Cap. 159 чл. 13Cases where customs duties may be imposed.

(1) Where it appears to the President of Malta, after consultation with the Corporation -

(a) that goods of any description are being or have been imported into Malta in circumstances in which they are under the provisions of this Part of this Ordinance to be regarded as having been dumped, or

(b) that some Government or other authority outside Malta has been giving a subsidy affecting goods of any description which are being or have been imported into Malta, and that, having regard to all the circumstances, it would be in the national interest, the President of Malta may, after consultation with the Corporation, exercise the power conferred on him by this Part of this Ordinance to impose and vary duties of customs in such manner as he thinks necessary to meet the dumping or the giving of the subsidy:

Provided that, where the President of Malta is not satisfied that the effect of the dumping or of the giving of the subsidy is such as to cause or threaten material injury to an established industry in Malta or is such as to retard materially the establishment of an industry in Malta, the President of Malta shall not exercise that power if it appears to him that to do so would conflict with the obligations of the Government of Malta under the provisions for the time being in force of the General Agreement on Tariffs and Trade concluded at Geneva in 1947.

(2) For the purposes of this Part of this Ordinance imported goods shall be regarded as having been dumped -

(a) if the export price from the country in which the goods originated is less than the fair market price of the

(i) if the export price from the country in which the goods originated is less than the fair market price of those goods in that country, or

(ii) if the export price from the country from which the goods were so exported is less than the fair market price of those goods in that country.

(3) References in this Part of this Ordinance to giving a subsidy are references to giving, directly or indirectly, a bounty or subsidy on the production or export of goods (whether by grant, loan, tax relief or in any other way and whether related directly to the goods themselves, to materials of the goods or to something else), and include -

(a) the giving of any special subsidy on the transport of a particular product; and

(b) the giving of favourable treatment to producers or exporters in the course of administering any governmental control over the exchange of currencies where such treatment has the effect of assisting a reduction of the prices of goods offered for export, but do not include the application of restrictions or charges on the export of materials from any country so as to favour producers in that country who use those materials in goods produced by them.