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TMI BlogCustoms Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997X X X X Extracts X X X X X X X X Extracts X X X X ..... uld cause irreparable damage to the domestic industry; (c) "increased quantity" includes increase in imports whether in absolute terms or relative to domestic production; (d) "Interested Party" includes - (i) any exporter or foreign producer or the importer of an article subjected to investigation for purposes of imposition of safeguard duty or a trade or business association, majority of the members of which are producers, exporter or importers of such an article; (ii) the government of the exporting country; and (iii) a producer of the like article or directly competitive article in India or a trade or business association, a majority of members of which produce or trade the like article or directly competitive article in India; (e) "like article" means an article which is identical or alike in all respects to the article under investigation; (f) "Provisional Duty" means a safeguard duty imposed under sub-section (2) of section 8B of the Act; (g) "Specified Country" means a country of territory which is a member of the World Trade Organisation and includes the country or territory with which the Government of India has an agreement for giving it the most favoured ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estic industry; (iii) a causal link between imports and the alleged serious injury or threat of serious injury; and (b) a statement on the efforts being taken, or planned to be taken, or both, to make a positive 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; and (c) a causal link between increased imports and alleged injury or threat of serious injury. (4) Notwithstanding any thing 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) and clause (c) of sub-rule (3). 6. Principles Governing Investigations. - (1) The Director General shall, after he has decided to initiate investigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... industrial user of the article under investigation, and to representative consumer organisations in cases where the article 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 a reasonable period 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. 7. Confidential information. - (1) Notwithstanding anything contained in sub-rules (1), (3) and (7) of rule 6, sub-rule (2) of rule 9 and sub-rule (5) of rule 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e increased imports of the article under investigation has caused or threatened to cause serious injury to the domestic industry, and (b) a causal link exists between the increased imports and serious injury or threat of serious injury. (2) The Director General shall also give its recommendation regarding amount of duty which, if levied, would be adequate to prevent or remedy serious injury and to facilitate positive adjustment. (3) The Director General shall also make his recommendations regarding the duration of levy of duty : Provided that where the period recommended is more than one year, the Director General shall also recommend progressive liberalisation adequate to facilitate positive adjustment. (4) The final findings if affirmative, shall contain all information on the matter of facts and law and reasons which have led to the conclusion. (5) The Director General shall issue a public notice recording his final findings. (6) The Director General shall send a copy of the public notice regarding his final findings to the Central Government in the Ministry of Commerce and in the Ministry of Finance. 12. Levy of duty. - (1) The Central Government may, impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d beyond a period of ten years from the date on which such duty was first imposed. 17. Liberalization of duty. - If the duration of the duty levied under rule 12 exceeds one year, the duty shall be progressively liberalized at regular intervals during the period of its imposition. 18. Review. - (1) The Director General shall, from time to time, review the need for continued imposition of the safeguard duty and shall, if he is satisfied on the basis of information received to him that, - (i) safeguard duty is necessary to prevent or remedy serious injury and there is evidence that the industry is adjusting positively, it may recommend to the Central Government for the continued imposition of duty; (ii) there is no justification for the continued imposition of such duty, recommend to the Central Government for its withdrawal : Provided that where the period of imposition of safeguard duty exceeds three years the Director General shall review the situation not later than the mid-term of such imposition, and, if appropriate, recommend for withdrawal of such safeguard duty or for the increase of the liberalisation of duty. (2) Any review initiated under sub-rule (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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