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Chapter Law Content

Chapter 1 General Provisions
Article 1
These Rules are prescribed in accordance with the provisions of Article 18, paragraph 3 of the Foreign Trade Act (hereafter referred to as “the Act”).
Article 2
The term “import relief case” as referred to herein means a case in which application has been made for investigation into the injury caused to an industry and for import relief pursuant to Article 18, Paragraph 1 of the Act.
A case of injury to the industry as referred to in the preceding paragraph is to be established, when there is an increase in the imported quantity of the product concerned, or an increase in such imports relative to domestic production, so as to cause or threaten to cause serious injury to the domestic industry producing like products or directly competitive products.
The term “serious injury” as referred to in the preceding paragraph means an obvious and comprehensive injury to the domestic industry; the term “threat of serious injury” means a serious injury not yet occurred but clearly imminent.
Article 3
In making a determination regarding the existence of serious injury, the amount and rate of increase in imports of the product concerned in absolute terms and relative to domestic production shall be considered altogether, and consideration shall also be given to the following factors in respect of the domestic industry concerned and changes thereof:
1.market share,
2.sales,
3.production,
4.productivity,
5.capacity utilization,
6.profits and losses,
7.employment,
8.other relevant factors.
In making a determination regarding the existence of a threat of serious injury, in addition to the factors and their trend of changes as mentioned in the preceding paragraph, the production capacity and export capability of the major exporting countries shall be considered so as to evaluate whether the said industry is to be seriously injured if the relief measure is not adopted.
The Ministry of Economic Affairs, in determining the injury in accordance with the preceding two paragraphs, shall consider all evidence or information acquired in the investigation. When factors other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports.
Article 4
For those import relief cases in which the existence of injury or threat thereof has been established pursuant to these Rules, the Ministry of Economic Affairs may adopt the following relief measures:
1.adjusting the tariffs,
2.imposing import quotas,
3.providing financing guarantee, subsidy for technological research and development, assistance for changing the line of business, professional training or other adjustment measures or assistance.
The measures as referred to in the sub-paragraphs 1 and 2 of Paragraph 1 shall not be adopted simultaneously.
The measure as referred to in sub-paragraph 1 of Paragraph 1 shall be implemented pursuant to the provisions of the Customs Law upon the Ministry of Finance being notified by the Ministry of Economic Affairs. The measure as referred to in sub-paragraph 2 may be implemented based on the agreement made between the Ministry of Economic Affairs and the exporting countries regarding relevant matters. The measure as referred to in sub-paragraph 3, when related to agricultural products, shall be implemented by the Council of Agriculture of the Executive Yuan. Other relief measures shall be implemented by the Ministry of Economic Affairs in conjunction with the government agencies concerned.
Article 5
The term “domestic industry” as referred to in these Rules means the domestic producers of like products or directly competitive products whose collective output of the products constitutes, as determined by the International Trade Commission of the Ministry of Economic Affairs (hereafter referred to as the “Commission”), a major proportion of the total domestic production of those products.
The term “like products” as referred to herein means products having the same characteristics and are composed of the same materials; the term “directly competitive products” means products which, despite the differences in their characteristics or composing materials, are directly substitutable products in terms of their utility purpose and commercial competitiveness.
Article 5-1
The term "interested parties" as referred to herein means:
1.foreign producers, foreign exporters, domestic importers or the commercial/industrial associations to which they belong as major members;
2.the government or its representative(s) of the exporting countries or the countries of origin;
3.the domestic producers of like products or directly competitive products or the commercial/industrial associations to which they belong as major members;
4.other interested parties as identified by the Commission.
Article 6
With respect to an import relief case, the Ministry of Economic Affairs may, upon the petition by the relevant authority, the injured domestic industry, the association representing the injured domestic industry, labor union or the relevant entities, refer the case to the Commission to proceed with the injury investigation.
Article 7
Unless otherwise provided by these Rules, a decision of the Commission shall be taken by a majority of the attending Commissioners at a meeting attended by a majority of the Commissioners.
Article 7-1
Any legal matters stipulated in these Rules with the indication of public notice shall be published in the Government Gazette.