Customs Duties (Dumping and Subsidies) Act 1957
| Jurisdiction | UK Non-devolved |
| Citation | 1957 c. 18 |
| Year | 1957 |
Customs Duties (Dumping and Subsidies) Act , 1957
(5 & 6 Eliz. 2) CHAPTER 18
An Act to authorise the imposition of duties of customs where goods have been dumped or subsidised, and for connected purposes.
Most Gracious Sovereign,
We , Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, with a view to affording protection against dumping and subsidies affecting imported goods have freely and voluntarily resolved to give and grant unto Your Majesty the duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and 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:—
1 Cases where customs duties may be imposed.
(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, or
(b ) that some Government or other authority outside the United Kingdom has been giving a subsidy affecting goods of any description which are being or have been imported into the United Kingdom,
and that, having regard to all the circumstances, it would be in the national interest, they may exercise the power conferred on them by this Act to impose and vary duties of customs in such manner as they think necessary to meet the dumping or the giving of the subsidy:
Provided that, where the Board of Trade are not satisfied that the effect of the dumping or of the giving of the subsidy is such as to cause or threaten material injury to an established industry in the United Kingdom or is such as to retard materially the establishment of an industry in the United Kingdom, the Board shall not exercise that power if it appears to them that to do so would conflict with the obligations of Her Majesty's Government in the United Kingdom under the provisions for the time being in force of the General Agreement on Tariffs and Trade concluded at Geneva in the year nineteen hundred and forty-seven.
(2) For the purposes of this Act imported goods shall be regarded as having been dumped—
(a ) if the export price from the country in which the goods originated is less than the fair market price of the goods in that country, or
(b ) in a case where the country from which the goods were exported to the United Kingdom is different from the country in which they originated,—
(i) if the export price from the country in which the goods originated is less than the fair market price of those goods in that country, or
(ii) if the export price from the country from which the goods were so exported is less than the fair market price of those goods in that country.
(3) References in this Act to giving a subsidy are references to giving, directly or indirectly, a bounty or subsidy on the production or export of goods (whether by grant, loan, tax relief or in any other way and whether related directly to the goods themselves, to materials of the goods or to something else), and include—
(a ) the giving of any special subsidy on the transport of a particular product, and
(b ) the giving of favourable treatment to producers or exporters in the course of administering any governmental control over the exchange of currencies where such treatment has the effect of assisting a reduction of the prices of goods offered for export,
but do not include the application of restrictions or charges on the export of materials from any country so as to favour producers in that country who use those materials in goods produced by them.
2 Orders imposing duties.
(1) The power which the Board of Trade may exercise under this Act is a power by order to impose on goods of a description specified in the order a duty of customs chargeable on the import of the goods into the United Kingdom at a rate specified in the order.
(2) The matters by reference to which the description of goods in an order is framed shall include either the country in which the goods originated or the country from which the goods were exported to the United Kingdom.
(3) Subject to the provisions of the last foregoing subsection, an order under this section 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 and, in particular,—
(a ) 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,
(b ) provisions defining the rate of duty by reference to value or weight or other measure of quantity,
(c ) provisions directing that duty be charged for any period or periods, whether continuous or not, or without any limit of period, or at different rates for different periods or parts of periods, and
(d ) in connection with the commencement, variation or termination of a duty, provisions authorising repayments in respect of duty where it is shown that the prescribed conditions are fulfilled.
(4) Any duty chargeable under this Act on any goods shall be chargeable in addition to any other duty of customs for the time being chargeable thereon and, notwithstanding the provisions of subsection (2) of section one of the Safeguarding of Industries Act, 1921 , or of paragraph (a ) of subsection (2) of section one of the Import Duties Act, 1932 , or of any other enactment (including, unless the contrary is expressly provided, any future enactment) the charge of duty under this Act shall not affect liability to customs duty chargeable under any other Act or the amount of any such duty.
(5) Section two hundred and fifty-nine of the Customs and Excise Act, 1952 (which charges duty on imported composite goods by reference to any dutiable goods used in their manufacture), shall not apply to a duty under this Act.
3 Relief in respect of duties.
(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 this Act (being an order made to afford protection against dumping) they may, if they think fit, in that or a subsequent order under this Act 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 originating in or, as the case may be, exported from a...
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