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Chapter Law Content

Chapter 3 Investigation into Injury Caused to the Industry
Article 12
Where the Commission investigates into an import relief case, the chairman 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 13
The Commission, when conducting investigation into an import relief case, shall comply with the following rules:
1. it shall review the information provided by the petitioner and the interested
parties, may assign staff to conduct on-site verification and, when necess
may require additional provision of relevant information; and
2. it shall hold hearings.
The hearing referred to in sub-paragraph 2 of the preceding paragraph shall be presided over by the specific
Commissioner designated by the Chairman of the Commission .
The petitioner or the interested parties shall provide information according to the requirements of the Commission; if such
information is not provided within the specified time, the Commission may proceed to examine the case based on the
information available.
Article 14
The petitioner and the interested parties shall indicate in writing whether or not the information they provide may be made
public or shall be kept confidential; when a request for confidentiality is made, a summary which can be made public shall be
provided.
If the request for confidentiality is not justified or a public summary is not provided, the Commission may disregard the
said information.
When the petitioner or interested parties have made a request for confidentiality with justification, the Commission shall
not disclose the said information without the approval of the petitioner or the interested parties.
Article 15
The Commission shall permit access to non-confidential information provided by the petitioner or interested parties.
Article 16
The Commission shall complete its investigation within 90 days from the day after the petitioner is notified of the
initiation of investigation by the Ministry of Economic Affairs, and it shall convene a Commissioners Meeting to make a
decision as to whether a case of injury shall or shall not be established.
When a decision is made that there has been injury to the industry, the Commission shall continue to make recommendations
as to the nature and extent of restriction to be established and the countries/regions to which they shall be applied.
The time limit referred to in Paragraph 1 may be extended by 45 days, if necessary, and the extension shall be limited to
one time; the Commission shall notify the petitioner and the known interested parties of such an extension of time and the
reasons for it, and announce the same publicly.
Article 17
The decision referred to in the preceding Article shall be made by at least half of the attending Commissioners at a
meeting attended by at least half of the Commissioners.
Article 18
The Commission shall, within 15 days after its decision on the import relief measures is made, prepare a letter of decision
and submit to the Ministry of Economic Affairs together with an investigation report. The Ministry of Economic Affairs shall
notify the petitioner and the known interested parties of the decision in writing, and shall give a public notice of the decision; in
case of an affirmative decision that the industry has been injured, the Ministry of Economic Affairs shall notify the known
producers and exporters or the representatives of governments in those countries/regions to which the measures shall be
applied.