G/SG/Q1/IND/11  
 
3 April 2013  
(13-1724)  Page: 1/2  
Committee on Safeguards  Original: English  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE AGREEMENT 
QUESTIONS POSED BY THE UNITED STATES 
REGARDING THE NOTIFICATION OF INDIA1 
The following communication, dated 2 April 2013, is being circulated at the request of the 
Delegation of the United States. 
 
_______________ 
 
 
The United States thanks India for its notification of Safeguard Measures (Quantitative 
Restrictions) Rules, 2012  (hereinafter "2012 Rules") , and poses the following questions: 
 Question 1 
 
With regard to Articles 3 through 5 of the 2012 Rules, please clarify the relationship between the Authorised Officer as outlined in these Rules and the Director General of Safeguards mentioned in 
Article 5(2)(c) of the Rules. Please explain what role, if any, the Director General of Safeguards 
will have in determining whether quantitative restrictions are necessary after the investigation by the Authorised Officer is complete?  
 
Question 2  With regard to Article 5(2)(c) of the 2012 Rules, please clarify whether a party can or must submit 
an application for a safeguard investigation to the Director General of Safeguards in addition to 
submitting the application to the Authorised Officer as outlined in these rules. If a request for an 
investigation is received by both entities, would two separate investigations be conducted?  
 
Question 3  
 
With regard to Article 6 of the 2012 Rules, please co nfirm that, in addition to making public notice, 
the Government of India will also notify the Wo rld Trade Organization Committee on Safeguards, 
in accordance with Article 12.1 of the WTO Agreement on Safeguards, upon "(a) initiating an investigatory process relating to serious injury or threat thereof and the reasons for it; (b) making 
a finding of serious injury or threat thereof caused by increased imports; and (c) taking a decision 
to apply or extend a safeguard measure" as well as meeting all other notifications provisions under Article 12. 
 
Question 4  
The last paragraph of Article 8 of the 2012 Rules states "Provided that 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 and in such cases, the Authorised Officer may refer the complaint to the authority for anti-dumping or countervailing duty investigations, as appropriate." 
Please clarify the following: 
 
                                               
1 G/SG/N/1/IND/3/Suppl.1 (25 September 2012). G/SG/Q1/IND/11 
 
- 2 - 
 
  a. If the authorized officer refers the complaint to the authority for antidumping or 
countervailing duty investigations, please clarify whether (a) domestic industry must also file an antidumping or countervailing duty application for investigation, according to India's domestic rules, given the difference s in injury thresholds and differences in 
standing between the WTO Agreement on Implementation on Article VI of the General 
Agreement on Tariffs and Trade 1994 (the Antidumping Agreement) and the WTO Agreement on Safeguards, as well as India's domestic laws and regulations. 
b. How will the Authorized Officer provide notification that the safeguard investigation has 
been terminated as a result of this referral. 
Question 5 
 
With regard to Article 9 and Article 15.2 of the 2012 Rules, please clarify the maximum time under 
which a decision to impose a quantitative safeguard measure must be made, as well as the maximum time under which a review to continue  a safeguard measure must be completed.  
 
Question 6  
With regard to Article 9.3 of the 2012 Rules, please clarify where the notice issued by the 
authorized officer will be published. If the decisi on will be published on-line, please indicate the 
website address of the notifications.  
Question 7 
 In the event of discrepancy betw een the 2012 Rules and the previous safeguard notifications made 
by India
2, please clarify which document or law claims precedence?  
  
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2 G/SG/N/1/IND/2 (18 December 1997), G/SG/N/1/IND/2/Suppl.1 (12 August 1999), and 
G/SG/N/1/IND/3 (21 September 2011).