Implementation of Safeguard, Anti-Dumping and Countervailing Act 2076 (2019)

 

Safeguard, Anti-dumping and Countervailing Act 2076 (2019) ("SACA") received the Presidential assent on Ashwin 27, 2019 (October 14, 2019 and came into force on Poush 27, 2076 (January 12, 2020). SACA aims to protect domestic industries from material injury caused by unanticipated and unusual surge in import of foreign goods, import of goods at a price lower than normal value or import of subsidized goods.

Major provisions of SACA include:

  • The Government of Nepal ("GON") is empowered to impose safeguard measures, anti-dumping duties or countervailing duties, as applicable, if upon investigation by the Ministry of Industries, Commerce and Supply Management ("Ministry"), it is found that domestic industries producing identical, similar or directly competing goods have suffered material injury or are likely to suffer serious material injury due to unanticipated and unusual surge in import of foreign goods, import of goods at a price lower than normal value or import of subsidized goods.
     
  • Domestic manufacturers representing at least 25 percent of the total domestic production of similar or identical products in question may file an application at the designated Department of the Ministry seeking to conduct an investigation which must be seconded by domestic manufacturers representing at least 50 percent of the total domestic production of the similar or identical product.
     
  • Interim safeguard measures, anti-dumping or countervailing duties can be imposed during an investigation if it is deemed necessary.
     

The GON is now in the process of formulating the Safeguard, Anti-dumping and Countervailing Regulation.

Nepali version of SACA can be downloaded by clicking here