G/SG/Q1/IND/12  
 
24 April 2013  
(13-2182)  Page: 1/3  
Committee on Safeguards  Original: English  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE AGREEMENT 
REPLIES TO QUESTIONS POSED BY THE UNITED STATES1 
REGARDING THE NOTIFICATION OF INDIA2 
The following communication, dated 23 April 2013, is being circulated at the request of the 
Delegation of India. 
 
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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 th e Rules. Please explain what role, if any, 
the Director General of Safeguards will ha ve in determining wh ether quantitative 
restrictions are necessary after the investigat ion by the Authorised Officer is complete? 
 
Reply 
 
The Director General (Safeguards) in the Ministry  of Finance, Department of Revenue functions 
under the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 and conducts safeguard investigation for imposition of safeguard duty whereas the Authorised Officer in the Department of Commerce functions under the Safeguard Measures (Quantitative Restriction) 
Rules, 2012 for making enquiry in respect of safeguard quantitative restrictions. Therefore, the 
two investigating authorities are different and Director General (Safeguards) does not investigate cases requiring imposition of quantitative restrictions. 
 
Question 2  
 
With regard to Article 5(2)(c) of the 2012 Rule s, 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 app lication to the Authorised Officer as outlined 
in these rules. If a request for an investigat ion is received by both entities, would two 
separate investigations be conducted? 
 Reply 
 As per Rule 5(2)(c) of the Safeguard Measures (Quantitative Restriction) Rules, 2012, the Petitioner is not required to submit application for a safeguard investigation to the Director General 
(Safeguards). In case the request for investigation under this Rule is received by both the 
authorities, the Authorised Officer under Safeguard Measures (Quantitative Restriction) Rules, 2012 will take into account the application filed for appropriate action.  
                                               
1 G/SG/Q1/IND/11. 
2 G/SG/N/1/IND/3/Suppl.1 (25 September 2012). G/SG/Q1/IND/12 
 
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  Question 3  
 
With regard to Article 6 of the 2012 Rules, pl ease confirm that, in addition to making 
public notice, the Government of India w ill also notify the World Trade Organization 
Committee on Safeguards, in accordance with Article 12.1 of the WTO Agreement on 
Safeguards, upon "(a) initiating an investig atory 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 a ll other notifications provisions under 
Article 12.  
Reply 
 
Yes, the Government of India will notify the WT O Committee on Safeguards as per Article 12.1 of 
the WTO Agreement on Safeguard regarding the initiation of safeguard investigation, making a 
finding of serious injury or threat thereof and of taking a decision to apply or extend a safeguard quantitative measure under the 2012 Rules. 
 
Question 4  
 
The last paragraph of Article 8 of the 2012 Rules states "Provided that when factors 
other than increased imports are causing inju ry 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 a ppropriate." Please clarify the following: 
 
a. If the authorized officer refers the co mplaint to the authority for antidumping 
or countervailing duty investigations , please clarify whether domestic 
industry must also file an antidumpin g or countervailing duty application for 
investigation, according to India’s dome stic rules, given the differences 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 prov ide notification that the safeguard 
investigation has been terminated as a result of this referral. 
 
Reply 
 
a. Even if the Authorised Officer refers the complaint to the authority for anti-dumping or 
countervailing duty investigations, the domestic industry would be required to file the 
anti-dumping or countervailing duty application for investigation as per the prescribed Rules. 
 
b.  Where the safeguard investigation is terminated, the Authorised Officer shall make a 
final finding as per Rule 9(3) and issue a public notice which will also be notified to the 
WTO. 
 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 qu antitative safeguard measure must be made, 
as well as the maximum time under which a review to continue a safeguard measure 
must be completed. 
 Reply 
 As per Rules 9 and 15 of the 2012 Rule, the final find ings are to be issued within 8 months from 
the date of initiation of the investigation/initiation of review. However, the Rules also permit that this time period can be extended. 
 G/SG/Q1/IND/12 
 
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  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 th e decision will be published on-line, please 
indicate the website address of the notifications. 
 Reply 
 The public notice recording the final findings unde r Rule 9(3) will be published in the official 
gazette. The Investigating Authority will also endeavour to place this notice in the DGFT website at www.dgft.gov.in . 
 
Question 7  
 
In the event of discrepancy between the 2012 Rules and the previous safeguard 
notifications made by India3, please clarify which document  or law claims precedence? 
 
Reply 
 
As mentioned in reply to Question No.1 above, the Safeguard Measures (Quantitative Restriction) Rules, 2012 are distinct from Safeguard Duty Rules i.e. the Customs Tariff (Identification and 
Assessment of Safeguard Duty) Rules, 1997, notified  by India earlier. Hence the question of any 
document or law having precedence, does not arise.    
 
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3 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).