G/SG/N/7/IND/10  
G/SG/N/11/IND/14  
 
30 September 2015  
(15-5055)  Page: 1/3  
Committee on Safeguards  Original: English  
 
 NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT ON SAFEGUARDS 
BEFORE TAKING A PROVISIONAL SAFEGUARD MEASURE  
REFERRED TO IN ARTICLE 6 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2 
OF THE AGREEMENT ON SAFEGUARDS 
INDIA 
(Hot-rolled flat products of non-alloy and other alloy steel in coils of a width of 600 mm or more) 
The following communication, dated 28 September 2015, is being circulated at the request of the 
delegation of India.1 
 
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1. Evidence of serious injury or thre at thereof caused by increased import 
 The import of subject product as at S. No. 2 be low has shown an increasing trend in absolute 
terms as well as in relative terms during the period 2013-14 to 2015-16 (Annualized). The import 
data shows that the import has increased sharply from 5% in 2013-14 to 13% in 2015-16 (Annualized).  
2. Precise description of the Produc t Under Consideration (PUC) involved 
 Hot-rolled flat products of non-alloy and other alloy steel in coils of a width of 600 mm or more. 
 
3. Precise description of the determination made  
Director General Safeguards, the competent authority, has concluded in the Preliminary findings 
that increase in imports of the subject product is the cause of serious injury and threat of serious 
injury to the domestic industry. The DG Safeguard in its determination of injury, inter alia, concluded that: 
 
 There was an increase in import in absolute terms and relative to domestic production and 
that the increase in import was recent enough and sharp enough;  
 The loss of market share is attributed to increased imports;  
 The low price increased imports has affected the sale of domestic industry, in  spite of high 
domestic demand;  
 The increasing price difference between the import and domestic selling price is reducing the 
profitability of the domestic industry; 
 The competent authority has consistently been examining the issue of "unforeseen 
developments" in its investigations; 
                                               
1 In continuation to WTO Document G/SG/N/6/IND/41 dated 16 September 2015.  G/SG/N/7/IND/10 • G/SG/N/11/IND/14 
 
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   The surge in import, poor performance of the do mestic industry etc. has been considered in 
order to determine the existence of critical circumstances. 
4. Precise description of the proposed measure 
 
DG (Safeguards), the competent authority, has co ncluded that there exist critical circumstances 
for imposition of provisional safeguard du ty at the rate of 20% (twenty per cent) ad valorem  for 
200 days, which is considered to be the minimum required to protect the interest of domestic 
industry.  
 5. Specify the proposed date of introduc tion of the proposed safeguard measure 
 
On 9 September 2015, the DG (Safeguards) ha s recommended to the Central Government for 
imposition of Provisional Safeguard Duty.  
6. Specify the expected durati on of the proposed safeguard measures, if any, decision 
on the duration of the measure has been made  
The recommendation of DG (Safeguards) is as per information in Sl.No.4 above.  
 7. Offer of consultations under Article 12.4  
The Government of India offers consultations on the proposed safeguard measures. 
 8. Other information 
 
Preliminary findings recommending imposition of provisional safeguard duty were published in the Gazette of India on 9 September 2015. Details of the Preliminary Findings are available in the 
Public domain i.e. at dgsafeguards@nic.in . 
 
9. Proposed date of imposi tion of safeguard measure 
 
The safeguard measure will be applicable from the date  of issue of notification in this regard by the 
Department of Revenue, Ministry of  Finance, Government of India. G/SG/N/7/IND/10 • G/SG/N/11/IND/14 
 
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  NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2 
OF THE AGREEMENT ON SAFEGUARDS 
 
1. Specify the measure 
 
DG (Safeguards), the competent authority, has recommended imposition of provisional safeguard duty at the rate of 20% (twenty per cent) ad valorem  which is considered to be the minimum 
required to protect the interest of domestic industry for 200 days. 
 2. Specify the product subject to measure  
"Hot-rolled flat products of non-alloy and other alloy steel in coils of a width of 600 mm or more". 
 3. Specify the developing countries to which the measure is not applied under 
Article 9.1 of the Agreement on Safeguards , and the import share of the countries 
individually and collectively  
The import of the Product Under Consideration is originating from more than one developing 
nation whose aggregate percentage of import into India is more than 9%. Therefore, the import of 
Product Under Consideration originating from develo ping nations will also attract Safeguard Duty 
in terms of proviso to Section 8B of the Customs Tariff Act, 1975.  
 
 
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