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Chapter Law Content

Chapter 2 Petition
Article 8
In the case of petition for import relief, the petitioner shall submit a written petition to the Ministry of Economic Affairs, setting forth the following particulars and enclosing the following relevant information:
1.proof that the petitioner meets the qualifications prescribed in Article 6;
2.a description of the imported goods:
(1)the name and import and export commodity classification code of the goods, tariff code, quality, specifications, usage and other characteristics;
(2)the country of export, country of origin, producer, exporter, and importer;
3.the facts about the industry being affected:
(1)the production, sales, inventory, product, price, profits and losses, capacity utilization, and employment of the domestic industry, and their changes for the most recent three years prior to the petition date;
(2)the quantity, price and market share of imports in the domestic market for the most recent three years prior to the petition date;
(3)the quantity and price of the goods imported from the major exporting countries for the most recent three years prior to the petition date;
(4)other information which may be used to allege the fact that the industry has been affected;
4.the adjustment plan and the proposed relief measures allowing the industry to recover its competitiveness or to shift to another line of business.
The particulars and information which shall be set forth or required under sub-paragraphs 2 and 3 of the preceding paragraph may be exempted, if the petitioner has justification for not being able to provide the same and the Commission has so agreed.
The adjustment plan as referred to in sub-paragraph 4 of Paragraph 1 may be submitted within 90 days of the filing of the petition.
Article 9
Unless in any of the following situations which would cause the dismissal of the petition, the Ministry of Economic Affairs, shall, within 30 days from the day after receiving the petition, refer the import relief case to the Commission for review and decision on whether to initiate an investigation; provided, however, that the time required for the petitioner to supplement information shall not be included in the thirty-day period:
1.the petitioner is not qualified as required in Article 6; or
2.the petitioner fails to meet the requirements stipulated in Article 8, Paragraph 1, and fails to supplement data within the period as notified or fails completely to supplement the information.
Regardless of whether a decision is made to initiate an investigation or not, the Ministry of Economic Affairs shall immediately notify the petitioner and known interested parties in writing and give a public notice thereof.