DEMO|

Customs Rules
Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997

Body 5. Initiation of Investigation. -

(1) Except as provided in sub-rule (4) the Director General shall, on receipt of a written application by or on behalf of the domestic producer of like article or directly competitive article, initiate an investigation to determine the existence of "serious injury" or "threat of serious injury" to the domestic industry, caused by the import of an article in such increased quantities, absolute or relative to domestic production.

(2) An application under sub-rule (1) shall be in the form as may be specified by the Director General in this behalf and such application shall be supported by, -

    (a) evidence of,-

      (i) increased imports;

      (ii) serious injury or threat of serious injury to the domestic industry;

      (iii) a causal link between imports and the alleged serious injury or threat of serious injury; and

    (b) a statement on the efforts being taken, or planned to be taken, or both, to make a adjustment to import competition.

(3) The Director General shall not initiate an investigation pursuant to an application made under sub-rule (1) unless he examines the accuracy and adequacy of the evidence provided in the application and satisfies himself that there is sufficient evidence regarding -

    (a) increased imports;

    (b) serious injury or threat of serious injury; and

    (c) a causal link between increased imports and alleged injury or threat of serious injury.

(4) Notwithstanding anything contained in sub-rule (1), the Director General may initiate an investigation suo motu if he is satisfied with the information received from any Principal Commissioner of Customs or Commissioner of Customs, as the case may be, of Customs appointed under the Customs Act, 1962 (52 of 1962) or any other source that sufficient evidence exists as referred to in clause (a), clause (b) and clause (c) of sub-rule (3).