Levy of safeguard duty

This query is : Resolved

Abhishek Srivastav (Querist)
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13 January 2013 Sir,
Incase of imposition of Safeguard duty on goods imported from developing countries there are two conditions

1. If the import of such article from that developing country does not exceed 3% of total imports of that article into India.

2. Where the article is orginating from more than one developing country (each with less than 3% import share), then the aggregate of import from all such countries taking together does not exceed 9% of total imports of that article into India.

My query is that in case of 2nd condition mentioned above in calculating the aggregate of 9% we will exclude those countries on which conditon of 3% is already applicable?

For eg:

Imports from
Nigeria 2%
Bermuda 0.5%
Romania 2.5%
West Indies 4%
Korea 1.5%
Czechoslovakia 0.5%
Indonesia 2.6%
Singapore 2.4%
So, in the above example whether we will consider West Indies for calculating the limit of 9% or we will exclude it?

Manmohan ACA, CS

Manmohan ACA, CS (Expert)
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13 January 2013 NO clarification is there in this respect however using the interpretation logic we can say that in case of 2nd condition 9% shall be calculated excluding the country on which condition of 3% is applicable.
i.e. 2+0.5+2.5+1.5+0.5+2.6+2.4 = 12%, (4% from west Indies shall NOT be considered).
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in the provision "aggregrate of import from all such countries "..the term such implies "country (each from less the 10% import share)".....