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Chapter 1 General Provisions
Article 1
These Rules are prescribed in accordance with the provisions of Article 18,
paragraph 3 of the Foreign Trade Act (hereafter referred to as “the Act”).
Article 2
The term “import relief case” as referred to herein means a case in which
application has been made for investigation into the injury caused to an
industry and for import relief pursuant to Article 18, Paragraph 1 of the Act.
A case of injury to the industry as referred to in the preceding paragraph is
to be established, when there is an increase in the imported quantity of the
product concerned, or an increase in such imports relative to domestic production,
so as to cause or threaten to cause serious injury to the domestic industry
producing like products or directly competitive products.
The term “serious injury” as referred to in the preceding paragraph means an
obvious and comprehensive injury to the domestic industry; the term “threat
of serious injury” means a serious injury not yet occurred but clearly imminent.
Article 3
In making a determination regarding the existence of serious injury, the amount
and rate ofincrease in imports of the product concerned in absolute terms and
relative to domestic production shall be considered altogether, and consideration
shall also be given to the following factors in respect of the domestic industry
concerned and changes thereof:
1.market share,
2.sales,
3.production,
4.productivity,
5.capacity utilization,
6.profits and losses,
7.employment,
8.other relevant factors.
In making a determination regarding the existence of a threat of serious injury,
in addition to the factors and their trend of changes as mentioned in the
preceding paragraph, the production capacity and export capability of the major
exporting countries shall be considered so as to evaluate whether the said
industry is to be seriously injured if the relief measure is not adopted.
The Ministry of Economic Affairs, in determining the injury in accordance with
the preceding two paragraphs, shall consider all evidence or information acquired
in the investigation. When factors other than increased imports are causing
injury to the domestic industry at the same time, such injury shall not be
attributed to increased imports.
Article 4
For those import relief cases in which the existence of injury or threat thereof
has been establishedpursuant to these Rules, the Ministry of Economic Affairs
may adopt the following relief measures:
1.adjusting the tariffs,
2.imposing import quotas,
3.providing financing guarantee, subsidy for technological research and
development, assistance for changing the line of business, professional
training or other adjustment measures or assistance.
The measures as referred to in the sub-paragraphs 1 and 2 of Paragraph 1 shall not
be adopted simultaneously.
The measure as referred to in sub-paragraph 1 of Paragraph 1 shall be implemented
pursuant to the provisions of the Customs Law upon the Ministry of Finance being
notified by the Ministry of Economic Affairs. The measure as referred to in
sub-paragraph 2 may be implemented based on the agreement made between the
Ministry of Economic Affairs and the exporting countries regarding relevant
matters. The measure as referred to in sub-paragraph 3, when related to
agricultural products, shall be implemented by the Council of Agriculture of
the Executive Yuan. Other relief measures shall be implemented by the Ministry
of Economic Affairs in conjunction with the government agencies concerned.
Article 5
The term “domestic industry” as referred to in these Rules means the domestic
producers of like products or directly competitive products whose collective
output of the products constitutes, as determined by the International Trade
Commission of the Ministry of Economic Affairs (hereafter referred to as the
“Commission”), a major proportion of the total domestic production of those
products.
The term “like products” as referred to herein means products having the same
characteristics and are composed of the same materials; the term “directly
competitive products” means products which, despite the differences in their
characteristics or composing materials, are directly substitutable products
in terms of their utility purpose and commercial competitiveness.
Article 5-1
The term "interested parties" as referred to herein means:
1.foreign producers, foreign exporters, domestic importers or the
commercial/industrial associations to which they belong as major members;
2.the government or its representative(s) of the exporting countries or
the countries of origin;
3.the domestic producers of like products or directly competitive products
or the commercial/industrialassociations to which they belong as major members;
4.other interested parties as identified by the Commission.
Article 6
With respect to an import relief case, the Ministry of Economic Affairs may,
upon the petition by the relevant authority, the injured domestic industry,
the association representing the injured domestic industry, labor union or
the relevant entities, refer the case to the Commission to proceed with the
injury investigation.
Article 7
Unless otherwise provided by these Rules, a decision of the Commission shall
be taken by a majority of the attending Commissioners at a meeting attended
by a majority of the Commissioners.
Article 7-1
Any legal matters stipulated in these Rules with the indication of public
notice shall be published inthe Government Gazette.
Chapter 2 Petition
Article 8
In the case of petition for import relief, the petitioner shall submit a
written petition to the Ministry of Economic Affairs, setting forth the
following particulars and enclosing the following relevant information:
1.proof that the petitioner meets the qualifications prescribed in Article 6;
2.a description of the imported goods:
(1)the name and import and export commodity classification code of the goods,
tariff code, quality, specifications, usage and other characteristics;
(2)the country of export, country of origin, producer, exporter, and importer;
3.the facts about the industry being affected:
(1)the production, sales, inventory, product, price, profits and losses,
capacity utilization, and employment of the domestic industry, and their changes
for the most recent three years prior to the petition date;
(2)the quantity, price and market share of imports in the domestic market for
the most recent three years prior to the petition date;
(3)the quantity and price of the goods imported from the major exporting
countries for the most recent three years prior to the petition date;
(4)other information which may be used to allege the fact that the industry
has been affected;
4.the adjustment plan and the proposed relief measures allowing the industry
to recover its competitiveness or to shift to another line of business.
The particulars and information which shall be set forth or required under
sub-paragraphs 2 and 3 of the preceding paragraph may be exempted, if the
petitioner has justification for not being able to provide the same and the
Commission has so agreed.
The adjustment plan as referred to in sub-paragraph 4 of Paragraph 1 may be
submitted within 90 days of the filing of the petition.
Article 9
Unless in any of the following situations which would cause the dismissal of
the petition, the Ministry of Economic Affairs, shall, within 30 days from
the day after receiving the petition, refer the import relief case to the
Commission for review and decision on whether to initiate an investigation;
provided,however, that the time required for the petitioner to supplement
information shall not be included in the thirty-day period:
1.the petitioner is not qualified as required in Article 6; or
2.the petitioner fails to meet the requirements stipulated in Article 8,
Paragraph 1, and fails to supplement data within the period as notified
or fails completely to supplement the information.
Regardless of whether a decision is made to initiate an investigation or not,
the Ministry of Economic Affairs shall immediately notify the petitioner and
known interested parties in writing and give a public notice thereof.
Chapter 3 Investigation Into Injury Caused To The Industry
Article 10
Where the Commission investigates into an import relief case, the Chairperson
of the Commission shall designate one or two Commissioners to be responsible
for handling the case and, where necessary, request the relevant agency to
assign staff or commission scholars and experts in the relevant fields on a
case-by-case basis to assist in the investigation.
Article 11
The Commission, when conducting investigation into an import relief case,
shall comply with the following:
1.it shall review the information provided by the petitioner and the
interested parties, and may assign staff to conduct on-site verification,
and when necessary, may require the provision of additional relevant
information; and
2.it shall hold hearings.
The petitioner or interested parties shall provide information according to the
requirements of the Commission; if such information is not provided, the
Commission may proceed to examine the case based on the information available.
Article 12
The Commission shall permit public access to the information provided by the
petitioner or interested parties, except where a request with justification
has been made for keeping the information confidential.
With respect to the request for confidentiality referred to in the preceding
paragraph, the Commission may require provision of a summary which can be
made public; if the request for provision of a summary is refused without
justification, the Commission may disregard the said information.
Article 13
The Commission shall give public notice in advance of the date set forth for
each hearing.
The Commission shall at the same time notify the petitioner and the known
interested parties to attend the hearing.
Article 14
Application to attend a hearing may be submitted to the Commission in
advance of the date set forth for a specific hearing. The applicant may
present its substantive opinions relating to the case in writing to the
Commission prior to a specific hearing.
Article 15
The Commission may, prior to the formal holding of a specific hearing,
convene a meeting relating to procedural matters to decide on the order of
presentations, the time allocated to each presentation,and other relevant
matters.
Each hearing shall be presided over by the one or more Commissioners
designated by the Chairpersonof the Commission pursuant to Article 10.
Article 16
(deleted)
Article 16-1
If the Commission, in its preliminary investigation of a case, determines
that there is clear evidence that increased imports have caused or are
threatening to cause serious injury to the domestic industry producing like
products or directly competitive products, and that the situation is critical,
such that delay would cause damage that would be difficult to repair , the
Commission may make a proposal for a provisional increase of the tariffs before
its final determination on the existence of the injury.The said proposal shall
be made within 70 days from the next day following the notification by the
Ministry of Economic Affairs to the petitioner on the initiation of the
investigation.
The Commission shall submit, within ten days, to the Ministry of Economic
Affairs the proposal referred to in the preceding paragraph for the
provisional increase of tariffs. Upon the Ministry’s adoption of the said
proposal, the Ministry shall consult with the relevant competent authorities
within ten days and then submit the proposal to Executive Yuan for approval.
The implementation period shall not exceed 200 days and shall be counted in
the implementation period as prescribed in Article 23.
The provisional measures referred to in the preceding paragraph shall
terminate when the Ministry of Economic Affairs gives a public notice stating
either that the import relief measures are applied or that the injury does not
exist.
The tariffs imposed under the provisional measures may be substituted and
guaranteed by government bonds or other securities approved by the Ministry
of Finance of equivalent amount. When the Ministry of Economic Affairs gives
a public notice that the injury determination is negative, the tariffs collected
under the provisional measures shall be refunded and/or the guarantees be waived.
When the Ministry gives a public notice on the application of import relief
measures, the tariffs imposed under the provisional measures shall be fully paid
in cash and the guarantees be waived thereupon
Article 17
Having completed the investigation with respect to an import relief case, the
Commission shall convene a Commissioners Meeting to decide whether the
domestic industry has been injured.
The decision referred to in the preceding paragraph shall be made by at least
two-thirds of the attending Commissioners at a meeting attended by at least half
of the Commissioners.
Article 18
Unless otherwise provided in Article 19, Paragraph 1, the Commission shall
make a decision as to whether the industry has been injured within 120 days
from the day after the petitioner is notified of the initiation of the
investigation by the Ministry of Economic Affairs.
The time limit referred to in the preceding paragraph may be extended by 60
days, if necessary, and the Commission shall notify the petitioner of such
extension of time and give public notice thereof.
Article 19
With respect to an import relief case for perishable agricultural products
where the serious injury would be difficult to cure if relief measures are
not adopted in time, the Ministry of Economic Affairs shall, within 20 days
from the day following the receipt of the petition, refer the case to the
Commission for review as to whether or not to initiate an investigation, and
shall also apply Article 9 mutatis mutandis with respect to the procedures
regarding supplementation, dismissal, notification and giving public notice.
When an investigation is to be initiated, the Commission shall make a
decision as to whether the industry has been injured or not within 70 days
from the day after the petitioner is notified of the initiation of the
investigation by the Ministry of Economic Affairs.
The perishable agricultural products referred to in the preceding paragraph
shall be determined by the competent central agricultural authority on a
case-by-case basis.
Article 20
In respect of a decision on whether the industry has been injured, the
Commission shall, within 15 days after the decision is made, prepare a
letter of decision and submit it to the Ministry of Economic Affairs
together with an investigation report. The Ministry of Economic Affairs
shall notify the petitioner and known interested parties of the decision
in writing and give a public notice thereof.
In case of an affirmative decision that the industry has been injured,
the Commission shall, within 30 days from the date the decision is made,
hold a hearing on the import relief measures it intends to adopt, and
thereafter submit to the Ministry of Economic Affairs a recommendation
as to whether import relief measures shall be adopted.
Whenever the Commission submits a recommendation that relief measures
shall not be adopted and the Ministry of Economic Affairs finds its
recommendation acceptable, the Ministry of Economic Affairs shall promptly
give a public notice that no relief measure will be implemented; if the
Ministry of Economic Affairs does not find its recommendation acceptable,
the Ministry of Economic Affairs shall promptly order the Commission
to hold a hearing within 30 days on the import relief measures to be
adopted, and thereafter submit its recommendation to the Ministry of
Economic Affairs.
The provisions of Articles 13 through 16 shall apply mutatis mutandis
to the procedure for holding the hearing referred to in the preceding
paragraph.
Article 21
The Commission’s recommendation to the Ministry of Economic Affairs for
adopting or not adopting relief measures shall be made by at least
two-thirds of the attending Commissioners at a meeting attended by at
least half of the Commissioners.
Chapter 4 Import Relief
Article 22
After the Ministry of Economic Affairs has agreed to the Commission’s
recommendation to adopt import relief measures, it shall, except for the
adoption of the relief measures as provided in Article 4, sub-paragraph 1
of Paragraph 1, which shall be dealt with in accordance with the relevant
provisions of the Customs Law, decide within 60 days on the relief measures
which shall be adopted ex officio or in consultation with the government
agencies concerned; thereafter, it shall give public notice of and implement
such relief measures and report to the Executive Yuan for recordal.
The Ministry of Economic Affairs may, if necessary, notify and consult with
the interested countries before making the decision referred to in the
preceding paragraph.
Article 23
The implementation of import relief measures shall take into account the
effect each import relief case will have on national economic interests,
the rights and interests of the consumers and the relevant industries,
and shall be limited to the scope of curing or preventing the injury
caused to the industry by the import. The period of implementation shall
not exceed 4 years.
Article 24
If the cause for implementing import relief measures ceases to exist or
if there is a change in circumstances after the implementation of the
measures, the petitioner or interested parties may file a request, to
the Ministry of Economic Affairs for termination or modification of the
relief measures with concrete reasons and accompanied by evidence.
The request referred to in the preceding paragraph shall be submitted at
the latest within 90 days prior to the expiration of the period of
implementation of the measures.
With respect to the request referred to in Paragraph 1, the Commission
shall conduct an investigation according to the procedure provided in
Chapter III and, upon the making of a decision on whether to recommend
termination or modification of relief measures, submit the recommendation
to the Ministry of Economic Affairs. If the Ministry finds the
Commission’s recommendation to be acceptable, it shall promptly give a
public notice of termination or modification of the measures.
Article 25
If the petitioner considers that there is a need to extend the period of
implementation of the import relief measures, it may petition to the
Ministry of Economic Affairs within 120 days prior to the expiration of
the period of implementation of the measures at the latest, for extending
the relief measures with concrete reasons for the need to extend the
period of implementation and a description of the said industry’s
adjustment performance and plan, and accompanied by evidence.
The Ministry of Economic Affairs shall, within 90 days from the date
following the day on which it receives the petition for extension, make
a decision as to whether the relief shall be extended, and give a
public notice on the measures implemented and the period of extension.
The provisions of Chapter II through IV shall apply mutatis
mutandis with respect to the procedure for handling the same.
The extent of relief of the extended measures referred to in Paragraph1
shall not exceed that of the original measures. The period of extension
shall not exceed four years, and the extension shall be limited to one time.
Article 26
The Commission shall prepare an annual review report on the results and
effects of the implementation of the relief measures adopted. If it
believes that the cause for implementing the said measures have extinguished
or that there is a change in circumstances, it shall recommend the Ministry
of Economic Affairs to terminate or modify the measures. If the Ministry of
Economic Affairs finds its recommendation acceptable, the Ministry of
Economic Affairs shall promptly give a public notice of termination or
modification of the measures.
Prior to the preparation of the annual review report, the Commission shall
hold a hearing. Theprovisions of Articles 13 through 16 shall apply mutatis
mutandis with respect to the procedure for holding the relevant hearing.
Chapter 4-1 (deleted)
Article 26-1
(deleted)
Article 26-2
(deleted)
Article 26-3
(deleted)
Article 26-4
(deleted)
Article 26-5
(deleted)
Article 26-6
(deleted)
Chapter 4-2
(deleted)
Article 26-7
(deleted)
Article 26-8
(deleted)
Article 26-9
(deleted)
Article 26-10
(deleted)
Article 26-11
(deleted)
Article 26-12
(deleted)
Article 26-13
(deleted)
Article 26-14
(deleted)
Article 26-15
(deleted)
Chapter 4-3 Import Relief against Products Under the Early Harvest from
Mainland China
Article 26-16
The petitions filed pursuant to Paragraph 1 of Article 18 of the Act,
for the investigation on injuries to an industry and the application
of import relief measures, may be specific on the products under the
Early Harvest from Mainland China.
A case of injury to the industry as referred to in the preceding
paragraph is to be established,when there is an increase in the
mported quantity of the product under the Early Harvest from Mainland
China, or an increase in such imports relative to domestic production,
so as to cause or threaten to cause serious injury to the domestic
industry producing like products or directlycompetitive products.
Article 26-17
For those import relief cases in which the existence of injury or
threat thereof has been established pursuant to Paragraph 2 of the
preceding article, the Ministry of Economic Affairs may adopt the
tariff adjusting measures.
The measure as referred to in the preceding paragraph shall be
implemented pursuant to the provisions of the Customs Law upon the
Ministry of Finance being notified by the Ministry of Economic Affairs.
Article 26-18
The implementation of the measure as referred to in the preceding
Article shall take into account the effect each import relief case
will have on national economic interests, the rights and interests
of the consumers and the relevant industries, and shall be limited
to the scope of curing or preventing the injury caused to the
industry by the import. The period of implementation shall not
exceed 1 year.
Article 26-19
Except for Subparagraph 2 of Paragraph 1 of Article 4, Subparagraph 4
of Paragraph 1 and Paragraph 3 of Article 8, Paragraph 2 of Article 18
and Article 23 to Article 26, articles inthese Rules shall be applied
mutatis mutandis to this Chapter.
Chapter 5 Supplement Provisions
Article 27
(deleted)
Article 28
If the Ministry of Economic Affairs shall, during the proceeding of
investigation into the injury caused to the industry, find that
subsidization or dumping as provided under Article 67 or Article 68
of the Customs Law is involved, it shall promptly notify the Ministry
of Finance and the petitioner.
Article 28-1
The matters regarding the investigation, determination, consultation,
the relief measures, etc. which are not provided for in the Act or
these Rules shall be handled in accordance with the applicable
international agreements and customs.
Article 29
These Rules shall be implemented from the date of promulgation.
The effective date of Chapter 4-3 of these Rules shall be determined
by the Ministry of Economic Affairs in consultation with the authorities
concerned.
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