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Union of India - Section

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

2. Definitions.

- In these rules, unless the context otherwise requires, -
(a)"Act" means the Customs Tariff Act, 1975 (51 of 1975);
(b)"Critical circumstances" means circumstances in which there is clear evidence that imports have taken place in such increased quantities and under such circumstances as to cause or threaten to cause serious injury to the domestic industry and delay in imposition of provisional safeguard [Measure] [Substituted 'duty' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).] would cause irreparable damage to the domestic industry;
(c)"increased quantity" includes increase in imports whether in absolute terms or relative to domestic production;
(d)"Interested party" includes -
(i)any exporter or foreign producer or the importer of an article subjected to investigation for purposes of imposition of safeguard [Measures] [Substituted 'Duty' by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).] or a trade or business association, majority of the members of which are producers, exporter or importers of such an article;
(ii)the government of the exporting country; and
(iii)a producer of the like article or directly competitive article in India or a trade or business association, a majority of members of which produce or trade the like article or directly competitive article in India;
(e)"like article" means an article which is identical or alike in all respects to the article under investigation;
(f)[ "provisional measure" means provisional safeguard measure imposed under sub- section (5) of section 8B of the Act;] [Substituted by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).]
(fa)[ "safeguard measure" means safeguard duty, or a tariff rate quota or such other measures imposed under sub-section (1) of section 8B of the Act;] [Inserted by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).]
(g)"Specified Country" means a country or territory which is a member of the World Trade Organisation and includes the country or territory with which the Government of India has an agreement for giving it the most favoured nation treatment;
(ga)[ "WTO" means the World Trade Organisation;] [Inserted by Notification No. G.S.R. 77(E), dated 01.2.2021 (w.e.f. 29.7.1997).]
(h)"all words and expressions used and not defined in these rules shall have the meanings respectively assigned to them in the Act.