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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 21:28
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Chapter Law Content

Chapter 2 Petition
Article 10
An applicant applying for an import relief shall file a written application containing the following items, together with sufficient materials, with the MOEA:
1. Proofs that the petitioner meets the qualifications prescribed in Article 3;
2. Information about the imported subject products:
(1) Descriptions, import and export commodity classification codes, tariff codes, qualities, specifications, use and other characteristics;
(2) Countries of exports, countries of origins, producers or exporters of those countries, and domestic importers;
3. Facts about the impact on the domestic industry:
(1) The production, sales, inventory, 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) Quantity, price and market share of imported products concerned in the domestic market for the most recent three years prior to the petition date;
(3) Quantity and price of products concerned imported from the major exporting countries for the most recent three years prior to the petition date;
(4) Other information supporting the assertion that the domestic industry has been affected;
4. The adjustment plan for the domestic industry to recover its competitiveness or to undergo business transformation and the proposal on what import relief measures to be implemented.
The information and supporting materials required under Subparagraphs 2 and 3 of the preceding Paragraph may not be provided if the petitioner has a good reason that has been agreed by the MOEA.
The adjustment plan referred to in Subparagraph 4 of Paragraph 1 may be submitted within 90 days of filing the petition.
Article 11
Unless any of the following situations which would lead to the dismissal of the petition, the MOEA shall, within 30 days from the day after receiving the petition, refer the import relief case to the Commission to deliberate on whether to initiate an investigation. However, the time required for the petitioner to correct or supplement the required information shall not be included in the thirty-day period:
1. The petitioner does not meet the qualifications required in Article 3; or
2. The petitioner fails to comply with the requirements specified in Paragraph 1 of preceding article and subsequently fails to correct or supplement the information adequately within the specified period after being notified.
The MOEA shall promptly notify the petitioner and known interested parties in writing, and issue a public notice, when a decision is made regardless of whether to initiate an investigation.
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