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[Cites 0, Cited by 0] [Section 11] [Entire Act]

Union of India - Subsection

Section 11(2) in Customs Tariff (Identification and Assessment of Safeguard Measures) Rules, 1997

(2)[ (a) The Director General shall also give recommendations regarding the extent of measure which, if levied, would be adequate to prevent or remedy serious injury and to facilitate adjustment;
(b)the level of tariff rate quota, if imposed as a measure, may be determined having regard to the following conditions, namely: -
(i)maintaining traditional trade flow of the article over the representative period;
(ii)the existing and likely demand supply scenario in the country; and
(iii)any other condition that may be considered relevant:
Provided that the tariff rate quota applied shall not reduce the quantity of imports below the level of the recent period, which shall be the average of imports in the last three years for which statistics are available, unless a different level is deemed necessary to prevent or remedy serious injury;
(c)tariff rate quota may be global or country specific;
(d)specific tariff rate quota may be allocated to countries with substantial interest, considering the proportion of the share of imports of the article concerned into the country during a representative period, and having regard to all relevant factors which may have or are likely to affect the trade in the article;
(e)in a case where the tariff rate quota is country specific, a residual tariff rate quota shall be provided for all other countries and in case the countries with specific tariff rate quota exhaust their specific tariff rate quotas, such countries may use the residual tariff rate quota available;
(f)any unused tariff rate quota may be carried forward and added to the tariff rate quota for the subsequent period.]