must be such as either—
(a ) to cause or threaten material injury to an established industry in the United Kingdom, or materially retard the establishment of an industry in the United Kingdom; or
(b ) to cause or threaten material injury to an established industry in another treaty country which is the country of origin of any like goods (that is, any identical or comparable goods) imported into the United Kingdom.
(5) Subject to subsection (3)(a ) above, an order made in the exercise of the power described in that subsection may include such provisions with respect to the description of the goods chargeable with duty and with respect to the cases in which duty is chargeable as may appear to the Board of Trade to be required for the purposes of this Act, including provisions limiting the description of the goods by reference to the particular persons or organisations by whom the goods were produced or who were concerned with the production of the goods in some specified manner.
2 Relief by reference to actual margin of dumping.
(1) Where it appears to the Board of Trade that relief under this section should be available as respects a duty imposed by an order under section 1 above they may, if they think fit, by the same or another order apply the provisions of this section in relation to the duty.
(2) Where this section applies in relation to any duty, the importer of any goods chargeable with the duty as being goods of which a specified country is the country of origin or, as the case may be, country of exportation may apply to the Board of Trade for relief from the duty on those goods.
(3) If on an application so made the Board of Trade are satisfied that the export price of the goods from that country with the amount of the duty added to it exceeds the fair market price of the goods in that country, the Board shall notify the Commissioners of Customs and Excise of the amount of the excess, and the Commissioners shall remit or repay the duty up to that amount.
(4) An application under this section as respects any goods shall not be made more than six months after the duty has been paid on the goods, and in connection with any such application the applicant shall furnish such information and evidence as the Board of Trade may require from him for ascertaining the export price or fair market price in the country in question.
(5) If a person for the purposes of an application under this section—
(a ) makes any statement which is false in a material particular; or
(b ) produces any account, estimate, return or other document which is false in a material particular;
the amount of any duty remitted or repaid under this section on the application shall be recoverable as a debt due to the Crown; and if the statement was made or the document was produced knowingly or recklessly, that person shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding 100 or to both.
3 Ascertainment of export price from country of origin \(basic rules).
(1) In relation to goods imported into the United Kingdom the export price from the country of origin, if the goods were wholly produced in that country, shall for the purposes of this Act be determined in accordance with subsection (2) or (3) below.
(2) If goods are imported under a contract of sale which is a sale in the open market between buyer and seller independent of each other, and the Board of Trade are satisfied as to that fact, as to the price on that sale and as to such other facts as are material for this purpose, the export price shall be the price on that sale subject to a deduction for the cost of insurance and freight from the port or place of exportation in the country to the port or place of importation, and for any other costs, charges or expenses incurred in respect of the goods after they left the port or place of exportation, except so far as any such costs, charges or expenses have to be met separately by the purchaser.
(3) If subsection (2) above does not apply, the Board of Trade shall determine the export price by reference to such sale of the goods (or of any goods in which they were incorporated) as the Board may select with such adjustments as may appear to the Board to be proper.
(4) In referring to a sale in the open market between buyer and seller independent of each other subsection (2) above presupposes—
(a ) that the price is the sole consideration; and
(b ) that the price made is not influenced by any commercial, financial or other relationship, whether by contract or otherwise, between the seller or any person associated in business with him and the buyer or any person associated in business with him (other than the relationship created by the sale of the goods in question); and
(c ) that no part of the proceeds of the subsequent resale, use or disposal of the goods will accrue either directly or indirectly to the seller or any person associated in business with him.
Two persons shall for this purpose be deemed to be associated in business with one another if, whether directly or indirectly, either of them has any interest in the business or property of the other, or both have a common interest in any business or property, or some third person has an interest in the business or property of both of them.
4 Ascertainment of fair market price in country of origin \(basic rules).
(1) For the purposes of this Act relating to dumping the fair market price of goods in the country of origin, if the goods were wholly produced in that country, shall be determined as follows.
(2) Subject to subsections (3) and (4) below, the fair market price shall be taken to be the price at which goods of the description in question (that is to say, any identical or comparable goods) are being sold in the ordinary course of trade in the country for consumption or use there, but subject to any necessary adjustments, whether for differences in conditions and terms of sale, for differences in taxation or otherwise, which may be required to ensure comparability.
(3) Subject to subsection (4) below, if it appears to the Board of Trade that goods of that description are not being sold in the country, or not in such circumstances that the fair market price can be determined in accordance with subsection (2) above, the fair market price shall be determined by the Board either—
(a ) by reference to any price obtained for goods of that description when exported from that country, with adjustments made to ensure comparability; or
(b ) if the Board think fit, by reference to the cost or estimated cost of production of the goods the dumping of which is in question, with such additions in respect of administrative, selling or other costs and profit as may appear to the Board of Trade to be proper.
The price by reference to which a determination is made under paragraph (a ) above may be the highest admissible price, but should be a representative price.
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