   
  
G/ADP/N/1/MUS/4  
G/SCM/N/1/MUS/4  
G/SG/N/1/MUS/2  
 
17 July 2023  
(23-4811) Page: 1/45 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
MAURITIUS  
The following communication, dated 6 June 2023 and received on 22 June  2023, is being circulated 
at the request of the delegation of Mauritius.  
 
_______________  
THE TRADE (ANTI -DUMPING , COUNTERVAILING AND SAFEGUARD  MEASURES)  ACT 20 22 
 
ACT No. 19 of 2022 
I assent  
 
PRITHVIRAJSING ROOPUN, G.C.S.K.  
 
2nd December 2022  President of the Republic  
 
_______________  
 
 
ARRANGEMENT OF SECTIONS  
 
Section  
 
PART I – PRELIMINARY  
 
1. Short title  
2 Interpretation  
3. Particular market situation  
4. Producer deemed to be related to exporter or importer  
5. Meaning of "domestic industry"  
6. Application of Act  
 
PART II – TRADE REMEDI ES INVESTIGATING AUTHORITY  
 
7. Establishment of Authority  
8. Functions of Authority  
9. Meetings of Authority  
10. Staff of Authority  
11. Impartiality and disclosure of interest  
12. Annual report  
13. Directions by Minister  
14. Protection from liability  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  PART III – DUMPING  
 
15. Dumped product  
16. Imposition of anti -dumping measures  
17. Determination of normal value based on prices in country of export or origin  
18. Determination of normal value based on export price to a third  country or on constructed 
value  
19. Sale not made in the ordinary course of trade  
20. Calculation of costs  
21. Non-market economies  
22. Determination of export price  
23. Comparison between normal value and export price  
24. Comparison methods  
25. Currency conversion  
26. Individual dumping margin  
 
PART IV – SUBSIDISATION AND COUNTERVAILING MEASURES  
 
27. Imposition of countervailing measures  
 
PART V – DETERMINATION OF INJURY AND CAUSAL LINK  IN 
DUMPING  AND SUBSIDISATION  
 
28. Determination of injury  
29. Examination of volume of dumped or subsidised imports and their effects on prices  
30. Cumulation  
31. Examination of impact of dumped or subsidised imports on domestic industry  
32. Threat of material injury in relation to dump ed or subsidised imports  
33. Causal link in relation to dumped or subsidised imports  
 
PART VI – SAFEGUARD MEASURES  
 
34. Requirements to impose a safeguard measure  
35. Injury and causal link in safeguard investigations  
 
PART VII – INITIATION OF ANTI -DUM PING AND  
COUNTERVAILING INVESTIGATIONS  
 
36. Application for anti -dumping or countervailing investigation  
37. Evidence and information required in anti -dumping or countervailing investigation application 
38. Publication of anti -dumping or countervailing inv estigation application  
39. Withdrawal of anti -dumping or countervailing investigation application before initiation  
40. Initiation of anti -dumping or countervailing investigation  
41. Self-initiation of anti -dumping or countervailing investigation  
42. No anti-dumping or countervailing investigation for negligible infringement  
43. Public notification of initiation of anti -dumping or countervailing investigation  
44. Disclosure of anti -dumping or countervailing investigation application  
 
PART VIII – INITIATION OF SAFEGUARD INVESTIGATIONS  
 
45. Application for safeguard investigation  
46. Evidence and information required in safeguard investigation application  
47. Publication of safeguard investigation application  
48. Withdrawal of safeguard investigation application before initiation  
49. Initiation of safeguard investigation  
50. Self-initiation of safeguard investigation  
51. No safeguard investigation for negligibl e infringement  
52. Public notification of initiation of safeguard investigation  
53. Disclosure of safeguard investigation application  
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  PART IX – CONDUCT OF INVESTIGATIONS  
 
54. Duration of investigations  
55. Customs clearance  
56. Confidentiality  
57. Sampling  
58. Reliance on information available  
59. Register of investigations  
 
PART X – ANTI -DUMPING AND COUNTERVAILING  
INVESTIGATION PROCEDURES  
 
60. Time frame for anti -dumping or countervailing investigation  
61. Gathering of information during anti -dumping or countervailing investigation  
62. Preliminary written arguments in respect of anti -dumping or countervailing investigation  
63. Preliminary dete rmination in anti -dumping or countervailing investigation  
64. Disclosure after preliminary determination in anti -dumping or countervailing investigation  
65. Offer of undertaking  
66. Acceptance of undertaking  
67. Notification of undertaking  
68. Continua tion of investigation  
69. Violation of undertaking  
70. Review of undertaking  
71. Verification of information in anti -dumping or countervailing investigation  
72. Written arguments in anti -dumping or countervailing investigation  
73. Hearings in anti -dumping or countervailing investigation  
74. Contributions by industrial users and representative consumer organisations  
75. Essential facts  
76. Final determination in anti -dumping or countervailing investigation  
77. Disclosure  
 
PART XI – SAFEGUARD INVEST IGATION PROCEDURES  
 
78. Time frame for safeguard investigation  
79. Gathering of information during safeguard investigation  
80. Preliminary written arguments in respect of safeguard investigation  
81. Preliminary determination in safeguard investigation  
82. Consultations after preliminary determination in safeguard investigation  
83. Verification of information in safeguard investigation  
84. Written arguments in safeguard investigation  
85. Hearings in safeguard investigation  
86. Final determination in safeguard investigation  
 
PART XII – CONCLUSION OF INVESTIGATION  
 
87. Withdrawal of application after initiation  
88. Termination for insufficient evidence, de minimis  or negligible volume  
89. Public notice of conclusion of investigation without imposition of measures  
 
PART XIII – PROVISIONAL MEASURES  
 
90. Imposition of provisional measures  
91. Security for provisional measures  
92. Duration of application of provisional measures  
 
PART XIV – IMPOSITION AND COLLECTION OF ANTI -DUMPING  
AND COUNTERVAILING DUTIES  
 
93. Lesser duty rule  
94. Definitive anti -dumping or countervailing duty  
95. Refund of duties paid in excess of dumping margi n or rate of subsidisation  
96. Suspension of anti -dumping or countervailing measures  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  97. Application of anti -dumping or countervailing measures  
98. Retroactive application of definitive anti -dumping or countervailing duties  
99. Security and definitive anti-dumping or countervailing duty  
 
PART XV – IMPOSITION, COLLECTION AND ADMINISTRATION  
OF SAFEGUARD MEASURES  
 
100. Public interest  
101. Form and administration of safeguard measure  
102. Amount of safeguard duty  
103. Volume of quota  
104. Suspension of safeguard measures  
105. Application of safeguard measures  
106. Definitive collection of provisional safeguard duties  
 
PART XVI – DURATION AND REVIEW OF ANTI -DUMPING  
AND COUNTERVAILING MEASURES  
 
107. Sunset review  
108. Review for change of c ircumstances  
109. New shipper review  
 
PART XVII – DURATION AND REVIEW OF SAFEGUARD MEASURES  
 
110. Duration of safeguard measures  
111. Mid-term review  
112. Extension review  
113. Reapplication of safeguard measure  
114. Level of concessions and other obl igations  
 
PART XVIII – MISCELLANEOUS  
 
115. Judicial review  
116. Offences  
117. Regulations  
118. Repeal  
119. Consequential amendments  
120. Commencement  
 
_______________  
 
 
An Act  
To protect the domestic industry against  
the negative effects of dumped, subsidised  
and increased imports  
 
ENACTED by the Parliament of Mauritius, as follows – 
 
PART I – PRELIMINARY  
1. Short title  
This Act may be cited as the Trade (Anti -Dumping, Countervailing and Safeguard Measures) 
Act 2022.  
2. Interpretation  
In this Act – 
 
 "Authority" means the Trade Remedies Investigating Authority established under section 7;  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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  "Chairperson" means the Chairperson of the Authority;  
 
"country" includes a customs territory or a customs union;  
 
"Customs " has the same meaning as in the Customs Act;  
 
"de minimis ", in – 
 
(a) an anti -dumping investigation, means a margin of less than 2 per cent expressed as a 
percentage of the export price, or less than 3 per cent expressed as a percentage of the 
total volum e of imports;  
 
(b) a countervailing investigation, means a subsidy of less than one per cent ad valorem 
or, where the investigation concerns a product from a developing country, 2 per cent 
ad valorem;  
 
"Director -General " has the same meaning as in the Maur itius Revenue Authority Act;  
 
"domestic industry " means the domestic producers as defined in section 5;  
 
"dumping margin " means the difference between the export price and the normal value;  
 
 "export price " means the price at which a like product is introd uced into the commerce of 
Mauritius;  
 
 "GATT 1994 " means the General Agreement on Tariffs and Trade 1994 of the WTO;  
 
 "government ", in relation to any country other than Mauritius, means the government of that 
country and includes any provincial, state, municipal or other local or regional government in 
that country or any person, agency or institution acting for, or on behalf of, or under, the 
authority of any law passed by that government;  
 
 "hearing " means a hearing in respect of an investigation;  
 
"importer " has the same meaning as in the Customs Act;  
 
"injury " means – 
 
(a) in anti -dumping and countervailing investigations, material injury to a Mauritian 
industry, threat of material injury to a Mauri tian industry or material retardation of the 
establishment of a Mauritian industry;  
 
(b) in safeguard investigations, serious injury or a threat of serious injury to a Mauritian 
industry;  
 
 "interested party " means – 
 
(a) the exporter or foreign producer o f the investigated product;  
 
(b) the importer of the investigated product;  
 
(c) a trade or business association, a majority of the members of which are producers, 
exporters or importers of the investigated product;  
 
(d) the government of the exporting country;  
 
(e) the producer of the domestic like product in Mauritius;  
 
(f) a trade and business association, a majority of the members of which produce the 
domestic like product in Mauritius;  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  (g) any other natural or legal person that has indica ted an interest in participating in an 
investigation and any other person that the Authority determines to have sufficient 
interest in the outcome of an investigation,  
 
provided that in safeguard investigations, parties under paragraph (a), (b), (c), (e) o r (f) shall 
only be regarded as interested parties if they have declared their interest to participate in an 
investigation within a reasonable time, and, with respect to paragraph (d), provided that the 
government has a substantial interest in the matter;  
 
 "investigated product " means the product subject to an anti -dumping, countervailing or 
safeguard investigation as described in a notice of initiation of an investigation;  
 
"investigation " means – 
 
(a) an anti -dumping investigation;  
 
(b) a countervailing investigation; or  
 
(c) a safeguard investigation;  
 
"like or directly competitive product ", for the purpose of a safeguard investigation, means a 
product which is identical, that is alike in all respects to the product under consideration, or 
in the absence  of such a product, another product which, although not alike in all respects, 
has characteristics closely resembling those of the product under consideration; or in the 
absence thereof, another product that competes directly with the subject product;  
 
 "like product ", for the purpose of an anti -dumping or countervailing investigation, means a 
product which is identical or alike in all respects to the investigated product, or in the absence 
of such a product, another product which, although not alike in al l respects, has characteristics 
closely resembling those of the investigated product;  
 
"margin of dumping " means the difference between the normal value and the export price of 
a product after all adjustments have been made to both values;  
 
"margin of subsidy " means the totality of all subsidies determined on a per -unit basis and 
divided by the export price;  
 
"member ", in relation to the Authority, means a person appointed under section 7(2);  
 
"Minister " means the Minister responsible for the subject of  international trade;  
 
"negligible " means – 
 
(a) in the context of an anti -dumping investigation, the volume of dumped imports of an 
investigated product from a particular country which is found to account for less than 3 
per cent of total imports of the i nvestigated and like product in Mauritius, unless imports 
of the investigated product from all countries under investigation which individually 
account for less than 3 per cent of the total imports of the investigated and like product 
in Mauritius collecti vely account for more than 7 per cent of imports of the investigated 
and like product in Mauritius;  
 
(b) in the context of a countervailing investigation, the volume of subsidised imports of an 
investigated product from a particular developing country whic h is found to account for 
less than 4 per cent of total imports of the investigated and like product in Mauritius, 
unless imports of the investigated product from all developing countries under 
investigation which individually account for less than 4 per c ent of the total imports of 
the investigated and like product in Mauritius collectively account for more than 7 per 
cent of imports of the investigated and like product in Mauritius;  
 
"normal value " means the price at which a like product is sold when dest ined for consumption 
in an exporting country;  
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  "ordinary course of trade " means those commercial transactions which reflect market 
conditions in the country of export and which have been customarily conducted within a 
representative period between independ ent buyers and sellers;  
 
"producers " includes manufacturers and growers;  
 
"public notice " means a notice published in the Gazette, in a newspaper, in electronic form or 
through any other technological means or in such other manner as the Authority may 
determine;  
 
"quota " means a volume -based safeguard measure imposed to regulate the volume of imports 
of the subject product that may enter into Mauritius in any given period;  
 
"register " means the register of investigations referred to in section 59;  
 
"serious injury ", in relation to a safeguard investigation, means a significant overall 
impairmen t of the domestic industry;  
 
"specific subsidy " means a subsidy which is specific to an enterprise, a group of enterprises, 
an industry, a group of industries, or a geographical area;  
 
"staff" means the staff of the Authority appointed under section 10;  
 
"subsidy " means – 
 
(a) a financial contribution by a government of a country other than Mauritius that confers 
a benefit to persons engaged in the production, manufacture, growth, processing, 
purchase, distribution, transportation, sale, export or import of  goods but does not 
include the amount of any duty or internal tax imposed on goods by the government of 
the country of origin or country of export from which the goods, because of their 
exportation, have been exempted or have been or will be relieved by m eans of a refund 
or drawback; or  
 
(b) any form of income or price support within the meaning of Article XVI of the GATT 1994,  
 
provided a benefit is conferred;  
 
"tariff quota " means a safeguard measure providing for a quota within which a determined 
custo ms duty shall apply, with a different customs duty applying to goods imported outside of 
such quota;  
 
"undertaking " means a voluntary undertaking by –  
 
(a) a producer or an exporter in an anti -dumping investigation to eliminate the margin of 
dumping or the injury caused by such dumping; or  
 
(b) a producer, an exporter or the government of the exporting country in a countervailing 
investigation to eliminate the margin of subsidy or the injury caused by subsidised 
exports;  
 
"Vice-chairperson " means the Vice -chairperson of the Authority;  
 
"WTO" means the World Trade Organization.  
 
3. Particular market situation  
A particular market situation may be deemed to exist in an anti -dumping investigation where, 
inter alia –  
 
(a) prices are artificially low;  
 
(b) there is significant barter trade;  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  (c) as a result of government intervention production costs are not representative of actual 
costs;  
 
(d) the product sold in the exporting country is a by -product or a waste product in  that 
country, yet constitutes a primary product in Mauritius; or  
 
(e) there are non -commercial processing arrangements.  
 
4. Producer deemed to be related to exporter or importer  
A producer in a trade remedy investigation shall be deemed to be related to an exporter or an 
importer, where – 
 
(a) the producer directly or indirectly controls the importer or exporter, as the case may 
be; 
 
(b) the importer or exporter, as the case may be, directly or indirectly controls the 
producer;  
 
(c) the produce r and the importer or exporter, as the case may be, are directly or indirectly 
controlled by a third person; or  
 
(d) the producer and the importer or exporter, as the case may be, directly or indirectly 
control a third person,  
 
provided that there are gro unds for believing or suspecting that the effect of the relationship is such 
as to cause the producer concerned to behave differently from non -related producers.  
 
5. Meaning of "domestic industry " 
 
(1) In this Act –  
 
 "domestic industry " means, in relation to – 
 
(a) an anti -dumping or countervailing investigation, the domestic producers, as a whole, of 
like products, or those domestic producers whose collective output of like products 
constitutes a major proportion of the total domestic p roduction of these like products; 
and 
 
(b) a safeguard investigation, the domestic producers as a whole of the like or directly 
competitive products, or those domestic producers whose collective output of the like 
or directly competitive products constitut es a major proportion of the total domestic 
production of these products.  
 
(2) Where producers are related to the exporters or importers or are themselves importers of the 
allegedly dumped or subsidised product, the term "domestic industry " may be interpre ted as 
referring to the rest of the producers.  
 
(3) For the purposes of this Act, an application shall – 
 
(a) in relation to an anti -dumping or countervailing investigation, be considered to have 
been made by, or on behalf of, the domestic industry where – 
 
(i) it is supported by those domestic producers whose collective output constitutes 
more than 50 per cent of the total production of the domestic like product 
produced by that portion of the domestic industry expressing either support for, 
or opposition to, the application; and  
 
(ii) the domestic producers expressly supporting the application account for not less 
than 25 per cent of the total production of the domestic like product produced by 
the domestic industry;  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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   (b) in relation to a safeguard investigation, be considered to have been made by, or on 
behalf  of, the domestic industry where – 
 
(i) it is supported by those domestic producers whose collective output constitutes 
more than 50 per cent of the total production of the domestic l ike or directly 
competitive product produced by that portion of the domestic industry expressing 
either support for, or opposition to, the application; and  
 
(ii) the domestic producers expressly supporting the application account for not less 
than 25 per c ent of the total production of the domestic like or directly competitive 
product produced by the domestic industry.  
 
(4) The Authority may, in the case of fragmented industries involving an exceptionally large 
number of producers, determine support and opp osition to the application by using a statistically 
valid sampling technique.  
 
6. Application of Act  
This Act shall apply to an investigation initiated on or after the commencement of this Act.  
 
PART II – TRADE REMEDIES  
INVESTIGATING AUTHORITY  
7. Establishment of Authority  
(1) There is established for the purposes of this Act a Trade Remedies Investigating Authority . 
 
(2) The Authority shall consist of — 
 
(a) a Chairperson, who shall be the public officer holding the post of Director, Trade Policy;  
 
(b) a Vice -chairperson, who shall be a public officer – 
 
(i) designated by the Financial Secretary; and  
 
(ii) holding a post at the level of director in the Minis try responsible for the subject 
of finance;  
 
(c) a representative of the Ministry responsible for the subject of commerce;  
 
(d) a representative of the Ministry responsible for the subject of industry;  
 
(e) a law officer designated by the Attorney -General ; and  
 
(f) a representative of Customs, to be designated by the Director -General.  
 
(3) Every member of the Authority shall be paid such allowance as the Minister may determine.  
8. Functions of Authority  
The Authority shall – 
 
(a) investigate any allegation or suspicion of dumping, subsidised imports, or increased  
imports – 
 
(i) on receiving  a complaint or information which gives rise to such allegation or 
suspicion; or  
 
(ii) on its own initiative;  
 
(b) gather, process and evaluate information relating to an allegation or suspicion of 
dumping, subsidised imports, or increased imports; and  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  (c) take such measures as may be necessary and provided for in this Act to prevent or 
remedy dumping, subsidised imports or increased imports, including the issue of 
directives and proposals for remedial action.  
9. Meetings of Authority  
(1) The Authority shall meet as often as is necessary but not less than once every month and at 
such time and place as the Chairperson deems necessary.  
 
(2) At any meeting of the Authority, 5 members shall constitute a quorum.  
 
(3) In the absence of the Chairperso n at a meeting of the Authority, the Vice -chairperson shall 
act as Chairperson for that meeting.  
 
(4) Everything authorised or required to be done by the Authority shall be decided by a simple 
majority of the members present and voting.  
 
(5) In the case of  an equality of votes at a meeting of the Authority, the person presiding that 
meeting may cast a deciding vote in addition to his deliberative vote.  
 
(6) The Authority may, for the purpose of conducting its proceedings, make rules that are not 
inconsisten t with this Act.  
10. Staff of Authority  
(1) The Secretary to Cabinet and Head of the Civil Service may, on the recommendation of the 
Chairperson, appoint such person as may be required to extend technical, administrative and 
secretarial assistance to the A uthority to enable it to properly discharge its functions.  
 
(2) A person appointed under subsection (1) shall, during the time of his appointment be – 
 
(a) under the administrative control of the Chairperson; and  
 
(b) paid such allowance as the Secretary to Cabinet and Head of the Civil Service may 
determine.  
 
(3) For every investigation, the Chairperson shall appoint a lead investigating officer, who shall 
be responsible for all coordination on that investigation.  
 
(4) The Chairperson may, with the approval of the Secretary to Cabinet and Head of the Civil 
Service, appoint an independent professional or a specialised agency to advise the staff on the 
conduct of an investigation.  
 
(5) A professional or agency appointed under subsection (4) shall b e paid such fees or allowances 
as the Secretary to Cabinet and Head of the Civil Service may approve.  
11. Impartiality and disclosure of interest  
(1) The Authority, its members and staff shall be impartial and shall perform their functions 
without fear, fa vour or prejudice.  
 
(2) The Chairperson, Vice -chairperson or a member of the Authority shall not – 
 
(a) engage in any activity that undermines the integrity of the Authority;  
 
(b) participate in any investigation, hearing or decision concerning a matter in  respect of 
which that person has a financial interest or any similar personal interest;  
 
(c) make private use of, or profit from, any confidential information obtained in the course 
of his official functions in the Authority; or  
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  (d) divulge any information referred to in paragraph (c) to any third party, except as 
required as part of his functions in the Authority.  
 
(3) If, at any time, it appears to the Chairperson, Vice -chairperson or a member of the Authority 
that a matter before him concerns his financial or personal interest, he shall – 
 
(a) immediately and fully disclose that interest –  
 
(i) to the Chairperson, in the case of the Vice -chairperson or a member; or  
 
(ii) to the Vice -chairperson, in the case of the Chairperson; and  
 
(b) withdr aw from any further involvement in that matter.  
12. Annual report  
(1) The Authority shall, not later than 90 days after the end of a financial year, submit an annual 
report on its activities to the Minister.  
 
(2) The Minister shall, at the earliest available opportunity, lay a copy of the annual report of the 
Authority before the Assembly.  
13. Directions by Minister  
The Minister may, in relation to the exercise of the powers of the Authority under this Act, give such 
general directions to the Authori ty, not inconsistent with this Act, as he considers necessary in the 
public interest and the Authority shall comply with these directions.  
 
14. Protection from liability  
 
(1) No action shall lie against the Authority, Chairperson, Vice -chairperson, a membe r or the staff 
in respect of any act done or omitted to be done by the Authority, Chairperson, Vice -chairperson, a 
member or the staff in the execution in good faith, of its or his functions under the Act.  
 
(2) This section shall be in addition to, and not  in derogation from, the Public Officers ' Protection 
Act. 
PART III – DUMPING  
15. Dumped product  
A product shall be deemed to be dumped where it is imported into Mauritius at a price that is less 
than its normal value.  
16. Imposition of anti-dumping measures  
Subject to this Act, an anti -dumping measure may be imposed on products imported into Mauritius 
where it is determined, pursuant to an investigation, that – 
 
(a) the investigated product is dumped;  
 
(b) there is injury to the domestic industry; and  
 
(c) there is a causal link between the dumped product and injury to the domestic industry.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  17. Determination of normal value based on prices in country of export or origin  
(1) The Authority shall determine the normal value of the in vestigated product on the basis of the 
comparable price paid or payable, in the ordinary course of trade, for the sale of the like product 
when destined for consumption in the country of export.  
 
(2) Notwithstanding subsection (1), the Authority may determ ine the normal value on the basis 
of comparable price paid or payable, in the ordinary course of trade for a sale of the like product 
when destined for consumption in the country of origin where – 
 
(a) the investigated product is merely trans -shipped throu gh the country of export;  
 
(b) the investigated product is not produced in the country of export; or  
 
(c) there is no comparable price in the country of export.  
18. Determination of normal value based on export price to a third country or on 
constructed va lue 
(1) Where there is no sale of the like product in the ordinary course of trade in the domestic 
market of the country of export, or where such sale does not permit a proper comparison due to a 
particular market situation or the low volume of the sale in  the domestic market of the exporting 
country, the Authority shall determine the normal value of the investigated product on the basis of  – 
 
(a) a comparable price of the like product when exported to an appropriate third country 
provided that this price is representative; or  
 
(b) the cost of production in the country of origin plus a reasonable amount for 
administrative, selling and general costs and for profits.  
 
(2) For the purpose s of subsection (1), any sale of the like product destined for cons umption in 
the domestic market of the country of export, or sale to an appropriate third country, shall be 
considered to be a sufficient quantity for the determination of the normal value where such sale 
constitutes not less than 5 per cent of the sale of the investigated product to Mauritius.  
 
(3) Notwithstanding subsection (2), the Authority may apply a lower ratio where it is satisfied, 
based on the evidence submitted by any interested party or otherwise available, that sale at such 
lower ratio is of suf ficient magnitude to provide for a proper comparison.  
19. Sale not made in the ordinary course of trade  
(1) (a) The Authority may treat any sale of the like product in the domestic market of the 
exporting country, or a sale to a third country at a price be low unit cost of production, 
including administrative, selling and general costs as not being in the ordinary course 
of trade by reason of price.  
 
 (b) For the purposes of paragraph (a), unit cost of production shall include both fixed and 
variable costs o f production.  
 
(2) For the purpose of subsection (1), the Authority may disregard a sale in determining the 
normal value where such sale was made – 
 
 (a) within an extended period of time of not less than 180 days;  
 
 (b) in substantial quantities; and  
 
 (c) at a price that does not provide for the recovery of all costs within a reasonable period 
of time.  
 
(3) For the purpose of this section, sale below cost shall be considered as made in substantial 
quantities where – 
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   (a) the weighted average selling price of the transaction under consideration for the 
determination of the normal value is below the weighted average cost; or  
 
 (b) the volume of sale below cost represents not less than 20 per cent of the volume sold 
in transactions under consideration for the determination of the normal value.  
 
(4) Where prices which are below cost at the time of sale are above the weighted average cost 
for the period of investigation, the Authority shall consider such prices as providing for recovery of 
costs within a reasonable period of time.  
 
(5) A sale may be treated as not having been made in the ordinary course of trade for reasons 
other than being made below cost, including on the basis of a sale to related parties, non -commercial 
volumes, a particu lar market situation in the exporting country, or other basis as may be prescribed.  
20. Calculation of costs  
(1) The Authority shall, in the normal course of things, calculate costs on the basis of records kept 
by the exporter or producer under investigation, provided that such records – 
 
 (a) are in accordance with the generally accepted accounting principles of the exporting 
country;  
 
 (b) reasonably reflect the costs associated with the production and sale of the like product; 
and  
 
 (c) are historically based.  
 
(2) The amount for administrative, selling and general costs and for profits shall, in the normal 
course of things, be based on actual data pertaining to production and sale in the ordinary course of 
trade of the like product by the exp orter or producer under investigation.  
 
(3) Where the amount of costs and profits cannot be calculated in accordance with subsection  (2), 
the amount may be determined on the basis of – 
 
 (a) the actual amount incurred and realised by the exporter or produc er in respect of 
production and sale in the domestic market of the country of origin of the same general 
category of products;  
 
 (b) the weighted average of the actual amounts incurred and realised by other exporters 
or producers subject to investigation i n respect of production and sale of the like product 
in the domestic market of the country of origin; or  
 
 (c) any other reasonable method, provided that the amount for profit so established does 
not exceed the profit normally realised by other exporters o r producers on the sale of 
products of the same general category in the domestic market of the country of origin 
of the like product.  
 
(4) The Authority shall consider all available evidence on the proper allocation of costs, including 
that which is made available by the exporter or producer in the course of the investigation provided 
that such allocation has been historically utilised by the exporter or producer, in relation to 
establishing appropriate amortisation and depreciation periods and allowa nces for capital 
expenditures and other development costs.  
 
(5) Unless already reflected in the cost allocations under this section, the Authority shall adjust 
costs appropriately for non -recurring items of cost which benefit future or current production, or for 
circumstances in which costs during the period of investigation are affected by start -up operations.  
 
(6) The adjustment made for start -up operations shall reflect the costs at the end of the start -up 
period or where that period extends beyond the p eriod of investigation, the most recent costs which 
can reasonably be taken into account by the Authority during the investigation.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  21. Non-market economies  
Where the exporter of an investigated product is an exporter from a non -market economy country, 
the Authority may, if it considers the methodology for determining normal value to be inappropriate, 
determine the normal value on the basis of – 
 
 (a) the comparable price paid or payable, in the ordinary course of trade, for the sale of the 
like product whe n destined for consumption in an appropriate market economy country;  
 
 (b) the comparable price paid or payable, in the ordinary course of trade, for exports of the 
like product from an appropriate market economy country to other countries, including 
Mauri tius; 
 
 (c) the price actually paid or payable in Mauritius for the domestic like product, duly 
adjusted where necessary to include a profit margin corresponding to the margin to be 
expected under the existing economic circumstances for the sector concerne d; or 
 
 (d) any other reasonable method.  
22. Determination of export price  
(1) Except as provided for in subsections (2) and (3), the export price shall be the price actually 
paid or payable for the investigated product when sold for export from the exporting country to 
Mauritius.  
 
(2) Where there is no export price or where it appears to the Authority that the export price is 
unreliable due to an association or a compensatory arrangement between the exporter and the 
importer or a third party, the exp ort price may be determined – 
 
 (a) on the basis of the price at which the imported products are first resold to an 
independent buyer; or  
 
 (b) where the products are not resold to an independent buyer, or not resold in the condition 
as imported, on such reasonable basis as the Authority may consider appropriate.  
 
(3) Where the Authority determines the normal value on the basis of the country of origin pursuant 
to section 17(2), the export price shall be the price actually paid or payable for the inve stigated 
product when sold for export in the country of origin.  
23. Comparison between normal value and export price  
(1) The Authority shall make a fair comparison between the export price and the normal value at 
the same level of trade, normally at the ex -factory level, and in respect of sales made at, as nearly 
as possible, the same time, due allowance being made in each case, on its own merits, for differences 
which affect price comparability, including differences in conditions and terms of sale, taxati on, levels 
of trade, quantities, physical characteristics, and any other differences which are demonstrated by 
interested parties to affect price comparability.  
 
(2) Where the export price is determined under section 22(2)(a), the Authority shall make 
allowances for costs, including duties and taxes, incurred between importation and resale, and a 
reasonable amount for profits accruing to the importer.  
 
(3) Where price comparability has been affected on an application of subsection (2), the Authority 
shall d etermine the normal value at a level of trade equivalent to the level of trade of the determined 
export price, or shall make such allowance as may be warranted under this section.  
 
(4) The Authority shall indicate to any interested party the type of inform ation which is necessary 
to ensure a fair comparison and shall not impose an unreasonable burden of proof.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
- 15 - 
 
  24. Comparison methods  
(1) The existence of dumping margins shall be determined on the basis of a comparison of a 
weighted average normal value with a weighted average of prices of all comparable export 
transactions or by a comparison of normal value and export prices on a transaction -to-transaction 
basis.  
 
(2) A normal value determined on a weighted average basis may be compared to prices of 
individua l export transactions where the Authority considers that a pattern of export prices differs 
significantly among different purchasers, regions or time period.  
 
(3) For the purposes of subsection (2), the Authority shall state the reasons for which such 
differences cannot be taken into account appropriately by the use of a weighted average -to-weighted 
average or transaction -to-transaction comparison.  
25. Currency conversion  
(1) Where the price comparison under sections 23 and 24 requires a conversion of c urrency, the 
Authority shall make such conversion based on the rate of exchange prevailing on the date of sale 
and determined in accordance with section 7 of the Customs Tariff Act.  
 
(2) For the purpose of subsection (1), the date of sale shall be the date  of contract, purchase 
order, order confirmation, or invoice, whichever is later and establishes the material terms of the 
sale. 
 
(3) Notwithstanding subsections (1) and (2), where a sale of foreign currency on forward markets 
is used in direct relation to  an export sale, the Authority shall use the rate of exchange in the forward 
sale for all the related transactions.  
 
(4) The Authority shall not take into account fluctuations in exchange rates, and shall allow an 
exporter not less than 60 days for the exp ort price to be adjusted to reflect sustained movements 
in exchange rates during the period of investigation.  
26. Individual dumping margin  
(1) The Authority shall, in the normal course of things, determine an individual dumping margin 
for each known expor ter or producer of an investigated product.  
 
(2) Notwithstanding subsection (1), where the number of exporters, producers, importers or type 
of products involved is so large as to make it impracticable to determine an individual dumping 
margin for each kno wn exporter or producer of an investigated product, the Authority may limit its 
examination to – 
 
 (a) a reasonable number of interested parties or types of investigated  products by using 
samples which are statistically valid on the basis of information av ailable at the time of 
the selection; or  
 
 (b) to the largest percentage of the volume of the exports from the country  under reference 
which can reasonably be investigated.  
 
(3) Any selection of exporters, producers, importers or types of products made under this section 
shall be made after consultation with the exporters, producers or importers.  
 
(4) Notwithstanding subsections (2) and (3), the Authority shall determine an individual dumping 
margin for any exporter or producer who voluntarily submits th e necessary information in time and 
in an appropriate format for that information to be considered during the course of the investigation.  
 
(5) For the purpose of subsection (4), where the number of exporters or producers is so large 
that individual examin ations would be unduly burdensome to the Authority and prevent the timely 
completion of the investigation, the Authority may decline to determine an individual dumping 
margin on the basis of voluntary submission of information and limit its examination to the exporters 
and producers in the sample.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  PART IV – SUBSIDISATION  
AND COUNTERVAILING MEASURES  
27. Imposition of countervailing measures  
(1) Subject to this Act, a countervailing measure may be imposed on products imported into 
Mauritius where it is determ ined, pursuant to an investigation, that – 
 
 (a) the investigated product is subsidised;  
 
 (b) there is injury to the domestic industry; and  
 
 (c) there is a causal link between the subsidised imported product and injury to the 
domestic industry.  
 
(2) No countervailing duty shall be imposed on any imported product in excess of the total rate 
of subsidisation of that product from the subsidy programmes found to exist in terms of subsidisation 
per unit of the product.  
 
(3) A countervailing duty shall apply o nly to a specific subsidy.  
 
(4) The determination of the existence of a specific subsidy and the amount of that subsidy shall 
be established in such manner as may be prescribed.  
PART V – DETERMINATION OF INJURY AND CAUSAL  
LINK  IN DUMPING AND SUBSIDISATION  
28. Determination of injury  
A determination of injury for the purposes of sections 16(b) and 27(1)(b) shall be based on positive 
evidence and involve an objective examination of - 
 
 (a) the volume of the dumped or subsidised imports;  
 
 (b) the effect of th e dumped or subsidised imports on prices in the domestic market for like 
products; and  
 
 (c) the consequent impact of the dumped or subsidised imports on domestic producers of 
like products.  
29. Examination of volume of dumped or subsidised imports and the ir effects on prices  
(1) With regard to the volume of imports, the Authority shall consider whether there has been a 
significant increase in dumped or subsidised imports in absolute terms or relative to the production 
or consumption in Mauritius.  
 
(2) With regard to the effect on the prices of imports, the Authority shall consider whether – 
 
 (a) there has been a significant price undercutting by the dumped or subsidised imports as 
compared to the price of the domestic like product; or  
 
 (b) the effect of such imports is otherwise to – 
 
  (i) depress prices to a significant degree; or  
 
  (ii) prevent price increases which would otherwise have occurred to a significant 
degree.  
 
(3) Notwithstanding subsections (1) and (2), the Authority may conside r such other factors as it 
deems relevant or necessary in examining the volume of dumped or subsidised imports and their 
effects on prices.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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  30. Cumulation  
 
(1) Where imports of a like product from more than one country are the subject of simultaneous 
anti-dumping or countervailing duties investigations, the Authority may cumulatively assess the 
effects of such imports on the domestic industry only if it is determined that – 
 
 (a) the amount of dumping or the rate of subsidisation established in relation to the 
investigated product from each country is more than de minimis  and the volume of the 
dumped or subsidised investigated product imported from each country is not 
negligible; and  
 
 (b) a cumulative assessment of the effects of the imports is appropriate in the light of the 
conditions of competition between the imports and the conditions of competition 
between the imports and the domestic like product.  
 
(2) Notwithstanding subsection (1), cumulation may only take place in respect of either anti-
dumping or countervailing investigations, and no cross -cumulation may take place between anti -
dumping and countervailing investigations.  
31. Examination of impact of dumped or subsidised imports on domestic industry  
(1) The examination of the impact o f dumped or subsidised imports on the domestic industry 
shall, subject to subsection (2), include an evaluation by the Authority of all relevant economic 
factors and indices having a bearing on the state of the industry, including – 
 
 (a) actual and potential decline in sale, profit, output, market share, productivity, return on 
investment, or utilisation of capacity;  
 
 (b) factors affecting domestic prices;  
 
 (c) actual and potential negative effects on cash flow, inventories, employment, wages, 
growth, ability to raise capital or investments.  
 
(2) In the case of countervailing investigations in respect of agricultural imported products, the 
Authority shall, in respect of an examination of the impact of subsidised imports on the domestic 
industry, con sider whether there has been an increased burden on government support 
programmes.  
 
(3) In the case of anti -dumping investigations, the Authority shall consider the magnitude of the 
dumping margin.  
 
(4) The Authority shall assess the effect of the dumped i mports or subsidised imports in relation 
to the production of the domestic like product when available data allows the separate identification 
of that production on the basis of, inter alia, the production process and the producers' sales and 
profits.  
 
(5) Where a separate identification of the production of domestic like product is not possible, the 
Authority shall assess the effects of the dumped imports or subsidised imports by an examination of 
the production of the narrowest group or range of products,  including the domestic like product, for 
which the necessary information may be provided.  
32. Threat of material injury in relation to dumped or subsidised imports  
(1) In making a determination regarding the existence of a threat of material injury in relation to 
dumped imports, the Authority shall, in addition to the factors set out in sections 29 and 31, 
consider  – 
 
 (a) any significant rate of increase of dumped imports into the domestic market indicating 
the likelihood of substantially increased imp ortations;  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
- 18 - 
 
   (b) sufficient freely disposable or an imminent, substantial increase in capacity of the 
exporter indicating the likelihood of substantially increased dumped exports to the 
domestic market, taking into account the availability of other export markets to absorb 
any additional exports;  
 
 (c) whether imports are entering at prices which have a significant depressing or 
suppressing effect on domestic prices, and are likely to increase demand for further 
imports; and  
 
 (d) inventories of the investi gated products.  
 
(2) In making a determination regarding the existence of a threat of material injury in relation to 
subsidised imports, the Authority shall, in addition to sections 29 and 31, consider the following – 
 
 (a) the nature of the subsidy in question and the trade effects likely to arise therefrom;  
 
 (b) the significant rate of increase of subsidised imports into the domestic market indicating 
the likelihood of substantially increased importations;  
 
 (c) sufficient freely disposable or an imminent, substantial increase in capacity of the 
exporter indicating the likelihood of substantially increased subsidised exports to 
Mauritius, taking into account the availability of other export markets to absorb any 
additional exports;  
 
 (d) whether im ports are entering at prices which have a significant depressing or 
suppressing effect on domestic prices, and are likely to increase demand for further 
imports; and  
 
 (e) inventories of the investigated products.  
33. Causal link in relation to dumped or s ubsidised imports  
(1) The Authority shall demonstrate that the dumped or subsidised imports have, through the 
effects of dumping or subsidisation, caused injury to the domestic industry.  
 
(2) The causal link between the dumped or subsidised imports and the  injury to the domestic 
industry shall be based on an examination of all relevant evidence before the Authority.  
 
(3) The Authority shall examine any known factors other than the dumped or subsidised imports 
which at the same time are injuring the domestic  industry, and the injuries caused by those factors 
shall not be attributed to the dumped or subsidised imports.  
 
(4) The factors referred to in subsection (3) shall include – 
 
 (a) the volume and prices of imports of the product in question not sold at dumped or 
subsidised prices;  
 
 (b) contraction in demand or changes in the patterns of consumption;  
 
 (c) trade restrictive practices of, and competition between, the foreign and domestic 
producers;  
 
 (d) developments in technology; and  
 
 (e) the export pe rformance and productivity of the domestic industry.  
PART VI – SAFEGUARD  MEASURES  
34. Requirements to impose a safeguard measure  
(1) A safeguard measure shall be imposed where – 
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
- 19 - 
 
   (a) there has been a significant increase in imports;  
 
 (b) the increase in imports was caused by – 
 
(i) developments that were unforeseen at the time Mauritius  concluded its WTO 
concessions; and  
 
(ii) the effect of the obligations incurred by Mauritius under GATT 1994, including 
tariff concessions;  
 
 (c) the domestic industry producing the like or directly competitive product is experiencing 
serious injury or a threat of serious injury; and  
 
 (d) the injury is caused by the increased imports.  
 
(2) No safeguard measure may be imposed on a developing country as long as its share of imports 
of the investigated product into Mauritius does not exceed 3 per cent, provided that developing 
countries with less than 3  per cent import share collectively account for not more than 9 per cent of 
total imports of the investig ated product.  
 
(3) Where a developing country excluded from the application of a safeguard measure on the 
basis of subsection (2) increases its exports subsequent to the imposition of a safeguard measure, 
imports from such country shall immediately become subject to a safeguard measure if its imports 
increase to more than 3 per cent of the import share during the original investigation period.  
35. Injury and causal link in safeguard investigations  
(1) In determining serious injury or a threat of serious in jury, the Authority shall evaluate all 
relevant factors of an objective and quantifiable nature having a bearing on the situation of that 
industry, in particular, the rate and amount of the increase in imports of the product concerned in 
absolute and relat ive terms, the share of the domestic market taken by increased imports, changes 
in the level of sales, production, productivity, capacity utilisation, profits and losses, and 
employment.  
 
(2) In addition to the factors set out in subsection (1), the Author ity shall consider whether – 
 
 (a) there has been a significant price undercutting by the imports as compared with the 
price of the domestic like product; or  
 
 (b) the effect of such imports is otherwise to depress prices to a significant degree or 
prevent price increases which otherwise would have occurred to a significant degree.  
 
(3) The Authority  shall demonstrate that the increased imports have caused, or threa ten to cause, 
serious injury to the domestic industry.  
 
(4) The causal link between the increased imports and the injury to the domestic industry shall 
be based on an examination of all relevant evidence before the Authority.  
 
(5) The Authority  shall exami ne any known factors, other than the increased imports, which at 
the same time are injuring the domestic industry, and the injury caused by these factors shall not 
be attributed to the increased imports.  
 
(6) The factors referred to in subsection (5) shall  include – 
 
 (a) contraction in demand or changes in the patterns of consumption;  
 
 (b) trade restrictive practices of and competition between the foreign and domestic 
producers;  
 
 (c) development in technology;  
 
 (d) the export performance and productivi ty of the domestic industry; and  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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   (e) any other factor that contributed to the industry 's injury.  
PART VII – INITIATION OF ANTI -DUMPING AND  
COUNTERVAILING INVESTIGATIONS  
36. Application for anti -dumping or countervailing investigation  
(1) A written application for an anti -dumping or a countervailing investigation may be made to 
the Authority by, or on behalf of, a domestic industry.  
 
(2) An application under subsection (1) sh all include evidence of – 
 
 (a) dumping or subsidy;  
 
 (b) injury; and  
 
 (c) causal link.  
37. Evidence and information required in anti -dumping or countervailing investigation 
application  
An application under section 36 shall contain – 
 
 (a) the name, addre ss and telephone number of the applicant;  
 
 (b) the identity of the domestic industry by or on behalf of which the application is being 
made, including the names, addresses and telephone numbers of all other known 
producers in the domestic industry;  
 
 (c) information relating to the degree of the support of the domestic industry for the 
application, including – 
 
(i) the total volume and value of domestic production of the domestic like product; 
and 
 
(ii) the volume and value of the domestic like product  produced by the applicant and 
by each domestic producer identified;  
 
 (d) a complete description of the allegedly dumped or subsidised product, including the raw 
materials, production processes, technical characteristics and uses of the product and 
its cu rrent tariff classification number;  
 
 (e) the country in which the allegedly dumped or subsidised product is manufactured or 
produced and, where it is imported from a country other than the country of 
manufacture or production, the intermediate country fro m which the product is 
imported;  
 
 (f) the name and address of each person the applicant believes sells the allegedly dumped 
or subsidised product to Mauritius during the most recent twelve -month period;  
 
 (g) in relation to an allegedly dumped product – 
 
(i) information on prices at which the product in question is sold when destined for 
consumption in the domestic market of the country of export or origin;  
 
(ii) 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;  
 
(iii) information on the expor t price to Mauritius;  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
- 21 - 
 
  (iv) where appropriate, information on the prices at which the allegedly dumped 
product is first resold to an independent buyer in Mauritius, and on any allowable 
adjustment to determine the ex -factory export price;  
 
(v) information  on the evolution of the volume of the allegedly dumped imports, the 
effect of those imports on prices of the domestic like product in the domestic 
market and the consequent impact of the imports on the domestic industry, as 
demonstrated by relevant factor s and indices having a bearing on the state of the 
domestic industry; and  
 
(vi) information on the existence of a causal link as provided under section 33;  
 
 (h) in relation to an allegedly subsidised product – 
 
(i) evidence with regard to the existence, amount and nature of each alleged 
subsidy;  
 
(ii) information on the evolution of the volume of the allegedly subsidised imports, 
the effect of those imports on prices of the domestic like product in the domestic 
market and the consequent impact of the imp orts on the domestic industry, as 
demonstrated by relevant factors and indices having a bearing on the state of the 
domestic industry; and  
 
(iii) information on the existence of a causal link as provided under section 33.  
38. Publication of anti-dumping or countervailing investigation application  
(1) The Authority shall avoid, unless a decision has been made to initiate an anti -dumping or a 
countervailing investigation, any publicity on the application for the initiation of the investigation.  
 
(2) Notwithstanding subsection (1), the Authority shall promptly notify the authorities of an 
exporting country of the receipt of an application under section 36.  
 
(3) In countervailing investigations, the Authority shall, before initiating an investigat ion, invite 
the authorities of an exporting country for consultations with the aim of – 
 
 (a) clarifying the situation relating to the matters referred to in section 37(h)(i); and  
 
 (b) arriving at a mutually agreed solution.  
39. Withdrawal of anti -dumpin g or countervailing investigation application before 
initiation  
A domestic industry may, after making an application under section 36, at any time prior to the 
initiation of an anti -dumping or a countervailing investigation, withdraw the application.  
40. Initiation of anti -dumping or countervailing investigation  
(1) The Authority shall examine the accuracy and adequacy of the evidence provided in an 
application to determine whether there is sufficient evidence to justify the initiation of an anti -
dumping or a countervailing investigation.  
 
(2) The Authority may seek additional information from an applicant before deciding whether to 
initiate an anti -dumping or countervailing investigation.  
 
(3) Where the Authority determines that – 
 
 (a) an anti -dumping or countervailing investigation application is made by, or on behalf of, 
the domestic industry; and  
 
 (b) there is sufficient evidence of – 
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
- 22 - 
 
  (i) dumping or subsidy;  
 
(ii) injury; and  
 
(iii) causal link,  
 
the Authority may initiate the investigation.  
 
(4) Where the Authority does not consider it appropriate to initiate an anti -dumping or a 
countervailing investigation, it shall notify, in writing, the applicant of the reasons for not initiating 
the investigation.  
 
(5) The Authority shall, within 60 days of the date of receipt of a properly documented written 
application, decide whether or not to initiate an investigation.  
41. Self-initiation of anti -dumping or countervailing investigation  
(1) Notwithstanding section 36, the  Authority may, on its own initiative, initiate an investigation 
without having received a written application by, or on behalf of, the domestic industry.  
 
(2) Where the Authority initiates an investigation under subsection (1), it shall proceed with the 
investigation where there is sufficient evidence of – 
 
 (a) dumping or subsidy;  
 
 (b) injury; and  
 
 (c) causal link.  
42. No anti -dumping or countervailing investigation for negligible infringement  
The Authority shall not initiate an investigation where, fr om information reasonably available, it 
determines that – 
 
 (a) there is insufficient evidence of – 
 
(i) dumping or subsidisation;  
 
(ii) injury; or  
 
(iii) causal link;  
 
 (b) the volume of imports of the allegedly dumped product or the actual or potential volume 
of subsidised product from a country into Mauritius is negligible; or  
 
 (c) the dumping margin or the rate of subsidisation is de minimis . 
43. Public notification of initiation of anti -dumping or countervailing investigation  
(1) Where the Authority  decides to initiate an anti -dumping or a countervailing investigation, it 
shall – 
 
 (a) notify the initiation of the investigation to the exporters, importers and representative 
associations of importers or exporters known to the Authority to be concerned, as well 
as representatives of the exporting country, the applicant, other domestic producers 
and other interested parties known to the Authority to have an interest therein; and  
 
 (b) give public notice of its decision in the Gazette.  
 
(2) The p ublic notice of the initiation of an investigation under subsection (1) shall contain – 
 
 (a) the name of the country of export and the country of origin of the investigated product;  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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   (b) a complete description of the investigated product, including the technical 
characteristics and uses of the product and its current tariff classification number;  
 
 (c) a description of the alleged dumping or subsidy practice to be investigated;  
 
 (d) a summary of the factors on which the allegations of inju ry and causal link are based;  
 
 (e) the address where information and comments may be submitted;  
 
 (f) the date of initiation of the investigation; and  
 
 (g) the proposed schedule for the investigation.  
 
(3) The initiation of an investigation under subsect ion (1) shall be effective on the date of the 
publication of the notice in the Gazette . 
44. Disclosure of anti -dumping or countervailing investigation application  
(1) Subject to section 38, the Authority shall, as soon as an anti -dumping or a countervailin g 
investigation is initiated, provide the full non -confidential text of the written application under 
section  36 to – 
 
 (a) the known exporters, foreign producers and to the authorities of the exporting country; 
and 
 
 (b) any other interested party, upon request.  
 
(2) Notwithstanding subsection (1), where the number of exporters or foreign producers involved 
is particularly high, the Authority may provide a copy of the non -confidential text of the written 
application to the relevant trade association of the exporting country.  
PART VIII – INITIATION OF SAFEGUARD INVESTIGATIONS  
45. Application for safeguard investigation  
(1) A safeguard investigation may only be initiated by the Authority  upon receipt of a written 
application by, or on behalf of, a domes tic industry.  
 
(2) An application under subsection (1) shall include evidence of – 
 
 (a) unforeseen developments;  
 
 (b) GATT 1994 obligations;  
 
 (c) increased imports;  
 
 (d) injury; and  
 
 (e) causal link.  
46. Evidence and information required in safeguard investigation application  
An application under section 45 shall contain the following – 
 
 (a) the name, address and telephone number of the applicant;  
 
 (b) the identity of the domestic industry by or on behalf of which the application is being 
made, including the names, addresses and telephone numbers of all other known 
producers in the domestic industry;  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
- 24 - 
 
   (c) information relating to the degree of the support of the domestic industry for the 
application, including – 
 
(i) the total volume and val ue of domestic production of the domestic like or directly 
competitive product; and  
 
(ii) the volume and value of the domestic like or directly competitive product 
produced by the applicant and by each domestic producer identified;  
 
 (d) a complete descrip tion of the investigated product, including the raw materials, 
production processes, technical characteristics and uses of the product and its current 
tariff classification number;  
 
 (e) the name and address of each person the applicant believes sold the i nvestigated 
product in Mauritius during the most recent twelve -month period;  
 
 (f) information on the unforeseen developments that led to the increase in imports, and 
the concession Mauritius undertook under GATT 1994 in respect of the investigated 
product ; 
 
 (g) information on serious injury, or threat of serious injury, as contemplated in section 35; 
and  
 
 (h) information on the existence of a causal link as provided under section 35;  
47. Publication of safeguard investigation application  
The Authority shall avoid, unless a decision has been made to initiate a safeguard investigation, any 
publicity on the application for the initiation of the investigation.  
48. Withdrawal of safeguard investigation application before initiation  
A domestic indus try may, after making an application under section 45, at any time prior to the 
initiation of an investigation, withdraw the application.  
49. Initiation of safeguard investigation  
(1) The Authority shall examine the accuracy and adequacy of the evidence pr ovided in a 
safeguard application to determine whether there is sufficient evidence to justify the initiation of the 
investigation.  
 
(2) The Authority may seek additional information from the applicant before deciding whether to 
initiate a safeguard invest igation.  
 
(3) Where the Authority  determines that – 
 
 (a) a safeguard investigation application is made by, or on behalf of, the domestic industry; 
and 
 
 (b) there is sufficient evidence of unforeseen developments, concessions under GATT 1994, 
injury and c ausal link,  
 
the Authority  may initiate the investigation.  
 
(4) Where the Authority does not consider it appropriate to initiate a safeguard investigation, the 
Authority shall notify, in writing, the applicant of the reasons for not initiating the investigation.  
 
(5) The Authority  shall, within 30 days of the date of receipt of a properly documented written 
application, decide whether or not to initiate a safeguard investigation.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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  50. Self-initiation  of safeguard investigation  
(1) Notwithstanding section 45, the Authority  may, on its own initiative, initiate a safeguard 
investigation without having received a written application by, or on behalf of, the domestic industry.  
 
(2) Where the Authority  initiates an investigation under subsection (1), it shall only proceed with 
the investigation where there is sufficient evidence of increased imports as a result of unforeseen 
developments and concessions, injury and causal link.  
51. No safeguard investigation  for negligible infringement  
The Authority  shall not initiate a safeguard investigation where, from information reasonably 
available, it determines that there is insufficient evidence of unforeseen developments, concessions, 
increased imports, injury, or c ausal link.  
52. Public notification of initiation of safeguard investigation  
(1) Where the Authority  decides to initiate a safeguard investigation, the Authority shall - 
 
 (a) notify the initiation of the investigation to the importers and representative a ssociations 
of importers known to the Authority to be concerned, as well as representatives of the 
exporting countries that have a substantial interest in the product, the applicant, other 
domestic producers and other interested party known to the Authorit y to have an 
interest therein; and  
 
 (b) give public notice of its decision in the Gazette.  
 
(2) The notification and public notice of the initiation of an investigation under subsection (1) shall 
contain – 
 
 (a) a complete description of the investigated product, including the technical 
characteristics and uses of the product and its current tariff classification number;  
 
 (b) a description of the alleged unforeseen developments and of the concessions;  
 
 (c) a summary of the factors on which the allegation s of increased imports, injury and 
causal link are based;  
 
 (d) the address where information and comments may be submitted;  
 
 (e) the date of initiation of the investigation; and  
 
 (f) the proposed schedule for the investigation.  
 
(3) The initiation of an investigation under subsection (1) shall be effective on the date of the 
publication of the notice in the Gazette . 
 
(4) As soon as an investigation under subsection (1) has been initiated through the publication of 
a notice in the Gazette, the Authority shall inform the WTO Committee on Safeguards of the initiation 
of the investigation.  
53. Disclosure of safeguard investigation application  
The Authority shall, as soon as a safeguard investigation is initiated, upon request, provide the full 
text of the written application under section 45 to any interested party.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  PART IX – CONDUCT OF INVESTIGATIONS  
54. Duration of investigations  
(1) The final determination in an anti -dumping or countervailing investigation shall be published 
in the Gazette within one year of the initiation of the investigation.  
 
(2) The final determination in a safeguard investigation shall be published in the Gazette within 
270 days of the initiation of the investigation.  
 
(3) Where special circumstances so require –  
 
 (a) the Authority; or  
 
 (b) where the Authority has already addressed a copy of its final determination to the 
Minister under section 76(4) or 86(7), the Minister,  
 
may extend the period in subsection (1) to not  more than 18 months and the period in subsection  (2) 
to not more than 12 months.  
 
(4) Where no final determination is published in the Gazette within the time specified in this 
section, an investigation shall lapse.  
55. Customs clearance  
An anti -dumping, countervailing or safeguard investigation or review shall not be a hindrance to 
customs clearance procedures.  
56. Confidentiality  
(1) The Authority shall, on good cause shown, keep confidential, information which – 
 
 (a) by nature, is confidential;  
 
 (b) if disclosed, would be of significant competitive advantage to a competitor;  
 
 (c) if disclosed, could have a significant adverse effect on a person supplying the 
information or on a person from whom the person supplying the information acquired 
that inform ation;  
 
 (d) was provided on a confidential basis by parties to an investigation.  
 
(2) For the purpose of paragraph (1)(a), the following information shall, by nature, be 
confidential  – 
 
 (a) business or trade secrets in respect of the nature of a product, production processes, 
operations, production equipment, or machinery;  
 
 (b) information not publicly available in respect of the financial condition of a company;  
 
 (c) information concerning costs, identification of customers, sales, inventories,  shipments, 
or amount or source of any income, profit, loss or expenditure related to the 
manufacture and sale of a product.  
 
(3) Any person that requests confidentiality over information shall make such request at the time 
the information is submitted and give the reasons for which confidential treatment is warranted.  
 
(4) The Authority shall consider a request made under subsection (3) expeditiously and, where it 
determines that the request for confidential treatment is not warranted, inform the person 
accordingly.  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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  (5) Notwithstanding subsection (3) but subject to subsection (6), every person shall, together 
with any information that person furnishes to the Authority, provide a non -confidential summary of 
the information in respect of which h e seeks confidential treatment.  
 
(6) The non -confidential summary referred to in subsection (5) shall be in sufficient detail to 
provide other interested parties with a reasonable understanding of the nature of the information 
submitted in confidence.  
 
(7) Where a person who submits information for which confidential treatment is sought is of the 
opinion that the information cannot be condensed into a non -confidential summary, that person shall 
provide reasons for his opinion.  
 
(8) Where the Authority rejec ts the reasons provided under subsection (7), it shall inform the 
person submitting the information accordingly.  
 
(9) Where the Authority determines that confidential treatment is not warranted under subsection 
(4) or rejects the reasons provided under subsection (7), it shall give the person providing the 
information 7 days to provide additional justification for claiming confidentiality.  
 
(10) Where, pursuant to subsection (9), the person does not provide additional justification or the 
Authority  rejects the justification provided, it shall return the information to the person and disregard 
such information in the investigation.  
57. Sampling  
In cases where the number of exporters, producers, importers or types of products involved is so 
large as t o make a determination impracticable, the Authority may limit its examination to –  
 
 (a) a reasonable number of interested parties or products by using samples which are 
statistically valid on the basis of information available to it at the time of the se lection; 
or  
 
 (b) the largest percentage of the volume of the exports which can reasonably be 
investigated from the country in question.  
58. Reliance on information available  
(1) Where, at any time during an investigation, any interested party – 
 
 (a) refuses access to, or otherwise does not provide, necessary information within such 
time as determined by the  Authority ; or 
 
 (b) otherwise significantly impedes the investigation,  
 
the Authority  may make preliminary and final determinations on the basis of information available.  
 
(2) In making determinations under subsection (1), the Authority shall take due account of any 
difficulty encountered by any interested party in supplying the information requested.  
59. Register of investigations  
(1) The Authority s hall establish and maintain a register relating to each investigation or review 
made under this Act.  
 
(2) The Authority shall record in the register - 
 
 (a) all public notices relating to the investigation or review;  
 
 (b) all relevant materials, including  questionnaires, responses to questionnaires, and 
written communications submitted;  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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   (c) all other information developed or obtained by the Authority, including any verification 
report prepared pursuant to section 71 or 83 ; and 
 
 (d) such other documents which the Authority deems appropriate for public disclosure.  
 
(3) The register shall be available for consultation to the general public at the offices of the 
Authority at all times during the course of the investigation or review.  
PART X - ANTI -DUMPING AND COUNTERVAILING  
INVESTIGATION PROCEDURES  
60. Time frame for anti -dumping or countervailing investigation  
The Authority shall, before initiating an anti -dumping or a countervailing investigation, draw up a 
time frame for the investigation which s hall, except in circumstances beyond its control, be followed 
so as not to cause injustice to any party.  
61. Gathering of information during anti -dumping or countervailing investigation  
(1) The Authority shall send questionnaires to any person that it beli eves may have information 
relevant to an anti -dumping or a countervailing investigation, including known domestic producers, 
importers, exporters and foreign producers.  
 
(2) (a) The Authority shall, subject to subsection (3), give exporters and foreign pro ducers not 
less than 30 days from the date of receipt of a questionnaire under subsection (1) to reply to the 
questionnaire.  
 
(b) A questionnaire under subsection (1) shall be deemed to have been received by a party 
7 days after it has been sent to that pa rty or transmitted to an appropriate diplomatic representative 
where the party is in an exporting country.  
 
(3) Any person who receives a questionnaire under subsection (1) may request for an extension 
of time and the Authority may grant such extension on good cause shown, taking into account the 
time limits for investigation.  
 
(4) The Authority may disregard any reply to a questionnaire sent under this section where the 
questionnaire is not submitted within the time provided or in the form requested.  
 
(5) The Authority may, in the course of an anti -dumping or a countervailing investigation, request 
further information from any interested party.  
 
(6) A request made under subsection (5) shall state the date by which a reply shall be made.  
 
(7) Any interes ted party may, on its own initiative, submit in writing any information it considers 
relevant to an anti -dumping or a countervailing investigation.  
 
(8) The Authority shall consider any information submitted under subsection (7) unless such 
consideration w ould be unduly burdensome to the Authority and disrupt the timely progress of an 
anti-dumping or a countervailing investigation.  
 
(9) The Authority shall base its assessment of dumping or subsidies, injury and causal link on 
data relating to the period und er investigation.  
 
(10) For the purpose of this section - 
 
(a) the period of investigation, in the case of dumping, shall normally cover a period of one 
year preceding the date of initiation of the investigation for which data are available;  
 
(b) the perio d of investigation, in the case of a subsidy, shall normally cover a period of one 
year preceding the date of initiation of the investigation;  
 
(c) the period, in the case of injury, shall normally cover 3 years.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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  62. Preliminary written arguments  in respect of anti -dumping or countervailing 
investigation  
Any interested party may, not later than 15 days before the scheduled date of the 
preliminary determination, submit written arguments to the Authority concerning any matter 
relevant to an anti -dumping or a countervailing investigation.  
63. Preliminary determination in anti -dumping or countervailing investigation  
(1) The Authority shall make a preliminary determination of - 
 
(a) dumping or subsidy;  
 
(b) injury ; and 
 
(c) causal link,  
 
not earlier than 60 days, and not later than 250 days after the initiation of an anti -dumping or a 
countervailing investigation.  
 
(2) A preliminary determination under subsection (1) shall be based on all information available 
to the Authority at the time of t he determination.  
 
(3) The Authority shall address a copy of the preliminary determination under subsection (1) to 
the Minister and, at the same time, give public notice of the determination.  
 
(4) A preliminary determination under subsection (1) shall cont ain the findings of fact and law of 
the Authority, due regard being given to the requirement for the protection of confidential 
information, and shall include - 
 
(a) the names of the known exporters and producers of the investigated product;  
 
(b) a description of the investigated product that is sufficient for customs purposes, 
including the current domestic tariff classification;  
 
(c) the amount of the dumping margin or subsidy, if any, found to exist, the basis of the 
determination and the methodol ogy used in determining normal value, export price, 
and any adjustments made;  
 
(d) the factors that have led to the determination of injury and causal link, including 
information on factors, other than dumped or subsidised imports taken into account ; 
and 
 
(e) the amount of any provisional measures to be applied and the reasons why such 
provisional measures are necessary to prevent injury being caused during the 
investigation.  
 
(5) A copy of a preliminary determination under this section shall be forwarded t o the country 
exporting the investigated product and to all other interested parties.  
64. Disclosure after preliminary determination in anti -dumping or countervailing 
investigation  
The Authority shall, on request made by an exporter or a foreign producer o f the investigated 
product, and within 15 days of the publication of the preliminary determination, hold separate 
disclosure meetings with the exporter or producer to explain the dumping or subsidy calculations 
and methodology preliminarily applied for tha t exporter or producer.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  65. Offer of undertaking  
(1) (a) The Authority may suspend an investigation without the imposition of provisional 
measures, or anti -dumping or countervailing duties, upon acceptance of the offer of an undertaking 
from an exporter to  revise its prices or to cease exports at dumped or subsidised prices or take other 
measures concerning the injurious effects of the dumping or subsidisation.  
 
(b) In case of subsidy, the undertaking may also be given by the government of the 
exporting cou ntry. 
 
(2) Price increases under an undertaking shall - 
 
(a) not be higher than necessary to eliminate the dumping or subsidisation ; and 
 
(b) be less than the dumping or subsidy margin where the Authority determines that 
such lesser price increase would be adequate to remove the injury to the domestic 
industry.  
66. Acceptance of undertaking  
(1) The Authority shall not accept an undertaking - 
 
(a) unless it has made a preliminary affirmative determination of dumping or subsidisation, 
injury and causa l link; and 
 
(b) where the undertaking has been made not less than 60 days before the proposed date 
of final determination.  
 
(2) The Authority may not accept an undertaking where it is of the opinion that - 
 
(a) the number of exporters is too large;  
 
(b) it is impractical to manage the implementation of the undertaking ; or 
 
(c) the acceptance of the undertaking is unreasonable.  
 
(3) Where the Authority does not accept an undertaking, it shall give to the exporter or, where 
appropriate, the government of the exporting country that offered the undertaking, the reasons for 
its decision and shall provide the exporter or  government an opportunity to make written comments 
on the decision.  
 
(4) The Authority may require from any exporter or government from which an undertaking has 
been accepted periodical information relevant to the fulfilment of the undertaking and to perm it 
verification of pertinent data.  
67. Notification of undertaking  
(1) Where the Authority accepts an undertaking, it shall give public notice of its decision which 
shall include the non -confidential part of the undertaking and the findings and conclusions  of the 
Authority.  
 
(2) A copy of the public notice in subsection (1) shall be forwarded to the government of the 
country the products of which are the subject of the undertaking and to any other interested party.  
68. Continuation of investigation  
(1) Notwithstanding the acceptance of an undertaking, the Authority may - 
 
(a) upon the request of an exporter ; or 
 
(b) where it thinks fit,  
 
complete an anti -dumping or a countervailing investigation.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
- 31 - 
 
  (2) Subject to subsection (3), where the Authority makes a negative determination of dumping, 
subsidisation or injury following the completion of an anti -dumping or a countervailing investigation 
under subsection (1), an undertaking shall lapse.  
 
(3) Where a negative determination made under this section is due, i n large part, to an 
undertaking, the Authority may require that the undertaking be maintained for such reasonable time 
as it may determine.  
 
(4) Where the Authority makes an affirmative determination of dumping or subsidisation and 
injury, an undertaking s hall continue to be effective.  
69. Violation of undertaking  
(1) Where an undertaking is violated, the Authority may, using the best information available, 
recommend the application of a provisional measure to the Minister.  
 
(2) Definitive duties may be lev ied in accordance with this Act on goods entered for consumption 
not more than 90 days before the application of provisional measures, except that any such 
retroactive assessment shall not apply to imports entered before the violation of the undertaking.  
70. Review of undertaking  
(1) The Authority may require any party from whom an undertaking has been accepted to provide 
information relevant to the fulfilment of the undertaking.  
 
(2) The Authority may, on its own initiative, and shall, when requested to do  so by an interested 
party submitting positive evidence justifying the need for a review, initiate a review of any 
undertaking given and accepted under this Part and shall complete that review within 12 months of 
its initiation.  
 
(3) An undertaking given a nd accepted under this Part shall automatically lapse after 5 years from 
the date that is the later of - 
 
(a) the date of acceptance of the undertaking ; or 
 
(b) where a review carried out under subsection (2) has been completed, the date of the 
initiation of that review, unless, at that date, the undertaking was already the subject 
of a review under subsection (2).  
71. Verification of information in anti -dumping or countervailing investigation  
(1) (a) Where, in an anti -dumping or a countervailing  investigation, the Authority intends to 
base itself on information supplied by an interested party to make its findings, it shall verify the 
accuracy of that information.  
 
(b) Paragraph (a) shall not apply in the case of negligible infringement under sect ion 42.  
 
(2) For the purpose of subsection (1), the Authority may, after receiving an application under 
section 36 but before the initiation of an anti -dumping or countervailing investigation, conduct such 
on-site inspection as it deems necessary at the pr emises of a domestic producer or an interested 
party.  
 
(3) Where the Authority conducts an on -site inspection under subsection (2), it shall, as soon as 
practicable after the inspection, issue a full verification report and a non -confidential version there of 
to the domestic producer or interested party, as the case may be.  
 
(4) Within 7 days of the date of a full verification report under subsection (3), a domestic producer 
or an interested party, shall provide the Authority with comments on the accuracy of  the full 
verification report and the contents of the non -confidential version thereof.  
 
(5) After the time specified in subsection (4) has lapsed, the Authority shall place a copy of the 
non-confidential version of the verification report on the register.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
- 32 - 
 
  72. Written arguments in anti -dumping or countervailing investigation  
(1) In an anti -dumping or a countervailing investigation in which no hearing is requested, any 
interested party may, not later than 45 days before the date proposed for the fin al determination of 
the Authority, submit written arguments on any matter it considers relevant to the investigation.  
 
(2) In an anti -dumping or a countervailing investigation in which a hearing is held, any interested 
party may, not later than 10 days bef ore the hearing, submit written arguments concerning any 
matter it considers relevant to the investigation.  
 
(3) Any interested party that participated in a hearing relating to an anti -dumping or a 
countervailing investigation may, within 10 days of the hearing, submit further written arguments 
in response to arguments and information presented at that hearing.  
73. Hearings in anti -dumping or countervailing investigation  
(1) The Authority shall, upon request made by an interested party not later than 30 d ays after 
publication of the preliminary determination, fix a hearing at which all interested parties may submit 
information and arguments.  
 
(2) Where no preliminary determination is made, an interested party may request a hearing not 
later than 90 days pr ior to the date proposed for the final determination of the Authority.  
 
(3) A hearing shall be held not later than 60 days prior to the date proposed for the final 
determination of the Authority.  
 
(4) An interested party that intends to appear at a hearing  shall notify the Authority, not less than 
7 days before the date of the hearing, of the names of its representatives and witnesses who will 
attend the hearing.  
74. Contributions by industrial users and representative consumer organisations  
The Authority s hall allow industrial users of an investigated product in Mauritius or representatives 
consumer organisations to provide information and submit in writing or orally on matters relevant 
to an anti -dumping or countervailing investigation.  
75. Essential facts  
(1) After a hearing and verification of information collected in an anti -dumping or a 
countervailing investigation and, in any event, not less than 30 days before the proposed date for 
the final determination, the Authority shall inform all interested par ties, in writing, subject to the 
confidentiality requirements of section 56, of the essential facts under consideration which will form 
the basis for the final determination.  
 
(2) Interested parties shall, within 7 days of being informed of the essential f acts under 
subsection  (1), submit any comment on these facts to the Authority.  
76. Final determination in anti -dumping or countervailing investigation  
(1) The Authority shall, in respect of an anti -dumping investigation, make a final determination 
of dumpi ng, injury and causal link within 180 days of the preliminary determination.  
 
(2) The Authority shall, in a countervailing investigation, make a final determination of subsidy, 
injury and causal link within 120 days of the preliminary determination.  
 
(3) Subject to section 42, a final determination under this section shall be based on all information 
obtained by the Authority in the course of an anti -dumping or a countervailing investigation.  
 
(4) The Authority shall address a copy of its final determination to the Minister and, at the same 
time, give public notice of the determination.  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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  (5) The final determination under subsection (4) shall provide all relevant information which has 
led to the determination and include - 
 
(a) the names of the kn own exporters and producers of the investigated product;  
 
(b) a description of the investigated product that is sufficient for customs purposes, 
including the tariff classification;  
 
(c) the amount of the dumping margin or subsidy, if any, found to exist, the basis of the 
determination, the methodology used in determining normal value, export price, and 
any adjustments made, or the methodology used in determining the subsidy margin;  
 
(d) the factors that have led to the determination of injury and causal li nk, including 
information on factors other than dumped or subsidised imports that have been taken 
into account;  
 
(e) any other reasons leading to the final determination;  
 
(f) the reasons for the acceptance or rejection of relevant arguments or claims made  by 
exporters and importers;  
 
(g) the amount of any anti -dumping or countervailing duty to be imposed, including any 
consideration relevant to the examination of the domestic interest, and whether a duty 
less than the dumping margin would be adequate to re move the injury to the domestic 
industry ; and 
 
(h) the final anti -dumping duty or countervailing duty to be collected with regard to the 
imports to which provisional measures are applied.  
 
(6) A copy of a final determination under this section shall be forwarded to the government of the 
country the products of which are subject to such determination and to all interested parties.  
77. Disclosure  
On completion of a final determination under this Part, the Authority shall, on request made by an 
exporter or a producer within 15 days of the publication of the final determination, hold individual 
disclosure meetings with the exporter or producer to explain the dumping or subsidy calculation 
methodology finally applied for that exporter or producer.  
PART XI - SAFEGUARD INVESTIGATION PROCEDURES  
78. Time frame for safeguard investigation  
(1) The Authority shall, before initiation of a safeguard investigation, draw up a time frame for 
the investigation which shall, except owing to circumstances beyond it s control, be followed so as 
not to cause injustice to any party.  
 
(2) Any interested party that intends to participate in a safeguard investigation shall make itself 
known to the Authority within 20 days from the date of initiation of the investigation.  
 
79. Gathering of information during safeguard investigation  
 
(1) The Authority shall send questionnaires to any person that it believes may have information 
relevant to a safeguard investigation, including known domestic producers and importers.  
 
(2) Any i nformation received after the deadline specified in section 80 shall only be taken into 
consideration by the Authority in making its final determination under section 86 where the party 
providing the information has identified itself under section 78(2).  
 
(3) The Authority may, in the course of a safeguard investigation, request further information 
from any participating interested party.  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
- 34 - 
 
  (4) A request made under subsection (3) shall state the date by which a reply shall be made.  
 
(5) Any participating int erested party may, on its own initiative, submit, in writing, any 
information it considers relevant to a safeguard investigation.  
 
(6) The Authority  shall base its assessment of increased imports, injury and causal link on data 
relating to the period under investigation.  
 
(7) The period in a safeguard investigation to determine whether there was a significant increase 
in imports shall be - 
 
(a) not less than 3 and not more than 5 years ; and 
 
(b) not more than 3 years in the case of injury.  
80. Prelimin ary written arguments in respect of safeguard investigation  
Any interested party may submit written arguments to the Authority to be taken into consideration 
in the preliminary determination not later than 30 days after initiation.  
81. Preliminary determin ation in safeguard investigation  
(1) The Authority  shall, in a safeguard investigation, make a preliminary determination of 
unforeseen developments, G ATT 1994  obligations, increased imports, injury and causal link not later 
than 120 days after the initiati on of the investigation.  
 
(2) A preliminary determination under subsection (1) shall be based on all information available 
to the Authority  at the time of the investigation.  
 
(3) The Authority shall address to the Minister a copy of the preliminary determi nation under 
subsection (1) and, at the same time, give public notice thereof.  
 
(4) A preliminary determination under subsection (1) shall contain the findings of fact and law of 
the Authority, due regard being given to the requirement for protection of co nfidential information 
and shall include - 
 
(a) a description of the investigated product that is sufficient for customs purposes, 
including the current domestic tariff classification;  
 
(b) the unforeseen developments and G ATT 1994  concessions that led to the increase in 
imports, as well as information on the increase in imports;  
 
(c) the factors that have led to the determination of increased imports, injury and causal 
link, including information on factors, other than the increase d imports taken into 
account ; and 
 
(d) the amount of any provisional measures to be applied and the reasons why such 
provisional measures are necessary to prevent injury during the investigation.  
 
(5) A notice, including a copy of a preliminary determinati on made under this section shall be 
submitted to the WTO Committee on Safeguards before any provisional safeguard measure is 
imposed.  
 
(6) A copy of a preliminary determination made under this section shall be provided to all 
participating interested parti es. 
82. Consultations after preliminary determination in safeguard investigation  
(1) The Authority shall allow consultations on a provisional measure under section 81 by countries 
having a significant interest in the investigated product.  
 G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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  (2) Countries sh all enter into consultations under subsection (1) not later than 30 days after the 
notice under section 81(5) has been submitted to the WTO Committee on Safeguards.  
83. Verification of information in safeguard investigation  
(1) Where, in a safeguard investigation, the Authority intends to base itself on information 
supplied by an interested party to make its findings, it shall verify the accuracy of that information.  
 
(2) For the purpose of subsection (1), the Authority may, after receiving an application under 
section 45 but before the initiation of a safeguard investigation, conduct such verification visit as it 
deems necessary at the premises of a domestic producer or of a participating interested party in 
Mauritius that has cooperated dur ing the investigation.  
84. Written arguments in safeguard investigation  
(1) In a safeguard investigation in which no hearing is requested, any interested party may, not 
later than 60 days before the date proposed for the final determination of the Authority, submit 
written arguments on any matter it considers relevant to the investigation.  
 
(2) In a safeguard investigation in which a hearing is held, any interested party may, not later 
than 10 days before the hearing, submit written arguments concer ning any matter it considers 
relevant to the investigation.  
 
(3) Any interested party that participated in a hearing relating to a safeguard investigation may, 
within 7 days of the hearing, submit further written arguments in response to arguments and 
information presented at that hearing.  
85. Hearings in safeguard investigation  
(1) The Authority shall, in respect of a safeguard investigation, hold a public hearing not later 
than 60 days before the proposed date for the final determination.  
 
(2) Any partici pating interested party may make presentations on any issue it deems relevant at 
the public hearing under subsection (1).  
 
(3) Subject to approval by the Authority, any party other than a participating interested party 
may make presentations related to pub lic interest in the investigation at the public hearing under 
subsection (1).  
 
(4) Any party that intends to appear at the public hearing under subsection (1) shall, not less 
than 7 days before the date of the hearing, notify the Authority of the names of its representatives 
and witnesses who will attend the hearing.  
86. Final determination in safeguard investigation  
(1) The Authority  shall, in respect of a safeguard investigation, make a final determination of 
increased imports, injury and causal link with in 150 days of the preliminary determination.  
 
(2) The final determination under subsection (1) shall be based on all information obtained by the 
Authority in the course of the safeguard investigation.  
 
(3) Where the final determination under subsection (1 ) is a decision not to impose a definitive 
safeguard measure, the Authority shall publish that decision in the Gazette.  
 
(4) Where the Authority  proposes to impose a definitive safeguard measure, it shall notify the 
WTO Committee on Safeguards of - 
 
(a) the final injury determination ; and 
 
(b) any proposed safeguard measure.  
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  (5) The Authority shall provide for consultations with governments of countries that have a 
significant interest in the investigated product to discuss the form, level, duration and liberalisation 
of the proposed safeguard measure.  
 
(6) The consultations under subsection (5) shall be finalised within not more than 30 days from 
the date the proposed measure was notified to the WTO Committee on Safeguards.  
 
(7) Following consultations u nder subsection (5), the Authority  shall make its final determination 
in the form of a recommendation to the Minister.  
 
(8) The Authority shall give notice of its final determination under subsection (7) in the Gazette.  
 
(9) The notice in subsection (8) sh all provide a summary of the information which has led to the 
determination and include - 
 
(a) an overview of the factors that have led to the determination of unforeseen 
developments, increased imports, injury and causal link ; and 
 
(b) the proposed safegu ard measure, including its form, level, duration and  liberalisation 
schedule;  
 
(10) The Authority shall prepare a report setting out in detail all relevant issues of fact and law 
considered in the final determination made under subsection (7).  
 
(11) A copy  of the notice under subsection (8) and the report under subsection (10) shall be 
forwarded to the WTO Committee on Safeguards and all participating interested parties.  
PART XII - CONCLUSION OF INVESTIGATION  
87. Withdrawal of application  after initiation  
(1) An application made under section 36 or 45 may be withdrawn at any time after an 
investigation has been initiated.  
 
(2) Where an application has been withdrawn under subsection (1), the Authority shall terminate 
the investigation unle ss it determines that it is in the public interest to continue that investigation.  
88. Termination for insufficient evidence, de minimis  or negligible volume  
(1) An investigation shall be terminated at any time where the Authority is satisfied that there is 
insufficient evidence of - 
 
(a) dumping, subsidy or increased imports;  
 
(b) injury ; or 
 
(c) causal link.  
 
(2) The Authority may terminate an investigation where  it determines that the dumping margin 
or the amount of subsidy is de minimis , or that the volume of dumped or subsidised imports, actual 
or potential, is negligible.  
 
(3) The Authority may terminate an investigation where it determines that the injury to the 
domestic industry is negligible.  
89. Public notice of conclusion of investigation without imposition of measures  
(1) The Authority shall issue a public notice and a report of the conclusion of an investigation.  
 
(2) For the purpose of subsection (1), a  public notice shall, in the case of an anti -dumping or a 
countervailing investigation, give an overview of the findings on pertinent issues, including - G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG/N/1/MUS/2  
 
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  (a) the margin of dumping or the margin of subsidy found;  
 
(b) injury;  
 
(c) causal link ; and 
 
(d) any definitive measure to be imposed.  
 
(3) For the purpose of subsection (1), a public notice shall, in the case of a safeguard investigation, 
give an overview of the findings on pertinent issues, including - 
 
(a) the unforeseen developments found;  
 
(b) the GATT 1994  obligations incurred by Mauritius;  
 
(c) increased imports;  
 
(d) injury;  
 
(e) causal link ; and 
 
(f) any definitive measure to be imposed, including the form, duration, level and 
liberalisation thereof.  
 
(4) A report under subsection (1) shall give details of the findings and conclusions reached on all 
issues of fact and law which the Authority considered material, including the matters of fact and law 
which led to arguments being accepted or rejected.  
PART XIII - PROVISIONAL MEASURES  
90. Imposition of provisional measures  
(1) Upon receipt of a preliminary determination from the Authority under section 63(3) or 81(3), 
the Minister may, where he considers that the imposition of a provisional measure is necessary to 
prevent injury from being caused during the course of an investigation, make a preliminary 
determination of - 
 
(a) dumping, subsidy or increased imports;  
 
(b) injury ; and 
 
(c) causal link.  
 
(2) Where the Minister makes a preliminary determination under subsection (1), the Minister 
responsible for the subject of finance may impose a provisional measure pursuant to section 4(g) of 
the Customs Tariff Act.  
91. Security for provisional measures  
(1) For the purpose of section 90(2), an importer may furnish a security to the Director -Gener al 
in accordance with section 39 of the Customs Act.  
 
(2) The security under subsection (1) shall not be greater than the estimated dumping or subsidy 
margin set out in the preliminary determination made by the Minister under section 90(1), or, in the 
case of a safeguard investigation, the estimated amount required to prevent further injury to the 
domestic industry during the course of the investigation.  
92. Duration of application of provisional measures  
(1) A provisional anti -dumping measure shall apply f or a period of not more than 180 days.  
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  (2) At the request of exporters representing more than 50 per cent of the trade involved, a 
provisional anti -dumping measure may be extended by the Minister to a period not exceeding 
270 days.  
 
(3) A provisional countervailing measure shall apply for a period of not more than 120 days.  
 
(4) A provisional safeguard measure shall apply for a period of not more than 200 days, and shall 
be counted as part of the overall duration of a safeguard measure.  
PART XIV - IMPOSITION AND COLLECTION OF  
ANTI -DUMPING  AND COUNTERVAILING DUTIES  
93. Lesser duty rule  
(1) The Authority shall examine whether a duty less than the full dumping or subsidy margin shall 
be adequate to remove the injury to the domestic industry.  
 
(2) Where the Authority determines that a lesser duty shall be adequate to remove the injury, 
the Minister may, in turn, determine that the amount of the final anti -dumping duty or countervailing 
duty imposed shall not exceed that lesser duty.  
 
(3) Where th e Minister makes a determination under subsection (2), the Minister responsible for 
the subject of finance shall, pursuant to section 4(g) of the Customs Tariff Act, impose a lesser duty.  
94. Definitive anti -dumping or countervailing duty  
(1) Upon receipt of a determination from the Authority under section 76(4), the Minister may, in 
turn, make a determination of whether or not to impose a definitive anti -dumping or countervailing 
measure.  
 
(2) Any amount of the anti -dumping or countervailing duty determine d under subsection (1) shall 
not exceed the dumping margin or the amount of subsidy determined by the Authority.  
 
(3) An anti -dumping or countervailing duty shall take the form of an ad valorem or specific duty 
imposed by the Minister responsible for the s ubject of finance pursuant to section 4(g) of the 
Customs Tariff Act.  
 
(4) (a) In respect of the import from all sources of any product destined for use on the local 
market, an anti -dumping or countervailing duty shall be collected on a non -discriminatory basis 
where the product is found to be dumped or subsidised and causing injury.  
 
(b) Paragraph (a) shall not apply to imports from companies or countries from which a price 
undertaking is accepted.  
 
(5) Subject to subsection (6), the Authority shall establish an individual anti -dumping duty or 
countervailing duty for each known exporter or producer of dumped or subsidised imports.  
 
(6) Where the Authority limits its examination in accordance with section 57, any anti -dumping 
duty or countervailing dut y applied to imports from exporters or producers not included in an 
examination shall not exceed the weighted average dumping margin or subsidy established with 
respect to the selected exporters or producers, provided that the Authority shall disregard any  zero 
margin, de minimis  margins and margins established under section 42.  
 
(7) Except where the Authority initiates an investigation under section 41, it shall apply individual 
duty to imports from any exporter or producer that is not included in an exami nation but that has 
provided the necessary information during the course of an investigation.  
 
(8) The Authority may apply a residual anti -dumping or countervailing duty rate for imports from 
exporters and producers not known to the Authority at the time t he final determination was made.  
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  (9) The residual anti -dumping duty rate in subsection (8) shall not exceed a rate higher than the 
difference between the highest normal value and the lowest export price established for exporters 
and producers examined dur ing the investigation.  
 
(10) The residual countervailing duty rate in subsection (8) shall not exceed the sum of the highest 
subsidy amounts found in respect of each subsidy programme.  
95. Refund of duties paid in excess of dumping margin or rate of subsid isation  
(1) Where the Authority determines that the dumping margin or the actual rate of subsidisation 
on the basis of which duties were paid has been eliminated or reduced to a level which is below the 
level of the duty in force, it shall make a recommend ation to the Minister that an importer subject 
to an anti -dumping or countervailing duty be granted a refund of duty.  
 
(2) Where the Minister approves a recommendation made under subsection (1), the importer shall 
submit an application for the refund to Cu stoms in accordance with section 23 of the Customs Act.  
 
(3) Except where there are related pending judicial review proceedings, a refund of duties paid in 
excess of the actual dumping margin or subsidy shall take place within 12 months, and in no case 
more than 18 months, after the date on which an application for a refund was made.  
96. Suspension of anti -dumping or countervailing measures  
Where, on the recommendation of the Authority, the Minister so approves, any measure 
imposed under this Part may be su spended for a specified period where - 
 
(a) there is a temporary change in market conditions ; and 
 
(b) it is determined that the continued application of the measure is not in the public 
interest.  
97. Application of anti -dumping or countervailing measures  
Except as provided in sections 69 and 98, provisional measures and anti -dumping duty or 
countervailing duties shall apply to products that enter into Mauritius for consumption on or after 
the date of publication of an affirmative pr eliminary or final determination in an investigation or 
review conducted under this Act.  
98. Retroactive application of definitive anti -dumping or countervailing duties  
(1) A definitive anti -dumping duty shall be collected on products which entered into Ma uritius for 
consumption not more than 90 days before the date of application of provisional measures where, 
following a determination of the Authority, the Minister is of the opinion that - 
 
(a) there is a history of dumping which caused injury;  
 
(b) the importer ought to have been aware that the exporter practised dumping and that 
such dumping would cause injury ; or 
 
(c) the injury is caused by massive dumped imports of a product in a relatively short time.  
 
(2) A definitive countervailing duty shall be co llected on products which entered into Mauritius for 
consumption not more than 90 days before the date of application of provisional measures where, 
following a determination of the Authority, the Minister is of the opinion that  injury which is difficult 
to repair is caused by massive imports in a relatively short period of a product benefiting from 
subsidies.  
 
(3) Where a final determination of injury is made, or in the case of a final determination of a 
threat of injury, where the effect of dumped or subs idised imports would, in the absence of 
provisional measures, have led to a determination of injury, anti -dumping or countervailing duties 
may be levied retroactively for the period for which provisional measures, if any, have been applied.  G/ADP/N/1/MUS/4 • G/SCM/N/1/MUS/4 • G/SG /N/1/MUS/2  
 
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  (4) Subject to subsection (3), where the Authority makes a determination of threat of injury or 
material retardation, a definitive anti -dumping or countervailing duty may, subject to the 
concurrence of the Minister, be imposed from the date of the determination of threat  of injury or 
material retardation.  
99. Security and definitive anti -dumping or countervailing duty  
(1) Where a definitive anti -dumping duty or countervailing duty becomes payable under this Act, 
no security provided under section 91 shall be released unless the duty has been paid.  
 
(2) Where the Authority makes a negative final determination, any security provided during the 
period of application of the provisional measures shall, subject to the concurrence of the Minister, 
be released.  
PART X V - IMPOSITION, COLLECTION AND  
ADMINISTRATION  OF SAFEGUARD MEASURES  
100. Public interest  
The Authority or the Minister shall examine whether the imposition of a safeguard measure shall be 
in the interest of Mauritius, due regard being given to the interest  of the domestic industry, the 
situation of domestic competition for the product under investigation, the needs of industrial users 
and the interest of consumers.  
 
101. Form and administration of safeguard measure  
 
(1) A safeguard measure may take the form  of a duty, a quota or a tariff quota.  
 
(2) A duty or tariff quota on a product shall be administered by Customs on a non -discriminatory 
basis on imports of that product from all sources other than those developing countries exempted 
under subsection (4).  
 
(3) A quota on a product shall be administered by the Minister responsible for the subject of 
commerce on a non -discriminatory basis on imports of that product from all sources other than those 
developing countries exempted from its application under subs ection (4).  
 
(4) No safeguard measure shall be applied against a product originating in a developing country 
as long as its share of imports of the product concerned in Mauritius does not exceed 3 per cent of 
the import volume during the original investiga tion period, provided that developing countries with 
less than 3 per cent import share collectively account for not more than 9 per cent of total imports 
of the product concerned.  
102. Amount of safeguard duty  
(1) The amount of the safeguard duty shall be not more than is necessary to prevent or remedy 
serious injury and to facilitate adjustment of the domestic industry.  
 
(2) A safeguard duty may take the form of an ad valorem or specific duty or a combination thereof.  
 
(3) A safeguard duty shall b e imposed in addition to any customs duty levied on an imported 
product.  
103. Volume of quota  
(1) Where a safeguard measure is in the form of a quota, that measure shall not reduce the 
quantity of imports below the level in a recent period which shall be t he average of imports in the 
last 3 representative years for which statistics are available, unless clear justification is given that a 
different level is necessary to prevent or remedy serious injury.  
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  (2) In cases in which a quota is allocated among supp lying countries, the Authority may, subject 
to the concurrence of the Minister, seek agreement with respect to the allocation of shares in the 
quota with all countries having a substantial interest in supplying the product concerned.  
 
(3) In cases in which  the method set out in subsection (2) is not reasonably practicable, the 
Authority shall, subject to the concurrence of the Minister, allot to countries having a substantial 
interest in supplying the product, shares of the total quantity or value of import s of the product 
based on the proportions supplied by these countries in a previous representative period, due 
account being taken of any special factors which may have affected or may be affecting the trade in 
the product.  
 
(4) For the purpose of subsecti on (3), the previous representative period shall normally be the 
first 2 of the 3 representative years referred to in subsection (1).  
 
(5) The Authority may, subject to the concurrence of the Minister, depart from subsection (3) 
provided that consultations  under paragraph 3 of Article 12 of the WTO Agreement on Safeguards 
are conducted under the auspices of the WTO Committee on Safeguards provided for in paragraph 
1 of Article 13 of that Agreement, and that clear demonstration is provided to the WTO Committ ee 
on Safeguards that - 
 
(a) imports from certain countries have increased in disproportionate percentage in relation 
to the total increase of imports of the product concerned in the representative period;  
 
(b) the reasons for the departure from the provis ions of subsection (3) are justified ; and 
 
(c) the conditions of such departure are equitable to all suppliers of the product concerned.  
 
(6) The duration of any measure imposed under subsection (5) shall not be extended beyond a 
period of 4 years.  
 
(7) No measure contemplated in subsection (5) may be imposed in the case of threat of serious 
injury.  
104. Suspension of safeguard measures  
Where, on the recommendation of the Authority, the Minister so approves, any measure 
imposed under this Part may be susp ended for a specified period where - 
 
(a) there is a temporary change in market conditions ; and 
 
(b) it is determined that the continued application of the measure is not in the public 
interest.  
105. Application of safeguard measures  
Provisional and defini tive safeguard measures shall apply only to products which have entered into 
Mauritius for consumption on or after the date of publication of an affirmative preliminary or final 
determination in an investigation or review conducted under this Act.  
106. Definitive collection of provisional safeguard duties  
Where a definitive safeguard measure is imposed, regardless of the form or level thereof, any 
provisional safeguard duty shall be collected definitively.  
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  PART XVI - DURATION AND REVIEW OF ANTI -DUMPING  
COUNTERVAILING MEASURES  
107. Sunset review  
(1) Subject to subsection (2), an anti -dumping or a countervailing duty shall remain in force as 
long as and to the extent necessary to counteract the dumping or subsidisation which is causing 
injury.  
 
(2) (a) Any definitive anti -dumping or countervailing duty shall be terminated not later than 
5 years from the date of - 
 
(i) the imposition of the anti -dumping or countervailing duty ; or 
 
(ii) the most recent review under subsection (3) or section 108.  
 
(b) The Autho rity shall, not less than 90 days before the date of expiry of an anti -dumping 
or countervailing duty, give public notice of the impending expiry of the duty.  
 
(3) (a) A sunset review may be initiated before the date of expiry of an anti -dumping or 
countervailing duty on the initiative of the Authority with the concurrence of the Minister or on a 
duly substantiated request made by or on behalf of the domestic industry.  
 
(b) An anti -dumping or countervailing duty  may remain in force pending the outcom e of a 
review under paragraph (a).  
 
(4) A review under subsection (3) shall be completed within 12 months of the date of its initiation, 
failing which both the review and the anti -dumping or countervailing measure shall be terminated.  
108. Review for chang e of circumstances  
(1) The Authority may, subject to the concurrence of the Minister, conduct a review and make a 
determination under this section.  
 
(2) In conducting a review under this section, the Authority shall - 
 
(a) consider the need for the continued imposition of an anti -dumping or countervailing 
duty, on its own initiative or, provided that a reasonable period of time has elapsed 
since the imposition of the definitive duty, upon a written request submitted by any 
interested party ; and 
 
(b) upon request from any interested party, examine whether - 
 
(i) the continued imposition of the anti -dumping or countervailing duty is necessary 
to offset dumping or subsidisation;  
 
(ii) the injury would be likely to continue or recur if the anti -dumping or 
countervailing duty were removed or  varied ; or 
 
(iii) the level and scope of the anti -dumping or countervailing duty is sufficient to 
provide the domestic industry with protection against dumped or subsidised 
imports.  
 
(3) Where as a result of a review under this section, the Authority determines that the anti -
dumping or countervailing measure is no longer warranted, it shall forthwith be terminated.  
 
(4) A review under this section shall be completed within 12 months of the date of initiation of 
the rev iew, failing which the review shall be terminated and the measure shall - 
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  (a) lapse, in the case of reviews under subsections (2)(b)(i) and (ii);  
 
(b) remain unchanged, in the case of reviews under subsection 2(b)(iii).  
109. New shipper review  
(1) Where a product is subject to anti -dumping or countervailing duties, the Authority shall 
promptly carry out a review for the purpose of determining individual margins of dumping or subsidy 
for any exporters or producers in the exporting country that have n ot exported the product to 
Mauritius during the period of investigation, provided that these exporters or producers can show 
that they are not related to any of the exporters or producers in the exporting country that are 
subject to the anti -dumping or cou ntervailing duties on the product.  
 
(2) A review under this section shall be concluded within the least possible time and in any event, 
not later than 270 days from initiation.  
 
(3) During a review under this section, no anti -dumping or countervailing duty  shall be levied on 
imports from exporters or producers to which subsection (1) applies.  
 
(4) The Authority shall give public notice of a new shipper review under this section.  
PART XVII - DURATION AND REVIEW  
OF SAFEGUARD MEASURES  
110. Duration of safeguar d measures  
(1) A safeguard measure shall not be imposed for an initial period exceeding 4 years, which shall 
include the duration of any provisional safeguard duty that was imposed.  
 
(2) Subject to section 112, the Minister may extend the period under subs ection (1).  
 
(3) The total period of application of a safeguard measure including the period of application of a 
provisional measure, the period of initial application and any extension shall not exceed 10 years.  
 
(4) In order to facilitate adjustment in a  situation where the expected duration of a safeguard 
measure exceeds one year, the measure shall be progressively liberalised at regular intervals during 
the period of application.  
 
(5) A measure extended under subsection (2) shall not be more restrictive  than it was at the end 
of the initial period, and, where appropriate, shall continue to be liberalised in accordance with 
subsection (4).  
111. Mid-term review  
If the duration of the safeguard measure, or any extension thereof under section 110(2), exceeds 3 
years, the Authority shall review the measure not later than at its mid -term and, where appropriate, 
the Authority shall recommend to the Minister the withdrawal of the measure or an increase in the 
pace of its liberalisation.  
112. Extension revi ew 
The period specified in section 110(1) may be extended, provided that - 
 
(a) the Authority has determined in a review finalised before the lapse of a safeguard 
measure that the measure continues to be necessary to prevent or remedy serious 
injury;  
 
(b) there is evidence that the industry is adjusting;  
 
(c) section 114 is complied with;  
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  (d) appropriate consultations are held ; and 
 
(e) appropriate WTO notification procedures are followed.  
113. Reapplication of safeguard measure  
(1) No safeguard measure sh all be applied again to the import of a product which has been subject 
to such a measure, taken after the date of entry into force of the WTO Agreement, for a period of 
time equal to half of that during which such measure had been previously applied, provi ded that the 
period of  non-application is at least 2 years.  
 
(2) Notwithstanding subsection (1), a safeguard measure with a duration of 180 days or less may 
be applied again to the import of a product if - 
 
(a) at least one year has elapsed since the date of introduction of a safeguard measure on 
the import of that product ; and 
 
(b) such a safeguard measure has not been applied on the same product more than twice 
in the 5 -year period immediately preceding the date of introduction of the measure.  
114. Level of concessions and other obligations  
(1) Where Mauritius prop oses to apply a safeguard measure or seek an extension of a safeguard 
measure, it shall endeavour to maintain a substantially equivalent level of concessions and other 
obligations to that existing under G ATT 1994  between it and the exporting countries that  would be 
affected by such a measure.  
 
(2) Mauritius may, in order to achieve the objective under subsection (1), agree with affected 
exporting countries on any adequate means of trade compensation for the adverse effects of the 
measure on their trade.  
PART XVIII - MISCELLANEOUS  
115. Judicial review  
(1) Any party that is dissatisfied with a final decision of the Minister or Authority may apply to the 
Supreme Court for a judicial review of the decision.  
 
(2) An application for judicial review under this sect ion shall not operate as a stay of a final 
decision of the Minister or Authority.  
116. Offences  
(1) Any person who, for the purposes of this Act, furnishes to the Authority any information which 
is false or misleading in a material particular, shall commit  an offence and shall, on conviction, be 
liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2 years.  
 
(2) Any person who commits an offence under this Act or any regulations made under this Act 
shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term 
not exceeding 2 years.  
117. Regulations  
(1) The Minister may, after consultation with the Authority, make such regulations as he thinks 
fit for the purposes of this Act.  
 
(2) Any regulations made under subsection (1) may provide for - 
 
(a) prescribing anything which is required to be prescribed;  
 
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  (c) the taking of fees and the levying of charges.  
118. Repeal  
The Trade (Anti -Dumping and Countervailing Measures) Act is repealed.  
119. Consequential amendments  
(1) The Customs Act is amended, in section 23(1), by inserting after paragraph (b), the following 
new paragraph - 
 
(ba) it has been determined under section 95(1) of the Tr ade (Anti -Dumping, Countervailing 
and Safeguard Measures) Act 2022 that the dumping margin or the actual rate of 
subsidisation on the basis of which duties were paid has been eliminated or reduced to 
a level which is below the level of the duty in force;  
 
(2) The Customs Tariff Act is amended, in section 4, by adding the following new paragraph, the 
full stop at the end of paragraph (f) being deleted and being replaced by a semicolon - 
 
(g) impose on any goods, any anti -dumping, countervailing or safeguard measure in 
addition to the duties specified in the First Schedule, where the Minister responsible for 
the subject of international trade has determined that such anti -dumping, countervailing 
or safeguard measure ought to be imposed on these goods under the  Trade (Anti -
Dumping, Countervailing and Safeguard Measures) Act 2022.  
120. Commencement  
(1) Subject to subsection (2), this Act shall come into operation on a date to be fixed by 
Proclamation.  
 
(2) Different dates may be fixed for the coming into operation of different sections of this 
Act. 
 
Passed by the National Assembly on the twenty ninth day of November two thousand and 
twenty two.  
 
 Bibi Safeena Lotun (Mrs)  
 Clerk of the National Assembly  
 
__________  