Rule 2 - Definitions - Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995

2. Definitions. - In these rules, unless the context otherwise requires, - (a) Act means the Customs Tariff Act, 1975 (51 of 1975), (b) domestic industry means the domestic producers as a whole engaged in the manufacture of the like article and any activity connected therewith or those whose collective output of the said article constitutes a major proportion of the total domestic production of that article except when such producers are related to the exporters or importers of the alleged dumped article or are themselves importers thereof 1 [in such case the term 'domestic industry' may be construed as 2 [ referring to the rest of the producers: ] Provided that in exceptional circumstances referred to in sub-rule (3) of Rule 11, the domestic industry in relation to the article in question shall be deemed to comprise two or more competitive markets and the producers within each of such market a separate industry, if - (i) the producers within such a market sell all or almost all of their production of the article in question in that market; and (ii) the demand in the market is not in any substantial degree supplied by producers of the said article located elsewhere in the territory; 3 [ Explanation . - For the purposes of this clause, producers shall be deemed to be related to exporters or importers only if,- (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a third person subject to the condition that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producers to behave differently from non-related producers. Note : For the purpose of this Explanation, a producer shall be deemed to control another producer when the former is legally or operationally in a position to exercise restraint or direction over the latter. ] (c) interested party includes - (i) an exporter or a foreign producer or the importer of an article subject to investigation for being dumped in India, or a trader or business association a majority of the members of which are producers, exporters or importers of such an article; (ii) the government of the exporting country; and (iii) a producer of the like article in India or a trade and business association a majority of the members of which produce the like article in India; (d) like article means an article which is identical or alike in all respects to the article under investigation for being dumped in India or in the absence of such an article, another article which although not alike in all respects, has characteristics closely resembling those of the articles under investigation; 4 [ (da) period of investigation means the period during which the existence of dumping is examined; ] (e) provisional duty means an anti dumping duty imposed under sub-section (2) of section 9A of the Act; (f) specified country means a country or territory which is a member of the World Trade Organisation and includes the country or territory with which the Government of India has an agreement for giving it the most favoured nation treatment; (g) all words and expressions used and not defined in these rules shall have the meanings respectively assigned to them in the Act. ****************** Notes: - 1. Substituted vide notification no. 18/2010 Cus(NT) dated 27/2/2010 , before it was read as, in which case such producers may be deemed not to form part of the domestic industry 2. Substituted vide Notification No. 86/2011-Cus(NT) dated 01/12/2011 before it was read as:- referring to the rest of the producers only 3. Substituted vide Notification No. 09/2020-Customs (N.T.) dated 02-02-2020 before it was read as [ Explanation. - For the purposes of this clause, - (i) producers shall be deemed to be related to exporters or importers only if, - (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a third person, subject to the condition that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producers to behave differently from non-related producers. (ii) a producer shall be deemed to control another producer when the former is legally or operationally in a position to exercise restraint or direction over the latter.] 4. Inserted vide Notification No. 09/2020-Customs (N.T.) dated 02-02-2020