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Chapter Law Content

Chapter 3 Investigation Into Injury Caused To The Industry
Article 10
Where the Commission investigates into an import relief case, the Chairperson 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 11
The Commission, when conducting investigation into an import relief case, shall comply with the following:
1.it shall review the information provided by the petitioner and the interested parties, and may assign staff to conduct on-site verification, and when necessary, may require the provision of additional relevant information; and
2.it shall hold hearings.
The petitioner or interested parties shall provide information according to the requirements of the Commission; if such information is not provided, the Commission may proceed to examine the case based on the information available.
Article 12
The Commission shall permit public access to the information provided by the petitioner or interested parties, except where a request with justification has been made for keeping the information confidential.
With respect to the request for confidentiality referred to in the preceding paragraph, the Commission may require provision of a summary which can be made public; if the request for provision of a summary is refused without justification, the Commission may disregard the said information.
Article 13
The Commission shall give public notice in advance of the date set forth for each hearing.
The Commission shall at the same time notify the petitioner and the known interested parties to attend the hearing.
Article 14
Application to attend a hearing may be submitted to the Commission in advance of the date set forth for a specific hearing. The applicant may present its substantive opinions relating to the case in writing to the Commission prior to a specific hearing.
Article 15
The Commission may, prior to the formal holding of a specific hearing, convene a meeting relating to procedural matters to decide on the order of presentations, the time allocated to each presentation, and other relevant matters.
Each hearing shall be presided over by the one or more Commissioners designated by the Chairperson of the Commission pursuant to Article 10.
Article 16
(deleted)
Article 16-1
If the Commission, in its preliminary investigation of a case, determines that there is clear evidence that increased imports have caused or are threatening to cause serious injury to the domestic industry producing like products or directly competitive products, and that the situation is critical, such that delay would cause damage that would be difficult to repair , the Commission may make a proposal for a provisional increase of the tariffs before its final determination on the existence of the injury. The said proposal shall be made within 70 days from the next day following the notification by the Ministry of Economic Affairs to the petitioner on the initiation of the investigation.
The Commission shall submit, within ten days, to the Ministry of Economic Affairs the proposal referred to in the preceding paragraph for the provisional increase of tariffs. Upon the Ministry’s adoption of the said proposal, the Ministry shall consult with the relevant competent authorities within ten days and then submit the proposal to Executive Yuan for approval. The implementation period shall not exceed 200 days and shall be counted in the implementation period as prescribed in Article 23.
The provisional measures referred to in the preceding paragraph shall terminate when the Ministry of Economic Affairs gives a public notice stating either that the import relief measures are applied or that the injury does not exist.
The tariffs imposed under the provisional measures may be substituted and guaranteed by government bonds or other securities approved by the Ministry of Finance of equivalent amount. When the Ministry of Economic Affairs gives a public notice that the injury determination is negative, the tariffs collected under the provisional measures shall be refunded and/or the guarantees be waived. When the Ministry gives a public notice on the application of import relief measures, the tariffs imposed under the provisional measures shall be fully paid in cash and the guarantees be waived thereupon
Article 17
Having completed the investigation with respect to an import relief case, the Commission shall convene a Commissioners Meeting to decide whether the domestic industry has been injured.
The decision referred to in the preceding paragraph shall be made by at least two-thirds of the attending Commissioners at a meeting attended by at least half of the Commissioners.
Article 18
Unless otherwise provided in Article 19, Paragraph 1, the Commission shall make a decision as to whether the industry has been injured within 120 days from the day after the petitioner is notified of the initiation of the investigation by the Ministry of Economic Affairs.
The time limit referred to in the preceding paragraph may be extended by 60 days, if necessary, and the Commission shall notify the petitioner of such extension of time and give public notice thereof.
Article 19
With respect to an import relief case for perishable agricultural products where the serious injury would be difficult to cure if relief measures are not adopted in time, the Ministry of Economic Affairs shall, within 20 days from the day following the receipt of the petition, refer the case to the Commission for review as to whether or not to initiate an investigation, and shall also apply Article 9 mutatis mutandis with respect to the procedures regarding supplementation, dismissal, notification and giving public notice.
When an investigation is to be initiated, the Commission shall make a decision as to whether the industry has been injured or not within 70 days from the day after the petitioner is notified of the initiation of the investigation by the Ministry of Economic Affairs.
The perishable agricultural products referred to in the preceding paragraph shall be determined by the competent central agricultural authority on a case-by-case basis.
Article 20
In respect of a decision on whether the industry has been injured, the Commission shall, within 15 days after the decision is made, prepare a letter of decision and submit it to the Ministry of Economic Affairs together with an investigation report. The Ministry of Economic Affairs shall notify the petitioner and known interested parties of the decision in writing and give a public notice thereof.
In case of an affirmative decision that the industry has been injured, the Commission shall, within 30 days from the date the decision is made, hold a hearing on the import relief measures it intends to adopt, and thereafter submit to the Ministry of Economic Affairs a recommendation as to whether import relief measures shall be adopted.
Whenever the Commission submits a recommendation that relief measures shall not be adopted and the Ministry of Economic Affairs finds its recommendation acceptable, the Ministry of Economic Affairs shall promptly give a public notice that no relief measure will be implemented; if the Ministry of Economic Affairs does not find its recommendation acceptable, the Ministry of Economic Affairs shall promptly order the Commission to hold a hearing within 30 days on the import relief measures to be adopted, and thereafter submit its recommendation to the Ministry of Economic Affairs.
The provisions of Articles 13 through 16 shall apply mutatis mutandis to the procedure for holding the hearing referred to in the preceding paragraph.
Article 21
The Commission’s recommendation to the Ministry of Economic Affairs for adopting or not adopting relief measures shall be made by at least two-thirds of the attending Commissioners at a meeting attended by at least half of the Commissioners.