Rules 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 1 to 4 are the foundation of the anti-dumping rules. They give the short title and start date, define the terms every later rule relies on (domestic industry, interested party, like article, specified country), provide for the appointment of the designated authority, and list the five duties that authority carries out. If you import goods that may be investigated, or produce goods that compete with imports, these definitions decide who can file, who can be heard and what the investigator must report.
This article reads the rules as amended up to the CBIC text dated 1 February 2021 (no amending notification found in CBIC's 2023-2026 lists; 2021-2022 not re-checked). Later notifications should be checked before you rely on the current text.
The rules came into force on 1 January 1995. Rule 2 defines domestic industry (producers as a whole, or those whose output is a major proportion, with related producers excluded in the cases the rule describes), interested party, like article and specified country. Rule 3 lets the Central Government appoint a designated authority of at least Joint Secretary rank. Rule 4 gives that authority five duties: investigate dumping, identify the article, report findings, recommend duty and its start date, and review the need for continuance.
Rule 1: name and start date
Rule 1(1) names the set: the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995. Rule 1(2) says they came into force on the 1st day of January, 1995. The rules work under the Customs Tariff Act, 1975, which rule 2(a) calls "the Act"; the duty itself is imposed under section 9A of that Act, and the rules deal with how it is identified, assessed and collected. The Act's own text is outside this article. For the wider picture of how duty is levied, read our overview of anti-dumping duty levy and process.
Rule 2: the definitions that matter
Rule 2 has clauses (a) to (g). The table lists those you will meet most often.
| Clause | Term | What the rule says |
|---|---|---|
| (a) | Act | The Customs Tariff Act, 1975 (51 of 1975) |
| (b) | Domestic industry | Domestic producers as a whole engaged in making the like article and any connected activity, or those whose collective output is a major proportion of total domestic production |
| (c) | Interested party | Exporters, foreign producers and importers of the article, trade or business associations whose majority members are such persons, the government of the exporting country, and producers of the like article in India or their associations |
| (d) | Like article | An article identical or alike in all respects to the article under investigation, or, if none, one with characteristics closely resembling it |
| (da) | Period of investigation | The period during which the existence of dumping is examined |
| (e) | Provisional duty | Anti-dumping duty imposed under section 9A(2) of the Act |
| (f) | Specified country | A country or territory that is a WTO member, including one with which India has a most favoured nation arrangement |
| (g) | Other words | Carry the meaning given in the Act |
Domestic industry in more detail
Clause (b) excludes producers who are related to the exporters or importers of the allegedly dumped article, or who are themselves importers of it. In that case the term can be read as the rest of the producers. An Explanation to the clause says producers are related to exporters or importers only if one directly or indirectly controls the other, both are controlled by a third person, or together they control a third person, and in the last case only where there are grounds to believe the relationship makes the producers behave differently from unrelated producers. The Note says a producer controls another when it is legally or operationally in a position to exercise restraint or direction over it.
The proviso to clause (b) covers exceptional circumstances under rule 11(3). There the domestic industry can be treated as made up of two or more competitive markets, each a separate industry, if the producers in a market sell all or almost all of their production there, and the demand in that market is not to any substantial degree supplied by producers elsewhere in the territory.
A practical example: Kalyani Polymers and Rao Resins make a chemical in India. Rao Resins also imports the same chemical from a group company abroad. Under clause (b) and its Explanation, whether Rao Resins counts will depend on whether it is related to the exporter in the way the Explanation describes, or is an importer of the article. If it is excluded, the domestic industry is read as the remaining producers.
Interested party and like article
Clause (c) is wide. Importers, exporters and foreign producers are interested parties, so is the government of the exporting country, and so are Indian producers of the like article. Being an interested party matters later, because rule 6 gives such parties the right to be notified and to supply information.
Clause (d) fixes the comparison. The "like article" is the one identical or alike in all respects. Only where no such article exists does the rule allow another whose characteristics closely resemble the article under investigation. Disputes about whether an Indian product is a like article often decide whether an application can be filed at all.
Rule 3: appointing the designated authority
Rule 3(1) lets the Central Government, by notification in the Official Gazette, appoint as designated authority a person not below the rank of a Joint Secretary to the Government of India, or such other person as that Government thinks fit. Rule 3(2) says the Central Government may give the designated authority the services of other persons and such facilities as it considers fit. The rule says nothing about who the individual is; that comes from the notification.
Rule 4: the five duties
Rule 4(1) says it is the duty of the designated authority, in accordance with the rules:
- Clause (a): to investigate the existence, degree and effect of any alleged dumping in relation to imports of any article.
- Clause (b): to identify the article liable for anti-dumping duty.
- Clause (c): to submit findings, provisional or otherwise, to the Central Government on (i) normal value, export price and the margin of dumping for the article under investigation, and (ii) the injury or threat of injury to an industry established in India, or material retardation to the establishment of an industry in India, consequent upon the import of the article from the specified countries.
- Clause (d): to recommend to the Central Government (i) the amount of anti-dumping duty equal to the margin of dumping or less, which if levied would remove the injury to the domestic industry, after considering the principles in Annexure III, and (ii) the date of commencement of the duty.
- Clause (e): to review the need for continuance of anti-dumping duty.
Two points follow. First, the authority recommends; it does not impose. The levy is for the Central Government, as later rules show. Second, the recommended amount is "equal to the margin of dumping or less", tied to removing the injury. That is why Annexure III on the non-injurious price matters; our article on Rule 11 and Annexures II and III covers it.
The rule 4 text is printed with a footnote saying it was substituted by Notification No. 15/2011-Cus. (N.T.) dated 1-3-2011, and rule 2(b) and (da) carry footnotes to Notification Nos. 18/2010, 86/2011 and 9/2020.
Who is affected, and how
| Person | Why rules 1-4 matter |
|---|---|
| Domestic producers | Rule 2(b) decides who counts as the domestic industry when an application is filed |
| Importers | They are interested parties under rule 2(c) and may be heard |
| Foreign exporters and producers | Also interested parties; the specified-country test in rule 2(f) links to WTO membership |
| Exporting-country governments | Interested parties under clause (c)(ii) |
| Consultants and advocates | Need the rule 4 duties to frame submissions at each stage |
The next stage of the process, how an investigation begins, is in our article on Rules 5 to 9. If you are an importer worried about an investigation or a producer weighing an application, our legal consultation team can walk you through the process.
Need help with an anti-dumping matter?
If you are a producer considering an application, an importer responding to a questionnaire, or a finance team trying to understand exposure, speak to us early. A short legal consultation can set out which definitions apply to your position and what the designated authority will expect from you.
Key takeaways
- The rules took effect on 1 January 1995 and implement anti-dumping duty under the Customs Tariff Act, 1975.
- "Domestic industry" can exclude producers related to exporters or importers, or who import the article themselves.
- "Interested party" includes importers, exporters, foreign producers, the exporting government and Indian producers of the like article.
- The designated authority is appointed by notification and must not be below Joint Secretary rank unless the Government thinks otherwise.
- Rule 4 gives five duties: investigate, identify the article, report findings, recommend duty and start date, and review continuance.
- The designated authority recommends; the Central Government levies.
Read next
- Anti-dumping duty levy and process
- Rules 5-9: initiation, principles, confidentiality and accuracy
- Countervailing duty rules 1995, rules 1-5
- WTO agreements that shape Indian export compliance
Disclaimer: Based on the Customs Tariff Act rules named above as published on the CBIC Tax Information Portal or in the Gazette, as consulted on 3 October 2026. Later notifications, duty notifications and the Customs Tariff Act, 1975 should be checked. This article is general information, not legal advice; check the official text before acting.