Rule 5 - Principles governing investigation - India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules, 2016

5. Principles governing investigation. (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 imports of a good into India on account of tariff concession under the Trade Agreement, issue a public notice notifying his decision thereto and the public notice shall, inter alia, contain adequate information on the following, namely:- (a) the name of the exporting countries and the good involved; (b) the date of initiation of the investigation; (c) a summary statement of the facts on which the allegation of serious injury or threat of serious injury is based; (d) reasons for initiation of the investigation; (e) the address to which representations by interested parties should be directed; and (f) the time-limits allowed to interested parties for making their views known through appropriate representation. (2) The Director General shall forward a copy of the public notice to - (a) the Central Government in the Ministry of Commerce and other Ministries concerned, as he deems fit; (b) known exporters of the good, the increased imports of which have been alleged to cause or threaten to cause serious injury to the domestic industry; (c) the Governments of the exporting State and all other member States of the Association of Southeast Asian Nations; and (d) other interested parties, as he deems fit. (3) The Director General shall also provide a copy of the application referred to in subrule (1) of rule 4 to - (a) the known exporters, or the concerned trade associations; (b) the Governments of the exporting State and all other member States of the Association of Southeast Asian Nations ; and (c) 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 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 member States of the Association of Southeast Asian Nations 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. (5) The Director General may also provide opportunity to the industrial users of the good under investigation and to representative consumer organisations in cases where the good is commonly sold at retail level to furnish information which is relevant to the investigation. (6) 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. (7) The Director General shall make available the evidence presented to him by one interested party to the other interested parties, participating in the investigation. (8) In case where an interested party refuses access to or otherwise does not provide necessary information within the period specified by the Director General 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. (9) Safeguard measure under these rules shall not be applied against a good originating in the territory of the member State of the Association of Southeast Asian Nations so long as its share of imports of the good concerned in India does not exceed three per cent. of the total imports of that good from the other member States of the Association of Southeast Asian Nations.