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Seeks to notify the India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules 2017

Customs - 7/2017 - Dated:- 24-1-2017 - GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF EXCISE AND CUSTOMS) Notification - No. 7/2017 - Customs (N. T.) New Delhi, the 24th January, 2017 G.S.R. 68 (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 and section 156 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules .....

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ng to cause serious injury to the domestic industry and where delay in imposition of provisional bilateral safeguard measure would cause damage to the domestic industry which would be difficult to repair; (b) 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; (c) domestic industry means the producers,- (i) as a whole of the like or directly co .....

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on for purposes of taking bilateral 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 Government of Japan; 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 competitive good in India; (g) originating good means a good which qualifies as an originating good under t .....

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(i) threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent; (j) Trade Agreement means the Comprehensive Economic Partnership Agreement between the Republic of India and Japan‟. (2) Words and expressions used herein and not defined, but defined in the Customs Tariff Act, 1975 (51 of 1975) and the Customs Act, 1962 (52 of 1962) shall have the meanings respectively assigned to them in those .....

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industry, in particular, the rate and amount of the increase in imports of originating good in absolute and relative terms, the share of the domestic market taken by the increased imports of the originating good, changes in the level of sales, production, productivity, capacity utilisation, profits and losses and employment; (c) to submit his findings, provisional or otherwise, to the Central Government as to the serious injury or threat of serious injury to the domestic industry caused by incr .....

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ateral safeguard measure. 4. Initiation of investigation.- (1) Except as provided in sub-rule (4), the Director General shall, on receipt of a written application by or on behalf of the domestic producer of like good or directly competitive good, initiate an investigation to determine the existence of serious injury or threat of serious injury to the domestic industry, caused by increased imports of an originating good as a result of the elimination or reduction of customs duty under the Trade A .....

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he Trade Agreement being a cause which contributes significantly to the increase in imports of the originating good and such increase in imports constitutes a substantial cause of serious injury to domestic industry: Provided that 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 (b) a statement on the efforts being made, or planned to be made, or both, to make an adjustment to import competition. (3) The D .....

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mination of a customs duty under the Trade Agreement, contributing significantly to the increase in imports of the originating good and such increase in imports constitutes a substantial cause of serious injury or threat thereof to domestic industry: Provided that 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. (4) Notwithstanding anything contained in sub-rule (1), the Director General may initiate an invest .....

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upon the increased imports of an originating good into India as a result of the elimination or reduction of a customs duty under the Trade Agreement, the Director General shall issue a public notice on initiation of investigation and the public notice shall, inter alia, contain adequate information on the following, namely:- (a) a precise description of the originating good subject to the investigation and its classification under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975); .....

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copy of the public notice to - (a) the Central Government in the Ministry of Commerce and Industry and other Ministries concerned, as he deems fit; (b) the concerned trade associations or known exporters of the originating good, the increased imports of which have been alleged to cause or threaten to cause serious injury to the domestic industry; (c) the Government of Japan; and (d) other interested parties, as he deems fit. (3) The Director General shall also provide a copy of the application r .....

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rters, foreign producers and Government of Japan and such information shall be furnished by them and the Government of Japan in writing to the Director General within thirty days from the date of receipt of the notice or within such extended period as the Director General 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 sent by th .....

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e 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, within the time frame specified by the Director General. (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 .....

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by nature confidential or which is provided on a confidential basis shall, upon cause being shown, be treated as such by the Director General and shall not be disclosed without specific authorisation of the party providing such information. (2) The Director General may require the parties providing information on confidential basis to furnish non-confidential summary thereof and if, in the opinion of the party providing such information, the same cannot be summarised, such party may submit to th .....

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n is correct. 7. Determination of serious injury or threat of serious injury.- The Director General shall determine serious injury or threat of serious injury to the domestic industry taking into account, inter alia, the following principles, namely:- (a) the Director General shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry, in particular, the rate and amount of the increase in imports of the originating good i .....

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hen factors other than increased imports of the originating good are causing injury to the domestic industry at the same time, such injury shall not be attributed to the increased imports of the originating good. 8. Preliminary findings.- (1) The Director General shall proceed expeditiously with the conduct of the investigation and in critical circumstances, may record a preliminary finding regarding serious injury or threat of serious injury to the domestic industry as a result of increased imp .....

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ms duty on the originating good provided for under the Trade Agreement; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day when the bilateral safeguard measure is taken; or (ii) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day immediately preceding the date of entry into force of the Trade Ag .....

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good under investigation has caused or threatened to cause serious injury to the domestic industry; and (b) a causal link exists between the increased imports of the originating good due to the elimination or reduction of a customs duty under the Trade Agreement and serious injury or threat of serious injury. (2) The Director General shall also give his recommendation regarding bilateral safeguard measure which would be adequate to prevent or remedy the serious injury and to facilitate adjustme .....

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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 - (a) the Central Government, in the Ministry of Commerce and Industry and in the Ministry of Finance; (b) the Government of Japan. 11. Application of bilateral safeguard measure.- (1) On receipt of the recommendation of the Director General, in order to prevent or remedy the serious in .....

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o a level not to exceed the lesser of: (i) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day when the bilateral safeguard measure is taken; or (ii) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day immediately preceding the date of entry into force of the Trade Agreement. (2) In case, the final findings of the Director General is contrary to the prima facie evidence on the basis of which the investi .....

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een in effect but for the bilateral safeguard measure. 12. Date of commencement of bilateral safeguard measure.- (1) The bilateral safeguard measure applied under rule 9 and rule 11 shall take effect from the date of publication of the notification, in the Official Gazette, imposing such bilateral safeguard measure. (2) Notwithstanding anything contained in sub-rule (1), where a provisional bilateral safeguard measure has been imposed and where the Director General has recorded a finding that in .....

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sure already taken, the differential duty collected shall be refunded to the importer. 14. Duration.- (1) The bilateral safeguard measure applied under rule 11 shall be only to the extent and for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment. (2) Notwithstanding anything contained in sub-rule (1) of this rule, the bilateral safeguard measure applied under rule 11 shall not exceed a period of three years from the date of its impositio .....

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