NTC: Antidumping Gateway

	Anti-Dumping Duties Ordinance, 2000
	Anti-Dumping Duties Rules, 2001
	Application & Questionnaires
	Investigation Process Flow-Chart
	Anti-Dumping Investigations
	FAQ's

Anti-Dumping

Introduction

Pakistan has liberalized its trade particularly over the recent past. Being one of the founding members of GATT (in 1947) and the WTO (in 1995), Pakistan is a natural partner in the new international trade regime.

While the liberal trade offers barrier-free access to international markets, it also posses competitive challenges to industries of developing countries. Besides, unhindered and free trade may entail unfair trade practices such as “dumping”. Realizing that Pakistan’s domestic industry may also face similar situations, the Government promulgated a law (the Anti-Dumping Duties Ordinance, 2000), which provides adequate remedy against dumping and its injurious effects on domestic industry.

Anti-Dumping Duties Ordinance, 2000

The Anti-Dumping Duties Ordinance, 2000 (the “Ordinance”) gives effect in Pakistan to the WTO Agreement on Antidumping.

The Ordinance empowers the National Tariff Commission (the “Commission”) to process an application against alleged dumping of a product and to impose appropriate antidumping duties.

When can an Antidumping Duty be Imposed?

The antidumping duty can only be imposed if it is established, after due process, that:

i) a product has been dumped into Pakistan; and

ii) the dumping has caused or threatens to cause material injury to Pakistan’s domestic industry.

What is Dumping?

Dumping occurs when a product is exported at a price lower than the price at which it is sold in the domestic market of exporting country.

What is Material Injury?

Material injury takes place if the dumped imports cause adverse effects on the domestic industry. These may include inter alia:

· decline in sales, profits, output, market share, productivity, return on investment, utilization of capacity; and

· negative effect on cash flow, inventories, employment, wages, growth, ability to raise capital.

Duration of Antidumping Duty

Definitive (final) antidumping duty is imposed for a period of five years which may extend further upto five years.

How to Apply for Imposition of Antidumping Duty?

A written application for imposition of an antidumping duty may be filed with the Commission by the domestic industry. This needs to include evidence of dumping and injury caused therefrom.
The pre-application counseling section of the Commission provides guidance in this regard.

Sources of Information

The information/data for the purposes of filling up questionnaire may, inter alia, be obtained from:

· Domestic industry (the applicant itself)

· Government of exporting country

· Importers

· Industrial users

· Exporters

· Foreign producers

· Press and publications

· Consulting firms

· Internet etc.

. GoP (CBR, PRAL, Statistics Div)

Transparency

For the sake of transparency, the Commission maintains a public file for each antidumping case, which is open for inspection to all interested parties for review and copying. The public file contains only the non-confidential version of the application, responses to the questionnaires, replies, notices, the Commission’s determinations, reports and other documents deemed appropriate for disclosure to interested parties.

Time Frame for Processing of an Application

An antidumping application is processed within a period of 12 months. However, provisional antidumping duty can be imposed after 60 days of initiation of the investigaiton.

Appeal Against the Commission’s Decision

If an interested party is not satisfied with the Commission’s final decision, it may approach the Appellate Tribunal, set up under the Ordinance. Alternatively, an affected exporting government may approach the WTO Dispute Settlement Body (DSB) in Geneva and lodge a complaint against the Commission’s decision. The DSB then sets up a panel to adjudicate.

Further Information

For further information please click.

The text of the Anti-Dumping Duties Ordinance, 2000, Anti-Dumping Duties Rules, 2001, questionnaire to file an application and other related material is available on the Commission’s website. The text of the WTO's Anti-Dumping Agreement may be accessed at WTO’s website: www.wto.org