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TMI BlogSafeguard Measures (Quantitative Restrictions) Rules, 2012.X X X X Extracts X X X X X X X X Extracts X X X X ..... der sub-rule(1) of rule 3; (c) increased quantity includes increase in import whether in absolute terms or relative to domestic production; (d) interested party includes - (i) an exporter or foreign producer or the importer of goods (which is subject to investigation for purposes of imposition of safeguard quantitative restrictions) or a trade or business association, majority of the members of which are producers, exporters or importers of such goods; (ii) the Government of the exporting country; and (iii) a producer of the like goods or directly competitive goods in India or a trade or business association, a majority of members of which produce or trade the like goods or directly competitive goods in India; (e) "like goods" means goods which is identical or alike in all respects to the goods under investigation, or in the absence of such goods, other goods which has characteristics closely resembling those of the goods under investigation; (f) "quantitative restrictions" means any specific limit on quantity of goods imposed as a safeguard measu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quantitative restrictions. 5. Initiation of investigation.--- (1) The Authorised Officer shall, on receipt of a written application by or on behalf of the domestic producer of like goods or directly competitive goods, initiate an investigation to determine the existence of serious injury or threat of serious injury to the domestic industry, caused by the import of a goods in such increased quantities, absolute or relative to domestic production. (2) The application referred to in sub-rule (1) shall be made in Form appended to these rules and be supported with- (a) the evidence of - (i) increased imports as a result of unforeseen development; (ii) serious injury or threat of serious injury to the domestic industry; and (iii) a causal link between imports and the alleged serious injury or threat of serious injury; (b) a statement on the efforts being taken, or planned to be taken, or both, to make a positive adjustment to increase in competition due to imports; and (c) a statement mentioning whether an application for the initiation of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Governments of the exporting countries; and (c) the Central Government in the Ministry of Commerce and Industry: Provided that the Authorised Officer shall also make available a copy of the application, upon request in writing, to any other interested person. (4) The Authorised Officer may issue a notice calling for any information in such form as may be specified in the notice from the exporters, foreign producers and governments of exporting countries and such information shall be furnished by such persons and governments in writing within thirty days from the date of receipt of the notice or within such extended period as the Authorised Officer may allow on sufficient cause being shown. Explanation .--For the purpose of this rule, the public notice and other documents shall be deemed to have been received one week after the date on which these documents were put in the course of transmission to the interested parties by the Authorised Officer. (5) The Authorised Officer shall provide opportunity to the industrial user of the goods under investigation and to representative consumer organisations in cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r shall determine serious injury or threat of serious injury to the domestic industry taking into account, inter alia, the following principles, namely:- (a) in the investigation to determine whether increased imports have caused or are threatening to cause serious injury to a domestic industry, the Authorised Officer shall evaluate 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 goods concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment; and (b) the determination referred to in clause (a) shall not be made unless the investigation demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the goods concerned and serious injury or threat thereof: Provided that when factors other than increased imports are causing injury to the domestic industry at the same time, such injury shall n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (I) of section 9A of the Act, impose upon importation into India of the goods covered under the final determination, a safeguard quantitative restrictions not exceeding the amount or quantity which has been found adequate to prevent or remedy serious injury and to facilitate adjustment. 11. Imposition of safeguard quantitative restrictions on non-discriminatory basis.-- Any safeguard quantitative restrictions imposed on goods under these rules shall be applied on a non-discriminatory basis to all imports of the goods irrespective of its source. 12. Date of commencement of safeguard quantitative restrictions.-- The safeguard quantitative restrictions levied under these rules shall take effect from the date of publication of the notification in the Official Gazette, imposing such quantitative restrictions. 13. Duration . (1) The safeguard quantitative restrictions imposed under rule 10 shall be 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 quantitative restrictions imposed under rule 10 shall, unless revoked ear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 01/92/180/106/AM 11/PC VI/PRA ] ANUP K. PUJARI DIRECTOR GENERAL OF FOREIGN TRADE E-mail:[email protected] FORM [See rule 5(2))] Information to be provided by Applicant for Safeguard Investigation Table of Contents Section 1 General Information Section 2 Product in respect of which Increase in Imports Noticed Section 3 Increased Imports Section 4 Domestic Production Section 5 Injury Section 6 Cause of Injury Section 7 Submissions Section 8 Annexes Section 1: General Information 1. Date of Application 2. Applicant(s) Provide name(s) and address(es) of the applicant(s) 3. Domestic Producers of the like or directly competitive products on whose behalf the application is filed (Give details of all domestic producers who support the application) along with their IEC, where applicable) 4. Information on production accounted for by the domestic producers of the like or directly competitive products (in respect of those domestic producers who support the application). 5. Information on the total domestic production of the product concerned of the like or directly competitive products (in respect of all producers whether they support the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sification both under the Central Excise Tariff as well as under the Customs Tariff. iv. Details of domestic producers 2. Names and addresses of all known domestic producers and concerned trade associations and users associations etc. 3. Details of production accounted for by each of the producers at 2 above. 4. Details of total domestic production. 5. Installed capacity, capacity utilization and fall in capacity utilization etc. Section 5: Injury or Threat of Injury 1. Impact of increased imports on Domestic Industry: Detailed information on how the increased imports are causing serious injury or threat of serious injury to the domestic industry. This should, inter alia, include information on a. Sale volumes, total domestic consumption and how the market share of domestic production has been affected. b. Price undercutting / price depression / prevention of rise in prices. Information on costs of production and how the increased imports have affected the prices of domestic production needs to be provided. c. Any significant idling of production facilities in the industry including data indicating plant closure or fall in normal production capacity utilizatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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