The Anti-Dumping Duties Rules, 2001

NOTIFICATION
S.R.O. 203(I)/2001.- In exercise of the powers conferred by section 67 of the Anti-
Dumping Duties Ordinance, 2000 (LXV of 2000), the Federal Government is pleased to
make the following rules, namely:-
1. Short title and commencement. – (1) These rules may be called the Anti-
Dumping Duties Rules, 2001;
(2) They shall come into force at once.
2. Definitions. – (1) In these rules, unless there is anything repugnant in the
subject or context;
(a) “Application” means an application made under section 20 of the
Ordinance;
(b) “Ordinance” means the Anti-Dumping Duties Ordinance, 2000 (LXV of
2000); and
(c) “Schedule” means the schedule to these rules.
(2). All words and expressions used in these rules but not defined herein, shall have
the meaning assigned to them in the Ordinance.
3. Disclosure in application. – An application shall, in addition to the information
specified in section 20 of the Ordinance, contain such information as is reasonably available
to an applicant on the following, namely:-
(a) name, address, telephone number, facsimile number and electronic mail
address of the applicant;
(b) the identity of domestic industry by or on behalf of which the application is
being made, including the names, addresses and telephone numbers,
facsimile numbers and electronic mail addresses of all other known producers
or, association of producers which is a trade organisation as defined in the
Trade Organisations Ordinance, 1961 (XLV of 1961), and has been granted
or deemed to have been granted a licence thereunder, in domestic industry;
(c) information relating to the degree of domestic industry support for the
application, including -
(i) the total volume and value of domestic production of a domestic like
product; and
(ii) the volume and value of a domestic like product produced by the

applicant and by each domestic producer identified;
(d) a complete description of the allegedly dumped product, including the
technical characteristics and uses of such product and its current customs
tariff classification number as specified in the First Schedule to the Customs
Act, 1969 ( IV of 1969);
(e) the country in which the allegedly dumped product is manufactured or
produced and, if it is imported from a country other than the country of
manufacture or production, the intermediate country from which the product
is imported;
(f) the name and address of each person the applicant believes sells the allegedly
dumped product and the proportion of total exports to Pakistan that person
accounted for during the most recent twelve-month period;
(g) information on prices at which the product in question is sold when destined
for consumption in domestic market of the country of export or origin or,
where appropriate, information on the prices at which the product is sold
from the country of export or origin to a third country or on the constructed
value of the allegedly dumped product, and information on export prices or,
where appropriate, on the prices at which the allegedly dumped product is
first resold to an independent buyer in Pakistan, and on any adjustments as
provided for in section 11 of the Ordinance; and
(h) information on an evolution of volume of the allegedly dumped imports, the
effect of such imports on prices of a domestic like product in domestic
market and the consequent impact of the imports on domestic industry as
demonstrated by relevant factors and indices having a bearing on the state of
domestic industry, including those listed in sections 15, 16, 17, and 18 of the
Ordinance, and information on the existence of a causal link within the
meaning of section 19 of the Ordinance.
4. Commission to avoid publicising application. – The Commission shall not, unless a
decision has been made to initiate an investigation, publicise an application.
5. Initiation of investigation. – The Commission shall normally decide whether or not to
initiate an investigation within a period of forty-five days of the date of receipt of an
application compliant with the requirements of section 20 of the Ordinance:
Provided that when such application involves complex issues, or if the Commission
has sought additional information from the applicant, the time period may, if the
Commission so deems fit, be extended to sixty days.
6. Disclosure in notice of initiation of an investigation. – The notice of initiation of

investigation referred to in section 27 of the Ordinance shall contain adequate information
on the following , namely:
(a) the name of the country or countries of export, and if different, the country or
countries of origin of an investigated product;
(b) a complete description of an investigated product, including the technical
characteristics and uses of such product and its current tariff classification
number as contained in the First Schedule to the Customs Act, 1969 ( IV of
1969);
(c) a description of the alleged dumping to be investigated, including the basis
for such allegations;
(d) a summary of the factors on which the allegations of injury are based;
(e) the address where information and comments may be submitted and the time
period allowed to interested parties for making their views known;
(f) the date of initiation of an investigation; and
(g) the proposed schedule for an investigation.
7. Public file to be maintained for interested party and access thereto. – (1) The
Commission shall establish and maintain a public file relating to each investigation or
review pursuant to the Ordinance and subject to the requirement to protect confidential
information under section 31 of the Ordinance, the Commission shall place in such file-
(a) all public notices relating to an investigation or review;
(b) all materials, including questionnaires, responses to questionnaires, and
written communications submitted to the Commission;
(c) all other information developed or obtained by the Commission; and
(d) any other documents the Commission deems appropriate for disclosure to an
interested party.
(2) The public file to be maintained under sub-rule (1) shall be available to any
interested party for review and copying at the offices of the Commission, during such time
as the Commission may notify, throughout the course of an investigation or review and any
appeal under section 64 of the Ordinance.
8. Acquisition of information. – The Commission shall solicit, gather, obtain,
accept and reject information for the purposes of an investigation under section 35 of the
Ordinance in accordance with the following, namely:-
(a) upon initiation of an investigation, the Commission shall send questionnaires to any
person they believe may have information relevant to an investigation, including
known domestic producers, importers, exporters and foreign producers and, such
questionnaires may require such information, as the Commission deems necessary;
(b) the Commission shall give exporters and foreign producers receiving a
questionnaire at least thirty days for reply and the time limit shall be counted from
the date of receipt of the questionnaire which, for this purpose shall be deemed to
have been received one week from the date on which it was sent to the respondent
or transmitted to the appropriate diplomatic or official representative of an exporting
country; provided that the Commission shall give due consideration to any request
for an extension of such thirty day period, and shall grant an extension whenever
practicable, upon good cause shown, taking into account the time limits for an
investigation;
(c) The Commission may disregard any reply to a questionnaire, which is not submitted
within the time provided and in the form requested;
(d) the Commission may, during the course of an investigation, request further
information from interested parties, in the form of supplementary questionnaires, or
written requests for clarification or additional information and such requests shall
state the date by which reply is due and sufficient time shall be granted by the
Commission in order to allow meaningful replies;
(e) any interested party may, on its own initiative, submit to the Commission, in
writing, any information it considers relevant to an investigation and the
Commission shall consider such information unless such consideration would be
unduly burdensome to the Commission or disrupt the timely progress of an
investigation:
Provided that any voluntary submission of factual information relevant to the
determination of dumping or injury shall be submitted to the Commission in writing
prior to the date of preliminary determination; and
(f) the Commission shall allow industrial users of an investigated product in Pakistan,
and representative consumer organisations in cases where an investigated product is
commonly sold at the retail level in Pakistan, to provide information concerning
matters relevant to an investigation regarding dumping and injury and such
information shall be provided to the Commission in writing.
9. Preliminary written arguments. – Not later than fifteen days before the
scheduled date of preliminary determination, interested parties may submit written
arguments to the Commission concerning any matter relevant to an investigation.
10. Disclosure in notice of preliminary determination. – The notice of
preliminary determination referred to in sub-section (2) of section 37 of the Ordinance
notice shall also contain the following information; namely:
(a) the names of the known exporters and producers of an investigated product;
(b) description of an investigated product which is sufficient for customs
purposes, including the current customs tariff classification number as
contained in the First Schedule to the Customs Act, 1969 (IV of 1969);
(c) the amount of dumping margin, if any, found to exist and the basis for such
determination including a description of the methodology used in
determining normal value, export price, and any adjustments made in
comparing the two;
(d) if the method of comparison as provided for in sub-section (2) of section 12
of the Ordinance was used, the explanation required under clause (b) of subsection
(2) of section 12 of the Ordinance;
(e) if the Commission declined to determine an individual dumping margin on
the basis of voluntary responses as provided for in sub-section (4) of section
14 of the Ordinance, the basis for that decision;
(f) the factors that have led to the determination of injury including information
on factors other than dumped imports that have been taken into account; and
(g) the amount of any provisional measures to be applied and the reasons why
such provisional measures are necessary to prevent injury caused during an
investigation.
11. Disclosure after preliminary determination. – The Commission shall, on
request made within fifteen days of publication of the notice of preliminary determination
pursuant to sub-section (2) of section 37 of the Ordinance, hold separate disclosure
meetings with exporters or producers requesting such a meeting, to explain the dumping
calculation methodology preliminarily applied for that exporter or producer. The
Commission shall provide an opportunity to the exporters or producers or their legal
representatives to examine and receive copies of the dumping calculations done by the
Commission for their exports to Pakistan.
12. Verification of information. – (1) Save as provided for in section 32 of the
Ordinance, the Commission shall, during the course of an investigation, satisfy itself as to
the accuracy of information supplied by interested parties upon which its findings are
based.
(2) In order to verify information provided or to obtain further details, the Commission
6
may carry out investigations in other countries as may be required; provided that it shall
obtain the agreement of the firms concerned and that they notify the representatives of the
government of the country in question unless the latter objects to an investigation.
(3) The procedures set out in the First Schedule shall apply to any verification carried
out in the territory of other countries. The Commission shall prepare a report on any
verification conducted pursuant to this such rule and such report shall be available to the
company to which it pertains in full, and a non-confidential version shall be placed in the
public file kept under rule 7. The Commission shall endeavour to complete any such
verification prior to the date of any hearing in an investigation.
13. Written arguments. – (1) In an investigation in which no hearing is
requested, any interested party may submit written arguments to the Commission
concerning any matter it considers relevant to an investigation not later than forty-five days
before the date proposed for final determination.
(2) In an investigation in which a hearing is held, not later than ten days before the
specified date of a hearing, any interested party may submit written arguments to the
Commission concerning any matter it considers relevant to an investigation. Following such
a hearing, interested parties who participated in the hearing may, within ten days, submit
further written arguments to the Commission in response to arguments and information
presented at the hearing.
14. Procedure for a hearing. – (1) The Commission shall, upon request by an
interested party made not later than thirty days after publication of a notice of preliminary
determination, hold a hearing at which all interested parties may present information and
arguments:
Provided that such a hearing shall be held not later than sixty days prior to the date
proposed for final determination.
(2) There shall be no obligation on any interested party to attend a hearing, and
failure to do so shall not be prejudicial to that interested party’s case.
(3) A hearings shall to the maximum extent possible, be organised by the
Commission so as to take into account the convenience of the interested parties.
(4) Interested parties intending to appear at a hearing shall notify the Commission of
the names of representatives and witnesses who shall appear at a hearing at least seven days
before the date of the hearing.
(5) A hearing shall be organised in such manner so as to ensure that all parties
participating have an adequate opportunity to present their views.
(6) The Secretary to the Commission shall maintain a record of the hearing, which
subject to the requirement to protect confidential information under section 31 of the

Ordinance be promptly placed in the public file to be maintained under rule 7.
(7) Interested parties shall also have the right, on justification, to present other
information orally to the Commission during meetings with officials of the Commission:
Provided that such information shall be only taken into consideration by the
Commission if such information is confirmed in writing to the Commission and made
available to other interested parties. Such information shall be deemed to have been made
available to third parties upon it being placed by the Commission in the public file to be
maintained under rule 7.
(8) After a hearing has been held and the Commission has completed
verification of information collected in the course of an investigation and, in any event, at
least thirty days before the proposed date for final determination, the Commission shall
inform all interested parties, in writing, subject to the requirement to protect confidential
information under section 31 of the Ordinance, of the essential facts under consideration
which shall form the basis a decision whether to apply definitive measures under the
Ordinance:
Provided that such information shall not indicate whether a final determination is
affirmative or negative.
(9) Interested parties may submit comments, if any, on the information disclosed to
them by the Commission pursuant to sub-rule (8), in writing, not later than fifteen days of
such disclosure by the Commission.
15. Disclosure in the notice of final determination. – The notice of final
determination provided for in sub-section (3) of section 39 of the Ordinance shall, in
addition to the information required under the Ordinance, contain the following
information, namely:-
(a) the names of the known exporters and producers of an investigated product;
(b) description of an investigated product which is sufficient for customs
purposes, including the current tariff classification number as contained in the
First Schedule to the Customs Act, 1969 (IV of 1969);
(c) if a dumping margin has been calculated, a description of the methodology
used in determining normal value, export price, and any adjustments made in
comparing the two;
(d) if the method of comparison provided for in sub-section (2) of section 12 of
the Ordinance was used, the explanation required under clause (h) of subsection
(2) of section 12 of the Ordinance;
(e) if the Commission declined to determine an individual dumping margin on

the basis of voluntary responses, as provided for in sub-section (4) of section
14 of the Ordinance, the basis for that decision;
(f) the factors that have led to the determination of injury within the meaning of
the Ordinance including information on factors other than dumped imports
that have been taken into account;
(g) any other reasons leading to final determination; and
(h) the reasons for the acceptance or rejection of relevant arguments or claims
made by exporters and importers.
16. Disclosure after final determination. – After final determination has been
issued, the Commission shall, on request made within fifteen days of the publication of the
notice of final determination, hold separate disclosure meetings with exporters or producers
requesting such a meeting, to explain the dumping calculation methodology finally applied
for that exporter or producer. The Commission shall provide an opportunity to the exporters
or producers or their legal representatives to examine and receive copies of the dumping
calculations done by the Commission for their exports to Pakistan.
17. Disclosure in application for refund of anti-dumping duties collected. – (1) An
application under sub-section (2) of section 52 of the Ordinance for refund of anti-dumping
duties collected shall contain the following information, namely:-
(a) the amount of refund of anti-dumping duties claimed for the period;
(b) all customs documentation relating to calculation and payment of such amount; and
(c) sufficient information to enable the Commission to calculate normal value and
export price for the period for which the refund is requested.
(2) Where an importer is not associated with a producer or an exporter and such information
is not immediately available, or where the producer or the exporter is unwilling to release it
to an importer, the application under sub-section (2) of section 52 of the Ordinance shall
contain a statement from the producer or exporter that the dumping margin has been reduced
or eliminated and that the relevant supporting evidence shall be directly provided to the
Commission:
Provided that where such evidence is not forthcoming in a complete form from the
exporter or producer within a reasonable period of time, as determined by the Commission,
the application shall be rejected by the Commission.
18.Disclosure in notice of acceptance of price undertaking. – The notice of
acceptance by the Commission of a price undertaking referred to in sub-section (6) of
section 47 of the Ordinance shall also contain the following information, namely:-

(a) the names of the suppliers of an investigated product or where this is
impractical the supplying countries involved;
(b) description of an investigated product which is sufficient for customs
purposes, including the current customs tariff classification number as
contained in the First Schedule to the Customs Act, 1969 (IV of 1969);
(c) the amount of dumping margin found to exist and the basis for such
determination including a description of the methodology used in
determining normal value, export price, and any adjustments made in
comparing the two;
(d) the factors that have led to the determination of injury including, information
on factors other than dumped imports that have been taken into account; and
(e) the main reasons leading to the acceptance by the Commission of price
undertaking.
19.Official file to be maintained by the Commission. – (1) The Commission
shall establish and maintain an official file relating to each investigation or review pursuant
to the Ordinance and shall place in such file-
(a) all materials, papers and documents, confidential or otherwise, including
questionnaires, responses to questionnaires, and written communications
submitted to or by the Commission in connection with any investigation or
review;
(b) all documents relating to or setting out any calculations made by the
Commission in connection with any investigation or review.
(c ) all internal correspondence or memoranda of the Commission relating to or in
connection with any investigation or review that are relevant to the
calculation of dumping margin or determination of injury including, any
correspondence with or between any other Ministry, Division, department,
agency or instrumentality of the Federal Government or any Provisional
Government;
(d) any other information developed, obtained or relied on by the Commission in
connection with any investigation or review; and
(e) any other document or information that the Commission deems appropriate
for placing in the official file.
(2). The official file to be maintained under sub-rule (1) shall only be for the internal
use of the Commission and for the Appellate Tribunal in connection with a appeal under

section 64 of the Ordinance.
20.Fee payable under the Ordinance. – The fee payable to the Commission at the
time of submission of an application shall be in the amount set out in the Second Schedule.
THE FIRST SCHEDUL
[See rule 12(3)]
PROCEDURES FOR ON-THE-SPOT INVESTIGATIONS
1. Upon initiation of an investigation, the government of the exporting country and the
firms known to be concerned should be informed of the intention to carry out
on-the-spot investigations by the Commission.
2. If in exceptional circumstances it is intended to include non-governmental experts in
the investigating team, the firms and the authorities of the exporting country should be
so informed. Such non-governmental experts should be subject to effective sanctions
for breach of confidentiality requirements under the Ordinance.
3. The Commission shall normally obtain explicit agreement of the firms concerned in
the exporting country before a visit is finally scheduled.
4. As soon as the agreement of the firms concerned has been obtained, the
Commission shall notify the concerned authorities of the exporting country of the
names and addresses of the firms to be visited and the dates agreed.
5. Sufficient advance notice should be given by the Commission to the firms in
question before a visit is made.
6. Visits to explain the questionnaire should only be made at the request of an
exporting firm. Such a visit may only be made if: (HH) the Commission notifies the
concerned representatives of the exporting country; and (HH) the latter does not
object to the visit.
7. As the main purpose of a on-the-spot investigation is to verify information
provided or to obtain further details, it should be carried out after the response to a
questionnaire has been received unless the firm agrees to the contrary and the
government of the exporting country is informed by the Commission of an
anticipated visit and does not object to it. The Commission shall normally advise the
firms concerned of the general nature of the information to be verified and of any
further information which needs to be provided; that such requirement shall not
preclude the Commission from requesting further details on-the-spot to be provided
in the light of information obtained.
8. Enquiries or questions put by the authorities or firms of the exporting country and
essential to a successful on-the-spot investigation shall, whenever possible, be
answered by the Commission before a visit is made.
THE SECOND SCHEDULE
[See rule 20]
TABLE OF FEES TO BE PAID TO THE COMMISSION
1. For an application under section 20 of the Ordinance. 75,000
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NOTIFICATION
S.R.O. (I)/2001.-In exercise of the powers conferred by section 34 of the Countervailing
Duties Ordinance, 2001(1 of 2000), the Federal Government is pleased to make the
following rules, namely:-
1. Short title and commencement. – (1) These rules may be called the
Countervailing Duties Rules, 2001;
(2) They shall come into force at once.
2. Definitions. – (1) In these rules, unless there is anything repugnant in the subject
or context;
(f) “Application” means an application made under section 11 of the
Ordinance;
(g) “Ordinance” means the Countervailing Duties Ordinance, 2001 (1 of 2001).
(h) “Schedule” means the schedule to these rules.
(2). All words and expressions used in these rules but not defined herein, shall have
the meaning assigned to them in the Ordinance.
3. Fee payable under the Ordinance. – The fee payable to the Commission at the
time of submission of the application under section 11 of the Ordinance shall be in the
amount set out in the schedule to these rules.
14
THE FIRST SCHEDULE
[See rule 3]
TABLE OF FEES TO BE PAID TO THE COMMISSION
1. For an application under section 20 of the Ordinance. 75,000
National Tariff Commission
Islamabad March 26, 2001
Subject: Draft Countervailing Duties Rules 2001
In continuation of this Commission’s letter dated 2nd January 2001 on the above
subject.
The Countervailing Duties Ordinance contains all the requisite provision for carrying out
countervailing investigation, and for imposition of provisional as well as final countervailing
duties.
Rules are required only under section 11 of the ordinance prescribing fee payable to
the commission along with an application, thus the enclosed rules contain only one
provision specify payment of fee. These rules may be approved and notified.
Imran Zia
Director (Anti Dumping)
Mr. Gulrez Yazdani
Joint Secretary (WTO)
Ministry of Commerce,
Islamabad.