Rule 16 - Duration - India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules, 2016

16 . Duration. (1) The suspension of the concessions granted under the provisions of the Trade Agreement or the safeguard measure levied under rule 11 shall be only for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment. (2) Notwithstanding anything contained in sub-rule (1) safeguard measure levied under rule 11 shall, unless revoked earlier, cease to have effect after an initial period not exceeding three years: Provided that the Central Government may, on receipt of the recommendations of the Director General under sub-rule (1) of rule 18, extend the period of such imposition for a further period of one year: Provided further that in no case the safeguard measure shall continue to be imposed beyond a period of four years from the date on which such safeguard measure was first imposed. (3) Notwithstanding anything contained in sub-rules (1) and (2), the duration of safeguard measure on the good shall terminate at the end of the transition period for that good as provided in rule 15. (4) No safeguard measure under these rules shall be applied again to the import of a good which has been subject to such a measure, for a period of time equal to that during which such measure had been previously applied, provided that the period of non-application is at least two years. (5) Notwithstanding the provisions of sub-rule (4), a measure with a duration of one hundred and eighty days or less may be applied again to the import of a product if,- (a) at least one year has elapsed since the date of introduction of a safeguard measure on the import of that product; and (b) such a safeguard measure has not been applied on the same product more than twice in the five-year period immediately preceding the date of introduction of the measure.