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Amendments in the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995
Notification
No. 1 dated 4th January 2002 (NT)
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:
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, 2002.
(ii)
They shall come into force on the date of their publication in the
Official Gazette.
2.
In Annexure l to the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping 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 presumption that any country that has been determined to
be, or has been treated as, a non-market economy country for purpose of an
anti-dumping investigation by the designated authority or by the competent
authority of any WTO member country during the three-year period 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 that 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 following
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 particular 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:
Provides,
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.�
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