INDIAASEAN TRADE IN GOODS AGREEMENT (SAFEGUARD MEASURES) RULES, 2016

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The Tax Publishers INDIA-ASEAN TRADE IN GOODS AGREEMENT (SAFEGUARD MEASURES) RULES, 2016 [Notification No. 37/2016-Cus. (N.T.), dated 4-3-2016] In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 (51 of 1975) read with sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules, namely :- 1. Short title and commencement. (1) These rules may be called the India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. (1) In these rules, unless the contact 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 increased imports have caused or are threatening to cause serious injury to the domestic industry and where delay in imposition of provisional safeguard measure would cause irreparable damage to the domestic industry; (c)Director General means the Director General (Safeguard) appointed by the Central Government under sub-rule (1) of rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997; (d)domestic industry means the producers - (i)as a whole of the like good or a directly competitive good in India; or (ii)whose collective output of the like good or a directly competitive good in India constitutes a major share of the total production of the said good in India; (e)good means material or product; (f)increased imports includes increase in imports from the member State of the Association of Southeast Asian Nations, whether in absolute terms or relative to domestic production; (g)interested party includes, - (i)any exporter or producer from the member States of the Association of Southeast Asian Nations or importer of the good subjected to investigation for purposes of taking safeguard measure or a trade or business association, majority of the members of which are producers, exporters or importers of such a good; (ii)the Governments of the exporting member States of the Association of Southeast Asian Nations; and (iii)a producer of the like good or directly competitive good in India or a trade or business association, a majority of members of which produce or trade the like good or directly competitive good in India; (h)like good means a good which is identical or alike in all respects to the good under investigation; (i)member State of the Association of Southeast Asian Nations means a country mentioned in Annexure IV to the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 189/2009-Customs (N.T.), dated the 31st December, 2009, published vide number G.S.R. 937(E), dated the 31st December, 2009 as amended from time to time; SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

INDIA-ASEAN TRADE IN GOODS AGREEMENT (SAFEGUARD MEASURES) RULES, 2016

[Notification No. 37/2016-Cus. (N.T.), dated 4-3-2016]

In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 (51 of 1975) read with sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules, namely :-

1. Short title and commencement. (1) These rules may be called the India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. (1) In these rules, unless the contact 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 increased imports have caused or are threatening to cause serious injury to the domestic industry and where delay in imposition of provisional safeguard measure would cause irreparable damage to the domestic industry;

(c)Director General means the Director General (Safeguard) appointed by the Central Government under sub-rule (1) of rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997;

(d)domestic industry means the producers -

(i)as a whole of the like good or a directly competitive good in India; or

(ii)whose collective output of the like good or a directly competitive good in India constitutes a major share of the total production of the said good in India;

(e)good means material or product;

(f)increased imports includes increase in imports from the member State of the Association of Southeast Asian Nations, whether in absolute terms or relative to domestic production;

(g)interested party includes, -

(i)any exporter or producer from the member States of the Association of Southeast Asian Nations or importer of the good subjected to investigation for purposes of taking safeguard measure or a trade or business association, majority of the members of which are producers, exporters or importers of such a good;

(ii)the Governments of the exporting member States of the Association of Southeast Asian Nations; and

(iii)a producer of the like good or directly competitive good in India or a trade or business association, a majority of members of which produce or trade the like good or directly competitive good in India;

(h)like good means a good which is identical or alike in all respects to the good under investigation;

(i)member State of the Association of Southeast Asian Nations means a country mentioned in Annexure IV to the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 189/2009-Customs (N.T.), dated the 31st December, 2009, published vide number G.S.R. 937(E), dated the 31st December, 2009 as amended from time to time;