TaxTMI 
TaxTMI 
Safeguard Measures (Quantitative Restrictions) Rules, 2012.
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....2 of 1992); (b)"Authorised Officer" means the Authorised Officer designated as such under sub-rule(1) of rule 3; (c) "increased quantity" includes increase in import whether in absolute terms or relative to domestic production; (d) "interested party" includes - (i) an exporter or foreign producer or the importer of goods (which is subject to investigation for purposes of imposition of safeguard quantitative restrictions) or a trade or business association, majority of the members of which are producers, exporters or importers of such goods; (ii) the Government of the exporting country; and (iii) a producer of the like goods or directly competitive goods in India or a trade or business association, a majority of members of which produce or trade the like goods or directly competitive goods in Indi....
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....he Central Government as to the serious injury or threat of serious injury to domestic industry consequent upon increased import of goods into India from the specified country; (d) to recommend-- (i) the nature and extent of quantitative restrictions which, if imposed, shall be adequate to remove the serious injury or threat of serious injury to the domestic industry; and (ii) the duration of imposition of safeguard quantitative restrictions and where the period so recommended is more than one year, to recommend progressive liberalisation adequate to facilitate positive adjustment; and (e) to review the need for continuance of the safeguard quantitative restrictions. 5. Initiation of investigation.--- (1) The Authorised Officer shall, on receipt of a written application by or on behalf of the domestic producer of like goods or directly competitive goods, initiate an investigation to determine the ....
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....e Authorised Officer shall, after it has decided to initiate investigation to determine serious injury or threat of serious injury to domestic industry, consequent upon the increased import of a goods into India, issue a public notice notifying its decision which, inter alia, contain information on the following, namely:- (a) the name of the exporting countries, the goods involved and the volume of import; (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 parties should be directed; and (f) the time-limits allowed to interested parties for making their views known. (2) The Authorised Officer shall forward a copy of the public ....
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....bsequently submitted in writing. (7) The Authorised Officer shall make available the evidence presented to it by one interested party to all 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 a reasonable period or significantly impedes the investigation, the Authorised Officer may record its findings on the basis of the facts available and make such recommendations to the Central Government as it deems fit under such circumstances. 7. Confidential information .-- (1) Notwithstanding anything contained in sub-rules (1), (3) and (7) of rule 6, and sub-rule (5) of rule 9, 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 Authorised Officer and not be disclosed without specific authorisation of the party providing such information. (2) The Authorised Officer may require the parties providing information on confidential basis to furnish non confidential ....
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....The Authorised Officer shall, within eight months from the date of initiation of the investigation or within such extended period as the Central Government may allow, determine whether, as a result of unforeseen developments the increased imports of the goods under investigation has caused or threatened to cause serious injury to the domestic industry, and a casual link exists between the increased imports and serious injury or threat of serious injury and recommend -- (i) the extent and nature of quantitative restrictions which, if imposed, would be adequate to prevent or remedy 'serious injury' and to facilitate positive adjustment, as the case may be; (ii) the extent of quantitative restrictions so that the quantity of imports is not reduced to the quantity of imports below the level of a recent period which shall be the average of import in the last three representative years for which statistics are available and justification if a different level is necessary to prevent or remedy serious injury; (iii) the quota to be al....
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....ve restrictions imposed under rule 10 shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of its imposition: Provided that if the Central Government is of the opinion that the domestic industry has taken measures to adjust to such serious injury or threat thereof and it is necessary that the safeguard quantitative restrictions should continue to be imposed, to prevent such serious injury or threat and to facilitate adjustments, it may extend the period beyond four years: Provided further that in no case the safeguard quantitative restrictions shall continue to be imposed beyond a period of ten years from the date on which such restrictions were first imposed. 14. Liberalization of safeguard quantitative restrictions. -- If the duration of the safeguard quantitative restrictions imposed under rule 10 exceeds one year, the restriction shall be progressively liberalised at regular intervals during the period of its imposition. 15. Review.-(1) The Authorised Officer shall, from time to....
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....uction accounted for by the domestic producers of the like or directly competitive products (in respect of those domestic producers who support the application). 5. Information on the total domestic production of the product concerned of the like or directly competitive products (in respect of all producers whether they support the application or not). Section 2: Product in respect of which increase in imports alleged 1. Name of the product 2. Description: Provide full description of the product including chemical formula, grade constituent materials / Components, process of manufacture in brief, uses and inter-changeability of various grades, etc. 3. Tariff classification: Provide the classification of the product under the HS classification as well as Indian customs Tariff Classification at 6/8/10 digit level 4. Import Duty: Provide information relating to rates of import duty levied during the past three years. If the product enjoys any concessional or preferential treatment, provide details. 5. Country(ies) of Origin: Provide name(s) of country(ies) where the product has originated (where the country of origin is different then the country of export, the na....
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....e undercutting / price depression / prevention of rise in prices. Information on costs of production and how the increased imports have affected the prices of domestic production needs to be provided. c. Any significant idling of production facilities in the industry including data indicating plant closure or fall in normal production capacity utilization. d. Loss of employment e. Financial situation Full information on the financial situation of the domestic industry including information on decline in sales, growing inventory, downward trend in production, profits, productivity or increasing unemployment needs to be provided. 2. Other Factors of Injury: Provide details of any other factors that may be attributing to the injury to the domestic industry and an explanation that injury caused by these other factors is not attributed to injury caused by increased imports. (Information on injury caused due to dumping or subsidization, if any, needs to be specifically provided here. Also mention if any application for anti-dumping or countervailing duty investigation has been filed). Section 6: Cause of Injury: Please provide an analysis of data presented above brin....