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Union of India - Section

Section 10 in India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017

10. Final findings.

(1)The Director General shall, within eight months from the date of initiation of the investigation, or within an extended period not exceeding one year from the date of initiation of the investigation, as the Central Government may allow, determine whether,-
(a)the increased imports of the originating good under investigation has caused or threatened to cause serious injury to the domestic industry; and
(b)a causal link exists between the increased imports of the originating good due to the elimination or reduction of a customs duty under the Trade Agreement and serious injury or threat of serious injury.
(2)The Director General shall also give his recommendation regarding bilateral safeguard measure which would be adequate to prevent or remedy the serious injury and to facilitate adjustment.
(3)The Director General shall also make his recommendations regarding the duration of the bilateral safeguard measure:Provided that where the period recommended is more than one year, the Director General shall also recommend progressive liberalisation of the bilateral safeguard measure at regular intervals during the period of application as necessary to facilitate adjustment.
(4)The final findings, if affirmative, shall contain all information on the matter of facts and law and reasons which have led to the conclusion.
(5)The Director General shall issue a public notice recording his final findings.
(6)The Director General shall send a copy of the public notice regarding his final findings to -
(a)the Central Government, in the Ministry of Commerce and Industry and in the Ministry of Finance;
(b)the Government of Japan.