India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017

Rule 5. Principles governing investigations

(1) The Director General shall, after he has decided to initiate investigation to determine the serious injury or threat of serious injury to domestic industry, consequent upon the increased imports of an originating good into India as a result of the reduction or elimination of a customs duty in terms of the Trade Agreement, issue a public notice, notifying the decision thereto and such public notice shall, interalia, contain adequate information on the following, namely:-

(a) precise description of the good subject to investigation;
(b) the date of initiation of the investigation;
(c) a summary statement of the facts on which the allegation of serious injury or threat of serious injury is based;
(d) reasons for initiation of the investigation;
(e) the address to which representations by interested parties should be directed; and
(f) the time-limits allowed to interested parties for providing their views through appropriate representation.

(2) The Director General shall forward a copy of the public notice to -

(a) the Central Government in the Ministry of Commerce and Industry and other Ministries concerned, as deemed fitby the Director General;
(b) the concerned trade associations or the known exporters of the originating good, the increased imports of which have been alleged to cause or threaten to cause serious injury to the domestic industry; 
(c) the Government of the Republic of Korea; and 
(d) any other interested parties, as deemed fit by the Director General. 

(3) The Director General shall also provide a copy of the application referred to in sub-rule (1) of rule 4 to -

(a) the Central Government in the Ministry of Commerce and Industry;
(b) the concerned trade associations or the known exporters of the originating good, the increased imports of which have been alleged to cause or threaten to cause serious injury to the domestic industry; and
(c) the Government of the Republic of Korea; and
(d) to any other interested party upon request in writing.

(4) The Director General may issue a notice, calling for any information in such form as may be specified in the notice from the exporters, producers and the Government of the Republic of Korea and such information shall be furnished by such persons and the Government of the Republic of Korea in writing within thirty days from the date of receipt of the notice or within such extended period as the Director General may allow on sufficient cause being shown.
Explanation: For the purpose of this rule, the public notice and other documents shall be deemed to have been received one week after the date on which these documents we re sent by the Director General by registered post or transmitted to the appropriate diplomatic representative of the Government of the Republic of Korea. 

(5) The Director General may also provide opportunity to the industrial users of the originating good under investigation and to representative consumer organisations in cases where the originating good is commonly sold at retail level to furnish information which is relevant to the investigation. 

(6) The Director General may allow an interested party or its representative to present the information relevant to investigation orally but such oral information shall be taken into consideration by the Director General only when it is subsequently submitted in writing , within the time frame prescribed by the Director General. 

(7) The Director General shall make available the evidence presented to him by one interested party to the other interested parties, participating in the investigation.
 
(8) In case where an interested party refuses access to or otherwise does not provide necessary information within the period specified by the Director General or significantly impedes the investigation, the Director General may record the findings on the basis of the facts available to him and make such recommendations to the Central Government as he deems fit under such circumstances.