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Safeguard and Countervailing Duty — Explained

How safeguard duty under Section 8B and countervailing (anti-subsidy) duty under Section 9 of the Customs Tariff Act 1975 work — triggers, investigation and how they differ from...

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Published
August 26, 2026
Last updated
Sep 29, 2026
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4 min
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Last updated: September 2026Verified against: Government sources

Overview

Besides anti-dumping duty, India has two other WTO-consistent trade remedies. Safeguard measures protect domestic industry from an unforeseen import surge, and countervailing duty neutralises the effect of foreign government subsidies. Together they form the trade-remedy toolkit administered by the Directorate General of Trade Remedies.

Safeguard Duty — Section 8B

Safeguard duty is imposed under Section 8B of the Customs Tariff Act 1975 when a product is imported into India in such increased quantities as to cause or threaten serious injury to the domestic industry. Key features:

  • It is non-discriminatory — it applies to imports from all countries (with limited exceptions for developing countries below a share threshold), not a specific exporter.
  • It does not require proof of unfair pricing — only an injurious import surge.
  • It is temporary, generally up to four years, extendable to a maximum of ten years, and progressively liberalised.
  • It may take the form of a duty or a quantitative restriction (quota).

Countervailing Duty — Section 9

Countervailing (anti-subsidy) duty is imposed under Section 9 of the Customs Tariff Act 1975 to counteract a subsidy — a financial contribution by the government of the exporting country conferring a benefit — on the imported article, where the subsidised imports cause injury to the domestic industry. The duty broadly equals the amount of the countervailable subsidy per unit.

How They Differ from Anti-Dumping

FeatureSafeguard (8B)Countervailing (9)Anti-Dumping (9A)
TriggerImport surgeForeign subsidyBelow-normal-value pricing
Country-specific?No (all sources)YesYes
Injury standardSerious injuryMaterial injuryMaterial injury
Typical durationUp to 4 yrs (max 10)Usually 5 yrsUsually 5 yrs

Investigation Process

  1. Application by domestic industry (or suo motu) with evidence of the surge/subsidy and injury.
  2. DGTR initiates and investigates — data collection, hearings, verification.
  3. DGTR issues findings and recommends the duty and its form/quantum.
  4. The Ministry of Finance imposes the duty by notification under the Customs Tariff Act.

Worked Example

Domestic producers of a steel product show imports doubled in a year, crashing prices and forcing capacity cuts. On a safeguard investigation, DGTR finds serious injury from the surge and recommends a safeguard duty of, say, 15% ad valorem for two years, tapering thereafter. On imports of ₹100 crore, that is ₹15 crore of safeguard duty in year one, giving the industry breathing space to adjust — the duty is not meant to be permanent.

Common Pitfalls for Importers

  • Missing that a safeguard duty applies regardless of the source country.
  • Overlooking a live countervailing duty stacked on top of normal customs duty.
  • Assuming these remedies are permanent — they are time-bound and reviewable.

Related Guides

Quick recapKey facts & short answers

Key Facts About Safeguard and Countervailing Duty

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What is safeguard duty?

Safeguard duty is a temporary trade remedy under Section 8B of the Customs Tariff Act 1975 imposed when a sudden surge in imports of a product causes or threatens serious injury to the domestic industry, irrespective of the country of origin.

What is countervailing duty?

Countervailing duty (CVD), or anti-subsidy duty, is levied under Section 9 of the Customs Tariff Act 1975 to offset a subsidy given by the exporting country on the product, where the subsidised imports injure the domestic industry.

Safeguard and Countervailing Duty: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Safeguard duty is a temporary trade remedy under Section 8B of the Customs Tariff Act 1975 imposed when a sudden surge in imports of a product causes or threatens serious injury to the domestic industry, irrespective of the country of origin.

Countervailing duty (CVD), or anti-subsidy duty, is levied under Section 9 of the Customs Tariff Act 1975 to offset a subsidy given by the exporting country on the product, where the subsidised imports injure the domestic industry.

Safeguard duty responds to an import surge and applies to imports from all countries without needing to prove unfair pricing; anti-dumping targets specific below-cost (dumped) imports from particular countries/exporters.

The Directorate General of Trade Remedies (DGTR) investigates safeguard and countervailing (as well as anti-dumping) cases and recommends the duty to the Ministry of Finance for imposition.

Safeguard duty is inherently temporary — generally up to four years, extendable to a maximum of ten years, and is progressively liberalised so the domestic industry can adjust.

Yes. A safeguard measure may also take the form of a quantitative restriction (a quota) on imports, in addition to or instead of a safeguard duty, subject to WTO disciplines.