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Customs Rules
India-Malaysia Comprehensive Economic Cooperation Agreement (Bilateral Safeguard Measures) Rules, 2017

2. Definitions.-

(1) In these rules, unless the context otherwise requires,-

(a) "Director General" means the Director General (Safeguard) appointed by the Central Government under sub-rule (1) of rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997;

(b) "domestic industry" means, with respect to an imported good, the producers -

    (i) as a whole of the like good or directly competitive good in India; or

    (ii) whose collective production of the like good or directly competitive good in India constitutes a major proportion of the total domestic production of the such good in India;

(c) "good" means any merchandise, product, article or material;

(d) "increased imports" means increase in imports from Malaysia whether in absolute terms or relative to domestic production;

(e) "interested party" includes,-

    (i) any exporter or producer from Malaysia or importer of the good subjected to investigation for purposes of taking bilateral safeguard measure or a trade or business association, majority of the members of which are producers, exporters or importers of such good;

    (ii) the Government of Malaysia; and

    (iii) a producer of the like good or directly competitive good in India or a trade or business association, a majority of members of which produce or trade the like good or directly competitive good in India;

(f) "like good" means a good which is identical or alike in all respects to the good under investigation;

(g) "originating good" means a good which qualifies as an originating good under the provisions of the Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of the Republic of India and Malaysia) Rules, 2011 notified vide notification of the Government of India, Ministry of Finance, Department of Revenue, No. 43/2011 - Customs (N.T.), dated 1st July, 2011, published vide number G.S.R. 500 (E), dated the 1st July, 2011;

(h) "serious injury" means a significant overall impairment in the position of a domestic industry;

(i) "threat of serious injury" means serious injury that is clearly imminent and shall be determined on the basis of facts and not merely on allegation, conjecture or remote possibility; and

(j) "Trade Agreement" means the Comprehensive Economic Cooperation Agreement between the Government of the Republic of India and the Government of Malaysia.

(2) Words and expressions used herein and not defined, but defined in the Customs Tariff Act, 1975 (51 of 1975) and the Customs Act, 1962 (52 of 1962) shall have the meanings respectively assigned to them in those Acts.