Non-Tariff Barriers

Non-Tariff Measure

NTM classification

D21: Countervailing investigation 

Date when the measure came into force

01 July 1955 

Publication where the measure is specified

Customs and excise Act as at January 2015 

Regulation where the measure is specified

Customs and excise Act as amended by G.N No 407 of 1963 and Act No. 4 of 1999 

Country/Region applying the measure

Zambia 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

75. (1) Where a complaint has been made and an investigation has been carried out, in accordance with regulations made under this Act and the Minister is satisfied in relation to the importation into Zambia of goods that
(a) the goods have been or are being dumped or subsidized; and
(b) material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially threatened or the establishment of an industry has been or is being materially retarded as a result of the dumping or subsidy;the Minister may by statutory order determine that
(i)there shall be charged, collected and paid on demand by the Customs Services Division on those goods which are dumped, a dumping duty; and
(ii) there shall be charged, collected and paid on demand by the Customs Services Division on those goods which are subsidised a countervailing duty.
(2) Subject to section seventy-five C, the duty under this section
(a) shall apply to any goods entered for consumption on or after the date of notice under subsection (1); and (b)may be imposed retrospectively.
(3) The dumping duty or countervailing duty levied pursuant to subsection (1) as determined by the Minister shall be at a rate
(a) in the case of dumped goods, not exceeding the difference between the export price of the goods and their normal value; and
(b) in the case of subsidised goods, not exceeding the amount of subsidy on the goods.
(4) In determining the rate of duty under subsection (3), the Minister shall have regard to the desirability of ensuring that the amount of dumping or countervailing duty in respect of such goods is not greater than is necessary to prevent the material injury or a re-occurrence of the material injury to an industry or the material threat or retardation to the establishment of an industry, as the case may require.
(5)The Minister may, by statutory order revoke, in whole or in part, any Such dumping or countervailing duty imposed under this section.(Act No. 4 of 1999)
75A. (1) In determining, for the purposes of section seventy-five, whether or not any material injury to an industry has been or is being caused or threatened or whether or not the establishment of an industry has been or is being materially retarded by means of the dumping or the subsidising of goods exported or intended to be exported to Zambia from another country, the Minister shall examine
(a) the volume of the dumped or subsidised imports;
(b) the effect of the dumped or subsidised imports on prices in the Zambian market for like goods; and
(c) the consequent impact of the dumped or subsidised imports on the relevant Zambian industry.
(2) Without limiting the generality of subsection (1) the Minister shall have regard to the following matters:
(a) The extent to which there has been or is likely to be a significant increase in the volume of dumped or subsidised imports of the goods either in absolute terms or in relation to production or Consumption in Zambia;
(b) The extent to which the effect of the dumped or subsidised imports is or is likely significantly to depress prices for the goods in Zambia or significantly prevent price increases for the goods which otherwise would have occurred; and
(C) the economic impact of the dumped or subsidised imports on the
industry including
(i) actual and potential decline in output, sales market share, profits, productivity, return on investments, and utilisation of production capacity;
(ii) factors affecting domestic prices; and
(iii) actual and potential effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investments.(Act No. 4 of 1999)
75B.(1) Where a complaint has been made in accordance with and the Minister is satisfied that a dumping countervailing investigation shall be undertaken, the Minister may, by statutory order, impose a provisional dumping or countervailing duty that shall, subject to the provisions of section seventy five C, have effect on any such goods entered for consumption on or after the date of such notice.
(2) In the determining any provisional dumping or countervailing duty, the Minister shall have regard to the provisions of sections seventy-five and seventy-five A and to the likely final outcome of the investigation.
(3) Where provisional dumping or countervailing duty is imposed under section seventy-five, there shall be a full dumping and countervailing investigation carried out in accordance with regulations made under this Act
(4) Provisional dumping and countervailing duty shall apply to any such Specified goods imported within a period of one hundred days from the date of notification unless such duty is sooner revoked by the Minister or such period is extended by statutory order.
(5) The period of application of any provisional dumping or countervailing duty shall not be extended beyond thirty days following the date on which it was due to cease.
(6) Where provisional dumping duty is found on the completion of the investigation to have been incorrectly levied or levied at a higher rate than that subsequently found to be appropriate, such duty or part thereof shall be refunded to the importer. (Act No. 4 of 1999)
75C (1) Dumping and countervailing, or provisional dumping or countervailing duties levied pursuant to sections seventy-five or seventy-five B, as the case may be, shall only be applied to goods that are entered for consumption on or after the imposition of the duties by statutory order except as may be provided in this section.
(2) Where the Minister determines pursuant to section seventy-five that material injury has been or is being caused and that dumping or countervailing duty shall apply at a higher rate than any provisional duty that has been levied, the higher rate shall be applied retrospectively on and from the date on which the provisional duty was levied and such additional duty shall be charged, collected and paid on demand of the Customs Services Division.
(3)Where the Minister determines
(a)in respect of dumped goods:
(i) that there is a history of dumping causing material injury or that the importer was or is aware that the goods were dumped and that such dumping would cause injury; or
(ii) that the material injury is caused by substantial dumped imports of a product in a relatively short period to such an extent that in order to prevent it recurring the Minister is of the opinion that it is necessary to levy a dumping duty retrospectively;
(b) in the case of subsidised goods, where the Minister determines that material injury is caused by substantial imports, in a relatively short period, of goods benefiting from export subsidies paid or bestowed inconsistently with the provisions of the General Agreement on Tariffs and Trade 1994 and the Agreements thereto relating to anti-dumping and countervailing measures, and for the purpose of precluding the recurrence of such material injury, the Minister imposes a countervailing duty retrospectively;- the Minister may levy dumping or countervailing duty, as the case may be, on goods which were entered for consumption not more than ninety days prior to the date of the notification of any provisional duty.(Act No. 4 of 1999)
75D. Where the Minister is satisfied, in relation to the importation of goods into Zambia which have been produced or manufactured in another country, that
(a) the goods are or have been dumped or subsidized; and
(b) Material injury to a domestic industry of a third country has been Or is being caused or threatened or the establishment of a domestic
Industry of a third country has been or is being materially retarded by the dumping or subsidy; the Minister may, if requested by the Government of the third country so to do, by statutory order, declare that the provisions of this Act, shall, with necessary modification, apply with respect to the effect of those goods on a Zambian industry, and the Minister may, by statutory order, impose dumping or countervailing duty. (Act No. 4 of 1999)
75E. (1) The Commissioner-General or other person undertaking an inquiry relating to subsidized or dumped goods shall have the powers, rights, privileges and duties conferred or imposed on a Commissioner by the Inquiries Act.
(2) The provisions of the Inquiries Act shall apply to an inquiry held for the purpose of investigating a complaint against subsidized or dumped goods and to a person summoned to give evidence, or giving evidence at such inquiry 

Reference of the measure

Part VII Para 75 A, & 75B, (3),75c and 75E 

Measure also domestic

No 

Products affected by the measure.

Description

All imports consumed domestically 

Countries/Regions affected by the measure.

Description

All importing countries