Anti-dumping duties not normally applicable to goods entered under Schedule No. 3 or 4.
56. (1) An anti-dumping duty imposed under section 55 shall not apply to any goods entered under any item specified in Schedule No. 3 or 4 unless such item is specified in
Schedule No. 2 in respect of such goods.
(1bis) The Minister may, in respect of any class or kind of imported goods on which a
provisional charge has been imposed under section 57bis amend Schedule No. 2 —
(a) with effect from the date from which that provisional charge has been imposed;
(b) with effect from a date not more than three months prior to the date with effect
from which that provisional charge has been imposed if he is satisfied that —
(i) such goods have been repeatedly dumped, as contemplated in subsection (2), and have caused material injury to an established industry in
Swaziland; or
(ii) the importer should have been aware that the exporter is so dumping and
that such dumping would cause such injury and the Minister is of the
opinion that the dumping operates to such an extent in such quantities
and for such short period that in order to prevent such dumping, he
deems it necessary so to amend Schedule No. 2.
(Added A.4/1979.)
(2) (b)
(iii) the highest comparable price for identical or comparable goods when
exported from any other territory to Swaziland in the ordinary course of
trade; Amended A.11/1988)
(7) The provisions of section 47 shall mutatis mutandis apply in respect of any amendment made under subsection (1) or (ibis) of this section. (Repealed A.11/1988; added
A.5/1991.)
Exclusion of certain goods from payment of anti-dumping duty.
57. Notwithstanding section 55, the Commissioner may, subject to such conditions as he
may impose in each case, exempt from payment of any anti-dumping duty, genuine trade
samples, replacement parts proved to his satisfaction to have been imported in such circumstances that locally manufactured parts of the same class or kind cannot reasonably be used
and that such imported parts are not intended for trade purposes, or any other goods which
are imported in such circumstances or in such quantities that the import of such goods does
not, in his opinion, constitute regular import of such goods for trade purposes.
57bis
(1) If the Minister is satisfied before any anti-dumping duty is imposed under section 56 that the requirements of section 56(1)(a), (b) and (c) are met in respect of any class
or kind of imported goods, he may by notice in the Gazette impose a provisional charge in
relation to anti-dumping duty on imported goods of that class or kind for a period not exceed-