Legal Framework

Established pursuant to the Customs Duties (Dumping and Subsidies) Act of 1999 (the “CDDSA” or the “1999 Act”) to investigate cases of dumping and improper subsidisation of imported goods, and to impose remedies in the form of anti-dumping and countervailing duties to protect local interests.

In 2001, the Safeguard Act 2001 was passed and administration of this Act was added to the mandate of the Commission; allows for the imposition of measures to defend domestic industries from the detrimental effects of increases in imports in certain circumstances which constitute the threat of serious injury or threat to the domestic industry. This enables, under prescribed circumstances, the determination of a period of application of a tariff or quota regime to allow a particular local industry to become competitive.

Collectively, the redress available through the legal framework administered by the Commission is known as “Trade Remedies.”

Five (5) Commissioners, bringing skills and knowledge of the Jamaican and international business environment, commercial and international trade law, international and local labour issues and international business and finance, appointed by the Minister for a renewable term of up to three (3) years, independently adjudicate trade remedies cases. Investigations are marshalled by the staff of the Secretariat of the Commission.

Legislation

As was anticipated in its projections for the current year, the Commission is currently working through a new draft bill received from the Office of the Chief Parliamentary Counsel pursuant to the Commission’s drafting instructions. The new legislation presents forms an important part of MITEC’s legislative programme for the current and upcoming year and will take up necessary amendments to the main piece of legislation under which the Commission operates, the Customs Duties (Dumping and Subsidies) Act.

As a result of its importance to the international trading environment in Jamaica, the Commission succeeded in obtaining supplementary funding from external sources to continue its growth as a Centre of Excellence in international trade matters touching its mandate.