The Regulations Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties Article 5

For the purpose of the Regulations, the term “like product” shall be interpreted to mean a product which is identical to, or composed of the same materials and is of the same characteristics or features as the imported subject product; and, although different in appearance or packaging, a product having the same material composition, characteristics and features as the subject product shall be considered as a like product.For the purpose of the Regulations, the term “domestic industry” shall be interpreted to mean all the domestic producers of the like products, or domestic producers whose collective output of the like products constitutes a major proportion of the total domestic production. However, producers who are related to domestic importers, or are foreign exporters, or are themselves importers of the subject product, may not be included in the domestic industry.For the purpose of the preceding paragraph, producers shall be deemed to be related to domestic importers or foreign exporters only if legally or operationally, one of them directly or indirectly controls the other, or together they directly or indirectly control a third person, or both of them are directly or indirectly controlled by a third person, and under the consideration that the effect of the relationship is to cause the producer concerned to behave differently from non-related producers.