Anti Dumping - Changing Face of Domestic Industry
IN the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 , notified by Notification No. 2/95-Cus. (N.T.), dated 1st January, 1995, "domestic industry" was defined under Rule 2b as:
The domestic producers as a whole engaged in the manufacture of the like article and any activity connected therewith 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 dumped article or are themselves importers thereof in which case such producers shall be deemed not to form part of domestic industry :
By Notification No. 44/99-cus NT dated 15.07.2006, this was changed as,
such producers may be deemed.
So the last part of the sentence became, "in which case such producers may be deemed not to form part of domestic industry"
This was again amended by Notification No. 18/2010 dated 27.02.2010, whereby the above sentence became,
"in such case the term ‘domestic industry' may be construed as referring to the rest of the producers only"
Now in the latest amendment, the word, "only"in the above sentence has been deleted.
Let us hope all the importers, Designated Authorities, customs officers and learned counsels and courts are aware of these important changes.
Notification No. , Dated: December 01, 2011