G/SG/N/8/IND/31/Suppl.2  
G/SG/N/10/IND/22/Suppl.1  
G/SG/N/11/IND/17/Suppl.2  
 
6 August 2018  
(18-4973) Page: 1/2 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION UNDER A RTICLE 12.1(B) OF TH E AGREEMENT  
ON SAFEGUARDS ON FIN DING A SERIOUS INJUR Y OR THREAT  
THEREOF CAUSED BY IN CREASED IMPORTS  
NOTIFICATION OF A PR OPOSAL TO IMPOSE A 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  2018, 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 apply a safeguard measure. In addition, India is also notifying the 
non-application of the saf eguard measure to developing countries, with some exceptions, under 
Article  9.1 of the Safeguards Agreement. The present communication is i n 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/1 7 dated 18 January 2018 and 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.  
 
1  PROVIDE PRECISE DESC RIPTION OF  PRODUCT INVOLVED  
The product involved is 'Solar Cells, whether or not assembled in Modules or Panels '. The product 
is classified under sub -heading 8541.40 of the Harmonized Commodity Description and Coding 
System, popularly called HSN, and sub -heading 8541.40.11 of the Indian Customs Tariff 
Classification.  
 
2  PROVIDE PRECISE DESC RIPTION OF THE PROPO SED MEA SURE  
The Ministry of Finance, Departmen t of Revenue vide notification N o. 01/2018 -Customs(SG) dated 
30 July 2018 has imposed safeguard duty for 2 years. The rate of safeguard duty will be  25% ad 
valorem minus anti -dumping duty payable, if any, for the first year, 20% ad valorem minus 
anti-dumping duty payable, if any, for the next six months and  15% ad valorem minus 
anti-dumping duty payable, if any, for the next six months.  
 
3  PROVIDE PROPOSED DAT E OF INTRODUCTION OF  THE MEASURE  
The Safeguard measures ar e effective from 30 July, 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  
 
- 2 - 
 
  4  PROVIDE THE EXPECTED  DURATION OF THE MEAS URE 
The Safeguard measures will be in force for a period of 2 years as indicated below:  
 
(a) 25% ad valorem minus anti -dumping duty payable, if any, when imported during the period 
from 30 July, 2018 to 29 July, 2019 (both days inclusive);  
(b) 20% ad valorem minus anti -dumping duty payable, if any, when imported during the period 
from 30 July, 2019 to 29 January, 2020 (both days inclusive); and  
(c) 15% ad valorem minus anti -dumping d uty payable, if any, when imported during the period 
from 30 January, 2020 to 29 July, 2020 (both days inclusive).  
5  IF THE EXPECTED DURA TION IS OVER ONE YEA R, PROVIDE EXPECTED TIMETABLE 
FOR PROGRESSIV E LIBERALIZATION OF THE MEASURE  
The Domestic Industry has  provided a forecast of future performance and submitted an 
adjustment plan.  The Director General of Trade Remedies (DGTR) has found the adjustment plan 
of industry to be pragmatic. Since relief under the safeguard measure is only for a limited period of 
time as an emergency measure, industry 's adjustment efforts to withstand the surge in imports 
needs to be seen primarily during this time span of imposition of measures . 
 
6  IF THE NOTIFICATION RELATES TO A DECISIO N TO APPLY OR EXTEND  A SAFEGUARD 
MEASURE, MEMB ERS ARE ENCOURAGED T O PR OVIDE THE FOLLOWING INFORMATION  
(i) The major exporting Members of imports of the product involved.  
During the period of investigation, China PR and Malaysia 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 measure.  
Nothing contained in this notification shal l apply to imports of subject goods from  countries notified 
as developing countries  vide notification No. 19/2016 -Customs (N.T.) dated  5 February, 2016, 
except China PR, and Malaysia. Import of the product has taken place from a number of specified 
develop ing countries including China PR and Malaysia. However, as a percentage of the total 
imports of the product into India, imports from China PR and Malaysia individually account for 
more than 3% while the share of other developing countries individually is l ess than 3%. Also, the 
collective share of developing countries, whose individual share is less than 3%, does not exceed 
9% of the total import of the product into India. Therefore, the import of the product  originating 
from developing countries except Chi na PR and Malaysia, are not subjected to levy of Safeguard 
Duty in terms of proviso to Section 8B(1) of the Customs Tariff Act, 1975.  
 
7  FURTHER INFORMATION  
Details of the final findings  of DGTR can be accessed at http://www.dgtr.gov.in . The Customs 
notification imposing the final measure can be accessed at http:// www.cbic.gov.in.  
 
 
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