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

(a) "critical circumstances"

means circumstances in which there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to the domestic industry and where delay in imposition of provisional bilateral safeguard measure would cause damage to the domestic industry which would be difficult to repair;

(b) "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;

(c) "domestic industry"

means the producers,-

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

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

(d) " good"

means any merchandise, product, article or material;

(e) "increased imports"

means increase in imports from Japan whether in absolute terms or relative to domestic production;

(f) "interested party"

includes,-

(i) any exporter or producer from Japan 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 Japan; 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;

(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 Comprehensive Economic Partnership Agreement between the Republic of India and Japan) Rules, 2011 notified vide notification of the Government of India, Ministry of Finance, Department of Revenue, No. 55/2011-Customs (N.T.), dated the 1st August, 2011, published vide number G.S.R. 594 (E), dated the 1st August, 2011;

(h) "serious injury"

means a significant overall impairment in the position of the domestic industry;

(i) "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;

(j) "Trade Agreement"

means the Comprehensive Economic Partnership Agreement between the Republic of India and Japan.

(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.