Rule 11 - Application of bilateral safeguard measure - India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017

11. Application of bilateral safeguard measure. - (1) On receipt of the recommendation of the Director General, in order to prevent or remedy the serious injury and to facilitate adjustment in respect of the originating 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 on the originating good provided for under the Trade Agreement; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day when the bilateral safeguard measure is taken; or (ii) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day immediately preceding the date of entry into force of the Trade Agreement. (2) In case, the final findings of the Director General is contrary to the prima facie evidence on the basis of which the investigation was initiated and the final findings do not have recommendation for applying bilateral safeguard measure, the Central Government shall within thirty days of the publication of final findings by the Director General under rule 10, withdraw the provisional bilateral safeguard measure imposed, if any. (3) Upon termination of a bilateral safeguard measure, whether provisional or final, the rate of customs duty for an originating good subject to the measure shall be the rate which would have been in effect but for the bilateral safeguard measure.