Page 556 - Manual Of Operating Practices For Trade Remedy Investigations
P. 556

Quantitative Restriction Investigations

               (ii)   the extent of quantitative restrictions so that the volume of imports in future
                     is not reduced toa level below the average level of imports in the recent
                     period, which is the last three representative years for which statistics are
                     available. In case a different level is necessary to prevent or remedy serious
                     injury then a detailed justification needs to be provided;

               (iii)   the quota to be allocated among the supplying countries, and the allocation
                     of shares in the quota for such specified countries which have a substantial
                     interest in supplying the goods; The process of quota allocation and
                     monitoring thereof will be done by the Directorate General of Foreign
                     Trade, Department of Commerce;

               (iv)   the duration of imposition of quantitative restrictions: in case where the
                     duration of imposition of quantitative restrictions is more than one year,
                     there  will  be  progressive  liberal  is  at  ion  adequate  to  facilitate  positive
                     adjustment. In any case, the quantitative restriction would cease to have
                     effect on the expiry of 4 years from the date of its imposition.

               22.30.  A copy of the public notice of the final findings is to be sent to the Central
               Government in the Ministry of Commerce and Industry and a copy is to be sent
               to the interested parties. The DGFT is the concerned administrative department in
               Department of Commerce responsible for implementing the QR measures as per
               the recommendations of DGTR

               22.31.  Imposition of safeguard quantitative restrictions:  The Central
               Government, based on the recommendation of the Authorised Officer (DG),may
               impose a safeguard quantitative restriction by way of a notification in the Official
               Gazette, which will be the date of imposition of such quantitative restriction.

               22.32.  Imposition of safeguard quantitative restrictions on non-
               discriminatory basis: Any safeguard quantitative restrictions imposed on goods
               under these rules shall be applied on a non-discriminatory basis

               22.33.  Duration: The safeguard quantitative restrictions may be imposed for four
               years from the date of its imposition on case to case basis on merits.  Provided that
               if the Central Government is of the opinion that the domestic industry has taken
               measures to adjust to such serious injury or threat thereof and it is necessary that
               the safeguard quantitative restrictions should continue to be imposed, to prevent
               such serious injury or threat and to facilitate adjustments, it may extend the period
               beyond four years. Provided further that in no case the safeguard quantitative



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