The Regulations Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties Article 38

In assessing the effect of subsidized or dumped imports in relation to the domestic industry, when available data permit the separate identification of that production on the basis of the production process, producers’ sales and profits, the competent authority shall take the conditions of the production of the domestic like product as the basis for assessment.Where separate identification of such production of the domestic like product pursuant to the preceding paragraph is not possible, the competent authorities shall assess, according to information available, the effects of the subsidized or dumped imports by the examination of the production of the narrowest group or range of products, which includes the like product.