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Union of India - Section

Section 18 in Customs Tariff (Identification and Assessment of Safeguard Measures) Rules, 1997

18. Review.

(1)The Director shall, from time to time, review the needs for continued imposition of the safeguard [measure] [Substituted 'duty' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).] and shall, if he is satisfied on the basis of information received by him that, -
(i)safeguard [measure] [Substituted 'duty' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).] is necessary to prevent or remedy serious injury and there is evidence that the industry is adjusting [***] [Omitted 'positively' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).], it may recommend to the Central Government for the continued imposition of [measure] [Substituted 'duty' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).];
(ii)there is no justification for the continued imposition of such [measure] [Substituted 'duty' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).], recommend to the Central Government for its withdrawal :
Provided that where the period of imposition of safeguard [measure] [Substituted 'duty' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).] 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 [measure] [Substituted 'duty' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).] or for the increase of the liberalisation of duty.
(1A)[ The Director General may review the usage and implementation of the tariff rate quota for any modification.] [Inserted by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).]
(2)Any review initiated under sub-rule (1) [or sub-rule (1A)] [Inserted by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).] 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.