ARTICLE 40: WHAT IS UNDERSTOOD BY NATIONAL INDUSTRY

For the determination of the existence of damage, national branch of production shall be understood as the total of the national producers of identical or similar merchandise (RLCE: Art. 37), or those whose joint production constitutes a significant proportion of the total national production.

However, when producers are linked to exporters or importers (RLCE: Art. 61) or are themselves importers of the merchandise subject to price discrimination (RLCE: Art. 38) or of subsidies, the term national industry may be interpreted as referring to the rest of the producers.

When all producers are linked to exporters or importers or are themselves importers of the merchandise subject to price discrimination or subsidies, the group of manufacturers of the merchandise produced in the immediate previous stage of the same continuous production line may be considered as a national production branch. (RLCE: Art. 62)