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Chapter 1 General Provisions
Article 1
These Regulations are prescribed pursuant to Paragraph 3 of Article 18 of the Foreign Trade Act (hereinafter referred to as the Act).
Article 2
An “import relief case” as referred to in these Regulations means a case in which a petition, pursuant to Paragraph 1, Article 18 of the Act, has been made for an investigation into the injury to a domestic industry caused by imports and for import reliefs.
The injury to a domestic industry, as referred to in the preceding paragraph, is established when there is an increase in the quantity of the imported product concerned, or an increase in such imports relative to domestic production, and under such conditions 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 a significant overall impairment to the domestic industry. The term “threat of serious injury” means a serious injury that has not yet occurred but is clearly imminent.
Article 3
With respect to an import relief case, the Ministry of Economic Affairs (hereinafter referred to as the MOEA) may, upon a petition by the relevant authority, the injured domestic industry, an association, a labor union, or relevant organizations on behalf of the injured domestic industry, refer it to the International Trade Administration (hereinafter referred to as TITA) of the MOEA for investigation, and the results should be submitted to the Trade Remedies Commission (hereinafter referred to as the Commission) of the MOEA for deliberation.
Article 4
In making a determination regarding the existence of serious injury, the amount and rate of increase in imports of the product concerned in absolute terms and relative to domestic production shall be considered, along with the following factors concerning the domestic industry 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 trends of changes in factors referred to in the preceding paragraph, the production capacity and export capability of the major exporting countries shall be taken into account to evaluate whether the said industry would be seriously injured should no import relief measures be imposed.
The MOEA, in determining the injury of the preceding two paragraphs, shall consider all evidence or information gathered during the investigation. If 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 5
For an import relief case in which a domestic industry has been determined to be injured by imports pursuant to these Regulations, the MOEA may adopt the following relief measures:
1. Adjusting the tariffs,
2. Imposing import quotas,
3. Providing financing guarantee, incentives for technological research and development, assistance for business transformation, professional training, or other adjustment measures or assistance.
The measures referred to in Subparagraphs 1 and 2 of the preceding paragraph shall not be adopted simultaneously.
The measure referred to in the Subparagraph 1 of Paragraph 1 shall be implemented pursuant to relevant provisions of the Customs Act by the Ministry of Finance upon notification by the MOEA. The measure referred to in Subparagraph 2 of Paragraph 1 may be implemented based on agreements made between the MOEA and the exporting countries regarding relevant matters. For measures related to agricultural products, as mentioned in Subparagraph 3 of Paragraph 1, the Ministry of Agriculture shall be responsible for implementation, while measures other than those pertaining to agricultural products shall be implemented by the MOEA in coordination with related government agencies.
Article 6
The term “domestic industry”, as referred to in these Regulations, means the domestic producers of like products or directly competitive products whose collective output constitutes a major proportion of the total domestic production of those products, as determined by the MOEA.
The term “like products”, as referred to in these Regulations, means products having the same characteristics and composed of the same materials as the imported products concerned. The term “directly competitive products” refers to products that, despite differences in their characteristics or composition, are directly substitutable in terms of their utility and commercial competitiveness with the imported products concerned.
Article 7
The term "interested parties" referred to in these Regulations include the following:
1.Foreign producers or exporters, domestic importers or the commercial/industrial associations to which they belong as major members, of the imported products concerned,
2.The government or its representative(s) of the exporting countries or the countries of origin, of the imported products concerned,
3.Domestic producers of like products or directly competitive products, or the commercial/industrial associations to which they belong as major members,
4.Other interested parties as identified by the MOEA.
Article 8
Unless otherwise specified by these Regulations, decisions of the Commission shall be made by a majority of the attending Commissioners at meetings in which more than half of all Commissioners are present.
Article 9
Any information for public notice required by these Regulations shall be published in the Government Gazette.