Cap. 159 Art. 19Ascertainment of fair market price.

(1) The fair market price of any goods in a country shall for the purpose of this Part of this Ordinance be determined as provided in the following provisions of this article.

(2) Subject to the next following subarticle, the fair market price shall be taken to be the price at which goods of the description in question (that is to say, any identical or comparable goods) are being sold in the ordinary course of trade in the said country for consumption or use there, but subject to any necessary adjustments, whether for differences in conditions and terms of sale, for differences in taxation or otherwise, which may be required for the purpose of ensuring that the comparison between the fair market price and the export price is effectively a comparison between the prices on two similar sales.

(3) If it appears to the Minister responsible for industry, after consultation with the Corporation, that goods of that description are not being sold in the said country, or not in such circumstances that the fair market price can be determined in accordance with subarticle (2), the fair market price shall be determined by the Minister responsible for industry, after consultation with the Corporation, by reference to any price obtained for goods of that description when exported from the said country, with adjustments made for the purpose mentioned in subarticle (2), or, if the Minister responsible for industry thinks fit, by reference to the cost or estimated cost of production of the goods the dumping of which is in question, with such additions in respect of selling cost and profit as may appear to the Minister responsible for industry to be proper.

(4) No account shall be taken under this article of any 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.

(b) if some stage in the production of the goods was carried out in that country and the cost of carrying out such stages, if any, in the production of the goods as were carried out after those goods last left that country

(but before the import of the goods into Malta) was less than twenty-five per cent of the cost of production of the goods as so imported; or

(c) if some stage in the production of any components or materials incorporated in the goods was carried out in that country and the cost of carrying out such stages in production as were carried out after those components or materials last left that country to convert those components or materials into the goods as imported into Malta was less than twenty-five per cent of the cost of production of the goods as so imported.

(2) Where the export price of any goods from the country in which they originated is in question and some stage in the production of the goods, or of any components or materials incorporated in the goods, was carried out after they last left that country, the deductions to be made by the Minister responsible for industry in the price by reference to which the export price is to be ascertained shall include a deduction for the cost of carrying out any such stage in the production of the goods and in the production of any components or materials incorporated in the goods; and the fair market price shall be the fair market price of those goods or, as the case may be, of those components or materials, in the state in which they left that country.

(3) Any reference in this Part of this Ordinance to the country in which goods originated shall be taken, in a case where there are two or more countries which answer to that description, as a reference to any of those countries.

(4) The President of Malta may, after consultation with the Corporation, make rules prescribing for the purposes of this Part of this Ordinance -

(a) the costs, charges and expenses to be taken into account in ascertaining costs of production or the cost of any stage in production;

(b) the manner in which cost of production is to be ascertained in cases where different stages are carried out by different persons;

(c) the manner in which the cost of different stages of production is to be ascertained.

Ordinance shall be granted unless the Minister responsible for industry, after consultation with the Corporation, is satisfied that -

(a) the industrial undertaking in respect of which such aid is applied for is likely to create employment in Malta or to increase the national product;

(b) such aid is advisable in order to secure the establishment and initial operation, expansion or development of that undertaking; and

(c) there are good prospects of such undertaking ultimately being carried on without further aid.