Anti-dumping rules permit limited inclusion of related producers, while non-injurious price must be computed in Indian Rupees.

Amended anti-dumping rules do not require an absolute exclusion of producers related to exporters or importers, or producers who themselves import the dumped article, from the definition of domestic industry. The designated authority may, on a case-specific basis, include such producers where the facts justify it, subject to limited discretion. The non-injurious price under the anti-dumping framework must be computed in Indian Rupees from domestic cost data, with any later conversion into United States Dollars made only for duty application. The review modified the earlier observations on both issues and left the remaining judgment undisturbed.

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Issues: (i) Whether producers related to exporters or importers, or producers who themselves import the dumped article, are excluded from the definition of "domestic industry" under Rule 2(b) of the Anti-Dumping Rules, 1995; (ii) whether the non-injurious price is to be determined in Indian Rupees or in United States Dollars.

Issue (i): Whether producers related to exporters or importers, or producers who themselves import the dumped article, are excluded from the definition of "domestic industry" under Rule 2(b) of the Anti-Dumping Rules, 1995.

Analysis: The original definition used exclusionary language, but successive amendments altered the text by replacing mandatory exclusionary wording with permissive language and later removing the word that made the exclusion absolute. Read as a whole, the amendments indicate that the authority is no longer bound by an absolute exclusion and may, depending on the circumstances, include such producers within the concept of domestic industry. The discretion is not unlimited, but case-specific.

Conclusion: The answer is in the negative to the extent of absolute exclusion. Such producers are not invariably excluded, and the designated authority has a limited discretion to include them where the facts justify it.

Issue (ii): Whether the non-injurious price is to be determined in Indian Rupees or in United States Dollars.

Analysis: The statutory scheme for determining non-injurious price under the Anti-Dumping Rules uses domestic cost and financial inputs maintained in Indian Rupees, so the foundational computation should be made in INR. Conversion to USD may be made later, if required, when the figure is applied for anti-dumping duty purposes. This approach avoids exchange-rate driven distortion in the underlying domestic price computation and remains consistent with the currency-conversion principle in the WTO agreement.

Conclusion: The non-injurious price is to be determined in Indian Rupees, not directly in United States Dollars.

Final Conclusion: The review succeeds on the two issues considered, the earlier observations on domestic industry and non-injurious price are recalled and modified, and the rest of the earlier judgment remains undisturbed.

Ratio Decidendi: Where amended delegated legislation replaces absolute exclusionary wording with permissive language, the competent authority may exercise a limited case-specific discretion to include otherwise excluded producers; and a non-injurious price built on domestic cost data must be computed in the domestic currency before any later conversion for duty application.

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