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[Cites 0, Cited by 0] [Section 6] [Entire Act]

Union of India - Subsection

Section 6(3) in Customs Tariff (Identification, Assessment and collection of countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995

(3)The designated authority shall not initiate an investigation pursuant to an application made under sub-rule (1), unless -
(a)it determines, on the basis of an examination of the degree of support for, or opposition to the application expressed by domestic producers of the like article, that the application has been made by or on behalf of the domestic industry;
Provided that no investigation shall be initiated if domestic producers expressly supporting the application account for less than twenty five per cent of the total production of the like product by the domestic industry, and
(b)it examines the accuracy and adequacy of the evidence provided in the application and satisfies itself that there is sufficient evidence regarding
(i)subsidy,
(ii)injury, where applicable, and
(iii)where applicable, a causal link between such subsidized imports and the alleged injury, to justify the notification of an investigation.
Explanation. - For the purpose of this rule the application shall be considered to have been made by or on behalf of the domestic industry, if it is supported by those domestic producers whose collective output constitute more than fifty per cent of the total production of the like article produced by that portion of the domestic industry expressing either support for or opposition, as the case may be, to the application.