Indian Customs Rules- Customs Tariff (Identification and Assessment of Safeguard Duty), Rules 1997.

CUSTOMS TARIFF (IDENTIFICATION AND ASSESSMENT OF SAFEGUARD DUTY) RULES, 1997

1. Short title and commencement
2. Definitions
3. Appointment of Director General (Safeguard).
4. Duties of the Director General
5. Initiation of Investigation
6. Principles Governing Investigation-

CUSTOMS TARIFF (IDENTIFICATION AND ASSESSMENT OF SAFEGUARD DUTY) RULES, 1997
Notification No. 35/97-Cus. (N.T.), dated 29-7-1997.

In exercise of the powers conferred by sub-section (5) of section 8B of the Customs Tariff Act, 1975 (51 of 1975) the Central Government hereby makes the following rules, namely :-

1. Short title and commencement. -
   1. These rules may be called the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997.
   2. They shall come into force on the date of their publication in the Official gazette.
2. Definitions. - In these rules, unless the context otherwise requires, -
   1. "Act" means the Customs Tariff Act, 1975 (51 of 1975);
   2. "Critical circumstances" means circumstances in which there is clear evidence that imports have taken place in such increased quantities and under such circumstances as to cause or threaten to cause serious injury to the domestic industry and delay in imposition of provisional safeguard duty would cause irreparable damage to the domestic industry;
   3. "increased quantity" includes increase in imports whether in absolute terms or relative to domestic production;
   4. "Interested Party" includes -
      1. any exporter or foreign producer or the importer of an article subjected to investigation for purposes of imposition of safeguard duty or a trade or business association, majority of the members of which are producers, exporter or importers of such an article;
      2.  the government of the exporting country; and
      3. a producer of the like article or directly competitive article in India or a trade or business association, a majority of members of which produce or trade the like article or directly competitive article in India;
   5. "like article" means an article which is identical or alike in all respects to the article under investigation;
   6. "Provisional Duty" means a safeguard duty imposed under sub-section (2) of section 8B of the Act;
   7. "Specified Country" means a country or territory which is a member of the World Trade Organisation and includes the country or territory with which the Government of India has an agreement for giving it the most favoured nation treatment;
   8. all words and expressions used and not defined in these rules shall have the meanings respectively assigned to them in the Act.
3. Appointment of Director General (Safeguard). -
   1. The Central Government may, by notification in the official Gazette, appoint an officer not below the rank of a Joint Secretary to the Government of India or such other officer as it may think fit as the Director General (Safeguard) hereinafter referred to as the Director General for the purposes of these rules.
   2. The Central Government may provide to the Director General the services of such other persons and such other facilities at it deems fit.
4. Duties of the Director General.- Subject to the provisions of these rules, it shall be the duty of the Director General -
   1. to investigate the existence of "serious injury" or "threat of serious injury" to domestic industry as a consequence of increased import of an article into India;
   2.  to identify the article liable for safeguard duty;
   3. to submit his findings, provisional or otherwise to the Central Government as to the "serious injury" or "threat of serious injury" to domestic industry consequent upon increased import of an article from the specified country;
   4. to recommend, -
      1. the amount of duty which if levied would be adequate to remove the injury or threat of injury to the domestic industry;
      2. the duration of levy of safeguard duty and where the period so recommended is more than a year, to recommend progressive liberalisation adequate to facilitate positive adjustment.
   5. to review the need for continuance of safeguard duty.
5. 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 article or directly competitive article, initiate an investigation to determine the existence of "serious injury" or "threat of serious injury" to the domestic industry, caused by the import of an article in such increased quantities, absolute or relative to domestic production.
   2. An application under sub-rule (1) shall be in the form as may be specified by the Director General in this behalf and such application shall be supported by, -
      1.  evidence of, -
         1. increased imports;
         2. serious injury or threat of serious injury to the domestic industry;
         3. a causal link between imports and the alleged serious injury or threat of serious injury; and
      2. a statement on the efforts being taken, or planned to be taken, or both, to make a positive 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 that there is sufficient evidence regarding -
      1. increased imports;
      2. serious injury or threat of serious injury; and
      3. a causal Iink between increased imports and alleged injury or threat of serious injury.
   4. Notwithstanding anything contained in sub-rule (1), the Director General may initiate an investigation suo motu if he is satisfied with the information received from any Commissioner of Customs appointed under the Customs Act, 1962 (52 of 1962) or any other source that sufficient evidence exists as referred to in clause (a), clause (b) and clause (c) of sub-rule-(3)
6. Principles Governing Investigation-
   1. The Director General shall, after he has decided to initiate investigation to determine the serious injury or threat of serious injury to domestic industry, consequent upon.the increased import of an article into India, issue a public notice notifying his decision thereto. The public notice shall inter alia, contain adequate information oh the following, namely:-
      1. the name of the exporting countries and the article involved;
      2. the date of initiation of the investigation;
      3. a summary statement of the facts ori which the allegation of serious injury or threat of serious injury is based; \
      4. reasons for initiation of investigation.
      5. the address to which representations, by interested parties should bedirected; and
      6. the time-limits allowed to interested parties for making their viewsknown.
   2. A copy of the public notice shall be forwarded by the Director General to the Central Government in the Ministry of Commerce and other Ministries concerned, known exporters of the article the increased import of which has been alleged to cause or threaten to cause serious injury to the domestic industry, the governments of the exporting countries concerned and other interested parties.
   3. The Director General shall also provide a copy of the application referred to in sub-rule (1) of rule 5 to-
      1. the known exporters, or the concerned trade association;
      2. the governments of the exporting countries; and
      3. the Central Government in the Ministryof Commerce;
         Provided that the Director General shall also make available a copy of the application, upon request in writing, to any other interested party.
   4. The Director General may issue a notice calling for any information in such form as may be specified by him from the exporters, foreign producers and governments of interested countries and such informatioh shall be furnished by such persons and governments in writing within thirty days from the date of receipt of the notice or with in 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 onwhich these documents were sent by the Director General by registered post or transmitted to the appropriate diplomatic representative of the exporting country.
   5. The Director General shall also provide opportunity to the industrial user of the article under investigation, and to representative consumer organisations in cases where the article is commonly sold at retail level to furnish information which is relevant to the investigation.
   6. The Director General may allow an interested party or its representative 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.
   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.