Chapter 4 Import Relief
Article 24
After the MOEA agrees to adopt the import relief measures recommended by the Commission, it shall, except for the relief measures specified in Sub-paragraph 1 of Paragraph 1, Article 5, which shall be handled in accordance with the relevant provisions of the Customs Act, decide within 60 days on the import relief measures to be adopted, either ex officio or in consultation with the relevant government agencies. Subsequently, the MOEA shall issue a public notice on the implementation of such relief measures and report to the Executive Yuan for record.
The MOEA may, if necessary, notify and consult with the interested countries before making the decision referred to in the preceding paragraph.
Article 25
The implementation of import relief measures shall take into account the impact on the overall economic interests of the country, the interests of consumers, and the relevant industries. Import relief measures shall be limited to remedying or preventing the injury caused to the industry by imports. The period of implementation of an import relief measure shall not exceed four years.
Article 26
After a period of time has elapsed since the implementation of import relief measures, if the reasons for implementation have lapsed or changed, the petitioner or interested parties may file a request with the MOEA for the termination or modification of the measures. This request must include substantial reasons and be accompanied by supporting evidence.
The petition referred to in the preceding paragraph shall be submitted no later than 90 days before the expiration of the implementation of the measures.
When a petition referred to in Paragraph 1 has been filed, TITA shall conduct an investigation according to the procedure provided in Chapter 3 and submit the results to the Commission for deliberation on whether to terminate or modify the relief measures. Subsequently, the Commission shall submit its recommendation to the MOEA. If the Ministry accepts the Commission’s recommendation, it shall promptly issue a public notice of the termination or modification of the measures.
Article 27
Before the expiration of the implementation period of the import relief measures, if the petitioner considers that the implementation period needs to be extended, they may file a petition with the MOEA no later than 120 days before the expiration of the implementation period. The petition must include substantial reasons for the need to extend the measures, as well as an explanation of the industry’s adjustment performance and plan, supported by evidence.
The MOEA shall, within 90 days from the day after receiving the petition for extension, decide whether to extend the import relief measures, and it shall issue a public notice regarding the extended measures and the period of extension. The procedures outlined in Chapters II through IV shall apply mutatis mutandis to the handling of the case.
The extent of relief provided by the extended measures referred to in Paragraph 1 shall not exceed that of the original measures. The period of extension shall not exceed four years, and such extension shall be limited to one time.
Article 28
TITA shall prepare an annual review report on the results and effects of the implementation of the import relief measures and submit it to the Commission for deliberation. If the Commission believes that the cause for implementing the said measures has lapsed or changed, it shall recommend that the MOEA terminate or modify the measures. If the MOEA accepts the recommendation, it shall promptly issue a public notice of termination or modification of the measures.
For the preparation of the annual review report, TITA shall hold a hearing. The provisions of Articles 15 through 17 shall apply mutatis mutandis with respect to the procedure for holding the hearing.