§ LORD BROUGHAM AND VAUXasked Her Majesty's Government:
What wording of the Customs Duties (Dumping and Subsidies) Act 1969 authorises the Department of Trade and Industry to propose a charge to duty on a fertiliser imported from a country which is a signatory to the General Agreement on Tariffs and Trade when the imports do not cause, and are unlikely to cause, any injury to the United Kingdom industry unless the quantities involved are aggregated with imports from other countries.
§ LORD DRUMALBYNSection 8(5)(a) of the Act specifies, in relation to goods imported from a country which is a signatory of the General Agreement on Tariffs and Trade, that an order imposing a provisional charge shall not be made unless the facts so far before the Department indicate that the effect of the dumping or of the giving of the subsidy is such as to cause or threaten material injury to a United Kingdom industry. This applies whether the dumping is from one or more than one country.
§ LORD BROUGHAM AND VAUXasked Her Majesty's Government:
Whether they are aware of the inequitable position which arises, or 632WA would arise, when or if a fertiliser from a particular country being a signatory to the General Agreement on Tariffs and Trade is subjected to a provisional charge to duty for a reason or reasons which may be beyond the knowledge or control of the producers in that country.
§ LORD DRUMALBYNI am not aware of any inequitable position arising or likely to arise since. While producers may not necessarily know whether the effect of their dumping is such as to cause or threaten material injury to an industry in the importing country, they are not likely to be unaware that they are dumping, which generally means exporting at prices lower than those of comparable sales by the producer on his domestic market.