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Chapter Law Content

Chapter 3 Industry Injury Investigation
Article 12
For the purpose of conducting an investigation on an import relief case, the Convenor of the Commission shall designate one or two Commissioners to oversee each import relief case. Additionally, TITA may establish a working group, where necessary, inviting staff from relevant agencies or scholars and experts in relevant fields to assist with the investigation on a case-by-case basis.
Article 13
When conducting an investigation on an import relief case, TITA shall comply with the following:
1. It shall examine the information provided by the petitioner and the interested parties, and may conduct on-site verification. It may also require additional information that it deems necessary; and
2. It shall hold hearings.
The petitioner or the interested parties shall provide information upon the request of TITA. If such information is not provided by the deadlines, TITA may proceed to examine the case based on the information available.
Article 14
TITA shall permit public access to the information provided by the petitioner or interested parties, unless a request accompanied by justification has been made to keep the information confidential.
Regarding the request for confidentiality mentioned in the preceding paragraph, TITA may request the provision of a summary that can be disclosed publicly. Failure to comply with this request without justification may result in the said information being disregarded.
Article 15
TITA shall issue a public notice in advance of holding a hearing.
TITA shall also notify the petitioner and known interested parties to attend the hearing.
Article 16
Those who wish to make a presentation of their opinions at a hearing may express their intention to participate to TITA before the hearing and may submit their substantive opinions relating to the case in writing to TITA before the hearing.
Article 17
Before holding a hearing, TITA may convene a procedural meeting to determine the order of presentation, the allocation of time for each, and other related matters.
A hearing shall be presided over by the Commissioner designated by the Convenor of the Commission pursuant to Article 12.
Article 18
If TITA, during its preliminary investigation of a case, finds clear evidence indicating that increased imports have caused or are threatening to cause serious injury to the domestic industry producing like products or directly competitive products, and there are critical circumstances where delay would cause damage that would be difficult to repair, the Commission may propose a provisional increase of tariffs on the products concerned before making a final determination on the existence of the injury. This proposal shall be made within 70 days from the day following the notification by the MOEA to the petitioner regarding the initiation of the investigation.
The proposal for the provisional increase of tariffs as referred to in the preceding paragraph shall be submitted to the MOEA within ten days after it is made by the Commission. If the MOEA agrees to adopt the proposal, it shall, after consulting with the relevant competent authorities, submit the proposal to the Executive Yuan for approval within ten days of the MOEA's agreement. The implementation period shall not exceed 200 days and shall be included in the implementation period as prescribed in Article 25.
The provisional measures referred to in the preceding paragraph shall cease upon the issuance of a public notice by the MOEA, indicating either the formal application of import relief measures or the determination that there is no injury to the domestic industry.
The tariffs imposed as provisional measures may be guaranteed by government bonds or other securities approved by the Ministry of Finance in an equivalent amount. Upon issuance of a public notice by the MOEA stating that no injury exists to the domestic industry, the tariffs imposed as provisional measures shall be refunded, and/or the guarantees waived. Upon issuance of a public notice by the MOEA regarding the application of import relief measures, the guarantees shall be released after the provisional tariffs have been fully paid.
Article 19
After completing the investigation of an import relief case, TITA shall submit the draft investigation report to the Commission for deliberation to determine whether the domestic industry has been injured by imports.
The decision referred to in the preceding paragraph shall be made by at least two-thirds of attendance at a meeting where more than a half of all Commissioners are present.
Article 20
Unless otherwise provided in Paragraph 1 of Article 21, 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 MOEA.
The time limit mentioned in the previous paragraph may be extended by up to 60 days if deemed necessary. TITA shall notify the petitioner and known interested parties of any such extension, along with the reasons for it, and issue a public notice.
Article 21
In cases involving perishable agricultural products where serious injury would be difficult to repair without timely relief measures, the MOEA shall refer the import relief case to the Commission for deliberation on initiating an investigation within 20 days of receiving the petition. Article 11 of these Regulations shall apply mutatis mutandis to matters concerning the procedures for supplementing the petition, dismissing it, issuing notifications, and providing public notices.
When an investigation is initiated as described in the preceding paragraph, the Commission shall decide whether the industry has been injured within 70 days from the day after the petitioner is notified of the investigation's initiation by the MOEA.
The perishable agricultural products referred to in the first paragraph of this Article shall be determined by the Ministry of Agriculture on a case-by-case basis.
Article 22
A decision made by the Commission regarding whether the industry has been injured shall be submitted to the MOEA, along with an investigation report, within 15 days after the decision is made. The MOEA shall notify the petitioner and known interested parties of the decision in writing and issue a public notice thereof.
In the event of an affirmative decision that the industry has been injured, TITA shall, within 30 days from the date the decision is made, hold a hearing on the proposed import relief measures. Subsequently, TITA shall submit the proposed import relief measures to the Commission for recommendation on implementation, and then forward the Commission’s recommendation to the MOEA.
When the Commission makes a recommendation that no import relief measures shall be implemented and the MOEA accepts it, the MOEA shall promptly issue a public notice stating that no import relief measure will be implemented. If the MOEA does not accept the Commission’s recommendation, it shall promptly instruct TITA to hold a hearing within 30 days to determine what import relief measures should be proposed. TITA shall then submit the proposed measures to the Commission for deliberation, and subsequently, the Commission’s recommendation shall be submitted to the MOEA.
The provisions of Articles 15 through 17 shall apply mutatis mutandis to the procedure for holding the hearing referred to in the preceding paragraph.
Article 23
The Commission's recommendation to the MOEA regarding the adoption of import relief measures shall require the approval of at least two-thirds of the attending Commissioners at a meeting where more than half of all Commissioners are present.