Finance Act 1978
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Change 1
SCHEDULE 1
1 In section 1 (charge of anti-dumping duties) in subsection (5) (description of goods chargeable with dutyy : limitation by reference to persons by whom goods are produced) after the word “produced” there shall be inserted the words “ or supplied ” and after the word “production” there shall be inserted the words “ or supply ”. 2 In section 2 (relief where margin of dumping lower than duty) in subsection (4) (period within which application for relief is to be made) for the words “six months” there shall be substituted the words “ three months ”. 3 In section 3 (ascertainment of export price from country of origin) in subsection (1) (rules where goods are wholly produced in country of origin) for the words from “if” to “shall” there shall be substituted the words “ shall, subject to subsection 5(3) below ”. 4 (1) In section (4) ascertainment of fair market price in country of origin) in subsection (1) (rules where goods are wholly produced in country of origin) for the words from “if” to “shall” there shall be substituted the words “ shall, subject to section 5(3) below ”. (2) In subsection (3) of that section (cases in which the ordinary rule for ascertainment of the fair market price does not apply) after the word “can” there shall be inserted the word “ appropriately ”. (3) In subsection (4) of that section (ascertainment of fair market price where goods are subject to a government trading monopoly) for the words from “either” to the end of the subsection there shall be substituted the words with subsection (2) above, the fair market price shall be determined by the Secretary of State— (a) in accordance with subsection (3) above, or (b) by reference to such other price as he considers appropriate (making any necessary adjustments to ensure comparability), according as the Secretary of State considers appropriate. 5 (1) In section 5 (meaning of country of origin) in subsection (1) for the words from “in relation” to the end of the subsection there shall be substituted the words “ shall be determined in accordance with the rules on the common definition of the concept of origin which are for the time being applicable in accordance with any Community instrument for the purposes of the uniform application of the Common Customs Tariff ”. (2) Subsection (2) of that section shall be omitted. (3) In subsection (3) of that section— (a) for the words “under subsection (2)” there shall be substituted the words “ in accordance with subsection (1) ” ; (b) after the word “then” there shall be inserted the words “ for the purpose of determining in accordance with section 3 or section 4 above ” ; and (c) the words from “shall be determined” to “except that” shall be omitted. 6 In section 6 (determination of export price and fair market price in country of exportation) for the words “in thec ase oof goods wholly produced in one country” there shall be substituted the words “ in a case where section 5(3) above does not apply ”. 7 In section 10 (additional provisions as to duties and reliefs) subsections (2) and (5) shall be omitted. 8 Section 11 (drawback on exportations) and section 12 (other reliefs relating to exportations) shall be omitted. 9 In section 13 (construction of references to production of goods etc.) in subsection (1) the words “growing or” shall be omitted. 10 In section 14 (power to require information from importers) subsections (1) and (3) shall be omitted.
SCHEDULE 1
1 In section 1 (charge of anti-dumping duties) in subsection (5) (description of goods chargeable with dutyy : limitation by reference to persons by whom goods are produced) after the word “produced” there shall be inserted the words “ or supplied ” and after the word “production” there shall be inserted the words “ or supply ”. 2 In section 2 (relief where margin of dumping lower than duty) in subsection (4) (period within which application for relief is to be made) for the words “six months” there shall be substituted the words “ three months ”. 3 In section 3 (ascertainment of export price from country of origin) in subsection (1) (rules where goods are wholly produced in country of origin) for the words from “if” to “shall” there shall be substituted the words “ shall, subject to subsection 5(3) below ”. 4 (1) In section (4) ascertainment of fair market price in country of origin) in subsection (1) (rules where goods are wholly produced in country of origin) for the words from “if” to “shall” there shall be substituted the words “ shall, subject to section 5(3) below ”. (2) In subsection (3) of that section (cases in which the ordinary rule for ascertainment of the fair market price does not apply) after the word “can” there shall be inserted the word “ appropriately ”. (3) In subsection (4) of that section (ascertainment of fair market price where goods are subject to a government trading monopoly) for the words from “either” to the end of the subsection there shall be substituted the words with subsection (2) above, the fair market price shall be determined by the Secretary of State— (a) in accordance with subsection (3) above, or (b) by reference to such other price as he considers appropriate (making any necessary adjustments to ensure comparability), according as the Secretary of State considers appropriate. 5 (1) In section 5 (meaning of country of origin) in subsection (1) for the words from “in relation” to the end of the subsection there shall be substituted the words “ shall be determined in accordance with the rules on the common definition of the concept of origin which are for the time being applicable in accordance with any Community instrument for the purposes of the uniform application of the Common Customs Tariff ”. (2) Subsection (2) of that section shall be omitted. (3) In subsection (3) of that section— (a) for the words “under subsection (2)” there shall be substituted the words “ in accordance with subsection (1) ” ; (b) after the word “then” there shall be inserted the words “ for the purpose of determining in accordance with section 3 or section 4 above ” ; and (c) the words from “shall be determined” to “except that” shall be omitted. 6 In section 6 (determination of export price and fair market price in country of exportation) for the words “in thec ase oof goods wholly produced in one country” there shall be substituted the words “ in a case where section 5(3) above does not apply ”. 7 In section 10 (additional provisions as to duties and reliefs) subsections (2) and (5) shall be omitted. 8 Section 11 (drawback on exportations) and section 12 (other reliefs relating to exportations) shall be omitted. 9 In section 13 (construction of references to production of goods etc.) in subsection (1) the words “growing or” shall be omitted. 10 In section 14 (power to require information from importers) subsections (1) and (3) shall be omitted.
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