TMI BlogSeeks to further amend Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 to provide for the manner of application of safeguard measures including tariff-rate quota and make certain other miscellaneous changes.X X X X Extracts X X X X X X X X Extracts X X X X ..... cation and Assessment of Safeguard Duty) Rules, 1997 , namely:- 1. Short title and commencement. - (1) These rules may be called the Customs Tariff (Identification and Assessment of Safeguard Duty) Amendment Rules, 2021. (2) They shall come into force on the 2nd February, 2021. 2. In the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 (hereinafter referred to as the said rules), in rule 1 , in sub-rule (1), for the word Duty , the word Measures shall be substituted. 3. In the said rules, in rule 2, - (a) in clause (b), for the word duty , the word measure shall be substituted; (b) in clause (d), in sub-clause (i), for the word duty , the word measures shall be substituted; ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substituted, namely: - (i) the name of the exporting countries, article involved and volume of imports. . 8. In the said rules , for rule 8 , the following rule shall be substituted, namely: - 8. 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 the following principles, namely: - (i) in the investigation to determine whether increased imports have caused or threatening to cause serious injury to the domestic industry, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... measure, may be determined having regard to the following conditions, namely:- (i) maintaining traditional trade flow of the article over the representative period; (ii) the existing and likely demand supply scenario in the country; and (iii) any other condition that may be considered relevant: Provided that the tariff rate quota applied shall not reduce the quantity of imports below the level of the recent period, which shall be the average of imports in the last three years for which statistics are available, unless a different level is deemed necessary to prevent or remedy serious injury; (c) tariff rate quota may be global or country specific; (d) specific tariff rate quota may be allocated to countries with substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with less than three per. cent import share taken together, does not exceed nine per. cent of the total import of that article in India . 13. In the said rules , in rule 14 , for the word duty wherever it occurs, the word measure shall be substituted. 14. In the said rules , for rule 15 , the following rule shall be substituted, namely 15. Refund of duty. - If the safeguard measure imposed as a duty after the conclusion of the investigation is lower than the provisional measure in the form of a duty already imposed and collected, the differential shall be refunded to the importer. . 15. In the said rules , in rule 16 , - (i) for the word duty wherever it occurs, the word measure shall be substituted; (ii ..... X X X X Extracts X X X X X X X X Extracts X X X X
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