Section 9A 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.
Section 9A was inserted by the 2010 Amendment Act in a new Chapter IIIA. It lets the Central Government cap imports of goods that are arriving in such increased quantities and under such conditions that they cause, or threaten, serious injury to domestic industry. It has exemptions for developing countries and fixed limits on how long a cap can last. As the section was not in the 1992 Act, this article is written from the 2010 text, as per the Act as enacted in 1992 read with the 2010 Amendment Act.
After an enquiry, the Central Government may by notification impose quantitative restrictions on imports that cause or threaten serious injury to domestic industry. Goods from a developing country are spared while that country's share stays within three per cent, or the combined share of several developing countries stays within nine per cent, of total imports. A restriction lapses after four years unless extended, and never runs beyond ten years from first imposition.
Section 9A(1): the power and its trigger
The Central Government, "after conducting such enquiry as it deems fit", must be satisfied that goods "are imported into India in such increased quantities and under such conditions as to cause or threaten to cause serious injury to domestic industry". If so, it may by notification in the Official Gazette impose "such quantitative restrictions on the import of such goods as it may deem fit".
Three elements must be present: an enquiry, increased quantities and conditions of import, and serious injury or the threat of it. The section is directed at increased quantities of imports. For the customs-side measures, see our guide on safeguard and countervailing duty. If an enquiry or notification may affect your imports, an early legal consultation helps you plan.
The proviso: developing countries
No restriction may be imposed on goods "originating from a developing country so long as the share of imports of such goods from that country does not exceed three per cent". Where the goods originate from more than one developing country, the restrictions may not be imposed "so long as the aggregate of the imports from all such countries taken together does not exceed nine per cent. of the total imports of such goods into India".
| Test | Limit printed in the proviso |
|---|---|
| One developing country | Share of imports of the goods not more than three per cent |
| Several developing countries together | Aggregate share not more than nine per cent of total imports of the goods into India |
Example: Suppose a Government enquiry finds that imports of steel fasteners have surged. Country A, a notified developing country, supplies two and a half per cent of total imports (an invented figure). On the proviso, goods from Country A cannot be restricted while its share does not exceed three per cent. A non-developing supplier is not protected by the proviso.
Section 9A(2): four years, extension, ten years
Restrictions imposed under the section "shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such imposition". There are two provisos.
- If the Central Government thinks the domestic industry has taken measures to adjust to the injury or threat, and continued restrictions are necessary to prevent it and to facilitate adjustment, it may extend the period beyond four years.
- In no case may the restrictions continue "beyond a period of ten years from the date on which such restrictions were first imposed".
Section 9A(3) and the 2012 Rules
The Central Government "may, by rules provide for the manner in which goods ... may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined". Section 19(2)(ea), added in 2010, repeats this rule-making power; see section 19.
The Safeguard Measures (Quantitative Restrictions) Rules, 2012 (G.S.R. 381(E), 24 May 2012) were made under section 9A(3). In outline, as printed:
| Rule | Subject |
|---|---|
| 3 and 4 | An Authorised Officer, not below the rank of Additional Director General of Foreign Trade, is designated by notification and investigates serious injury or its threat |
| 5 | Investigation starts on a written application by or for the domestic producer, in the prescribed Form, or on the officer's own motion if the evidence warrants |
| 6 | Public notice of the investigation; interested parties are heard; information called for to be furnished within thirty days |
| 8 | Serious injury is assessed on objective and quantifiable factors; a causal link to increased imports is required |
| 9 | Final findings within eight months of initiation or an extended period the Central Government allows |
| 10 and 12 | The Central Government imposes the restriction by notification; it takes effect from publication |
| 11 | Applied on a non-discriminatory basis to imports irrespective of source |
| 13 and 14 | Duration as in section 9A(2): four years, with the same extension and ten-year limits; progressive liberalisation if longer than one year |
| 15 | Review of continued need; where the period exceeds three years, a review not later than the midterm |
A corrigendum of 12 September 2012 corrected "casual" to read "causal" in the rules' text. For anti-dumping and countervailing matters the 2012 Rules say the Authorised Officer may refer a complaint to the authority for those investigations where other factors cause injury; see our guide on anti-dumping duty.
Section 9A(4): definitions
For this section:
- "developing country" means a country notified by the Central Government in the Official Gazette;
- "domestic industry" means the producers of goods (including producers of agricultural goods) as a whole of the like or directly competitive goods in India, or whose collective output of those goods is a major share of total production in India;
- "serious injury" means an injury causing significant overall impairment in the position of a domestic industry; and
- "threat of serious injury" means a clear and imminent danger of serious injury.
The 2013 notification
By a notification dated 31 January 2013 under section 9A(4)(a), the Central Government notified 135 countries as developing countries. The copy consulted is headed "to be published" and its G.S.R. number is blank, so it is cited by date only. The list should be checked against the current official notification before it is relied on for any import.
The Policy, background
The Foreign Trade Policy 2023 lists, among the principles on which the Director General may impose a prohibition or restriction by notification, the prevention of sudden increases in imports causing serious injury to domestic producers, or relieving producers who have suffered such injury (FTP 2023, para 2.07(f), in the copy consulted). The two instruments sit side by side: section 9A for a cap after an enquiry, and the policy principle for notified restrictions.
Need help with import restrictions?
If a new restriction threatens your import plans, or you want to know whether your product may be the subject of an enquiry, our legal consultation service can help you read the notification and plan around it. Later amendments to the Act, the Rules and the Policy should be checked.
Key takeaways
- Section 9A allows quantitative restrictions on imports that cause or threaten serious injury to domestic industry.
- Goods from a developing country are spared up to three per cent of imports, or nine per cent in aggregate for several such countries.
- A restriction lapses after four years unless extended; the outer limit is ten years from first imposition.
- The 2012 Safeguard Measures (Quantitative Restrictions) Rules set the investigation procedure.
- The 2013 notification names 135 developing countries; later changes should be checked.
Read next
- Section 19: power to make rules
- Section 9: licence, certificate, scrip and other instruments
- Safeguard and countervailing duty, explained
- Anti-dumping duty: levy and process
Disclaimer: Based on the Foreign Trade (Development and Regulation) Act, 1992 as enacted read with the Amendment Act of 2010, and on the Foreign Trade (Regulation) Rules, 1993 as notified read with the Amendment Rules of 2015, as consulted on 2 October 2026. Later amendments, the current Foreign Trade Policy and the Handbook of Procedures should be checked. This article is general information, not legal advice; check the official text before acting.