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

Print Time:2024/11/24 02:51
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Chapter Law Content

Chapter 4 Import Relief
Article 19
The adoption of import relief measures and their degree shall take into account the extent of their effect each import relief
case will have on national interests, the rights and interests of the consumers and the relevant industries, and shall be limited to
the extent of curing or preventing the injury caused to the industry by the imports.
Article 20
When the Ministry of Economic Affairs decides not to adopt any relief measures, it shall notify the petitioner and the
known interested parties in writing immediately and give a public notice thereof.
Article 21
When the Ministry of Economic Affairs decides to adopt relief measures, it shall notify the Textiles Monitoring Body of
the World Trade Organization (hereafter referred to as “TMB”) in accordance with the Agreement on Textiles and Clothing
and enter into consultation with those countries/regions to which the measures shall be applied.
Article 22
The Ministry of Economic Affairs shall, after an agreement for the textiles and clothing products concerned is reached as
a result of the consultation, give public notice of quota measures to be implemented and notify the TMB of the contents of the
agreement within 60 days following the date of the conclusion of the agreement.
In the event that no agreement has been reached within 60 days after the date on which the request for consultations was
received, the Ministry of Economic Affairs may, within 30 days upon expiration of the said period, announce the
implementation of the import quotas and at the same time refer the matter to the TMB.
Article 23
The level of such import quotas on the product as aforesaid shall be set at a level not lower than the actual level of imports
or exports from the exporting countries/regions concerned during the 12-month period ending 2 months preceding the month
in which the request for consultations was made.
Article 24
In highly unusual and critical circumstances, where delay would cause damage to the domestic industry which would be
difficult to cure, the Ministry of Economic Affairs may implement import quotas provisionally on the condition that the request
for consultations and notification to the TMB shall be effected within no more than 5 working days after taking the action.
Article 25
The implementation period for the import quotas shall not exceed 3 years. Provided that the textiles and clothing products
concerned are not designated in Article 2 in accordance with the public notice, the said measures shall be terminated
immediately.
Article 26
If the cause for import relief ceases to exist or if there is a change in circumstances after the import quotas have been
implemented for one year, the petitioner or interested parties may file a report to the Ministry of Economic Affairs for
termination or modification of the relief measures with concrete reasons and accompanied by evidence.
In the event of the following situations occurring during the implementation period of the import quotas, the Ministry of
Economic Affairs may, acting in an ex officio capacity or upon petition, terminate the said import quotas:
1. a substantial rise in the domestic prices of the textiles and clothing products concerned is caused by implementation of the
import quotas,
2. the industry structure of the textiles and clothing products concerned cannot be effectively improved.
The provisions of Chapter II shall then apply mutatis mutandis with respect to the application procedures of the preceding
paragraphs.
For any petitions submitted under Paragraph 1 and Paragraph 2, the Commission shall complete its investigation within
90 days from the day after the petitioner is notified of the initiation of the investigation by the Ministry of Economic Affairs.
The time limit 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 27
During the implementation period of the subject relief, if the textiles and clothing products concerned are imported via
another country/region or another method of circumvention is used, the Ministry of Economic Affairs may, acting in an ex
officio capacity or upon petition by the petitioner and interested parties, initiate an investigation and notify the foreign exporters
and domestic importers, as well as the government agency or its representative of the exporting country of the textiles and
clothing products concerned, to submit explanations.
In the event that the Ministry of Economic Affairs reaches an affirmative finding from the aforesaid investigation, it may,
in accordance with the result of the investigation, adjust the import quotas of the concerned countries/regions based on the
quantity that is found to be of the circumvented.
Prior to the adjustment, the Ministry of Economic Affairs may enter into consultations with the said countries/regions.
For any petitions submitted under Paragraph 1, the Commission shall complete its investigation within 90 days from the
day after the petitioner is notified of the initiation of the investigation by the Ministry of Economic Affairs. The time limit 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.
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