Rule 5 - Principles governing investigations. - India-Singapore Trade Agreement (Safeguard Measures) Rules, 2009

5. Principles governing investigations. - (1) The Director-General shall, after he has decided to initiate investigation to determine the serious injury or threat of serious injury to domestic industry, consequent upon the increased import of an article into India on account of preferential treatment under the Trade Agreement, issue a public notice notifying his decision thereto. The public notice shall, inter alia, contain adequate information on the following namely:- (i) the precise description of the article involved, (ii) the date of initiation of the investigation, (iii) a summary statement of the facts on which the allegation of serious injury or threat of serious injury is based, (iv) reasons for initiation of the investigation, (v) the address to which representations by interested parties should be directed, and, (vi) the time-limits allowed to interested parties for making their views known through appropriate representation. (2) A copy of the public notice shall be forwarded by the Director-General to the Central Government in the Ministry of Commerce and other Ministries concerned, known exporters of the article the increased import of which has been alleged to cause or threaten to cause serious injury to the domestic industry, the government of the Republic of Singapore and other interested parties. (3) The Director-General shall also provide a copy of the application referred to in sub-rule (1) of rule 4 to:- (i) the known exporters, or the concerned trade associations, (ii) the government of the Republic of Singapore, and (iii) the Central Government in the Ministry of Commerce: Provided that the Director-General shall also make available a copy of the application, upon request in writing, to any other interested party. (4) The investigation shall be promptly terminated if imports of the subject article represent less than 2% of market share in terms of domestic sales or less than 3% of the total imports. Explanation: - For the purpose of the this sub-rule, - (i) market share means the value of the imports from Singapore as a percentage of value of total domestic production plus total imports during the time frame specified in clause (ii); and, (ii) the time frame to be used in calculating the applicable percentages shall be the twelve months prior to the filing of the petition. (5) The Director-General may issue a notice, calling for any information in such form as may be specified by him from the exporters, foreign producers and governments of interested countries and such information shall be furnished by such persons and governments in writing within thirty days from the date of receipt of the notice or within such extended period as the Director-General may allow on sufficient cause being shown. Explanation: For the purpose of this rule, the public notice and other documents shall be deemed to have been received one week after the date on which these documents were sent by the Director-General by registered post or transmitted to the appropriate diplomatic representative of the exporting country. (6) The Director-General shall also provide opportunity to the industrial user of the article under investigation and to representative consumer organisations in cases where the article is commonly sold at retail level to furnish information which is relevant to the investigation. (7) The Director-General may allow an interested party or its representative to present the information relevant to investigation orally but such oral information shall be taken into consideration by the Director-General only when it is subsequently submitted in writing. (8) The Director-General shall make available the evidence presented to him by one interested party to the other interested parties, participating in the investigation. (9) In case where an interested party refuses access to or otherwise does not provide necessary information within a reasonable period or significantly impedes the investigation, the Director- General may record his findings on the basis of the facts available to him and make such recommendations to the Central Government as he deems fit under such circumstances.