(1) The Authorised Officer shall, from time to time, review the need for continued imposition of the safeguard quantitative restrictions and shall, if, it is satisfied on the basis of information received that -
(a) safeguard quantitative restrictions is necessary to prevent or remedy serious injury and there is evidence that the industry is adjusting positively, it may recommend to the Central Government for the continued imposition of quantitative restrictions;
(b) there is no justification for the continued imposition of such restriction; recommend to the central Government for its withdrawal:
Provided that where the period of imposition of safeguard quantitative restrictions exceeds three years, the Authorised Officer shall review the situation not later than the midterm of such imposition, and, if appropriate, recommend for withdrawal of such 20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] safeguard quantitative restrictions or for the increase of the liberalisation of quantitative restrictions.
/2) Any review initiated under sub-rule (1), shall be concluded within a period not exceeding eight months from the date of initiation of such review or within such extended period as the Central Government may allow.
O) The provisions of rules 5, 6, 7 and 9 shall, mutatis mutandis, apply in the case of review under this rule.
[F.No.Ol/92/180/106/AMll/PC-VI/PRA] ANUP K. PUJARI, Director Gener. > of Foreign Trade FORM [See rule 5(2))] Information to be provided by Applicant for Safeguard Investigation Table of Contents Section 1 General Information Section 2 Product in respect of which Increase in Imports Noticed Section 3 Increased Imports Section 4 Domestic Production Section 5 Injury Section 6 Cause of Injury Section 7 Submissions Section 8 Annexes Section 1 : General Information
1. Date of Application
2. Applicant(s) Provide name(s) and address(es) of the applicant(s) [Tmil—*3*S3(i)] TRA ^ r IM^M : srcnsrT^ 21
3. Domestic Producers of the like or directly competitive products on whose behalf the application is filed (Give details of all domestic producers who support the application) along with their IEC, where applicable)
4. Information on production 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 interchangeability 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 name of the country of origin should also be provided).
6. Provide a list of all known foreign producers, exporters & importers of the imported product, country-wise, together with names and addresses of concerned trade associations and user associations etc,
7. Information on major industrial users, organization of industrial users and representative consumer organisations. (In case the product is commonly sold at retail level).
8. Export Price: Details of export price of the imported Product exporter / country-wise and the basis thereof (provide the f.o.b. / c.i.f. price at which the goods enter into India).
Section 3: Increased Imports
1. Provide full and detailed information regarding the imports of the said product in terms of quantity and value year wise for the last three years (or longer).
2. Provide break up of (1) above country wise in absolute terms as well as a percentage of the total imports of the said product.
3. Provide full and detailed information on the share of the imported products and the share of the domestic production of the like product and the directly competitive products in the total domestic consumption for the last three years (or longer) both in terms of quantity and value.
22 THE GAZETTE OF INDIA : EXTRAORDINARY [PACT II—SEC. 3(i)l
4. Provide information on factors that may be attributing to increased imports.
Section 4; Domestic Production
1. Details of the like product end directly competitive products produced by the domestic producers. Information similar to II above i.e.
i. Name ii. Description iii. Tariff classification both under the Central Excise Tariff as well as under the Customs Tariff.
iv. Details of domestic producers
2. Names and addresses of all known domest:; producers and concerned trade associations and users associations etc.
3. Details of production accounted for by each of the producers at 2 above.
4. Details of total domestic production.
5. Installed capacity, capacity utilization and fall in capacity utilization etc.
Section 5: Injury or Threat of Injury
1. Impact of increased imports on Domestic Industry; Detailed information on how the increased imports are causing serious injury or threat of serious injury to the domestic industry. This should, interaiia, include information on a. Sale volumes, total domestic consumption and how the market share of domestic production has been affected.
b. Price 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.
[«TFT H — 7 3 ^ 3(i)] ^ ^ ^ " ^ ^ : 3 ^ * ^
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 bringing out a nexus between the increased imports, either actual or relative to domestic production, and the injury or threat of injury caused to the domestic industry and the basis for a request for initiation of safeguards investigation under Safeguard Measures (Quantitative Restrictions) Rules, 2012.
Section 7: Submission a. A statement describing the measure requested including:
• Nature and quantum of safeguard quantitative restriction requested.
• Purpose of seeking the relief and how such objective will be achieved.
• Duration for which imposition of safeguard quantitative restriction is requested and the reasons therefore.
b. If the safeguard measures are requested to be imposed for more than one year, details on efforts being taken and planned to be taken or both to make a positive adjustment to import competition with details of progressive liberalization adequate to facilitate positive adjustment of the industry.
Section 8: Annexes All supporting information can be provided as annexes to the application. (The main information must be provided at the appropriate places. The details of the information can be provided in annexes).
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