WORLD TRADE
ORGANIZATIONG/ADP/N/1/IND/2/Suppl.3
G/SCM/N/1/IND/2/Suppl.3
21 August 2001
(01-4072)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
INDIA
Supplement
The following communication, dated 17 August 2001, has been received from the Permanent
Mission of India.
_______________
1. Please refer to India's letter number GEN/PMI/WTO/204/32/99 dated 12 August 1999
forwarding therewith a copy of the Customs No tification No. 44/99-CUS (NT) dated 15 July 1999,
issued by the Department of Revenue, amending th e aforementioned Rules, for being brought to the
notice of Members.
2. I now forward herewith a copy of the Customs Notification No. 28/2001-NT-Customs dated
31 May 2001, issued by the Department of Revenue, further amending the aforementioned Rules.
3. It is requested that this Notification under Article 18.5 of the Agreement on Implementation
of Article VI of the General Agreement on Tariffs and Trade 1994 may please be brought to the
notice of the Members.G/ADP/N/1/IND/2/Suppl.3
G/SCM/N/1/I ND/2/Suppl.3
Page 2
TO BE PUBLISHED IN PART I, SECTION 3, SUB-SECTION (I) OF THE GAZETTE OF INDIA
EXTRAORDINARY, DATED 15 JULY 1999
10 Jyastha, 1923 (SAKA)
Government of India
Ministry of Finance
Department of Revenue
New Delhi, 31 May 2001
10 Jyaistha, 1923 (SAKA)
NOTIFICATION
No. 28/2001-NT-Customs
GSR – 405 (E) – In exercise of the powers conf erred 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 to further amend the Customs Tariff (Identification, Assessment and
Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995,
namely:
1. (i) These rules may be called the Customs Tariff (Identification, Assessment and
Collection of Anti-Dumping Duty on Dumped Articles and for Determination of
Injury) Amendment Rules, 2001.
(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-
Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, -
(i) in paragraph 7, after the words "designated authority in a reasonable manner", the
following shall be inserted, namely:-
"keeping in view the level of development of the country concerned and the product in question";
(ii) after paragraph 7, the following paragraph shall be inserted, namely:-
"3. The term "non-market economy country" subject to the Note to this paragraph means every
country listed in that note and includes any country which the designated authority determines and
which does not operate on market principles of cost or pricing structures, so that sales of merchandise
in such country do not reflect the fair value of th e merchandise.  While making such determination,
the designated authority should consider as to whether,-
(i) 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.
(ii) the production costs and financial situation of such firms are subject to significant distortions
carried over from the former non-market economy system, in particular in relation to depreciation of
assets, other write-offs, barter trade and payment via compensation of debts;G/ADP/N/1/IND/2/Suppl.3
G/SCM/N/1/I ND/2/Suppl.3
Page 3
(iii) such firms are subject to bankruptcy and property laws which guarantee legal certainty and
stability for the operation of the firms, and
(iv) the exchange rate conversions are carried out at the market rate:
Provided that in view of the changing economic conditions in Russia and in the People's
Republic of China, where it is shown on the basis of sufficient evidence in writing on the factors
specified in this paragraph that market conditions  prevail for one or more such firms are 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 this paragraph.
Note: For the purposes of this paragraph, the list of non-market economy countries is Albania,
Armenia, Azerbaijan, Belarus, People's Republic  of China, Georgia, Kazakstan, North Korea,
Kyrghyzstan, Moldova, Mongolia, Russia, Tajikis tan, Turkmenistan, Ukraine, Uzbekistan and
Vietnam.  Any country among them seeking to establish that it is a market economy country
as per criteria enunciated in this paragraph, may provide all necessary information which shallbe taken due account by the designated authority."
(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 1.1.95 and was last amended vide G.S.R.521(E), dated 15.7.99.
__________