Customs Duties (Dumping and Subsidies) Amendment Act 1968 s 2

s 2

(1) An order imposing a duty of customs, or a provisional charge to such a duty, shall not be made under the Customs Duties (Dumping and Subsidies) Act 1957 in respect of the dumping or subsidisation of goods of any description as being goods which originated in or were exported to the United Kingdom from a treaty country, unless the conditions mentioned in this section are fulfilled; but subsections (2) to (4) below shall not restrict the making of orders in other cases. (2) An order imposing a duty of customs shall not be made unless the Board of Trade are satisfied that the effect of the dumping or of the giving of the subsidy either— (a) is such as to cause or threaten material injury to an established industry in the United Kingdom, or such as to retard materially the establishment of an industry in the United Kingdom; or ; (6) is such as to cause or threaten material injury to an established industry in another treaty country in which originate any like goods (that is, any identical or comparable goods) imported into the United Kingdom. (3) An order imposing a provisional charge to duty shall not be made unless the facts so far before the Board of Trade indicate 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. (4) An order shall not be made imposing a duty on goods of any description retrospectively by virtue of section 1(1) above, unless the Board of Trade are satisfied, as regards importations made during or before the period of the provisional charge, that the effect of the dumping or of the giving of the subsidy has been such as to cause material injury to an established industry in the United Kingdom. (5) In this section “ treaty country ” means a country in relation to which Her Majesty’s Government in the United Kingdom is for the time being bound under the provisions of the General on Tariffs and Trade concluded at Geneva in the year ‘greement 7. (6) In the Customs Duties (Dumping and Subsidies) Act 1957 the proviso to section 1(1) is hereby repealed.