§ LORD BROUGHAM AND VAUXasked Her Majesty's Government:
What is the authority for the construction which appears to be being put by the Department of Trade and Industry upon certain sections of the Customs Duties (Dumping and Subsidies) Act 1969; namely Section (1)(4)(a) and Section 8(5)(a) (which refer, and only refer, to " the dumping " or " giving of the subsidy " with regard to, and only with regard to, the goods imported from the GATT country under consideration) as meaning that the combined efforts of the dumping (if any) from all other countries may be taken into consideration in order to determine whether the effect of the import of the goods from the GATT country in question cause or threaten to cause material injury to an established industry within the United Kingdom, whereas the imports from the GATT country in question when considered by themselves, as required by the aforesaid mentioned sections, may not have the effect of causing or threatening to cause material injury to the established industry; and whether this construction of the aforesaid sections may not give rise to injustice, in view of the fact that the importers from, and the producers in, the GATT country in question cannot be held responsible 204WA for the effects of importations from other countries.
§ LORD DRUMALBYNThe Department of Trade and Industry has construed Sections 1 and 8 of the Customs Duties (Dumping and Subsidies) Act 1969 in the light of the legal advice given to the Department. The assessment in the aggregate of dumped imports from all countries avoids anomalies and injustices that might otherwise occur. It would plainly be wrong if dumped imports could be subjected to duties or charges if they were imported from a single country, but not if a similar quantity were imported from a number of different countries where the effect of the dumped imports from each country taken individually were not sufficient to cause or threaten material injury but the combined effect was.