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India-ASEAN Trade In Goods Agreement (Safeguard Measures) Rules 2016

Customs - Import - Export - SEZ - By: - Mr. M. GOVINDARAJAN - Dated:- 1-4-2016 - Section 5(1) of Customs Tariff Act, 1975 gives powers to the Central Government to make rules by means of Notification for determining if any article is the produce or manufacture of such foreign country or territory and for requiring the owner to make a claim at the time of importation, supported by such evidence as may be prescribed in the said rules, for assessment at the appropriate lower rate under such agreeme .....

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ct, 1975 read with Section 25(1) of Customs Act, 1962 the Central Government made the Rules called as vide Notification No. 37/2016-Cus, dated 04.03.2016. The Rules came into effect from 04.03.2016. The Rules provides for safeguard measures in order to prevent or remedy serious injury and to facilitate adjustment in respect of the goods. For this purpose the Rule appoints the Director General to cause investigation. The Rules prescribe principles governing investigation by the Director General. .....

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be seen. The term serious injury is defined under Rule 2(1)(j) as a significant overall impairment of the domestic industry. Rule 2(1)(d) defines the term domestic industry as the producers- as a whole of the like good or a directly competitive good in India; or whose collective output of the like good or a directly competitive good in India constitutes a major share of the total production of the said goods in India. Rule 2(g) defines the term interested party which includes- any exporter or pr .....

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ly competitive good in India. Rule 2(k) defines the terms threat of serious injury as a clear and imminent danger of serious injury on the basis of facts and not merely on allegation, conjecture or remote possibility. Rule 2(l) defines the term trade agreement as a the Agreement on Tread in goods under the Framework Agreement on Comprehensive Economic Cooperation between the Republic of India and the Association of South East Asian Nations. Member States of the Association of Southeast Asian Nat .....

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ese Rules is the Director General (Safeguard) appointed by the Central Government under Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997. Rule 3 prescribes the duties of Director General which are as follows: to investigate the existence of serious injury or threat of serious injury to the domestic industry as a consequence of increased imports of a good into India in terms of the Trade Agreement; to identify the good liable for safeguard measure; to submit his findin .....

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period so recommended is more than a year, to recommend progressive liberalization adequate to facilitate adjustment; to review the need for continuation of a safeguard measure. Initiation of investigation Rule 4 (1) provides the procedure for initiation of investigation by Director General. The Director General shall initiate an investigation on receipt of a written application by or on behalf of the domestic producer of like good or directly competitive good, to determine the existence of seri .....

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the reduction or elimination of a customs duty under the Trade Agreement being a cause which contributes significantly to the increase in imports and such increase in imports alone constitutes a substantial cause of serious injury to domestic industry.The cause of reduction or elimination of a customs duty under the Trade Agreement need not be equal to or greater than any other cause; and a statement on the efforts being made, or planned to be made, or both, to make an adjustment to import comp .....

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nitiate an investigation suo motu if he is satisfied with the information received from any Commissioner of Customs or any other source that sufficient evidence exists as to the increased imports, serious injury or threat of serious injury etc., Principles governing investigation Rule 5 provides the principles for investigation. The principles governing investigation are as detailed below: The Director General on initiation of investigation under these Rules shall issue a public notice notifying .....

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ough appropriate representation. The Director General shall forward a copy of the public notice to- The Central Government in the Ministry of Commerce and other Ministries concerned, as he deems fit; Known exporters of the good, the increased imports of which have been alleged to cause or threaten to cause serious injury to the domestic industry; The Governments of the Exporting State and all other member States of the Association of Southeast Asian Nations; and Other interested parties, as he d .....

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ce, 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 the Southeast Asian Nations and such information shall be furnished by such persons and Governments in writing within 30 days from the date of receipt of the notice or within such extended period as he may allow on sufficient cause being shown; The Director General may provide an opportunity to the industrial users of the goods and t .....

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ation; In case where an interested party refuses access to or otherwise does not provide necessary information within the 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; Safeguard measure 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 sh .....

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the parties on confidential basis to furnish non confidential summary thereof. If the in the opinion of the party such information cannot be summarized, such party may submit to the Director General a Statement of reasons why it is not possible. 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 authorize its disclosure in a generalized or summary form, he may disre .....

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ar, 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 utilization, profits and losses and employment; and The determination shall not be made unless the investigation demonstrates, on the basis of objective evidence, the existence of the casual link between increased imports of the goods concerned under the Trade Agreeme .....

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issue a public notice regarding his preliminary findings and send a copy of the public notice to- the Central Government in the Ministry of Commerce and in the Ministry of Finance; the Governments of the exporting State and all other member States of the Association of Southeast Asian Nations. Rule 9 provides that the Central Government on the basis of the preliminary findings of the Director General may- suspend further reduction of any rate of customs duty on the good provided for under the T .....

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imposed. Final Findings and safeguard measure Rule 10 provides that the Director General shall determine, within 8 months from the date of initiation of investigation, or within such extended period as the Central Government may allow, whether- the increased imports of the good under investigation has caused or threatened to cause serious injury to the domestic industry; and a casual link exists between the increased imports due to tariff concession under the Trade Agreement and serious injury o .....

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such conclusion. The Director General shall issue a public notice regarding his final findings to the Ministry of Commerce and Ministry of Finance and also the Governments of the exporting State and all other member States of the Association of Southeast Asian Nations. Rule 11 provides that on receipt of the recommendations from Director General, in order to prevent or remedy serious injury and to facilitate adjustment in respect of the good covered under the final findings, the Central Governm .....

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rate on the good in effect of the day immediately preceding the date of entry into force of the Trade Agreement. Rule 11(2) provides that no safeguard measure may be imposed in respect of a good which actions are being applied pursuant to Section 8B(1) of Customs Tariff Act, 1975 and in the event of a safeguard duty being imposed in respect of a good under Section 8B(1) of the Customs Tariff Act, 1975, any existing safeguard measure which has been imposed under these rules, in respect of that go .....

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provisional safeguard measures imposed, if any. Rule 12 provides that safeguard measures shall be non discriminatory and applicable to the good imported from all other member States of the Association of Southeast Asian Nations. Rule 13 provides that the safeguard measure shall take effect from the date of publication of the notification in the official gazette, imposing such safeguard measure. Where a provisional safeguard measure has been imposed and where the Director General has recorded a .....

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nded to the importer. Transition period Rule 15 provides that the right to initiate a safeguard measure on a good shall be within the transition period for that good and the transition period for a good shall begin from the date of entry into force of the Trade Agreement and end 5 years from the date of completion of tariff reduction or elimination for that good. Duration Rule 16 provides that the suspension of the concessions granted under the provisions of the Trade Agreement or the safeguard .....

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