Customs Duties (Dumping and Subsidies) Act 1969
| Jurisdiction | UK Non-devolved |
| Citation | 1969 c. 16 |
| Year | 1969 |
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; andthat, having regard to all the circumstances, it would be in the national interest;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) ; orif the export price from the country of exportation (if a different country) is less than the fair market price there.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; andshall 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 of 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.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; orto 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 F2or supplied or who were concerned with the production F2or supply of the goods in some specified manner.(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 F3three 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.makes any statement which is false in a material particular; orproduces any account, estimate, return or other document which is false in a material particular;(1) In relation to goods imported into the United Kingdom the export price from the country of origin, F5shall, subject to section 5(3 below 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.that the price is the sole consideration; andthat 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) ; andthat 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.
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