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Legislation
Customs Duties (Dumping and Subsidies) Act 1969 (repealed 31.7.1998)

Crossheading Principal provisions as to anti-dumping duties

  • Section 1 Charge of anti-dumping duties.
  • Section 2 Relief by reference to actual margin of dumping.
  • Section 3 Ascertainment of export price from country of origin (basic rules).
  • Section 4 Ascertainment of fair market price in country of origin (basic rules).
  • Section 5 Meaning of “country of origin”, and adjustments of rules as to export price and fair market price.
  • Section 6 Meaning of “country of exportation,” and export price and fair market price there.
  1. Principal provisions as to anti-dumping duties
  2. Relief by reference to actual margin of dumping.

Section 2 | Relief by reference to actual margin of dumping.

From legislation.gov.uk

(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 three 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.F1

(5)If a person for the purposes of an application under this section—F2

(a)makes any statement which is false in a material particular; or

(b)produces any account, estimate, return or other document which is false in a material particular;

the amount of any duty remitted or repaid under this section on the application shall be recoverable as a debt due to the Crown; and if the statement was made or the document was produced knowingly or recklessly, that person shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale or to both.

Notes

  1. F1

    Words substituted by Finance Act 1978 (c. 42), Sch. 1 para. 2

  2. F2

    Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703, (N.I. 3) arts. 5, 6

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