G/SG/N/8/IND/31/Suppl.4  
G/SG/N/10/IND/22/Suppl.3  
G/SG/N/11/IND/17/Suppl.4  
 
6 August 20 20 
(20-5462) Page: 1/2 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT  
ON SAFEGUARDS ON FINDING A SERIOUS INJURY OR THREAT  
THEREOF CAUSED BY INCREASED IMPORTS  
NOTIFICATION OF THE EXTENSION OF THE EXISTING MEASURE  
NOTI FICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2  
OF THE AGREEMENT ON SAFEGUARDS  
INDIA 
Solar Cells whether or not assembled in modules or panels  
Supplement  
The following communication, dated 6 August 2020, is being ci rculated at the request of the 
delegation of India.  
 
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Pursuant to Article 12.1( c) of the WTO Agreement on Safeguards (Safeguards Agreement), India is 
notifying its decision to extend the safeguard measure to countries other than those mentioned as 
exceptions as per Article 9.1 of the Safeguards Agreement.  
The present communication is in continuation to document No. G/SG/N/6/IND/44  dated 
3 January  2018, G/SG/N/7/IND/11  - G/SG/N/8/IND/31  - G/SG/N/11/IND/17  dated 
18 January  2018, G/SG/N/8/IND/31/Suppl.1  - G/SG/N/10/IND/22  - G/SG/N/11/IND/17/Suppl.1  
dated 2  August  2018, G/SG/N/8/IND/31/Suppl.2  - G/SG/N/10/ IND/22/Suppl.1  - 
G/SG/N/11/IND/17/Suppl.2  dated 6 August 2018 and G/SG/N/8/IND/31/Suppl.3  - 
G/SG/N/10/IND/22/Suppl.2  - G/SG/N/11/IND/17/Suppl.3  dated 3 August 2020.  
1  PROVIDE PRECISE DESCRIPTION OF PRODUCT INVOLVED  
The Product Under Consideration (PUC) is 'Solar Cells whether or not assemble d in Modules or 
Panels'.  
2  PROVIDE PRECISE DESCRIPTION OF THE PROPOSED MEASURE  
The safeguard duty was initially imposed on 'Solar Cells whether or not assembled in modules or 
Panels ' for 2 years, i.e. from 30 July 2018 to 29 July 2020. Thereafter, based on the prima facie  
evidence submitted by the domestic industry regarding serious injury to domestic industry, the  
Director General of Trade Remedies (DGTR), having satisfied itself tha t the domestic industry was 
adjusting positively to the increased imports, initiated the review investigation for further 
continuance of safeguard duty and came out with its final findings, recommending extension of 
Safeguard duty for one more year with ef fect from 30 July 2020. Pursuant to this, the Government 
of India, vide its notification No. 0 2/2020-Customs(SG) dated 29 July 2020, has extended the 
safeguard duty as mentioned under Sl No. 4 below.  G/SG/N/8/IND/31/Suppl.4 • G/SG/N/10/IND/22/Suppl.3 • G/SG/N/11/IND/17/Suppl.4  
 
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  3  PROVIDE PROPOSED DATE OF INTRODUCTION OF THE MEASURE  
The Safeguard measure  has been extended by one year i.e., from 30 July 20 20 to 29 July 2021.  
4  PROVIDE THE EXPECTED DURATION OF THE MEASURE  
The Safegu ard duty has been extended for one year with effect from 30 July 2020 at the rate of 
duty, showing progressive liberalisation, as indicated below:  
a. 14.9% ad valorem  minus anti -dumping duty payable, if any, when imported during the 
period from 30  July 2020 to 29 January 2021 (both days inclusive); and  
b. 14.5 % ad valorem  minus anti -dumping duty payable, if any, when im ported during the 
period from 30  January 2021 to 29  July 2021 (both days inclusive).  
5  IF THE EXPECTED DURATION IS OVER ONE YEAR, PROVIDE EXPECTED TIMETABLE FOR 
PROGRESSIVE LIBERALIZATION OF THE MEASURE  
During the original application of the Safeguard measur e for 2 years (30 July 2018 to 29 July 2020), 
the Domestic Industry had shown evidence of positive adjustment to import competition. However, 
import prices had continued to decline steeply, undercu tting the prices of the Domestic Industry . 
Therefore, the domestic industry was required to be given more time to overcome its fragile financial 
situation caused by import of the PUC.  The domestic producers had presented a revised adjustment 
plan detailing the steps it was planning to take to reduce its costs fu rther, in order to meet import 
competition.  Accordingly, the extended safeguard measure, made effective from 30 July 2020, has 
been progressively liberalised as mentioned under Sl. No. 4 above.  
6  IF THE NOT IFICATION RELATES TO A DECISION TO APPLY OR EXTEND A SAFEGUARD 
MEASURE, MEMBERS ARE ENCOURAGED TO PROVIDE THE FOLLOWING INFORMATION  
i. The major exporting Members of imports of the product involved.  
During the period of investigation, China PR , Thailand and V ietnam were found to be 
major exporting countries.  
ii. If there are any exporting Members to which the measure does not apply for any reason 
other than the application of Article 9.1, the names of such exporting  Members and 
reasons for non -application of the m easure.  
Import of the P UC is originating from more than one developing country. However, as a  percentage 
of the total imports of the PUC into India, imports from China PR, Thailand and Vietnam individually 
accounted for  more than  3%, while the share of eve ry other developing country individually was less 
than 3 % and collectively for those countries  did not exceed 9% of the total imports of the PUC into 
India.  Therefore, the import of PUC originating from developing countries (as listed in Government 
of Indi a Notification No. 19/2016 -Customs (NT) dated 5 February 2016),  except China PR, Thailand 
and Vietnam, will not attract the Safeguard Duty under this notification.  
7  FURTHER INFORMATION  
The Customs notification extending the safeguard measure is available in the Public domain and can 
be accessed at http://www.cbic.gov.in . 
 
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