JK Batra appointed DG, Safeguards and DG, Specific Safeguard
What is the difference?
Have a look at these two notifications.
1. In exercise of the powers conferred by sub-rule (1) of Rule 3 of the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, and in supersession of notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 81/2005-Customs (N.T) issued vide G.S.R.No. 599(E) dated the 20 th September, 2005, the Central Government hereby appoints Shri J.K. Batra, Chief Commissioner of Customs, as the Director General (Specific Safeguard) for the purposes of the said rules.
2. In exercise of the powers conferred by sub-rule (1) of Rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, and in supersession of notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 80/2005-Customs (N.T) issued vide G.S.R. No. 598(E) dated the 20 th September, 2005, the Central Government hereby appoints Shri J.K. Batra, Chief Commissioner of Customs, as the Director General (Safeguard) for the purposes of the said Rules.
Do you find any difference in the notifications? My editorial colleague asked me what the difference was. Couldn’t let go of DDT without answering that!.
If you look closely, you will find that the first notification is issued under the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, while the second one is issued under the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997. And the first notification appoints Mr. Batra as Director General (Specific Safeguard) while the second notification appoints him as Director General (Safeguard).
Now what is the difference between safeguard and specific safeguard? Doesn’t safeguard include specific safeguard?
What is the mystery?
Section 8B of the Customs Tariff Act gives the Government the power to impose a safeguard duty and it is under this section that the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 have been framed.
Notwithstanding any thing said in Section 8B, as per Section 8C, if the Central government after conducting such enquiry as it deems fit, is satisfied that any article is imported into India, from the people’s Republic of China, in such condition so as to cause or threatening to cause market disruption to domestic industry, then it may, by notification in the official Gazette, impose a safeguard duty on that article. And this is the specific China safeguard duty and it is under this Section that Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002 have been issued.