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Seeks to notify the India - Korea Comprehensive Economic Cooperation Agreement (Bilateral Safeguard Measures) Rules, 2017

Customs - 77/2017 - Dated:- 4-8-2017 - GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) (Central Board of Excise and Customs) NOTIFICATION No. 77/2017 - Customs (N.T.) New Delhi, the 4th August, 2017 G.S.R. 992 (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 name .....

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Identification and Assessment of Safeguard Duty) Rules, 1997; (b) "domestic industry" means the producers - (i) as a whole of the like or directly competitive goods operating in the territory of India; or (ii) whose collective output of the like or directly competitive goods constitutes a major proportion of the total domestic production of those goods; (c) "increased imports" includes increase in imports from the Republic of Korea whether in absolute terms or relative to dom .....

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, a majority of members of which produce or trade the like good or directly competitive good in India; (e) originating good means a good which qualifies as an originating good under the provisions of the Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of the Republic of India and the Republic of Korea) Rules, 2009 notified vide notification of the Government of India, Ministry of Finance, Department of Revenue, No. 187/2009 - Custom .....

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c of India and the Republic of Korea. (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 Acts. 3. Duties of the Director General.- It shall be the duty of the Director General,- (a) to investigate whether increased imports of an originating good into India, as a result of reduction or elimination of a customs duty in terms of the Trade .....

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ilisation, 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 domestic industry caused by imports of an originating good into India as a result of the reduction or elimination of a customs duty under the Trade Agreement; (d) to recommend bilateral safeguard measure which if adopted would be adequate to prevent or remedy serious injury; (e) to recommend the duration of the bilat .....

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limination of 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 of the originating good and the alleged serious injury or threat of serious injury; and (iv) the reduction or elimination of a customs duty under the Agreement being a cause which contributes significantly to .....

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ease in imports shall not by itself preclude the determination that an originating good is being imported as a result of such reduction or elimination; and (b) a statement on the efforts being taken, or planned to be taken, 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 .....

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stitutes 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. (4) Notwithstanding anything contained in sub-rule (1), the Director General may initiate an investigation suo moto if he is satisfied with the information received from any Principal Commissioner of Customs or Commissioner of Customs appointed under the Customs Act, 1962 (52 of 1 .....

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Agreement, issue a public notice, notifying the decision thereto and such public notice shall, inter alia, contain adequate information on the following, namely:- (a) precise description of the good subject to investigation; (b) the date of initiation of the investigation; (c) a summary statement of the facts on which the allegation of serious injury or threat of serious injury is based; (d) reasons for initiation of the investigation; (e) the address to which representations by interested parti .....

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aten to cause serious injury to the domestic industry; (c) the Government of the Republic of Korea; and (d) any other interested parties, as deemed fit by the Director General. (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 Ministry of Commerce and Industry; (b) the concerned trade associations or the known exporters of the originating good, the increased imports of which have been alleged to caus .....

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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 the Director General by registered post or transmitted to the appropriate diplomatic representative of the Government of the Republic of Korea. (5) The Director General may also prov .....

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bsequently submitted in writing, within the time frame prescribed 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 provide necessary information within the period specified by the Director General or significantly impedes the investigation, the Director General may record the .....

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losed 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 sat .....

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he 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 that industry, in particular, the rate and amount of the increase in imports of the originating good in absolute and relative terms, the share of the domestic market taken by increased imports of the originating good, changes in the level of sales, production, productivity .....

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rts of the originating goods. 8. Preliminary findings.- (1) The Director General shall proceed expeditiously with the conduct of the investigation and in critical circumstances, where there is clear evidence that increased imports have caused or are threatening 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, may record a preliminary finding reg .....

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the basis of the preliminary findings of the Director General, may - (a) suspend further reduction of any rate of customs 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 at the time when the bilateral safeguard measure is taken; and (ii) the Most Favoured Nation applied rate of cus .....

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nvestigation, as the Central Government may allow, determine whether, - (a) the increased imports of the originating 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 reduction or elimination of a custom duty under the Trade Agreement and serious injury or threat of serious injury. (2) The Director General shall also give his recommendation regarding bil .....

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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 notify the final findings. (6) The Director General shall send a copy of such notification of final findings to - (a) the Central Government in the Ministry of Commerce and Industry and in the Ministry of Finance; (b) the Government of the Republic of Korea. 11. Application of bilateral safeguard measure.- (1) On receipt of the .....

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ade 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 at the time when the bilateral safeguard measure is taken; and (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) No bilateral safeguard measure under these .....

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section (1) of section 8B of the Customs Tariff Act, 1975 (51 of 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 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 imposed, if any. .....

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tained in sub-rule (1), where a provisional bilateral 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 bilateral safeguard measure shall take effect from the date of notification imposing the provisional bilateral safeguard measure. 13. Refund of duty.- If the bilateral safeguard measure taken .....

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he date of completion of tariff elimination or completion of tariff reduction, as the case may be for that originating good. 15. Duration.- (1) The suspension of the concessions granted under the provisions of the Trade Agreement or 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 serious injury and to facilitate adjustment. (2) Notwithstanding anything contained in sub-rule (1) the bilateral sa .....

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