TMI BlogCustoms Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002X X X X Extracts X X X X X X X X Extracts X X X X ..... ic industry and delay in imposition of provisional safeguard duty would 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 under section 8C of the Act or a trade or business association, majority of the members of which are producers, exporters or importers of such an article; (ii) the government of the People's Republic of China; 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 under section 8C of the Act; (f) Provisional Duty means a safeguard duty imposed under sub section (2) of section 8C of the Act; (g) all words and expressions used and not defined in these rules shall have th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... market disruption or threat of market disruption . (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) market disruption or threat of market disruption ; and (c) a causal link between increased imports and alleged market disruption or threat of market disruption . (4) Notwithstanding anything 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 to determine the market disruption or threat of market disruption to domestic industry, consequent upon the increased import of an article into India, issue a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only 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, any information which is by nature confidential or which is provided on a confidential basis shall, upon cause being shown, be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 8C of the Act has caused or threatened to cause market disruption to the domestic industry; and (b) a causal link exists between the increased imports and market disruption or threat of market disruption . (2) The Director General shall also give his recommendation regarding the amount of duty which, if levied, would be adequate to prevent or remedy market disruption . (3) The Director General shall also make his recommendations regarding the duration of levy of duty. (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 dealing with Commerce and in the Ministry dealing with Finance. 12. Levy of duty. - (1) The Central Government may impose, by a notification in the Official Gazette, upon importation into India of the article covered under the final findings, a safeguard duty under section 8C of the Act not exceeding the amount which has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed, it may extend the period of such imposition : Provided further that in no case such safeguard duty shall continue to be imposed beyond a period of ten years from the date on which such duty was first imposed. 17. Review. - (1) The Director General shall, from time to time, review the need for continued imposition of the safeguard duty imported under section 8C of the Act and shall, if he is satisfied on the basis of information received by him that - (i) such safeguard duty is necessary to prevent or remedy market disruption , recommend to the Central Government for the continued imposition of that duty ; (ii) there is no justification for the continued imposition of such safeguard duty, recommend to the Central Government for its withdrawal : Provided that where the period of imposition of such 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 variation of that duty. (2) Any review initiated under sub-rule (1) shall be concluded within a period not exceeding 8 months from the date of initia ..... 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