Anti-Dumping and Countervailing Duty Law

反倾销与反补贴法

ກົດໝາຍ ວ່າດ້ວຍການຕອບໂຕ້ ການທຸ່ມຕະຫຼາດ ແລະ ການຊ່ວຍໜູນ ຂອງປະເທດຜູ້ສົ່ງອອກ

Summary

This Law provides for anti-dumping and countervailing measures, aiming to protect domestic industries from injury caused by dumped and subsidized imports. It applies to the investigation, determination, and imposition of corresponding measures on imported products, clarifying relevant definitions and procedures to uphold fair trade order.

Articles

Article 1

Article 1 Objectives
This law determines principles, regulations and measures on the management,
monitoring [and] and inspection on anti-dumping and countervailing activities in order to
protect a domestic industry affected by unfair trade, with the aim to ensure the
improvement of domestic industry, strengthening and maintaining its growth, and
competitiveness with imported products thereby contributing to the national socio-
economic development.

Article 2

Article 2 Anti-Dumping and Countervailing Measures
Dumping is an export of product to Lao PDR for commercial purposes where the
export price is less than the normal value of like products selling in the domestic market of
exporting country.
Subsidy is a financial contribution or any support by a goverment or any public body
of an exporting country to any enterprise for commercial purposes.
Anti-dumping and countervailing measures are the application of tariff measures for
a certain period of time in order to counter unfair competition from dumping and subsidy
which caused an injury to domestic industry.

Article 3

Article 3 Definitions
The terms as used in this law have the following meanings:
1.
Domestic industry refers to all Lao or foreign individuals or entities in Lao PDR
who produce like industrial and agricultural products similar to imported products, which
their collective output constitutes a significant proportion of the total domestic output of
these products.;
2.
Like products refer to products that are identical or similar characteristics to the
products that are manufactured in Lao PDR;
3.
Investigated products refer to the allegedly dumped or subsidized products;
4.
Exporting country refers to a country exporting the allegedly dumped or
subsidized products to Lao PDR;
5.
Exporter refers to a foreign exporter exporting products to Lao PDR;
6.
Interested party refers to a producer, exporter, or importer, and the
governments of exporting countries of dumped or subsidized products, or to groups,
associations, or organizations that, through representation, protect the interests of the
domestic industry;
Authentic in Lao Only
7.
Third party refers to a person or entity involved in the import or export of the
investigated products;
8.
Material injury refers to an injury caused from serious effect of import of
dumped or subsidized products to a domestic industry;
9.
A threat of material injury refers to a serious and imminent injury that is likely
to happen to a domestic industry;
10. Material retardation of the establishment of a domestic industry refers to
serious effect to domestic enterprises in establishment or operating business in Lao PDR;
11. Weighted average refers to the price calculated from a summation of the
product price multiplied by product volume and divided by a sum of the product volume;
12. Tariff measures refer to placing a security by cash deposit in accordance with
calculated tax rates or increasing in tariff rates on dumped or subsidized products;
13. Supporter refers to domestic producer of the like product that expresses support
for the undertaking of investigation of injury from dumping and subsidization of exporting
country;
14. Opposer refers to domestic producer of the like product that expresses
opposition to the undertaking of investigation of injury from dumping and subsidization of
exporting country;
15. Neutral refers to domestic producer of the like product that does not express
either support for or opposition to the undertaking of investigation of injury from dumping
and subsidization of exporting country;
16. Market share refers to portion of sales volume of a product compared to total
sales of the same product within the market;
17. Productivity refers to the efficiency production of domestic industry.

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