TIOL-DDT 2802 · Tuesday, 8 March 2016 · story 2 of 5

Govt Notifies India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules

GOVERNMENT has notified the India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules, 2016.

The Director General shall determine serious injury or threat of serious injury to the domestic industry taking into account, inter alia, the following principles, namely:-

(a) 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 good 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; and

(b) the determination referred in clause (a) 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 good concerned under the Trade Agreement 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.

The Director General shall, after he has decided to initiate investigation to determine the serious injury or threat of serious injury to domestic industry, consequent upon the increased imports of a good into India on account of tariff concession under the Trade Agreement, issue a public notice notifying his decision.

"serious injury" means a significant overall impairment of the domestic industry.

Notification No., Dated: March 04, 2016

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