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Competition Anti-Dumping and Countervailing Duty Investigation Regulations 2002 (Statutory Instrument 266 of 2002)

Statutory Instrument 266 of 2002

Competition Anti-Dumping and Countervailing Duty Investigation Regulations 2002

ARRANGEMENT OF REGULATIONS PART I

PRELIMINARY

PART II

COUNTERVAILINGDUTIES

  1. Imposition of countervailing duties.
  2. Initiation of investigation.
  3. Consultations with interested foreign governments.
  4. Duration of investigation.
  5. Preliminary determination of subsidy and prejudice 8. Provisional measures.
  6. Final determination of subsidy and prejudice.
  7. Termination of investigation.
  8. Suspension of investigation.
  9. Review by Minister.
  10. Review by Administrative Court.

PART III

ANTI-DUMPINGDUTIES

  1. Imposition of anti-dumping duties.
  2. Normal value.
  3. Export price.
  4. Comparison of normal value and export price.
  5. Subject products from non-market economy country.
  6. Initiation of investigation.
  7. Duration of investigation.
  8. Preliminary determination of dumping and prejudice.
  9. Provisional measures.
  10. Final determination of dumping and prejudice.
  11. Termination of investigation.
  12. Suspension of investigation.
  13. Review by the Minister.
  14. Review by Administrative Court.

PART IV

ADMINISTRATION

  1. Administrative matters.

PART V

GENERAL

  1. Currency conversion.
  2. Notice of information and opportunities to present evidence.
  3. Submission of confidential information.
  4. Directions by Minister.
  5. Facts available.
  6. Other practices discovered during investigation or review.
  7. Conduct of investigation where no international obligation.
  8. Double counting not permitted.
  9. Obligation of secrecy.

IT is hereby notified that the Minister of Industry and International Trade has, in terms of section 50 of the Competition Act, 1996 (No. 7 of 1996), made the following regulations:—

PART I

PRELIMINARY

                                                                                                    1.   Title

These regulations may be cited as the Competition (Anti-Dumping and Countervailing Duties) (Investigation) Regulations, 2002.

                                                                                              2.   Interpretation

In these regulations—

“Agreement on Agriculture” means the agreement by that name set out in Annex 1A to the World Trade Organisation Agreement;

“Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994” means the Agreement by that name set out in Annex 1A to the World Trade Organisation Agreement.

“Agreement on Subsidies and Countervailing Measures” means the Agreement by that name set out in Annex 1A to the World Trade Organisation Agreement;

“anti-dumping duty investigation” means an investigation by the Commission with a view to determine whether the imposition of an anti-dumping duty is appropriate in the circumstances of the case;

“the Commission” means the Competition and Tariff Commission established in terms of section 4 of the Act;

“country” includes a customs union territory;

“countervailing duty investigation” means an investigation by the Commission with a view to determine whether the imposition of a countervailing duty would be appropriate in the circumstances of the case;

“domestic industry” means—

  • domestic producers of like products; or
  • the domestic producers whose collective output of like products constitutes a major proportion of the total domestic production of those products,

but shall not, subject to Part II, include domestic producers who are related to the exporters or importers, or are themselves importers of the subject products;

“dumping margin” means the amount by which the normal value of the subject products exceeds the export price;

“export price” means the export price of the subject products as determined in accordance with section 16;

“exporting country” means—

  • the country of export of the subject products; or
  • where the subject products are not exported directly to Zimbabwe but are transhipped without substantial transformation through an intermediate country, the country of origin of the subject products;

“General Agreement on Tariffs and Trade 1994” means the agreement by that name whose parts are described in Annex 1A to the World Trade Organisation Agreement;

“interested party” in relation to subject products, means— (a)   a producer, exporter or importer of the subject products;

  • a trade or business association of which a majority of its members are producers, exporters or importers of the subject products;
  • the government of a country in which the subject products are produced or from which they are exported;
  • a producer of the like products in Zimbabwe;
  • a trade or business association of which a minority of its members produce the like products in Zimbabwe; or
  • any other person the Minister considers appropriate;

“like products” in relation to subject products, means any products which the Minister determines as being identical in all respects to the subject products or any products which the Minister determines to have characteristics closely resembling those of the subject products;

“non-market economy country” means any foreign country the government of which has a complete or substantially complete monopoly of its trade and where domestic prices are fixed by the government of the foreign country;

“normal value” in relation to subject products, means the normal value of any subject products as determined in accordance with section 15 or 18;

“producer” means such producer, manufacturer or processor as may be prescribed;

“provisional measures” means—

  • in relation to Part II, the requirement to pay the duty or furnish a security equal to the estimated subsidy found in the preliminary determination; and
  • in relation to Part III, the requirement to pay the provisional duty or furnish a security equal to the estimated dumping margin found in preliminary determination;

“subject products” means the products imported, or sold for importation into Zimbabwe that are the subject of any countervailing or anti-dumping duty investigation or review under these regulations;

“undertakings” means such undertakings as may be prescribed;

“World Trade Organisation Agreement” means the Marrakesh Agreement Establishing the World Trade Organisation concluded at Marrakesh on 15 April 1994;

“subsidy”, in relation to products that are imported into Zimbabwe means a benefit received or conferred in connection with such products in any of the following forms—

(a) a financial contribution by a government or public body of the country of export that is made in connection with the growth, production, manufacture or exportation of those products that involves—

  • a direct transfer of funds from that government or public body;
  • a potential direct transfer of funds or liabilities from that government or public body;
  • the foregoing, or non-collection of revenue (other than an allowance, exemption or remission) due to that government or public body;
  • the provision by that government or public body of products or services otherwise than in the course of providing normal infrastructure; or
  • the purchase by that government or public body of products; or

(b) any form of income or price support as referred to in Article XVI of the General Agreement on Tariffs and Trade 1994 that is received from such a government or public body in the country of export,

but shall not include any government action that satisfies the conditions described in footnote 1 of the Agreement of Subsidies and Countervailing Measures.

(2) Subject to subsection (4), a subsidy shall be countervailable if the receipt of the benefit is, in law or in fact—

(a) specific to an enterprise or industry or group of enterprises or industries within the jurisdiction of the granting authority; or (b) contingent upon—

  • export performance;
  • the use of domestic over imported products; or
  • location in a designated geographic region within the jurisdiction of the granting authority.

(3) A subsidy shall not be countervailable if the Minister determines that—

  • the Government action satisfies the conditions described in paragraph (a), (b) or (c) of Article 8.2 of the Agreement on Subsidies and Countervailing Measures;
  • the Government action has been notified in accordance with Article 8.3 of the Agreement on Subsidies and Countervailing Measures and there has been no determination by the Committee on Subsidies and Countervailing Measures or an arbitral body under Article 8.4 or 8.5 of that Agreement that the action does not satisfy the criteria in Article 8.2. of that Agreement; or
  • the Government action is a domestic support measure that meets the criteria or conditions set out in Annex 2 to the Agreement on Agriculture.
  • The amount of countervailable subsidy shall be calculated in the prescribed manner.
  • For the purposes of these regulations—

(a)   parties shall be deemed to be related if—

  • one of them, directly or indirectly, controls the other;
  • both of them are, directly or indirectly controlled by a third party; or (iii) together they, directly or indirectly, control a third party:

Provided that one party shall be deemed to control another when the first–mentioned party is legally or operationally in a position to exercise restraint or direction over the latter.

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