World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: There is no conflict between India's safeguard legislation and the Competition Law due to any safeguard measures taken as per the WTO Safeguards Agreement.

Mexico 16:

The Director General (Safeguards), Department of Revenue, is responsible for hearing petitions and conducting investigations relating to safeguards. It is also responsible for making recommendations under the Regulation on the Trade Agreement between India and Singapore (Safeguard measures) 2009. The request for investigation must be submitted in writing to the Director General by the affected domestic industry or on its behalf. The Director General may also initiate an investigation on its own based on information received from a Commissioner of Customs. Under the Regulation on Safeguarding Rights of 1997, when imposition of safeguard measures is requested for more than a year, data should be provided about the measures taken or planned for adjusting to competition from imports, including information about the process of progressive liberalization. Thereafter, the Director General may initiate an investigation to determine the existence of serious injury or threat of serious injury to domestic industry caused by increased imports of a product in large quantities, in absolute terms or in relation to domestic production. The investigation must be completed and public be notified within eight months from the date of initiation (or the period authorized by the central government). The proceedings of the Permanent Board of Safeguards are not in the public domain, and it communicates its recommendation to the Ministry of Finance for safeguard duties and to the Minister of Commerce for imposition of quantitative restrictions. If after the investigation, the central government concludes that the imports of a product in India are in such increased quantities and under such conditions that cause or threaten serious injury to the domestic industry, it may impose a safeguard duty on that product, by notification in the Official Gazette.

Qn. Since only the final determination is published, how can a country present evidence or arguments during the investigation?

Reply: India makes notifications to the Committee on Safeguards regarding initiation of investigation, preliminary determination, final determination and decision to apply or extend a safeguard measure as per the requirements of Article 12 of Safeguard Agreement. As per Rule 6 of Safeguard Duty Rules, the Investigating Authority provides sufficient opportunity to all the interested parties to make written and oral submissions during the course of the investigation.

Mexico 17:

In paragraph 101 to part ix) Standards and Technical Regulations: As on March 31, 2010 India had 18,623 Indian standards and about 84 per cent were harmonized with international standards (Table III.12). This reflects the priority given to make Indian standards harmonized with international standards or consistent therewith, in order to keep pace with the growing integration into the global economy.

Qn. Can one check the rules on the Internet?

Reply: It may be clarified that out of those Indian Standards for which corresponding ISO or IEC standards exist, about 84% are harmonized (not 84% of 18623 Indian standards). Thus about 4800 Indian standards are harmonized to ISO or IEC standards.