Rule 4 - Initiation of investigation - India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules, 2016

4. Initiation of investigation. (1) Except as provided in sub-rule (4), the Director General shall, on receipt of a written application by or on behalf of the domestic producer of like good or directly competitive good, initiate an investigation to determine the existence of serious injury or threat of serious injury to the domestic industry, caused by increased imports of a good due to tariff concession under the Trade Agreement. (2) An application under sub-rule (1) shall be made in the form as may be specified by the Director General in this behalf and such application shall be supported by,- (a) evidence of - (i) increased imports; (ii) serious injury or threat of serious injury to the domestic industry; (iii) a causal link between imports and the alleged serious injury or threat of serious injury; (iv) the reduction or elimination of a customs duty under the Trade Agreement being a cause which contributes significantly to the increase in imports and such increase in imports alone constitutes a substantial cause of serious injury to domestic industry: Provided that the cause of reduction or elimination of a customs duty under the Trade Agreement need not be equal to or greater than any other cause; and (b) a statement on the efforts being made, or planned to be made, or both, to make an adjustment to import competition. (3) The Director General shall not initiate an investigation pursuant to an application made under sub-rule (1) unless he examines the accuracy and adequacy of the evidence provided in the application and satisfies himself that there is sufficient evidence regarding- (a) increased imports; (b) serious injury or threat of serious injury; (c) a causal link between imports and the alleged serious injury or threat of serious injury; and (d) the reduction or elimination of a customs duty under the Trade Agreement being a cause which contributes significantly to the increase in imports and such increase in imports alone constitutes a substantial cause of serious injury to domestic industry: Provided that the cause of reduction or elimination of a customs duty under the Trade Agreement need not be equal to or greater than any other cause. (4) Notwithstanding anything contained in sub-rule (1), the Director General may initiate an investigation suo motu if he is satisfied with the information received from any Commissioner of Customs appointed under the Customs Act, 1962 (52 of 1962) or any other source that sufficient evidence exists as referred to in clause (a), clause (b), clause (c) and clause (d) of sub-rule (3).