G/SG/N/8/IND/29  
G/SG/N/10/IND/20  
G/SG/N/11/IND/15  
 
29 April 2016  
(16-2420)  Page: 1/3  
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 A PROPOSAL TO IMPOSE A MEASURE 
 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2 
OF THE AGREEMENT ON SAFEGUARDS 
INDIA 
Unwrought Aluminium (Aluminium not 
alloyed and Aluminium alloys) 
The following communication, dated 27 April 2016, is being circulated at the request of the 
Delegation of India. 
 
_______________ 
  
(In continuation to documents G/SG/N/6/IND/43 and G/SG/N/6/IND/43/Corr.1 dated 22 April 
2016)  
1. Evidence of serious injury or threat  thereof caused by increased import 
 The import of subject product, as mentioned at 2 below, has sharply increased during the 
period 2011-12 to 2015-16. The imports have increased from 2,42,533 MT in 2011-12 to 
4,32,370 MT till 2015-16 (Annualized) recording an increase of 78%. The most recent increase, 
during the period 2014-15 to 2015-16, has been quite sharp and significant.  
2. Precise description of the Product Under Consideration (PUC) involved 
 Unwrought Aluminium (Aluminium not alloyed and Aluminium alloys) classified under Customs 
heading No. 7601 of Chapter 76 of the Customs Tariff Act, 1975. It covers the entire product 
range under chapter heading 7601.  
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 PUC 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 th e sale of domestic industry, in spite of 
high domestic demand; G/SG/N/8/IND/29 • G/SG/N/10/IND/20 • G/SG/N/11/IND/15 
 
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   During the last financial year 2015-16, there was price under-selling due to the higher 
cost of sales vis-a-vis landed price of imports, which put the pressure on the domestic industry causing losses; 
 The profitability of the domestic industry (DI) has steeply deteriorated in 2015-16 and 
the DI recorded losses; 
 The competent authority has examined the issue of "critical circumstances" in its 
investigations and found that critical circumstances exist, warranting Safeguard 
investigation. 
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 5% (five per cent) ad valorem minus 
anti-dumping duty, if any, for 200 days, which is considered to be the minimum required to protect the interest of domestic industry. 
 
5. Specify the proposed date of introducti on of the proposed safeguard measure 
 
On 21 April 2016, the DG (Safeguards) has recommended to the Central Government for 
imposition of Provisional Safeguard Duty.  6. Specify the expected duration  of the proposed safeguard measures, if any, decision 
on the of the measure has been made 
 The recommendation of DG (Safeguards) on the duration of the provisional safeguard measure is 
as indicated at 4 above. 
 7. Offer of consultation under Article 12.4 
 
The Government of India offers consultations on the proposed provisional safeguard measure.  8. Other information 
 
Preliminary findings recommending imposition of provisional safeguard duty were published in the Gazette of India on 21 April 2016. Details of the Pr eliminary Findings are available in the public 
domain i.e. at dgsafeguards@nic.in . 
 
9. Proposed date of impositi on 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. 
 
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 5% (five per cent) ad valorem minus anti-dumping duty, if any, for 200 days, 
which is considered to be the minimum required to protect the interest of domestic industry. 
 2. Specify the product subject to measure  
 
Unwrought Aluminium (Aluminium not alloyed and Aluminium alloys) classified under Customs 
heading No. 7601 of Chapter 76 of the Customs Tariff Act, 1975. It covers the entire product range under chapter heading 7601. 
 G/SG/N/8/IND/29 • G/SG/N/10/IND/20 • G/SG/N/11/IND/15 
 
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  3. Specify the developing countries to wh ich 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 (PUC) originating from more than one developing 
nation whose aggregate percentage of import into  India is more than 9%. Therefore, the import 
of PUC originating from developing nations except Malaysia, South Africa and Thailand, will not 
attract safeguard duty in terms of proviso to  Section 8B of the Customs Tariff Act, 1975. 
  
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