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1. The Salient Features of the Anti-Dumping &
Countervailing Duties Act, No. 2 of 2018 of Sri Lanka
Rajitha Perera, LL.B, LL.M (Colombo).
Senior State Counsel - Attorney General’s Department of Sri Lanka*
ABSTRACT
The Anti-Dumping & Countervailing Duties Act, No. 2 of 2018 and the Safeguard
Measures Act, No. 3 of 2018 were certified by the Speaker of the Sri Lankan Parliament
in March 2018. The enactment of these two laws was to remedy a long felt need to
answer the grievances of the domestic produces and manufacturers. It has taken
Sri Lanka fairly a long time to introduce the relevant legislation as stated in the official
statement issued by the Ministry of Industry and Commerce on the occasion.
This article proceeds to consider some of the salient features the Anti-Dumping &
Countervailing Duties Act, No. 2 of 2018 (the Anti-Dumping Act of 2018 Act) namely:
(1) Part I of the Anti-Duping Act of 2018 on Anti-Dumping Duties, (2) the procedural
steps in relation to the investigations under Part I on Anti-Dumping (3) Part II of the
Anti-Duping Act of 2018 Act on Countervailing Duties, and (4) the procedural steps in
relation to the investigations under Part II on Countervailing Duties.
The Anti-Dumping Act of 2018 contains significant noteworthy features. Firstly, the act
attempts to strike a balance between competing interests. The Right to Information on
one hand and the economic value of sensitive trade related information on the other.
Secondly, the Act specifies timeframes for the inquiries and related procedural steps
recognizing the importance of resolving trade related disputes in an effective, efficient
and efficacious manner. Thirdly the Act lays down a systematic procedure with a view
to ensure a fair opportunity be given to all parties with provision for public interest
intervention.
In terms of methodology, this article strictly adopts a doctrinal approach; doctrinal since
the article proceeds to engage in an analysis of the law as it is in relation to the four
areas identified above.

2. The enactment of these two laws will significantly improve the country’s standing in
global trade and Sri Lanka will join the league of World Trade Organization - WTO
members who keenly look to offset possible adverse impacts on their domestic
industries from trade liberalization processes.
However both the laws are yet to be made operational. The laws on paper appear to be
comprehensive. Yet the levels of effectiveness can be evaluated only when the Act
stands the test of time.
Despite the laws being passed in March 2018, it is unfortunate that the same is yet to be
made operations even in May 2020 the date of this abstract.
The reason/s for the delay in making the law operational is unclear. Section 84(1) of the
Anti-Dumping Act authorizes the Minister to make regulations in respect of all matters
required by the Act; the delay may be attributable to the formulation of the regulations.
It may also be due to the setting up of Infrastructure to facilitate the holding of
inquiries, arming the officials with necessary expertise for the successful
implementation of the act or the contemplation of changes in policy and the
introduction of further amendments.
Sri Lanka recently entered into a Free Trade Agreement with Singapore commonly
known as the SLSFTA. It is public knowledge that several similar agreements are being
negotiated especially with China. In the above circumstances, it would be very
beneficial and significance to have the Anti-Dumping Law in operation in order to
protect domestic industries and produces.
It is needless to state that the implementation of this law is an urgent requirement.
Any delays will only contribute to the already staggering period Sri Lanka has taken
just to get the act together and enact the legislation.
Key Words
Intellectual Property Law;
Anti-Dumping Duties;
Safe Guard Measures;
Countervailing Duties;
Sri Lanka;

3. * Disclaimer
The views and opinions expressed in this Abstract and the Article are strictly of the
author and it does not reflect the official policy or position of any agency or that of the
Government.
Rajitha Perera
For Correspondence: rajitha999@yahoo.com