Rule 5 - Principles governing investigation

Safeguard investigation procedures: notice, information requests, evidence sharing, and adverse findings for non cooperation.

The Director General must issue a public notice when initiating an investigation into alleged serious injury from increased imports under the India ASEAN Trade in Goods Agreement, specifying exporting countries, the good, initiation date, factual summary, reasons, address for representations and time limits. Copies of the notice and the application must be forwarded to the Central Government, relevant Ministries, known exporters, exporting State governments, other ASEAN member States and interested parties, and made available on request. The Director General may call for information to be furnished within thirty days, permit industrial users and consumer organisations to submit information, require written follow up to oral submissions, share evidence among parties, and may base findings on facts available where a party does not cooperate. Safeguard measures do not apply where an ASEAN member State's import share does not exceed three per cent.