Rule 11 - Application of safeguard measure. - India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules, 2016

11. Application of safeguard measure. (1) On receipt of the recommendation of the Director General, in order to prevent or remedy serious injury and to facilitate adjustment in respect of the good covered under the final findings, the Central Government may suitably amend the notification, issued under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) to give effect to the provisions of the Trade Agreement, so as to - (a) suspend further reduction of any rate of customs duty provided for under the Trade Agreement on the good; or (b) increase the rate of customs duty on the good concerned to a level not to exceed the lesser of the Most Favoured Nation applied rate on the good in effect at the time when the safeguard measure is taken, or the Most Favoured Nation applied rate on the good in effect on the day immediately preceding the date of entry into force of the Trade Agreement. (2) No safeguard measure under these rules may be imposed in respect of a good to which actions are being applied pursuant to sub-section (1) of section 8B of the Customs Tariff Act, 1975 and in the event of a safeguard duty being imposed in respect of a good under sub-section (1) section 8B of the Customs Tariff Act, 1975 , any existing safeguard measure which has been imposed under these rules in respect of that good shall be terminated prior to the imposition of the action to be applied pursuant to sub-section (1) of section 8B of the Customs Tariff Act, 1975 . (3) In case, the final finding of the Director General is contrary to the prima facie evidence on whose basis the investigation was initiated and the final finding does not have recommendation for applying safeguard measures, the Central Government shall within thirty days of the publication of final findings by the Director General under rule 10 , withdraw the provisional safeguard measures imposed, if any.