Customs Notification No. 18/2010 brings about an amendment to the definition of the "Domestic Industry" under Indian anti-dumping law.
The Customs Tariff (Identification , Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 which hitherto stated in rule 2, in clause (b) that
"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 in which case such producers may be deemed not to form part of domestic industry."
shall, post the Customs Notification No 18/2010, Rule 2(b) read thus
"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 in which case the term 'domestic industry' may be construed as referring to the rest of the producers only".
The amendment brings rule 2(b) in alignment with Article 4.1(i) of the WTO ADA. I am still unaware as to what triggered an amendment to the Rules. On the face of it, there seems to be no difference in intent reflected in the new text and the old text replaced by the Notification.
The Customs Tariff (Identification , Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 which hitherto stated in rule 2, in clause (b) that
"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 in which case such producers may be deemed not to form part of domestic industry."
shall, post the Customs Notification No 18/2010, Rule 2(b) read thus
"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 in which case the term 'domestic industry' may be construed as referring to the rest of the producers only".
The amendment brings rule 2(b) in alignment with Article 4.1(i) of the WTO ADA. I am still unaware as to what triggered an amendment to the Rules. On the face of it, there seems to be no difference in intent reflected in the new text and the old text replaced by the Notification.
1 comments:
The Designated Authority in India exercises a discretion to treat an importer also as domestic industry on administrative exigencies in many cases. Disqualification rendered by Article 4.1 is subject to discetion of the Designated Authority in India. The law was amended to align the same with WTO ADa but, the practice of waiver of disqualification still goes on.
This amendment has undergone further change by removing the last word 'only' on 02-12-2011 so that Desgnated Authority can continue to waive the disqualification whereer the exigencies of the circumstances so requires.
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