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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 ..... bsolute 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 measure under the Act; (g) "specified country" means a country or territory which is a member of the World Trade Organization and includes the country or territory with which the Government of India has an agreement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed 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 safeguard action on the goods under investigation has also been submitted to the Director General of Safeguards, Department of Revenue. (3) The Authorised Officer shall not initiate an investigation pursuant to an application made under sub-rule (1), unless, it 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 incre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation.--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 cases where the goods is commonly sold at retail level to furnish information which is relevant to the investigation including inter alia, their views if imposition of safeguard quantitative restrictions is in public interest or not. (6) The Authorised Officer 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 Authorised Officer only when it is subsequently submitted in writing. (7) The Authorised Officer shall make available the evidence presented to it by one interested party to all other interested parties, participating in the investigation. (8) In case where an interested party refuses access to or otherwise does not provide necessary inf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 not be attributed to increased imports and in such cases, the Authorised Officer may refer the complaint to the authority for anti-dumping or countervailing duty investigations, as appropriate. 9. Final findings.-- (1) The Authorised Officer shall, within eight months from the date of initiation of the investigation or within such extended period as the Central Government may allow, determine whether, as a result of unforeseen developments the increased imports of the goods under investigation has caused or threatened to cause serious injury to the domestic industry, and a casual link exists between the increased imports and serious injury or threat of serious injury and recommend -- (i) the extent and nature of quantitative restrictions which, if imposed, would be adequate to prevent or remedy 'serious injury' and to facilitate positive adjustment, as the case may be; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... serious injury and to facilitate adjustment. (2) Notwithstanding anything contained in sub-rule (1), safeguard quantitative restrictions imposed under rule 10 shall, unless revoked earlier, cease to have effect on the expiry of four 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 serious injury or threat thereof and it is necessary that the safeguard quantitative restrictions should continue to be imposed, to prevent such serious injury or threat and to facilitate adjustments, it may extend the period beyond four years: Provided further that in no case the safeguard quantitative restrictions shall continue to be imposed beyond a period of ten years from the date on which such restrictions were first imposed. 14. Liberalization of safeguard quantitative restrictions. -- If the duration of the safeguard quantitative restrictions imposed under rule 10 exceeds one year, the restriction shall be progressively liberalised at regular intervals during the period of its imposition. 15. Review.--(1) The Authorised Officer shall, from time to time, review the need for con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers whether they support the application or not). Section 2: Product in respect of which increase in imports alleged 1. Name of the product 2. Description: Provide full description of the product including chemical formula, grade constituent materials / Components, process of manufacture in brief, uses and inter-changeability of various grades, etc. 3. Tariff classification: Provide the classification of the product under the HS classification as well as Indian customs Tariff Classification at 6/8/10 digit level 4. Import Duty: Provide information relating to rates of import duty levied during the past three years. If the product enjoys any concessional or preferential treatment, provide details. 5. Country(ies) of Origin: Provide name(s) of country(ies) where the product has originated (where the country of origin is different then the country of export, the name of the country of origin should also be provided). 6. Provide a list of all known foreign producers, exporters & importers of the imported product, country-wise, together with names and addresses of concerned trade associations and user associations etc. 7. Information on major industrial users, organization of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Loss of employment e. Financial situation Full information on the financial situation of the domestic industry including information on decline in sales, growing inventory, downward trend in production, profits, productivity or increasing unemployment needs to be provided. 2. Other Factors of Injury: Provide details of any other factors that may be attributing to the injury to the domestic industry and an explanation that injury caused by these other factors is not attributed to injury caused by increased imports. (Information on injury caused due to dumping or subsidization, if any, needs to be specifically provided here. Also mention if any application for anti-dumping or countervailing duty investigation has been filed). Section 6: Cause of Injury: Please provide an analysis of data presented above bringing out a nexus between the increased imports, either actual or relative to domestic production, and the injury or threat of injury caused to the domestic industry and the basis for a request for initiation of safeguards investigation under Safeguard Measures (Quantitative Restrictions) Rules, 2012. Section 7: Submission a. A statement describing the measure requested incl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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