Section 3: Cases where duties may be imposed

(1) Where it appears to the President that-
(a) goods of any description are being or have been imported into Nigeria in circumstances in which they are under the provisions of this Act, to be regarded as having been dumped; or
(b) a government or other authority outside Nigeria has been giving a subsidy affecting goods of any description which are being or have been imported into Nigeria; and
(c)
having regard to all the circumstances, it would be in the national interest,
he may exercise the power conferred on him by this Act to impose and vary duties of customs in such manner as he thinks necessary to meet the dumping or the giving of the subsidy:
Provided that where the President is not satisfied that the effect of the dumping or of the giving of the subsidy is such as to cause or threaten material injury to an established industry in Nigeria, or is such as to retard materially the establishment of an industry in Nigeria, he shall not exercise that power if it appears to him that to do so would conflict with the obligations of the Federal Government under the provisions for the time being in force of the General Agreement on Tariffs and Trade concluded at Geneva in the year 1947.
(2) For the purposes of this Act, imported goods shall be regarded as having been dumped--
(a) if the export price from the country in which the goods originated is less than the fair market price of the goods in that country: or
(b)
in a case where the country from which the goods were exported to Nigeria is
different from the country in which they originated-
(i) if the export price from the country in which the goods were so exported is less than the fair market price of those goods in that country:
or
(ii) if the export price from the country from which the goods were so exported is less than the fair market price of those goods in that country.
(3)
References in this Act to giving a subsidy are references to giving directly or indirectly, a bounty or subsidy on the production or export of goods (whether by grant, loan, tax relief or in any other way and whether related directly to the goods themselves, to materials of the goods or to something else), and include-
(a) the giving of any special subsidy on the transport of a particular product; and
(b)
the giving of favourable treatment to producers or exporters in the course of administering any governmental control over the exchange of currencies where such treatment has the effect of assisting a reduction of the prices of goods offered for export,
but do not include the application of restrictions or charges on the export of materials from any country so as to favour producers in that country who use those materials in goods produced by them.