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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 12/2021-Customs (N.T.)
New Delhi, the 1st February, 2021
G.S.R. .… (E).- In exercise of the powers conferred
by sub-section (10) of section 8B of the Customs Tariff Act, 1975 (51 of
1975), the Central Government hereby makes the following rules to amend the
Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997,
namely:-
1. Short title and commencement. — (1) These rules may be called the
Customs Tariff (Identification and Assessment of Safeguard Duty) Amendment
Rules, 2021.
(2) They shall come into force on the 2nd February, 2021.
2.
In the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules,
1997 (hereinafter referred to as the said rules), in rule 1, in sub-rule (1),
for the word “Duty”, the word “Measures” shall be substituted.
3. In the
said rules, in rule 2,-
(a) in clause (b), for the word “duty”, the word
“measure” shall be substituted;
(b) in clause (d), in sub-clause (i), for the
word “duty”, the word “measures” shall be substituted;
(c) for clause (f),
the following clause shall be substituted, namely: -
‘(f) “provisional
measure” means provisional safeguard measure imposed under sub- section (5)
of section 8B of the Act;’;
(d) after clause (f), the following clause shall
be inserted, namely: -
‘(fa) “safeguard measure” means safeguard duty, or a
tariff rate quota or such other measures
imposed under sub-section (1) of
section 8B of the Act;’;
(e) after clause (g), the following clause shall be
inserted, namely:-
‘(ga) “WTO” means the World Trade Organisation;’;
4. In
the said rules, in rule 3, for the word “Safeguard” occurring at both the
places, the words “Trade Remedies” shall be substituted.
5. In the said
rules, in rule 4,-
(a) in clause (2), for the word “duty”, the word “measure”
shall be substituted;
(b)in clause (4),-
(i) for the word “duty” occurring
at both the places, the word “measure” shall be substituted;
(ii) in
sub-clause (ii), the word “positive” shall be omitted;
(c) in clause (5), for
the word “duty”, the word “measure” shall be substituted.
6. In the said
rules, in rule 5,-
(i) in sub-rule (2), in clause (b), the word “positive”
shall be omitted;
(ii) in sub-rule (4), for the words “Commissioner of
Customs”, the words “Principal Commissioner of Customs or Commissioner of
Customs, as the case may be,” shall be substituted.
7. In the said rules,
in rule 6, in sub-rule (1), for clause (i), the following clause shall be
substituted, namely: -
“(i) the name of the exporting countries, article
involved and volume of imports.”.
8. In the said rules, for rule 8, the
following rule shall be substituted, namely: -
“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 the following principles, namely: -
(i) in the investigation to
determine whether increased imports have caused or threatening to cause
serious injury to the domestic industry, the Director General shall evaluate all
relevant factors of an objective and quantifiable nature having a bearing on the
situation of that industry, in particular, the rate and amount of the
increase in imports of the article concerned in absolute and relative terms,
the share of the domestic market taken by increased imports, changes in the
level of sales, production, productivity, capacity utilisation, profits and
losses, and employment;
(ii) the determination referred to in clause (i)
shall not be made unless the investigation demonstrates, on the basis of
objective evidence, the existence of the causal link between increased
imports of the article concerned and serious injury or threat thereof and
when factors other than increased imports are causing injury to the domestic
industry at the same time, such injury shall not be attributed to increased
imports and in
such cases, the Director General may refer the complaint to
the authority for antidumping or countervailing duty investigations, as
appropriate.”.
9. In the said rules, in rule 10, -
(i) for the word “duty”
wherever it occurs, the word “measure” shall be substituted;
(ii) for the
words, brackets and figures “sub-section (2)”, the words, brackets and figures
“sub-section (5)” shall be substituted.
10. In the said rules, in rule 11, -
(i) for sub-rule (2), the following sub-rule shall be substituted, namely: -
“(2) (a) The Director General shall also give recommendations regarding the
extent of measure which, if levied, would be adequate to prevent or remedy
serious injury and to facilitate adjustment;
(b) the level of tariff rate
quota, if imposed as a measure, may be determined having regard to the
following conditions, namely:-
(i) maintaining traditional trade flow of the
article over the representative period;
(ii) the existing and likely demand
supply scenario in the country; and
(iii) any other condition that may be
considered relevant:
Provided that the tariff rate quota applied shall not
reduce the quantity of imports below the level of the recent period, which
shall be the average of imports in the last three years for which statistics
are available, unless a different level is deemed necessary to prevent or
remedy serious injury;
(c) tariff rate quota may be global or country
specific;
(d) specific tariff rate quota may be allocated to countries with
substantial interest, considering the proportion of the share of imports of
the article concerned into the country during a representative period, and
having regard to all relevant factors which may have or are likely to affect
the trade in the article;
(e) in a case where the tariff rate quota is
country specific, a residual tariff rate quota shall be provided for all
other countries and in case the countries with specific tariff rate quota
exhaust their specific tariff rate quotas, such countries may use the residual
tariff rate quota available;
(f) any unused tariff rate quota may be
carried forward and added to the tariff rate quota for the subsequent
period.”;
(ii) in sub-rule (3), -
(a) for the word “duty”, the word
“measure” shall be substituted;
(b) in the proviso, the word “positive” shall
be omitted.
11. In the said rules, in rule 12, for the word “duty”, wherever
it occurs, the word “measure” shall be substituted.
12. In the said rules,
in rule 13,-
(i) for the word “duty”, occurring at both the places, the word
“measure” shall be substituted;
(ii) a proviso shall be inserted, namely:-
“provided that no such measure shall be applied on an article originating from a
developing country so long as the share of imports of that article from that
country does not exceed three per. cent or where the article is originating
from more than one developing country, then, so long as the aggregate of the
imports from each of such developing countries with less than three per. cent
import share taken together, does not exceed nine per. cent of the total
import of that article in India”.
13. In the said rules, in rule 14, for the
word “duty” wherever it occurs, the word “measure” shall be substituted.
14. In the said rules, for rule 15, the following rule shall be substituted,
namely –
“15. Refund of duty. - If the safeguard measure imposed as a duty
after the conclusion of the investigation is lower than the provisional
measure in the form of a duty already imposed and collected, the differential
shall be refunded to the importer.”.
15. In the said rules, in rule 16, -
(i) for the word “duty” wherever it occurs, the word “measure” shall be
substituted;
(ii) in sub-rule (1), the word “positive” shall be omitted.
16. In the said rules, in rule 17, for the word “duty” wherever it occurs, the
word “measure” shall be substituted.
17. In the said rules, in rule 18, -
(i) for the word “duty” wherever it occurs, the word “measure” shall be
substituted;
(ii) in sub-rule (1), in clause (i), the word “positively” shall
be omitted;
(iii) after sub-rule (1), the following sub-rule shall be
inserted, namely-
“(1A) The Director General may review the usage and
implementation of the tariff rate quota for any modification.”;
(iv) in
sub-rule (2), after the words, brackets and figures “sub-rule (1)”, the words,
brackets and figures “or sub-rule (1A)” shall be inserted.
18. In the said
rules, after rule 18, the following rule shall be inserted, namely: -
“19.
Notification and consultation. – (1) The Central Government shall notify to the
WTO of all actions required under the WTO Agreement on Safeguards.
(2)
Before imposition of a safegaurd measure, an opportunity to hold consultations
with the members of the WTO having substantial interest as exporters of the
product concerned, shall be provided”.
19. In the said rules, the ANNEXURE
shall be omitted.
[F.No.334/02/2021-TRU]
(Rajeev Ranjan)
Under Secretary to the Government of India.
Note:- The principal rules was
published vide notification number 35/1997-Customs (N.T), dated the 29th
July, 1997, in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 428(E), dated the 29th July, 1997.
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