materially retards the establishment of a domestic industry therein or frustrates
the benefits expected from the removal or absence of duties and quantitative
restrictions of trade between the Partner States.
2.
The Secretariat shall notify the World Trade Organisation on the antidumping measures taken by the Partner States.
3.
The implementation of this Part of the Protocol shall be in accordance
with the East African Community Customs Union (Anti Dumping Measures)
Regulations, specified in Annex IV to this Protocol.
4.
For purposes of this Article, the term "domestic industry" shall be
interpreted as referring to the domestic producers as a whole of the like
products or to those of them whose collective output of the products constitutes
a major proportion of the total domestic production of those products, except
that:
(a) when producers are related to the exporters or importers or are
themselves importers of the allegedly dumped product, the term
"domestic industry" may be interpreted as referring to the rest of the
producers;
(b) in exceptional circumstances, the territory of the Partner States
may, for the production in question, be divided into two or more
competitive markets and the producers within each market may be
regarded as a separate industry where:
(i)
the producers within that market sell all or most of their
production of the product in question in that market; and
(ii)
the demand in that market is not to any substantial degree
supplied by producers of the product in question located
elsewhere in the territory.
(c) In the circumstances referred to in sub-paragraph (b) of this
Article, industry is not injured, except where there is concentration of
dumped imports into such an isolated market and provided the dumped
imports are causing injury to the producers of all or most of the
production within such market.
18