Rule 9 - Application of provisional safeguard measure - India-Singapore Trade Agreement (Safeguard Measures) Rules, 2009

9. Application of provisional safeguard measure. - If the Director-General determines in his preliminary findings that as a result of reduction or elimination of a custom duty under the Trade Agreement, an originating article of the Republic of Singapore is being imported in such increased quantity in absolute terms and other such conditions that the imports of such article from the Republic of Singapore alone constitutes a substantial cause of serious injury or threat of serious injury to domestic industry, the Central Government may - (i) suspend further reduction of any rate of customs duty on the article provided for under the Trade Agreement; or (ii) increase the rate of customs duty on the article to a level not to exceed the lesser of, - (a) the Most Favoured Nation (MFN) applied rate of customs duty on the article in effect at the time the measure is taken, and, (b) the Most Favoured Nation (MFN) applied rate of customs duty on the article in effect on the day immediately preceding the date of start of the period of investigation; or (iii) in a case of customs duty being applied to an article on seasonal basis, increase the rate of custom duty to a level not to exceed the lesser of the Most Favoured Nation (MFN) applied rate of customs duty that was in effect on the article for the corresponding season immediately preceding the date of investigation: Provided that such safeguard measure shall remain in force only for a period not exceeding two hundred days from the date on which it was imposed.