TMI BlogIndia-Malaysia Comprehensive Economic Cooperation Agreement (Bilateral Safeguard Measures) Rules, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 ; (b) domestic industry means, with respect to an imported good, the producers - (i) as a whole of the like good or directly competitive good in India; or (ii) whose collective production of the like good or directly competitive good in India constitutes a major proportion of the total domestic production of the such good in India; (c) good means any merchandise, product, article or material; (d) increased imports means increase in imports from Malaysia whether in absolute terms or relative to domestic production; (e) interested party includes, - (i) any exporter or producer from Malaysia or importer of the good subjected to investigation 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 good; (ii) the Government of Malaysia; 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; (f) like good means a good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich if adopted would be adequate to prevent or remedy serious injury; (e) to recommend the duration of the bilateral safeguard measure and where the period so recommended is more than one year, to recommend progressive liberalisation necessary to facilitate adjustment; and (f) to review the need for continuation of a bilateral safeguard measure. 4. Initiation of Investigation. -(1) 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 result of the reduction or elimination of a customs duty under the Trade Agreement. (2) An application under sub-rule (1) shall be supported by,- (a) evidence of - (i) increased imports of the originating good; (ii) serious injury or threat of serious injury to the domestic industry; (iii) a causal link between imports and the alleged serious injury or threat of serious injury; and (iv) the reduction or elimination of a customs duty pursuant to the Trade A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dule to the Customs Tariff Act, 1975 (51 of 1975); (b) the date of initiation of the investigation; (c) the period subject to the investigation; (d) a summary statement of the facts on which the allegation of serious injury or threat of serious injury is based; (e) reasons for initiation of the investigation; (f) the address to which representations by interested parties should be directed; and (g) the time-limits allowed to interested parties for providing their views 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 Industry and other Ministries concerned, as he deems fit; (b) the concerned trade associations or the known exporters of the originating good, the increased import of which has been alleged to cause or threaten to cause serious injury to the domestic industry; (c) the Government of Malaysia; and (d) any other interested parties, as the Director General deems fit. (3) The Director General shall also provide a copy of the application referred to in sub-rule (1) of rule 4 to - (a) the Central Government in the Mini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts of the originating good from Malaysia represent less than three per cent. of total imports of the good. 6. Confidential information. -(1) Notwithstanding anything contained in sub-rules (1), (3) and (7) of rule 5, sub-rule (2) of rule 8 and sub-rule (5) of rule 10, any information which is 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 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 either to make the information public or to authorise its disclosure in a generalised or summary form, he may disregard suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Director General, may - (a) suspend further reduction of any rate of customs duty on the originating good provided for under the Trade Agreement from the day when the bilateral safeguard measure is taken; 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 custom 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 custom duty on the originating good in effect on the day immediately preceding the date of the start of the period of investigation. (2) The bilateral safeguard measure under sub-rule (1) shall remain in force only for a period not exceeding two hundred days from the date of its imposition. 10. Final findings. -(1) The Director General shall, within eight months from the date of initiation of the investigation, or within an extended period not exceeding one year from the date of initiation of the investigation, as the Central Government may allow, determine whether, - (a) the increased imports of the originating good under investigation have caused or threate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... safeguard measure under these rules may be imposed in respect of a good on which actions under sub-section (1) of section 8B of the Customs Tariff Act, 1975 (51 of 1975) is in place and in the event of a safeguard duty being imposed in respect of a good under sub-section (1) of section 8B of the Customs Tariff Act,1975 (51 of 1975) , any existing bilateral safeguard measure which has been imposed under these rules in respect of that good shall be terminated prior to the imposition of the action under the sub-section (1) of section 8B of the Customs Tariff Act,1975 (51 of 1975). (3) On termination of a bilateral safeguard measure, the rate of customs duty for an originating good subject to the measure shall be the rate which would have been in effect under the Trade Agreement on the date of termination as if the bilateral safeguard measure had never been applied. (4) In case, in the final finding of the Director General there is no recommendation for applying bilateral safeguard measure, the Central Government shall within thirty days of the publication of final findings by the Director General under rule 10, withdraw the provisional bilateral safeguard measure imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l terminate at the end of the transition period for such originating good as specified in rule 14. (4) No bilateral safeguard measure under these rules shall be applied again to the import of an originating good that has previously been subject to such bilateral safeguard measure for a period of one year from the date of expiry of the bilateral safeguard measure and the duration of such bilateral safeguard measure shall be less than the duration of the previous bilateral safeguard measure on the same good. 16. Liberalisation of safeguard measure. -If the duration of the application of bilateral safeguard measure under rule 11 is more than one year, the bilateral safeguard measure shall be progressively liberalised at regular intervals during the period of its application, including the period of its extension. 17. Review .-(1)The Director General may review the need for continued application of the bilateral safeguard measure and, if he is satisfied on the basis of information received that - (a) the bilateral safeguard measure is necessary to prevent or remedy serious injury and there is evidence that the industry is adjusting, he may recommend to the Central Governm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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