Appointment of DG (Safeguard) and DG (Specific safeguard) · TIOL-DDT 1133

Appointment of DG (Safeguard) and DG (Specific safeguard)
By Vijay Kumar
The Government of India has appointed Ms. Praveen Mahajan as DG (Safeguard) and DG (Specific Safeguard) by exercising its powers in terms of sub-rule (1) of Rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 and sub-rule (1) of Rule 3 of the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002 respectively.
It sounds a bit confusing isn’t it? In fact in -dated-27.02.2007 we explained in detail the reasons appointing DG (Safeguard) and DG (Specific safeguard) under the two different Rules by the Government of India. A brief recap of the duties of the DG (Safeguard) and DG (Specific Safeguard) is given below for the benefit of netizens:
Duties of the DG
Under Safeguard
Under specific Safeguard
to investigate the existence of “serious injury” or “threat of serious injury” to domestic industry as a consequence of increased import of an article into India
to investigate the existence of “market disruption” or “threat of market disruption” to domestic industry as a consequence of increased import of an article into India;
to identify the article liable for safeguard duty
to identify the article liable for safeguard duty under section 8C of the Act;
to submit his findings, provisional or otherwise to the Central Government as to the “serious injury” or “threat of serious injury” to domestic industry consequent upon increased import of an article from the specified country
to submit his findings, provisional or otherwise to the Central Government as to the existence of “market disruption” or “threat of market disruption” to the domestic industry consequent upon increased import of an article from the People’s Republic of China;
to recommend,
to recommend,
1. the amount of duty which if levied would be adequate to remove the injury or threat of injury to the domestic industry;
2. the duration of levy of safeguard duty and where the period recommended is more than a year, to recommend progressive liberalisation adequate to facilitate positive adjustment
to recommend,
1. the amount of duty which if levied would be adequate to remove the “market disruption” or “threat of market disruption” to the domestic industry;
2. the duration of levy of safeguard duty under section 8C of the Act

Under Safeguard	Under specific Safeguard
to investigate the existence of “serious injury” or “threat of serious injury” to domestic industry as a consequence of increased import of an article into India	to investigate the existence of “market disruption” or “threat of market disruption” to domestic industry as a consequence of increased import of an article into India;
to identify the article liable for safeguard duty	to identify the article liable for safeguard duty under section 8C of the Act;
to submit his findings, provisional or otherwise to the Central Government as to the “serious injury” or “threat of serious injury” to domestic industry consequent upon increased import of an article from the specified country	to submit his findings, provisional or otherwise to the Central Government as to the existence of “market disruption” or “threat of market disruption” to the domestic industry consequent upon increased import of an article from the People’s Republic of China;
to recommend,	to recommend,
1. the amount of duty which if levied would be adequate to remove the injury or threat of injury to the domestic industry;	2. the duration of levy of safeguard duty and where the period recommended is more than a year, to recommend progressive liberalisation adequate to facilitate positive adjustment to recommend,
1. the amount of duty which if levied would be adequate to remove the “market disruption” or “threat of market disruption” to the domestic industry;	2. the duration of levy of safeguard duty under section 8C of the Act

Customs Notification Nos. and both Dated: 15.06.2009