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TMI BlogIndia-Singapore Trade Agreement (Safeguard Measures) Rules, 2009X X X X Extracts X X X X X X X X Extracts X X X X ..... article or a directly competitive article in India; or (ii) whose collective output of the like article or a directly competitive article in India constitutes a major share of the total production of the said article in India; (c) "Increased quantity" means absolute increase in imports from the Republic of Singapore; (d) "Interested party" includes, - (i) any exporter or producer from the Republic of Singapore or importer of the article subjected to investigation for purposes of taking safeguard measure or a trade or business association, majority of the members of which are producers, exporters or importers of such an article, or, (ii) the Government of the Republic of Singapore, or, (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) "Serious injury" means a significant overall impairment in the position of the domestic industry; (f) "threat of serious injury" means a clear and imminent danger of serious injury on the basis of facts and not merely on allegation conjecture or remote possibility; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in sub-rule (4), the Director-General shall, on receipt of a written application by or on behalf of the domestic producer of like article or directly competitive article, initiate an investigation to determine the existence of serious injury or threat of serious injury to the domestic industry, caused by increased import of an article in absolute terms due to preferential treatment under the Trade Agreement. (2) An application under sub-rule (1) shall be in the form as may be specified by the Director-General in this behalf and such application shall be supported by:- (i) evidence of - (a) increased imports, (b) serious injury or threat of serious injury to the domestic industry; (c) the reduction or elimination of a customs duty under the Trade Agreement being a cause which contributes significantly to the increase in imports (but need not be equal to or greater than any other cause) and such increase in imports alone constitutes a substantial cause of serious injury to domestic industry. (ii) 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 inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de a copy of the application referred to in sub-rule (1) of rule 4 to:- (i) the known exporters, or the concerned trade associations, (ii) the government of the Republic of Singapore, and (iii) 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 investigation shall be promptly terminated if imports of the subject article represent less than 2% of market share in terms of domestic sales or less than 3% of the total imports. Explanation: - For the purpose of the this sub-rule, - (i) market share means the value of the imports from Singapore as a percentage of value of total domestic production plus total imports during the time frame specified in clause (ii); and, (ii) the time frame to be used in calculating the applicable percentages shall be the twelve months prior to the filing of the petition. (5) 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 interested countries and such information shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) Notwithstanding anything contained in sub-rule (2), if the Director-General is satisfied that the request for confidentiality is not warranted or the supplier of the information is unwilling either to make the information public or to authorise its disclosure in a generalized or summary form, he may disregard such information unless it is demonstrated to his satisfaction from appropriate sources that such information is correct. 7. Determination of serious injury or threat of serious injury. - (1) The Director-General shall determine serious injury or threat of serious injury to the domestic industry taking into account, inter alia, all relevant factors of an objective and quantifiable nature having a bearing on the situation of that industry, in particular, the rate and amount of the increase in imports of the article concerned in absolute terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilization, profits and losses, and employment. (2) The determination under sub-rule (1) shall not be made unless the investigation demonstrates, on the basis of objective evidence, that the increase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sure is taken, and, (b) the Most Favoured Nation (MFN) applied rate of customs duty on the article in effect on the day immediately preceding the date of start of the period of investigation; or (iii) in a case of customs duty being applied to an article on seasonal basis, increase the rate of custom duty to a level not to exceed the lesser of the Most Favoured Nation (MFN) applied rate of customs duty that was in effect on the article for the corresponding season immediately preceding the date of investigation: Provided that such safeguard measure shall remain in force only for a period not exceeding two hundred days from the date on which it was imposed. 10. Final findings. (1) The Director-General shall, within eight months from the date of initiation of the investigation extendable by the Central Government to maximum of one year, determine whether, - (i) the increased imports of the article under investigation has caused or threatened to cause serious injury to the domestic industry; and (ii) a causal link exists between the increased imports due to preferential treatment under the Trade Agreement and serious injury or threat of serious injury. (2) The Direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cessary to prevent or remedy serious injury and to facilitate positive adjustment. (2) Notwithstanding anything contained in sub-rule (1) of this rule, the safeguard measure applied under rule 12 shall, unless revoked earlier, cease to have effect on the expiry of two years from the date of its imposition: Provided that if the Central Government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the safeguard duty should continue to be imposed, it may extend the period of such imposition by one year. (3) Notwithstanding anything contained in sub-rule (1) of this rule, the safeguard measure taken under rule 12 shall, unless revoked earlier, cease to have effect on the expiry of three years from the date of its imposition. 15. Review. (1) Director-General shall, from time to time, review the need for continued application of the safeguard measure and shall, if he is satisfied on the basis of information received by him that - (i) safeguard measure is necessary to prevent or remedy serious injury and there is evidence that the industry is adjusting positively, he may recommend to the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X
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