Section 11(2) in Customs Tariff (Identification, Assessment and collection of countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995
(2)For the purposes of sub-clause (ii) of Clause (c), the term "subsidy for assistance to disadvantaged regions" means assistance to disadvantage regions within the territory of the exporting country given pursuant to a general framework of regional development and such subsidy has not been conferred on limited number of enterprises within the eligible region;Provided that -(a)each disadvantaged region must be a clearly designated contiguous geographical area with a definable economic and administrative indentity;(b)the region is considered as disadvantaged on the basis of natural and objective criteria, indicating that the region's difficulties arise out of more than temporary circumstances; such criteria must be clearly spelled out in law, regulation, or other official document, so as to be capable of verification;(c)the criteria shall include a measurement of economic development which shall be based on at least one of the following factors(i)one of either income per capita or household income per capita, or Gross Domestic product per capita, which must not be above eighty five per cent of the average for the territory concerned;(ii)unemployment rate, which must not be at least one hundred and ten per cent of the average for the territory concerned, as measured over a three-year period; such measurement, however, may be a composite one and may include other factors.
