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4
th
January, 2002
Notification No. 1 /2002 Customs (N.T.)
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 of Injury) Rules,
1995, namely :-
1.(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) Amendment Rules, 2002.
(2)
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,
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 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
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:
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 1
st
January, 1995 and
was last amended vide G.S.R. 405 (E), dated 31
st
May, 2001.