## Report on Amendment to Trade Policy Regarding Designated Authority
**1. Executive Summary:**
This report analyzes an amendment to trade policy as notified in the Gazette of India, dated February 1, 2021. This amendment modifies a previous notification from June 25, 2020, by designating Shri Anant Swarup, Joint Secretary, as the Designated Authority, replacing Shri Bidyut Behari Swain. The core purpose of this change is to ensure the continued and effective administration and enforcement of key trade regulations, including countervailing duties, anti-dumping duties, and safeguard measures. The key finding is the immediate transfer of authority to Shri Swarup, suggesting a need for uninterrupted oversight of these critical trade mechanisms.
**2. Introduction:**
This report aims to provide a clear and concise overview of an amendment to trade policy as published in the Gazette of India on February 1, 2021. The analysis is based solely on the information presented within the provided document.
**3. Policy Overview:**
This is an amendment to a previous Gazette Notification dated June 25, 2020. The core objective of this amendment, based on the provided text, is to designate a new individual to fulfill the role of Designated Authority responsible for overseeing and implementing trade-related regulations.
**4. Background and Rationale:**
This amendment appears to be necessitated by a change in personnel holding the position of Designated Authority. The previous Designated Authority, Shri Bidyut Behari Swain, has been replaced by Shri Anant Swarup. The amendment ensures a seamless transition in leadership for the administration of the specified trade regulations.
**5. Key Provisions / Changes:**
This is an amendment focusing on a change in personnel.
* **Specific Part of Original Policy Changed:** The amendment directly modifies the June 25, 2020 notification by replacing the designated individual responsible for specific trade functions.
* **New Rule/Provision:** The new rule/provision is the designation of Shri Anant Swarup, Joint Secretary, Ministry of Commerce and Industry, Department of Commerce, as the Designated Authority.
* **Difference/Effect of Change:** The effect of this change is to transfer the responsibilities and powers associated with the Designated Authority from Shri Bidyut Behari Swain to Shri Anant Swarup, effective immediately. This ensures continued oversight and administration of trade regulations pertaining to countervailing duties, anti-dumping duties, and safeguard measures.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders directly affected by this amendment are businesses and industries involved in international trade, particularly those subject to countervailing duties, anti-dumping duties, and safeguard measures. This includes importers, exporters, and domestic producers competing with imported goods. Government agencies involved in trade regulation and enforcement are also key stakeholders.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Ministry of Commerce and Industry, specifically the Department of Commerce, is the responsible agency. The Designated Authority (now Shri Anant Swarup) is responsible for the practical implementation of the rules mentioned.
* **Timelines or Procedures:** The amendment takes effect "with immediate effect," indicating an immediate transfer of responsibilities to the new Designated Authority. The specific procedures for implementing the underlying trade regulations remain unchanged. The procedures are defined by the rules mentioned (1995, 1997, 2002, and 2012 rules).
* **Amendment Specific Aspects:** The immediate effect of the change implies that all ongoing cases or investigations related to countervailing duties, anti-dumping duties, and safeguard measures will now be under the purview of Shri Anant Swarup.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of this amendment is to ensure continuity and uninterrupted effectiveness in the administration of trade regulations. By promptly designating a new authority, the government aims to maintain stability and predictability in the trade environment, minimizing any potential disruptions to businesses operating under these regulations. The change itself, being purely administrative, should ideally have a neutral impact, provided the new Designated Authority is fully equipped to handle the responsibilities.
**9. Conclusion:**
The amendment published in the Gazette of India on February 1, 2021, represents a personnel change in the position of Designated Authority within the Ministry of Commerce and Industry. While a seemingly minor administrative adjustment, it is significant for maintaining the operational effectiveness of trade regulations concerning countervailing duties, anti-dumping duties, and safeguard measures. Businesses engaged in international trade should be aware of this change and recognize Shri Anant Swarup as the new Designated Authority for relevant matters.
Key Entities Referenced
Anant Swarup: Joint Secretary, Ministry of Commerce and Industry, Department of Commerce; designated authority.
Bidyut Behari Swain: Former Special Secretary; replaced by Anant Swarup as the designated authority.
Ministry of Commerce and Industry: The government ministry overseeing the Department of Commerce.
Department of Commerce: A department within the Ministry of Commerce and Industry.
New Delhi: Location of the Trade Policy Division order.
Customs Tariff Identification, Assessment and Collection of Countervailing Duty on Subsidised Articles and for Determination of Injury Rules, 1995: Rules related to countervailing duty.
Customs Tariff Identification, Assessment and Collection of Antidumping duty on Dumped Articles and for Determination of Injury Rules, 1995: Rules related to antidumping duty.
Customs Tariff Identification and Assessment of Safeguard Duty Rules, 1997: Rules related to safeguard duty.
Customs Tariff Transitional Product Specific Safeguard Duty Rules, 2002: Rules related to product-specific safeguard duty.
Safeguard Measures Quantitative Restrictions Rules, 2012: Rules related to safeguard measures and quantitative restrictions.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-01022021-224866
xxxGIDHxxx
CG-DL-E-01022021-224866
xxxGIDExxx
असाधारण
EXTRAORDINARY
भाग I—खण्ड 1
PART I—Section 1
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 42] नई ददल्ली, सोमवार, फरवरी 1, 2021/माघ 12, 1942
No. 42] NEW DELHI, MONDAY, FEBRUARY 1, 2021/MAGHA 12, 1942
वाजणज्य एव ं उद्योग मत्रं ालय
(वाजणज्य जवभाग)
(व्यापार नीजत प्रभाग)
आदेि
नई ददल् ली, 1 फरवरी, 2021
फा. स.ं के-44033/1/2020- टीपीडी.—ददनांक 25 िून, 2020 की समसंख्यक रािपत्र अजधसूचना का संिोधन
करत े हुए, एतद्द्वारा आम सूचना के जलए यह अजधसूजचत दकया िाता ह ै दक वाजणज्य एव ं उद्योग मंत्रालय, वाजणज्य जवभाग
म ें संयुक्त सजचव श्री अनतं स्ट्वरूप तत्काल प्रभाव स े श्री जवद्युत जिहारी स्ट्वैन, तत्कालीन जविेष सजचव के स्ट्थान पर
जनम्नजलजखत प्रयोिन के जलए जनर्दष्टि प्राजधकारी के कतिव्यों का जनविहन करेंग े :
(i) सीमािुल्क प्रिल्ु क (सजससजड प्राप्त वस्ट्तओंु की पहचान, उन पर प्रजतसंतुलनकारी िुल्क का आकलन एव ं
संग्रहण तथा क्षजत जनधािरण) जनयम, 1995, यथासंिोजधत ;
(ii) सीमा िुल्क प्रिुल्क (पाटटत वस्ट्तुओं की पहचान, उन पर पाटनरोधी िल्ु क का आकलन एव ं संग्रहण तथा
क्षजत जनधािरण) जनयम, 1995, यथासंिोजधत ;
660 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC.1]
(iii) सीमा िुल्क प्रिुल्क (रक्षोपाय िुल्क की पहचान एव ं आकलन) जनयम, 1997 यथासंिोजधत और सीमािुल्क
प्रिुल्क (संक्रमणकालीन उत्पाद जवजिष्ट रक्षोपाय िुल्क) जनयम, 2002 यथासंिोजधत ; और
(iv) रक्षोपाय साधन (मात्रात्मक प्रजतिंध) जनयम, 2012 यथासंिोजधत ।
श्यामल जमश्र, संयुक्त सजचव
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(TRADE POLICY DIVISION )
ORDER
New Delhi, the 1st February, 2021
F. No. K-44033/1/2020-TPD.—In modification of Gazette Notification of even number dated 25 June, 2020,
it is hereby notified for the general information that Shri Anant Swarup, Joint Secretary, Ministry of Commerce &
Industry, Department of Commerce shall discharge the functions of the Designated Authority with immediate effect,
in place of Shri Bidyut Behari Swain, then Special Secretary, for the purpose of:
i) The Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidised
Articles and for Determination of Injury) Rules, 1995, as amended;
ii) The Customs Tariff (Identification, Assessment and Collection of Anti-dumping duty on Dumped
Articles and for Determination of Injury) Rules, 1995, as amended;
iii) The Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 as amended and
Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, as amended; and
iv) Safeguard Measures (Quantitative Restrictions) Rules, 2012, as amended.
SHYAMAL MISRA, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.