Provisional measure explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 5 to 10 describe how the Director General (Safeguard) runs an India-Japan bilateral safeguard investigation. They set the public notice and the time to reply, protect confidential information, state how serious injury is determined, allow a preliminary finding and a provisional measure of limited length, and fix the deadline and content of the final findings.
This article reads the rules as amended up to the CBIC text dated 24 January 2017 (Notification No. 7/2017-Customs (N.T.) dated 24 January 2017; no amending notification found in CBIC's 2023-2026 lists). Later notifications should be checked before you rely on the current text.
After initiation the Director General issues a public notice, and exporters, foreign producers and the Government of Japan have thirty days (or an extended period) to reply to an information notice. Confidential material is protected but must be summarised. A provisional measure may be applied on preliminary findings and can stay in force for not more than two hundred days. Final findings are due within eight months of initiation, or within an extended period not exceeding one year.
Rule 5: principles governing the investigation
Anyone named in the public notice, whether an importer, exporter or domestic producer, is an interested party and can take part. If a notice reaches you, a legal dispute resolution adviser can map the dates below to your own file before the first deadline.
The public notice (rule 5(1) and (2))
Once the Director General decides to initiate, he issues a public notice. It must, inter alia, contain:
- a precise description of the originating good and its classification under the First Schedule to the Customs Tariff Act, 1975;
- the period subject to the investigation and the date of initiation;
- a summary of the facts behind the allegation of serious injury or threat, and the reason for initiation;
- the address for representations; and
- the time-limits for interested parties to give their views.
Under rule 5(2), copies go to the Ministry of Commerce and Industry and other Ministries concerned as he deems fit, to the concerned trade associations or known exporters, to the Government of Japan and to other interested parties as he deems fit.
The application, information notices and hearings (rule 5(3) to (8))
- Rule 5(3): a copy of the application goes to the Ministry of Commerce and Industry, the known exporters or trade associations and the Government of Japan. Any other interested party gets a copy on written request.
- Rule 5(4): the Director General may issue a notice calling for information from exporters, foreign producers and the Government of Japan. They must reply in writing within thirty days from receipt, or any extended period he allows on sufficient cause. The Explanation deems documents received one week after they were sent by registered post or transmitted to the diplomatic representative of the Government of Japan.
- Rule 5(5): industrial users and, where the good is commonly sold at retail, representative consumer organisations may be given an opportunity to furnish relevant information.
- Rule 5(6): oral information is allowed, but is considered only if later submitted in writing within the time frame the Director General specifies.
- Rule 5(7): evidence presented by one interested party is made available to the others participating.
- Rule 5(8): if a party refuses access, does not provide necessary information within the specified period or significantly impedes the investigation, the Director General may record findings on the facts available and make recommendations to the Central Government.
Rule 6: confidential information
Information that is confidential by nature, or provided on a confidential basis, is treated as such upon cause being shown and is not disclosed without the specific authorisation of the party providing it. This applies despite the disclosure provisions in rule 5(1), (3) and (7), rule 8(2) and rule 10(5).
The Director General may require a non-confidential summary. If the provider believes the information cannot be summarised, it can give a statement of reasons. If the Director General is satisfied that the confidentiality request is not warranted, or the supplier will not make the information public or allow disclosure in generalised or summary form, he may disregard the information unless it is shown to his satisfaction, from appropriate sources, to be correct.
Rule 7: determining serious injury or threat
The Director General determines serious injury or threat taking into account, inter alia, two principles:
- He evaluates all relevant factors of an objective and quantifiable nature, in particular the rate and amount of the increase in imports in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes in sales, production, productivity, capacity utilisation, profits and losses and employment.
- The determination is not made unless the investigation shows, on objective evidence, a causal link between increased imports of the originating good and the serious injury or threat. When other factors are causing injury at the same time, that injury is not attributed to the increased imports.
The definitions behind these terms are in our article on Rules 1 to 4 of the same rules.
Rule 8: preliminary findings
The Director General proceeds expeditiously and, in critical circumstances, may record a preliminary finding regarding serious injury or threat as a result of increased imports. He issues a public notice of it and sends a copy to the Ministry of Commerce and Industry, the Ministry of Finance and the Government of Japan. "Critical circumstances" is defined in rule 2(1)(a) as clear evidence of injury or threat coupled with a delay that would cause damage difficult to repair.
Rule 9: provisional bilateral safeguard measure
On the basis of the preliminary findings, the Central Government may:
- suspend further reduction of any rate of customs duty on the originating good provided for under the Trade Agreement; or
- increase the rate of customs duty on the originating good to a level not exceeding the lesser of (i) the Most Favoured Nation applied rate in effect on the day the measure is taken and (ii) the Most Favoured Nation applied rate in effect on the day immediately preceding the date of entry into force of the Trade Agreement.
Under rule 9(2) the measure remains in force only for a period not exceeding two hundred days from the date on which it was imposed. The rule prints no actual rate; the rate appears only in the notification that applies the measure.
Rule 10: final findings
| Sub-rule | Requirement |
|---|---|
| 10(1) | Within eight months from initiation, or within an extended period not exceeding one year from initiation as the Central Government may allow, determine whether increased imports caused or threatened serious injury and whether a causal link exists with the elimination or reduction of duty under the Trade Agreement |
| 10(2) | Recommend a measure adequate to prevent or remedy the serious injury and facilitate adjustment |
| 10(3) | Recommend the duration; if more than one year, also recommend progressive liberalisation at regular intervals |
| 10(4) | Affirmative findings must contain all information on facts and law and the reasons |
| 10(5) | Issue a public notice recording the final findings |
| 10(6) | Send a copy to the Ministry of Commerce and Industry, the Ministry of Finance and the Government of Japan |
A practical example
Sakura Hardware Importers receives a notice calling for information dated 2 June. Under the Explanation to rule 5(4) the notice is deemed received one week after it was sent, so the thirty days run from 9 June unless extended on sufficient cause. If Sakura marks its pricing data confidential, it must be ready with a non-confidential summary or a statement of reasons under rule 6(2); otherwise the Director General may disregard the data under rule 6(3).
Need help in a safeguard investigation?
Deadlines in a safeguard case start running from deemed receipt, and a late or incomplete reply can lead to findings on the facts available. Our legal dispute resolution team can help you prepare replies, confidentiality summaries and submissions for the Director General. For what happens after the findings, read our article on Rules 11 to 16 of the same rules.
Key takeaways
- The public notice must describe the good and its classification, the period of investigation and the time limits for views.
- Replies to an information notice are due in thirty days, with a one-week deemed receipt rule.
- Confidential material needs a non-confidential summary or a reasoned statement.
- Injury caused by other factors cannot be attributed to the increased imports.
- A provisional measure follows preliminary findings and is limited to two hundred days.
- Final findings are due in eight months, extendable to a maximum of one year from initiation.
Read next
- Rules 1-4 of the India-Japan CEPA Bilateral Safeguard Measures Rules, 2017
- Rules 11-16 of the India-Japan CEPA Bilateral Safeguard Measures Rules, 2017
- Safeguard and countervailing duty explained
- Types of customs duty: BCD, IGST and safeguard
Disclaimer: Based on the India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017 as published on the CBIC Tax Information Portal, as consulted on 3 October 2026. Later notifications, duty notifications and the Customs Tariff Act, 1975 should be checked. This article is general information, not legal advice; check the official text before acting.