WORLD TRADE
ORGANIZATIONG/ADP/N/1/IND/2/Suppl.2
G/SCM/N/1/IND/2/Suppl.2
18 August 1999
(99-3473)
Original:  English
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing Measures
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
INDIA
Supplement
The following communication, dated 12 August 1999, has been received from the Permanent
Mission of India.
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1. Please refer to India's notification docum ent G/ADP/N/1/IND/2-G/SCM/N/1/IND/2 dated
15 August 1995 regarding the Customs Tariff (Ide ntification, Assessment and Collection of Anti-
Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.
2. Attached is a Customs Notification (No. 44/99-C us (NT)) dated 15 July 1999, issued by the
Department of Revenue, 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.2
G/SCM/N/1/I ND/2/Suppl.2
Page 2
To be published in Part I, Section 3, Sub-Section (i) of the Gazette of India Extraordinary, dated
15 July 1999
Government of India
Ministry of Finance
Department of Revenue
New Delhi, 15 July 1999
24 Ashadha, 1921 (SAKA)
NOTIFICATION
No. 44/99-Cus (NT)
GSR – 521 (E) – In exercise of the powers conf erred by sub-section (b) of Section 9A and
sub-section (2) of Section 9B of the customs Tariff Act, 1975 (51 of 1975), the Central Governmenthereby makes the following rules to amend the Customs Tariff (Identification, Assessment and
Collection of Ant-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, 1999.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. In the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on
Dumped Articles and for Determination of Injury) Rules, 1995, (hereinafter referred to as the said
rules), in rule 2, in clause (b), -
(a) for the words, "such producers shall be deemed", the words, "such producers may be
deemed" shall be substituted;
(b) after the proviso, the following Explanation shall be inserted, namely:
"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."G/ADP/N/1/IND/2/Suppl.2
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3. In rule 4 of the said rules, for clause (d), the following clause shall be substituted, namely:
"(d) to recommend the amount of anti-dumping duty equal to the margin of dumping or
less, which if levied, would remove the injury to the domestic industry, and the dateof commencement of such duty;  and".
4. In rule 15 of the said rules, in sub-rule b), for the proviso, the following proviso shall be
substituted, namely:
"provided that in case of any violation of an undertaking, the designated authority shall, as
soon as may be possible, inform the Central Government of the violation of the undertakingand recommend imposition of provisional duty from the date of such violation in accordance
with the provisions of these rules".
5. In rule 17 of the said rules, in sub-rule, (1),
(a) in clause (a), in the first proviso, for the words "in circumstances of exceptional
nature", the words "in its discretion in special circumstances" shall be substituted;
(b) for clause (b), the following clause shall be substituted, namely:
"(b) recommending the amount of duty which, if levied, would remove the injury where
applicable, to the domestic industry."
6. In rule 1B of the said rules, in sub-rule (1), the proviso shall be omitted.
7. In rule 20 of the said rules, after the second  proviso, the following proviso shall be inserted,
namely:
"Provided also that notwithstanding anything contained in the foregoing proviso, in case of
violation of such undertaking, the provisional duty shall be deemed to have been levied from
the date of violation of the undertaking or such date as the Central Government may specify
in each case".
8. In Annexure I to the said rules, after paragr aph 6, the following paragraph shall be inserted,
namely:
"7. In case of imports from non-market economy countries, normal value shall be
determined on the basis of the price or constructed value in a market economy third country,
or the price from such a third country to other countries, including India, or where it is not
possible, on any other reasonable basis, including the price actually paid or payable in India
for the like product, duly adjusted if necessary, to include a reasonable profit margin.  An
appropriate market economy third country shall be selected by the designated authority in areasonable manner and due account shall be taken of any reliable information made available
at the time of the selection.  Account shall also be taken within time limits;  where
appropriate, of the investigation if any made in similar matter in respect of any other market
economy third country.  The parties to the investigation shall be informed without
unreasonable delay the aforesaid selection of the market economy third country and shall begiven a reasonable period of time to offer their comments."G/ADP/N/1/IND/2/Suppl.2
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9. In Annexure II to the said rules, in paragraph (iv), for the word "essential", the word
"potential" shall be substituted.
(Rajendra Singh)
Under-Secretary to the Government of India
P. No. 573/7/94-CUS (TU) Pt.
Note: The principal rules were published in the Gazette of India Extraordinary vide notification
No. 2/95 dated 01.01.95 (ASR) (E).
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