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Union of India - Section

Section 11 in Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on dumped Articles for Determination of Injury) Rules, 1995

11. Determination of injury.

(1)In the case of imports from specified countries, the designated authority shall record a further finding that import of such article into India causes or threatens material injury to any established industry in India or materially retards the establishment of any industry in India.
(2)The designated authority shall determine the injury to domestic industry, threat of injury to domestic industry, material retardation to establishment of domestic industry and a casual link between dumped imports and injury, taking into account all relevant facts, including the volume of dumped imports, their effect on price in the domestic market for like articles and the consequent effect of such imports on domestic producers of such articles and in accordance with the principles set out in Annexure-II to these rules.
(3)The designated authority may, in exceptional cases, give a fording as to the existence of injury even where a substantial portion of the domestic industry is not injured, if -
(i)there is a concentration of dumped imports into an isolated market, and
(ii)the dumped articles are causing injury to the producers of all or almost all of the production within such market.