DEMO|

Customs Rules
India-Korea Comprehensive Economic Partnership 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 the producers -

    (i) as a whole of the like or directly competitive goods operating in the territory of India; or

    (ii) whose collective output of the like or directly competitive goods constitutes a major proportion of the total domestic production of those goods;

(c) "increased imports" includes increase in imports from the Republic of Korea whether in absolute terms or relative to domestic production;

(d) "interested party" includes,-

    (i) any exporter or producer from the Republic of Korea 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 a good;

    (ii) the Government of the Republic of Korea; 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;

(e). "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 the Republic of Korea) Rules, 2009 notified vide notification of the Government of India, Ministry of Finance, Department of Revenue, No. 187/2009 - Customs (N.T.), dated 31st December, 2009, published vide number G.S.R. 936(E), dated the 31st December, 2009;

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

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

(h). "Trade Agreement" means the Comprehensive Economic Partnership Agreement between the Republic of India and the Republic of Korea.

(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.