THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3 (i)]

MINISTRY OFFINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 4th January, 2002

No. 1/2002-NT-Customs

G.S.R. 11 (E).— In exercise of the powers conferred by sub-section (6) of section 9A and sub-section (2) of section

9B of the Customs Traiff Act, 1975 (51 of 1975), the Central Government hereby makes the following rules futher to amend

the Customs Traiff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determi-

nation 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 Iheir 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, 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 deter-

mines 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 that 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 period preceding the inves-

tigation 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 re-

gard, 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;

for the operation of the firms; and

(d) the exchange rate conversions are carried out at the market rate :

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."

[F. No. 525/2/94-CUS (TU) Pt.]

RAJENDRA SINGH, Under Secy.

Note.— The principal rules were published in the Gazette of India, Extraordinary vide G.S.R. 1(E), dated lstJanuary, 1995

and was last amended vide G.S.R. 405(E), dated 31st May, 2001.

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