Finance Act 1978

6 Anti-dumping measures on ECSC products

(1) In relation to any product covered by the ECSC treaty, the Secretary of State may by order make such provision as appears to him to be appropriate for the purpose of giving effect to any Recommendation or other Community obligation arising under that treaty and relating to the imposition, amendment, suspension, revocation or annulment of anti-dumping measures, that is to say, measures for affording protection against dumping or the granting of bounties or subsidies by countries which are not members of the Coal and Steel Community.

(2) Without prejudice to the generality of the power conferred by subsection (1) above, so far as may be necessary for giving effect to a Community obligation, an order under that subsection may, in circumstances specified in the order,—

(a) require the provision of security of an amount determined under the order by way of provisional duty ;

(b) provide for the collection of the whole or a particular proportion of any amount so secured ;

(c) charge a duty of customs ; and

(d) make provisions of the order applicable to goods imported into the United Kingdom or another member State before the order comes into force;

and the power to make an order under that subsection includes power to vary or revoke an order previously made in the exercise of that power and shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

(3) Where the application or amount of any charge imposed by an order under subsection (1) above depends on some factor other than the country of origin, the Commissioners may require the importer of any goods to state such facts as they may think necessary in order to determine the duty chargeable on those goods; and if any facts so required are not stated, the duty chargeable shall be determined on the basis that the facts are such as the Commissioners may determine.

(4) Section 9 of the [1961 c. 36.] Finance Act 1961 (the regulator) shall not apply to any duty chargeable on goods by virtue of subsection (1) above, and any such duty shall be in addition to any other duty of customs for the time being chargeable on those goods.

(5) Subject to subsections (6) and (7) below, after the passing of this Act, the powers conferred on the Secretary of State by the [1969 c. 16.] Customs Duties (Dumping and Subsidies) Act 1969 (in the following provisions of this section referred to as " the 1969 Act") shall not be exercisable except in relation to products covered by the ECSC Treaty and then only in cases where the imposition of a duty under that Act to protect an industry within the United Kingdom is compatible with Community obligations ; and, to the limited extent that it remains operative by virtue of this subsection, the 1969 Act shall have effect—

(a) subject to the amendments in Schedule 1 to this Act; and

(b) subject to such amendments as the Secretary of State may specify by order made by statutory instrument, being amendments which appear to him to be necessary or desirable to take account of any international agreement to which the United Kingdom is a party.

(6) No order shall be made under subsection (5) above unless a draft of it has been laid before Parliament and approved by a resolution of each House, and the power to make such an order—

(a) does not extend to the provisions of sections 1(1) and (3), 7(1), 8, 9(1) and (2) and 10 of the 1969 Act (which relate to the charge and levy of duty); and

(b) is without prejudice to the power to make amendments of enactments under section 2 (2) of the [1972 c. 68.] European Communities Act 1972 (for the purpose of implementing Community obligations).

(7) Nothing in subsection (5) above shall affect—

(a) the continued operation of any order made under the 1969 Act which is in force at the passing of this Act (notwithstanding that it may relate to goods which are not products covered by the ECSC Treaty); or

(b) the exercise, in relation to any such order as is referred to in paragraph (a) above, of any power conferred by section 10(3) or section 15(4) of the 1969 Act to vary or remove a duty having effect by virtue of the order or to vary or revoke the order itself.

(8) After subsection (6) of section 5 of the [1972 c. 68.] European Communities Act 1972 (power to make provision by regulations as regards reliefs from import duties) there shall be inserted the following subsection—

“(6A) The reference in subsection (6) above to import duties includes a reference—

(a) to duties charged by an order under subsection (1) of section 6 of the Finance Act 1978; and

(b) to duties under the Customs Duties (Dumping and Subsidies) Act 1969, as that Act has effect by virtue of subsection (5) of that section”;

and any reference to import duties in regulations made under the said subsection (6) before as well as after the passing of this Act shall be construed accordingly.

(9) So much of Part I of Schedule 3 to the European Communities Act 1972 as provides for the repeal of the 1969 Act from a date to be appointed by the Secretary of State shall cease to have effect.