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Transitional Safeguard Provisions under the Customs Tariff Act, 1975 (Section 8C)

Section 8C - Power of Central Government to impose transitional product specific safeguard duty on imports from the People’s Republic of China –

  1. Notwithstanding anything contained in Section 8B, if the Central Government, after conducting such enquiry as it deems fit, is satisfied that any article is imported into India, from the People’s Republic of China, in such increased quantities and under such conditions so as to cause or threatening to cause market disruption to domestic industry, then, it may, by notification in the Official Gazette, impose a safeguard duty on that article:

    Provided that the Central Government may, by notification in the Official Gazette, exempt such quantity of any article as it may specify in the notification, when imported from People’s Republic of China into India , from payment of the whole or part of the safeguard duty leviable thereon.

  2. The Central Government may, pending the determination under sub-section (1), impose a provisional safeguard duty under this sub-section on the basis of a preliminary determination that increased imports have caused or threatened to cause market disruption to a domestic industry.


    Provided that where, on final determination, the Central Government is of the opinion that increased imports have not caused or threatened to cause market disruption to a domestic industry, it shall refund the duty so collected.


    Provided further that the provisional safeguard duty shall not remain in force for more than two hundred days from the date on which it was imposed.

  3. Notwithstanding anything contained in sub-section (1) and (2), a notification issued under sub-section (I) or any safeguard duty import under Sub-section (2), unless specifically made applicable in such notification or such imposition, as the case may be, shall not apply to articles imported by a hundred per cent export-oriented undertaking or a unit in a free trade zone or in a special economic zone.


    Explanation - For the purposes of this section, the expressions “hundred percent export-oriented undertaking”, “free trade zone” and “special economic zone” shall have the meanings respectively assigned to them in Explanation 2 to sub-section (1) of Section 3 of the Central Excise Act, 1944 (1 of 1944).

  4. The duty chargeable under the section shall be in addition to any other duty imposed under this Act or under any other law for the time being in force.

  5. The duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such impositions.


    Provided that if the Central Government is of the opinion that such articles continues to be imported into India, from People’s Republic of China, in such increased quantities so as to cause or threatening to cause market disruption to domestic industry and the safeguard duty should continue to be imposed. It may extend the period of such imposition for a period not beyond the period of ten years from the date on which the safeguard duty was first imposed.

    5A.         The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, including those relating to the date for determination of rate of duty, assessment, non-levy, short levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that Act.

  6. The Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which articles liable for safeguard duty may be identified and for the manner in which the causes of market disruption or causes of threat of market disruption in relation to such article may be determined and for the assessment and collection of such safeguard duty.

  7. For the purposes of this section:

    1. “domestic industry” means the producers-

      1. as a whole of a like article or a directly competitive article;

      2. whose collective output of a like article or a directly competitive article to India constitutes a major share of the total produced of the total production of the said article in India

    2. “market disruption” shall be caused whenever imports of a like article or a directly competitive article produced by the domestic industry, increase rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry.

    3. “threat of market disruption” means a clear and imminent danger of market disruption.

  8. Every notification issued under this section shall, as soon as maybe after it is issued, be laid before each House of Parliament.

 

 

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