G/ADP/N/1/IND/2/Suppl.8  
G/SCM/N/1/IND/2/Suppl.8  
 
21 April 2017  
(17-2200) Page: 1/4 
Committee on Anti -Dumpin g Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIF ICATION OF LAWS AND REGULATIONS  UNDER  
ARTICLE  18.5 AND 32.6 OF THE AGREEMENT S 
INDIA 
Supplement  
The following communication, dated 19 April 2017, is being circulated at the request of the 
Delegation of India. 
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Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994, India notifies the amendment to India 's Anti -Dumping 
Rules, namely  Customs Tariff (Identification, Assessment and Collection of Anti -dumping Duty on 
Dumped  Articles and for Determination of Injury) Rules, 1995.  The legal instrumen ts amending the 
said Rule are : 
(i) Customs Tariff (Identification, Assessment and Collection of Anti -Dumping Duty on 
Dumped Articles and for Determination of Injury) Amendment Rules 200 2 notified vide 
Customs Notification No.1/2002 Cus toms (N.T .) dated 4 January 2002 : It is available 
in the public domain at cbec.gov.in.  This notification substituted paragraph 8 of the 
Customs Tariff (Identification, Assessment and Collection of Anti -dump ing Duty on 
Dumped Articles and for Determination of Injury) Rules 1995, by paragraph as 8(1) 
to 8(3), wherein the conditions for Non -Market Economy country status have been 
indicated for the purpose of the anti -dumping investigation; and  
(ii) Customs Tariff (I dentification, Assessment and Collection of Anti -Dumping Duty on 
Dumped Articles and for Determination of Injury) Amendment Rules 2003 notified vide 
Customs Notification No.101/2003 (N.T .) dated 10 November 2003 : It is available in 
the public domain at cbe c.gov.in or commerce.gov.in.  This notification amended the 
Customs Tariff (Identification, Assessment and Collection of Anti -dumping Duty on 
Dumped Articles and for Determination of Injury) Amendment Rules, 2002 by 
incorporation of a new sub -paragraph (4) after sub -paragraph (3) of Paragraph 8 of 
the said Rule.  
Copies of these Notifications as at (i) & (ii) above are annexed herewith as Annexure -I and 
Annexure -II. Copies of the above mentioned notifications can also be acce ssed from the weblinks 
at: 
http://www.cbec.gov.in/htdocs -cbec/customs/cs -act/notifications/notfns -2002/cs -nt2002/csnt1 -
2k2 
http://commerce.gov.in/writereaddata/traderemedies/compendium/comp9.pdf  
These Notifications are already available in the Public domain since its issuance . 
 
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ANNEXURE -I 
NOTIFICATION N o. 1 /2002 (N.T.)   
4th January , 2002 
In exercise of the powers conferred by sub -section (6) of section 9 A and sub -section (2) of 
section 9B of the Customs Tariff Act, 1975 (51 of 1975), the Central Government hereby makes 
the following rules further to amend the Customs Tariff ( Identification, Assessment and Collection 
of Anti -dumping Duty on Dumped Articles and for Determination o f Injury) Rules, 1995, namely:  
1. (i) These rules may be called the Customs Tariff (Identification, Assessment and Collection of 
Anti-dumping Duty on D umped Articles and for Determination of Injury) Amendment Rules, 2002.  
(ii) They shall come into force on the date of their publication in the Official Gazette.  
2. In Annexure I to the Customs Tariff (Identification, Assessment and Collection of Anti -dumpi ng 
Duty on Dumped Articles and for Determination of Injury) Rules, 1995, for paragraph 8, the 
following paragraph  shall be substituted, namely : 
"8. (1) The term "non -market economy country" means any country which the designated  
authority determines as not  operating on market principles of cost or pricing structures, so 
that sales of merchandise in such country do not reflect the fair value of the merchandise, in 
accordance with the criteria specified in sub -paragraph (3)  
(2) There shall be a presumption th at any country that has been determined to be, or has 
been treated as, a non -market economy country for purposes of an anti -dumping 
investigation by the designated authority or by the competent authority of any WTO member 
country during the three year peri od preceding the investigation is a non -market economy 
country.  
Provided, however, that the non -market economy country or the concerned firms from such 
country may rebut such a presumption by providing information and evidence to the 
designated authority t hat establishes that such country is not a non -market economy 
country on the basis of the criteria specified in sub -paragraph (3).  
(3) The designated authority shall consider in each case the f ollowing criteria as to whether : 
(a) the decisions of concerned  firms in such country regarding prices, costs and 
inputs, including raw materials, cost of technology and labour, output, sales and 
investment, are made in response to market signals reflecting supply and demand and 
without significant State interference in this regard, and whether costs of major inputs 
substantially reflect market values;  
(b) the production costs and financial situation of such firms are subject to significant 
distortions carried over from the former non -market economy system, in particul ar in 
relation to depreciation of assets, other write -offs, barter trade and payment via 
compensation of debts;  
(c) such firms are subject to bankruptcy and property laws which guarantee legal 
certainty and stability for the operation of the firms, and  
(d) the exchange rate conversions are carried out at the market rate:  G/ADP/N/1/IND/ 2/Suppl.8 • G/SCM/N/1/IND/2/Suppl.8  
 
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  Provided, however, that where it is shown by sufficient evidence in writing on the basis of 
the criteria specified in this paragraph that market conditions prevail for one or more such 
firms subject to anti -dumping investigations, the designated authority may apply the 
principles set out in paragraphs 1 to 6 instead of the principles set out in paragraph 7 and in 
this paragraph".  
Rajendra Singh  
Under Secretary to the Government of India  
F.No.525/2/94 -CUS (TU) PT.  
Note: The principal rules were published in the Gazette of India Extraordinary vide G.S.R. 1(E), 
dated 1st January, 1995 and was last amended vide G.S.R. 405 (E), dated 31st May, 2001.  
 
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  ANNEXURE -II 
CUSTOMS NOTIFICA TION N o. 101/2003 (N .T.) DATED 10 /11/ 2003  
Amendments in the Customs, Tariff (Identification, Assessment and Collection of Anti -
dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 G.S.R. (E) – In 
exercise of the powers conferred by sub-section (6) of section 9A and sub - section (2) of section 
9B of the Customs Tariff Act, 1975 (51 of 1975), the Central Government hereby makes the 
following rules further to amend the Customs, Tariff (Identification, Assessment and Collection of 
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, namely:  
2. 
(1) These rules may be called the Customs Tariff (Identification, Assessment and  Collection 
of Anti -dumping Duty on Dumped Articles and for Determination of Injury) Ame ndment 
Rules, 2003.  
(2) They shall come into force on the date of their publication in the Official Gazette.  
3. In Annexure I to the Customs Tariff (Identification, Assessment and Collection of 
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in paragraph 
8, after sub -paragraph (3), the following sub -paragraph shall be inserted, namely:  
"(4) Notwithstanding anything contained in sub -paragraph (2), the designated authority may treat 
such country as market economy country whic h, on the basis of the latest detailed evaluation of 
relevant criteria, which includes the criteria specified in sub paragraph (3), has been, by 
publication of such evaluation in a public document, treated or determined to be treated as a 
market economy co untry for the purposes of anti -dumping investigations, by a country which is a 
Member of the World Trade Organisation. " 
Sd/- 
(D.S. Garbyal)  
Under Secretary to the Government of India  
[F. No. 528/110/2003 -CUS(TU)]  
Note: The principal rules were published in  the Gazette of India, Extraordinary, vide  G.S.R.1(E), 
dated the 1st January,1995 and was last amended vide G.S.R.11(E), dated  the 4th January, 2002.  
 
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