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Seeks to notify the India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules 2016

Customs - 37/2016 - Dated:- 4-3-2016 - Government of India Ministry of Finance (Department of Revenue) (Central Board of Excise and Customs) Notification No. 37/2016 - Customs (N. T.) New Delhi, the 4th March, 2016 G.S.R. 277 (E).- In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 (51 of 1975) read with sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules, namely:- 1. Short t .....

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us injury to the domestic industry and where delay in imposition of provisional safeguard measure would cause irreparable damage to the domestic industry; (c) Director General means the Director General (Safeguard) appointed by the Central Government under sub-rule (1) of rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997; (d) domestic industry means the producers - (i) as a whole of the like good or a directly competitive good in India; or (ii) whose coll .....

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importer of the good 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 a good; (ii) the Governments of the exporting member States of the Association of Southeast Asian Nations; and (iii) a producer of the like good or directly competitive good in India or a trade or business association, a majority of members of which produce or trade the like good or directly com .....

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ry means a significant overall impairment of the domestic industry; (k) 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; and (l) Trade Agreement means the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation between the Republic of India and the Association of South East Asian Nations . (2) Words and expressions used herein and not defined b .....

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e good liable for safeguard measure; (c) to submit his findings, provisional or otherwise, to the Central Government as to the serious injury or threat of serious injury to domestic industry consequent upon increased imports of a good from one or more member States of the Association of Southeast Asian Nations due to tariff concession under the Trade Agreement; (d) to recommend safeguard measure which if adopted would be adequate to prevent or remedy serious injury and to facilitate adjustment; .....

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determine the existence of serious injury or threat of serious injury to the domestic industry, caused by increased imports of a good due to tariff concession under the Trade Agreement. (2) An application under sub-rule (1) shall be made in the form as may be specified by the Director General in this behalf and such application shall be supported by,- (a) evidence of - (i) increased imports; (ii) serious injury or threat of serious injury to the domestic industry; (iii) a causal link between im .....

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efforts being made, or planned to be made, or both, to make an 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; (c) a causal link between imports and the alleged serious injur .....

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e 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), clause (c) and clause (d) of sub-rule (3). 5. Principles governing investigation.- (1) The Director General shall, after he has decided to initiate investigation to determine the serious injury or threat of serious .....

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serious injury is based; (d) reasons for initiation of the investigation; (e) the address to which representations by interested parties should be directed; and (f) the time-limits allowed to interested parties for making their views known through appropriate representation. (2) The Director General shall forward a copy of the public notice to - (a) the Central Government in the Ministry of Commerce and other Ministries concerned, as he deems fit; (b) known exporters of the good, the increased .....

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other member States of the Association of Southeast Asian Nations ; and (c) 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 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 member States of the Association of Southeast Asian Nation .....

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lomatic representative of the exporting country. (5) The Director General may also provide opportunity to the industrial users of the good under investigation and to representative consumer organisations in cases where the good 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 take .....

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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. (9) Safeguard measure under these rules shall not be applied against a good originating in the territory of the member State of the Association of Southeast Asian Nations so long as its share of imports of the good concerned in India does not exceed three per cent. of the total imports of that good from the other member States of the Associati .....

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parties providing information on confidential basis to furnish non-confidential summary thereof and if, in the opinion of the party providing such information, such information cannot be summarised, such party may submi t to the Director General a statement of reasons why summarisation is not possible. (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 e .....

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eral 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 good 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 in clause (a) shall not be made unless th .....

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critical circumstances may record a preliminary finding regarding serious injury or threat of serious injury. (2) The Director General shall issue a public notice regarding his preliminary findings and send a copy of the public notice to - (a) the Central Government in the Ministry of Commerce and in the Ministry of Finance; (b) the Governments of the exporting State and all other member States of the Association of Southeast Asian Nations. 9. Application of provisional safeguard measures.- (1) .....

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ly preceding the date of entry into force of the Trade Agreement. (2) The safeguard measure under sub-rule (1) 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, or within such extended period as the Central Government may allow, determine whether, - (a) the increased imports of the good under investigation has cause .....

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uard measure: Provided that where the period recommended is more than one year, the Director General shall also recommend progressive liberalisation adequate to facilitate 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 fi .....

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ication, issued under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) to give effect to the provisions of the Trade Agreement, so as to - (a) suspend further reduction of any rate of customs duty provided for under the Trade Agreement on the good; or (b) increase the rate of customs duty on the good concerned to a level not to exceed the lesser of the Most Favoured Nation applied rate on the good in effect at the time when the safeguard measure is taken, or the Most Favoured .....

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imposed under these rules in respect of that good shall be terminated prior to the imposition of the action to be applied pursuant to sub-section (1) of section 8B of the Customs Tariff Act, 1975. (3) In case, the final finding of the Director General is contrary to the prima facie evidence on whose basis the investigation was initiated and the final finding does not have recommendation for applying safeguard measures, the Central Government shall within thirty days of the publication of final f .....

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shall take effect from the date of publication of the notification, in the Official Gazette, imposing such safeguard measure. (2) Notwithstanding anything contained in sub-rule (1), where a provisional safeguard measure has been imposed and where the Director General has recorded a finding that increased imports have caused or threaten to cause serious injury to domestic industry, it shall be specified in the notification issued under rule 11 that such safeguard measure shall take effect from th .....

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or a good shall begin from the date of entry into force of the Trade Agreement and end five years from the date of completion of tariff reduction or elimination for that good. 16. Duration.- (1) The suspension of the concessions granted under the provisions of the Trade Agreement or the safeguard measure levied under rule 11 shall be only 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-rul .....

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d measure was first imposed. (3) Notwithstanding anything contained in sub-rules (1) and (2), the duration of safeguard measure on the good shall terminate at the end of the transition period for that good as provided in rule 15. (4) No safeguard measure under these rules shall be applied again to the import of a good which has been subject to such a measure, for a period of time equal to that during which such measure had been previously applied, provided that the period of non-application is a .....

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