. /.  WORLD TRADE  
ORGANIZATION   
G/SG/N/1/IND/3 
23 September 2011 
 (11-4602) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATIONS OF LAWS, REGULATIONS AND 
ADMINISTRATIVE PROCEDURES RELATING 
TO SAFEGUARD MEASURES 
 
INDIA 
 The following communication, dated 21 September 2011, is being circulated at the request of 
the Delegation of India. 
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 In pursuance to Article 12.6 of  the Agreement on Safeguards, I ndia notifies the amendment to 
the Foreign Trade (Development and Regulation) Ac t, 1992 wherein a provision has been introduced 
under Section 9 A giving power to the Central Gove rnment to impose quantitative restrictions as 
safeguard measures.  A copy of the extracts from  the Foreign Trade (Development and Regulation) 
Amendment Act, 2010 of 19 August 2010, containing  the amendment to the above Act is forwarded 
herewith.    
 Sub Section (3) of Section 9 A provides fo r framing of Rules to implement the above 
provisions.  India will inform these Rules as and when the Rules are notified.   
 
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THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) 
AMENDMENT ACT, 2010 
 
No. 25 of 2010 dated 19th August 2010 
 
(Extracts of Section 9 A) 
 
Chapter III A  
 
Quantitative Restrictions 
 
"9A (1)  If the Central Government, after conducting su ch enquiry as it deems fit, is satisfied that any 
goods are imported into India in such increased quan tities and under such conditions as to cause or 
threaten to cause serious injury to domestic indust ry, it may, by notification in the Official Gazette, 
impose such quantitative restrictions on th e import of such goods as it may deem fit: 
  Provided that no such quantitative restrictions shall be imposed on any goods originating from a 
developing country so long as the share of imports  of such goods from that country does not exceed 
three per cent or where such goods originate from more than one developing country, then, so long as G/SG/N/1/IND/3 
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  the aggregate of the imports from all such countries ta ken together does not exceed nine per cent of the 
total imports of such goods into India.  (2) The quantitative restrictions imposed under this  section shall, unless re voked earlier, cease to 
have effect on the expiry of four years from the date of such imposition. 
  
 Provided that if the Central Government is of the opinion that the domestic industry has taken 
measures to adjust to such injury or threat threreof  and it is necessary that the quantitative restrictions 
should continue to be imposed to prevent such injury or threat and to facilita te the adjustments, it may 
extend the said period beyond four years: 
  
 Provided further that in no case the quantitative restrictions shall continue to be imposed beyond 
a period of ten years from the date on whic h such restrictions were first imposed. 
 (3) The Central Government may, by rules provide  for the manner in which goods, the import of 
which shall be subject to quantitativ e restrictions under this section, ma y be identified and the manner in 
which the causes of serious injury or causes of threat  of serious injury in relation to such goods may be 
determined.  (4) For the purposes of this section –  
(a) "developing country" means a country notif ied by the Central Government in the 
Official Gazette, in this regard; 
(b) "domestic industry" means the producers of goods (including producers of 
agricultural goods 
(i)  as a whole of the like goods or directly competitive goods in India; or 
(ii)  whose collective output of the like goods or directly competitive goods in India 
constitutes a major share of the total production of the said goods in India; 
(c) "serious injury" means  an injury causi ng significant overall impairment  in the 
position of a domestic industry; 
(d) "threat of serious injury" means a clear and imminent danger of serious injury". 
 
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