Rule 2 - Definitions - Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995

Rule 2. Definitions. - In these rules, unless the context otherwise requires, - (a) Act means the Customs Tariff Act, 1975 (51 of 1975); (b) domestic industry 1 [ means the domestic producers as a whole engaged in the manufacture of the like article or those whose collective output of the said article constitutes a major proportion of the total domestic production of that article, except when such producers are related to the exporters or importers of the alleged subsidised article, or like article from other countries or are themselves importers thereof 5 [ , the term domestic industry may be interpreted as referring to the rest of the producers ] : ] : Provided that in exceptional circumstances referred to in sub-rule (3) of rule 13, the domestic industry in relation to the article in question shall be deemed to comprise two or more competitive markets and the producers within each of such market be deemed as a separate industry if, - (i) the producers within such market sell all or almost all of their production of the article in question in that market, and (ii) the demand in the market is not in any substantial degree supplied by producers of the said article located elsewhere in the territory; 2 [ Explanation . - For the purposes of this clause, 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. Note : For the purpose of this Explanation, 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. ] (c) interested party includes - (i) an exporter or foreign producer or the importer of an article subject to investigation for being subsidised or a trade or business association a majority of the members of which are producers, exporters or importers of such an article; and (ii) a producer of the like article in India or a trade and business association a majority of the members of which produce the like article in India; 3 [ (ca) like article means an article which is identical or alike in all respects to the article under investigation or in the absence of such an article, another article which although not alike in all respects, has characteristics closely resembling those of the article under investigation; (cb) period of investigation means the period during which the existence of subsidisation is examined. ] (d) provisional duty means a countervailing duty imposed under sub-section (2) of 4 [ section 9 ] of the Act; (e) specified country means a country or territory is a member of the Word Trade Organisation and which includes the country or territory with which the Government of India has an agreement for giving it the most favoured nation treatment; (f) all words and expressions used in these rules, but not defined, shall have the meaning respectively assigned to them in the Act. ************* NOTES:- 1. Substituted vide Notification No.10/2020-Customs (N.T.) dated 02-02-2020 before it was read as means the domestic producers as a whole of the like article, or domestic producers whose collective output of the said article constitutes a major proportion of the total domestic production of that article, except when such producers are related to the exporters or importers of the alleged subsidised article, or are themselves importers thereof, in which case such producers shall be deemed not to form part of domestic industry 2. Inserted vide Notification No.10/2020-Customs (N.T.) dated 02-02-2020 3. Inserted vide Notification No.10/2020-Customs (N.T.) dated 02-02-2020 4. Substituted vide Notification No.10/2020-Customs (N.T.) dated 02-02-2020 before it was read as section 9A 5. Inserted vide Notification No.11/2021-Customs (N.T.) dated 01-02-2021 w.e.f. 02-02-2021