Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 [Notification No. 35/97-Cus. (N.T.); dated 29-7-1997.] In exerc

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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 - These rules may be called the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997. 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, (a) "Act means the Customs Tariff Act; 1975 (51 of 1975); (b) "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 safe- guard duty would cause irreparable damage to the domestic industry; (c) 'increased quantity" includes increase in imports whether in absolute terms or relative to domestic production; (d) "Interested Party" includes 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; (ii) the government of the exporting country; and (iii) 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; (e) "like article" means an article which is identical or alike in all respects to the article under i

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7 · Confidential information: 1) Notwithstanding anything contained in sub-rules (1), (3) and (7) of rule 6, sub-rule (2) of rule 9 and sub-rule 5) of rule 11,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 Director General and shall not be disclosed 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; such information 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 satisfied that the request for confidentiality is not warranted or the supplier of the information is unwilling either to make the information public or to authorise its disclosure in a generalised or summary form, he may disregard such information unless it is demonstrated to his satisfaction from appropriate sources that such information is correct. 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, inter alia, the principles laid down in Annex to these rules_ 9_ Preliminary findings: (1) The Director General shall proceed expeditiously with the conduct of the investigation and in critical circumstances, he may record a preliminary findings regarding serious injury or threat of serious injury. (2) The Director General shall issue public notice regarding his preliminary findings. (3) The Director General shall send copy of the public notice to the Central Government in the Ministry of Commerce and in the Ministry of Finance 10. Levy of provisional duty: The Central Government may in accordance with the provisions of sub-section (2) of section 8B of the Act; impose a provisional duty on the basis of the preliminary findings of the Director General Provided that such duty shall remain in force only for a period not exceeding two hundred days from the date on which it was imposed: 11. Final findings: (1) The Director General shall, within 8 months from the date of initiation of the investigation or within such extended period as the Central Government may allow; determine whether, (a) the increased imports of the article under investigation has caused or threatened to cause serious injury to the domestic industry, and (b) a causal link exists between the increased imports and serious injury or threat of serious injury: (2) The Director General shall also give its recommendation regarding amount of duty which, if levied, would be adequate to prevent or remedy serious injury and to facilitate positive adjustment: