Section 18 in The Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997
18. Review.
(1)The Director shall, from time to time, review the needs for continued imposition of the safeguard duty and shall, if he is satisfied on the basis of information received by him that, -(i)safeguard duty is necessary to prevent or remedy serious injury and there is evidence that the industry is adjusting positively, it may recommend to the Central Government for the continued imposition of duty;(ii)there is no justification for the continued imposition of such duty, recommend to the Central Government for its withdrawal :Provided that where the period of imposition of safeguard duty exceeds three years the Director General shall review the situation not later than the mid-term of such imposition, and, if appropriate, recommend for withdrawal of such safeguard duty or for the increase of the liberalisation of duty.(2)Any review initiated under sub-rule (1) shall be concluded within a period not exceeding 8 months from the date of initiation of such review or within such extended period as the Central Government may allow.(3)The provisions of rules, 5, 6, 7 and II shall mutatis mutandis apply in the case of review.Annexure(See Rule 8)(1)In the investigation to determine whether increased imports have caused or are threatening to cause serious injury to a domestic industry, the Director General shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that industry, in particular, the rate and amount of the increase in imports of the article concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilization, profits and losses, and employment.(2)The determination referred to in paragraph (1) shall not be made unless the investigation demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the article concerned and serious injury or threat thereof. When factors other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports. In such cases, the Director General may refer the complaint to the authority for anti¬dumping or countervailing duty investigation, as appropriate.
