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Quantitative Restriction Investigations
d) “threat of serious injury” means a clear and imminent danger of
serious injury.
22.3. The Department of Commerce has notified the Rules called the Safeguard
Measures (Quantitative Restrictions) Rules, 2012 detailing the process for
conducting investigation for quantitative restrictions, wherein the "Authorised
Officer" is designated under sub-rule(1) of rule 3 for conducting investigations as
per the details provided in the QR Rules (text attached at the end of the chapter).
The application format has also been prescribed therein.
SIGNIFICANCE
22.4. The rules provide that the Authorised Officer can investigate serious injury
or threat of serious injury to Domestic Industry caused by increased quantity of
imports, in absolute terms or relative to domestic production, and recommend
quantitative restrictions (any specific limit on quantity of imports) on import of such
goods from specified countries under investigation.
OPERATING PRACTICES
22.5. The rules governing the procedure for investigation are contained in
Safeguard Measures (Quantitative Restrictions) Rules, 2012 notified on May 24,
2012.
22.6. In the Rules, the Directorate General of Foreign Trade is required to
provide secretarial support and the services for conducting investigation to impose
quantitative restriction. However, the work relating to all trade defence instruments
has been assigned to Directorate General of Trade Remedies vide Notification No.I-
34(7)/2018-O&M dated 17 May, 2018. Therefore, the investigation team and the
secretarial assistance are now centralised in DGTR. The DG has been designated as
the “Authorised Officer” for QR investigations under the said notification.
22.7. The application has to be in writing by or on behalf of the domestic
producer(s) of like goods or directly competitive goods, in the prescribed format,
supported with:
22.7.1. The evidence of:
(i) increased imports as a result of unforeseen development;
(ii) serious injury or threat of serious injury to the domestic industry; and
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