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| **[World Trade]{.smallcaps}**                    |                   |
|                                                  |                   |
| **[Organization]{.smallcaps}**                   |                   |
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|                                                  | **                |
|                                                  | G/ADP/N/1/KOR/5** |
|                                                  |                   |
|                                                  | 25 April 2001     |
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|                                                  | (01-2065)         |
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|                                                  |                   |
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| **Committee on Anti-Dumping Practices**          | Original: English |
+--------------------------------------------------+-------------------+

NOTIFICATION OF LAWS AND REGULATIONS UNDER

ARTICLE 18.5 OF THE AGREEMENT

KOREA

The following communication, dated 20 April 2001, has been received from
the Permanent Mission of Korea.

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Pursuant to Article 18.5 of the Agreement on the Implementation of
Article VI of the General Agreement on Tariffs and Trade 1994
(Anti-Dumping Agreement), the Government of Korea wishes to notify the
revised Customs Act and its sub-regulations concerning anti-dumping
measures, which entered into force on 1 January 2001. Since the main
focus of revision was complete renumbering of provisions, this
notification includes all existing and revised provisions, and some
modification of translation into English.

**THE CUSTOMS ACT**

**[Article 51 (Subjects of Anti-dumping Duty]{.underline})**

In cases where the request for imposition has been made by a person
prescribed in the Presidential Decree and having interest in the
domestic industry, or the Minister of relevant authorities, and where it
is confirmed through an investigation that importation of foreign
products at a price lower than the normal value (hereinafter referred to
as \"dumping\") results in any of the following Sub-paragraphs
(hereinafter referred to as \"material injury, etc.\"), and it is deemed
necessary to protect the domestic industry concerned, a duty in an
amount not more than the difference between the normal value and the
dumping price (hereinafter referred to as the "dumping margin\") of such
products (hereinafter referred to as \"anti-dumping duty\") may be
additionally imposed on such products, by designating the products and
supplier or supplying country through the Ordinance of the Minister of
Finance and Economy.

\(1\) material injury to a domestic industry is caused or threatened;

\(2\) material retardation of the establishment of a domestic industry
is caused.

**[Article 52 (Investigation of Dumping and Material Injury,
etc.)]{.underline}**

1\. Investigation of dumping and material injury, etc. provided in
Article 51 shall be conducted according to the Presidential Decree.

2\. If it is deemed necessary to consider the competitiveness of the
relevant industry, price stabilization, and trade co-operation, in
imposing of anti-dumping duty, the Minister of Finance and Economy may
reflect such factors through investigation on them.

**[Article 53 (Provisional Measures prior to Imposition of Anti-dumping
Duty)]{.underline}**

1\. Where an investigation has been initiated to determine whether or
not an anti-dumping duty is to be imposed, and any of the requirements
provided in the following Sub-paragraphs is met, the Minister of Finance
and Economy may, even before the investigation is concluded, order a
measure to additionally impose a provisional anti-dumping duty, which is
not greater than the amount equivalent to the dumping margin estimated
provisionally, or to provide a security by designating the products,
supplier or supplying country and period (hereinafter referred to as
\"provisional measures\" in this Section) as prescribed in the
Presidential Decree to prevent the injury caused during the period of
investigation,

\(1\) where there is sufficient evidence to presume that there has been
the fact of dumping and material injury, etc., caused thereby.

\(2\) where the undertakings as referred to in Article 54 are violated,
or a demand for materials on the fulfilment of the undertakings and a
demand to allow the verification of the materials presented is not
complied, and there is the best information available.

2\. The provisional anti-dumping duty paid shall be refunded, or the
security provided shall be released, as prescribed in the Presidential
Decree, in any cases as referred to in the following Sub-paragraphs:

\(1\) The request for the imposition of an anti-dumping duty on the
goods subject to provisional measures is withdrawn, and the
investigation is terminated accordingly;

\(2\) Whether or not the anti-dumping duty is to be imposed on the goods
subject to provisional measures is determined; and

\(3\) The undertaking is accepted according to Article 54.

3\. Notwithstanding the provisions in Paragraph 2, if the anti-dumping
duty is higher than the provisional anti-dumping duty, the difference
shall not be collected, and if the anti-dumping duty is lower than the
provisional anti-dumping duty, the difference shall be refunded, in any
cases as referred to in the following Sub-paragraphs:

\(1\) The undertakings referred to in the Article 54 were accepted after
it was determined that there was a fact of dumping and material injury,
etc. caused thereby as the result of investigation thereon; and

\(2\) The anti-dumping duty is applied retroactively to the products
according to the provision of provisio of Article 55

**[Article 54 (Proposal of Undertakings Related to the Anti-dumping
Duty)]{.underline}**

1\. When it is determined that there was a fact of dumping and material
injury, etc. caused thereby through the preliminary investigation with
the objective of determining whether to impose anti-dumping duty, the
exporter of the products concerned or the Minister of Finance and
Economy may propose undertakings to revise the price or to cease exports
at the dumping price so that the injury caused by the dumping could be
eliminated, in accordance with the Presidential Decree.

2\. If the undertakings, as referred to in Paragraph 1, are accepted,
the Minister of Finance and Economy shall have the investigation
suspended or terminated without taking any provisional measures or
imposing any anti-dumping duty. However, if the Minister of Finance and
Economy deems the investigation to be necessary, or the exporter
requests to continue the investigation, the investigation may be
continued.

**[Article 55 (Timing for Imposition of the Anti-dumping
Duty)]{.underline}**

The imposition of the anti-dumping duty and the provisional measures
shall be applied to the products imported after such measures are
adopted. However, if the international agreement or the Presidential
Decree provides otherwise with regard to the products to which
provisional measures has been applied, the anti-dumping duty may be
imposed on such products

**[Article 56 ( Review on the Imposition of the Anti-dumping Duty,
etc.)]{.underline}**

1\. The Minister of Finance and Economy may, if necessary, conduct a
review on the imposition of the anti-dumping duty, and on the
undertakings provided in Article 54, pursuant to the Presidential
Decree, and take measures which are necessary for the imposition of the
anti-dumping duty, modification of the contents of the undertakings,
refund, etc., as a result of such a review.

2\. Except in cases where the expiry date is determined separately by
the Ordinance of the Minister of Finance and Economy, the imposition of
the anti-dumping duty or the undertakings accepted under Article 54,
shall lose its effect after five years from the imposition of the
anti-dumping duty or the implementation of the undertakings, and if its
contents are modified as a result of the review of dumping and
industrial injury, as referred to in Paragraph 1, it shall lose its
effect after five years from the date of implementation of such a
modification except the cases where the imposition period is provided
separately by the Ordinance of the Minister of Finance and Economy.

3\. Matters concerning the imposition of the anti-dumping duty and its
enforcement as referred to in Paragraph 1 and 2, and Articles 51 through
54 shall be determined by the Presidential Decree.

**ENFORCEMENT DECREE OF THE CUSTOMS ACT**

**[(Presidential Decree)]{.underline}**

**[Article 58 (Comparison between the Normal Value and the Dumping
Price]{.underline})**

1\. For the purpose of Article 51 of the Act, the term \"normal value\"
means the price of the like product in the ordinary course of trade
which is consumed in the country that supplies the product. However, if
the like product is not traded, or if it is impossible to apply the
price used in the ordinary course of trade in such a country because of
the particular market situation, etc., then a comparable price which is
representative of the export prices of the like product from such a
country to third countries, or a price that includes the cost of
production in the country of origin, a reasonable amount for
administrative and selling costs, and profits (hereinafter referred to
as the \"constructed value\") shall be considered the normal value.

2\. If the product is imported through a third country and not directly
from the country of origin, the price used in the ordinary course of
trade in the third country shall be considered the normal value.
However, if the product is simply shipped through or no actual
production of the like product takes place or there is no price that is
recognized as the price used in the ordinary course of trade in the
third country, then the price used in the ordinary course of trade in
the country of origin shall be considered the normal value.

3\. Notwithstanding the provisions of Paragraphs 1 and 2, if the product
concerned is imported from a country in which the state controls the
economy and a market economy system is not established, the normal value
is considered to be one of the following prices. However, if the
country, which does not have the market economy system, is in the
transition process to a market economy system, as provided in the
Ordinance of the Minister of Finance and Economy, then the price in the
ordinary course of trade, etc., as prescribed by Paragraphs 1 and 2, may
be considered the normal value:

\(1\) the price of the like product consumed in the ordinary course of
trade in market economy countries other than Korea; and

\(2\) the export price from the market economy countries other than
Korea to third countries including Korea, or the constructed value.

4\. For the purpose of Article 51 of the Act, the term \"dumping price\"
means the price actually paid or to be paid for a product for which an
investigation is initiated, as prescribed in Article 60. However, if it
is impossible to establish a dumping price on the basis of the price
actually paid or to be paid because of special relationship or
compensatory arrangements between the supplier and the importer or a
third person as prescribed in Article 23, Paragraph 1 of the Act, then
it can be any of the following prices:

\(1\) the price as determined by the Ordinance of the Minister of
Finance and Economy based on the resale price at which the imported
product is resold for the first time to a purchaser who has no such
special relationship, or compensatory arrangement;

\(2\) the price based on such reasonable criteria as determined by the
Ordinance of the Minister of Finance and Economy when the products are
not resold to a purchaser who has no such special relationship or
compensatory arrangement, or when the products are not resold in the
condition that they were imported.

5\. A comparison between the normal value and the dumping price shall be
made at the same time and level (normally at the ex-factory level) of
trade as possible. In this case, if any physical characteristics,
quantity and condition of sales, difference in taxation, levels of
trade, changes in exchange rates, etc., of the product concerned affect
the price comparability, the normal value and the dumping price shall be
adjusted according to the Ordinance of the Minister of Finance and
Economy, and the period subject to investigation on the dumping rate
shall be 6 months or longer.

6\. If any interested party demands price adjustments referred to in
Paragraph 5 because of a difference in physical characteristics or
quantity and condition of sales, he/she shall establish the fact that
that difference directly affects the market price or on the
manufacturing costs.

**[Article 59 (Request for Imposition of Anti-Dumping
Duty]{.underline})**

1\. Any interested party to the domestic industry suffering material
injury, etc. as prescribed in Article 51 of the Act (hereinafter
referred to as "material injury, etc.), or the Minister of the competent
Ministry in charge of such an industry, may request to the Minister of
Finance and Economy to impose an anti-dumping duty, as prescribed by the
Ordinance of the Minister of Finance and Economy. Such a request is
substituted by the request for an investigation to the Trade Commission
which is prescribed in Article 32 of the Foreign Trade Act (hereinafter
referred to as \"the Trade Commission\") required for imposing such an
anti-dumping duty.

2\. In applying the provisions of Article 51 of the Act, a domestic
industry means the total domestic production business producing the like
product of the product imported at a price lower than its normal value
(a production business managed by a producer who has such special
relationship with suppliers or importers of the product as prescribed in
Article 23, Paragraph 1 of the Act and a production business managed by
such a producer who is an importer of the imported product as prescribed
by the Ordinance of the Minister of Finance and Economy may be excluded;
hereinafter the same shall be applied in this Paragraph) or the domestic
production business which accounts for a considerable portion of the
total domestic production of the like product.

3\. For the purpose of Paragraph 1, the term \"an interested party to
the domestic industry\" means a domestic producer belonging to the
domestic industry that is affected by material injury, etc., and an
association, an organisation or an individual of which the domestic
producers are members or which represents the interest of such a
domestic producer and who is the person prescribed by the Ordinance of
the Minister of Finance and Economy.

4\. Any person who wishes to request an investigation under Paragraph 1
shall submit to the Trade Commission following documents. In this case,
the Trade Commission shall notify the Minister of Finance and Economy,
the heads of related administrative agencies and the government of the
supplying country of the product concerned that it has received the
request for investigation:

\(1\) a written request including the following matters in triplicate:

\(a\) names of items, dimensions, characteristics, uses, names of
producers, and production quantity of the product concerned;

\(b\) supplying country and suppliers, actual export record, possibility
of exportation, and importers, actual import record, possibility of
importation in Korea of the product concerned;

\(c\) the ex-factory price and the market price of the product concerned
in the supplying country, and the export price to Korea and third
countries;

\(d\) names of items, dimensions, characteristics, uses, names of
producers, production quantity, factory and market prices, and the cost
calculation for the like product in Korea;

\(e\) matters pertaining to the material injury, etc., of the domestic
industry caused by the importation of the product concerned;

\(f\) the degree of support for the application of investigation
expressed by the domestic producers of the like product;

\(g\) If it is required to treat matters stated in and material appended
to the written request confidentially, the reason therefor; and

\(h\) other matters as deemed necessary by the Minister of Finance and
Economy.

\(2\) sufficient documentary evidence attesting the fact that the dumped
product has been imported and that the material injury etc., has been
caused by the import of such a product in triplicate

**[Article 60 (Initiation of the Investigation on Dumping and Material
Injury, etc.]{.underline})**

1\. The Trade Commission shall, upon receiving the request for an
investigation as prescribed in the latter part of Article 59, Paragraph
1, determine whether or not it will initiate an investigation on the
dumping and material injury, etc., and shall notify the Minister of
Finance and Economy within 2 months of receiving such a request of the
result of the determination thereof and the following matters:

\(1\) products subject to an investigation (in case where many products
are subject to an investigation, products selected according to the
Ordinance of the Minister of Finance and Economy);

\(2\) period subject to the investigation; and

\(3\) suppliers subject to the investigation (in case where many
suppliers are subject to investigation, suppliers selected according to
the Ordinance of the Minister of Finance and Economy)

2\. In determining whether or not to initiate an investigation in
accordance with Paragraph 1, the Trade Commission may reject such a
request if the request for an investigation falls under any of the
following sub-paragraphs:

\(1\) In case a person who has filed the written request is ineligible
to request imposition under Article 59, Paragraph 1;

\(2\) In case sufficient documentary evidence on a dumping and material
injury, etc., is not submitted;

\(3\) In case the dumping margin or the import quantity of the dumped
product is below the standard set by the Ordinance of the Minister of
Finance and Economy, or in case the material injury etc., is deemed to
be insignificant;

\(4\) In case the total production by domestic producers that expressed
consent to the application for an investigation does not satisfy the
standard set by the Ordinance of the Minister of Finance and Economy;
and

\(5\) In case it becomes unnecessary to initiate an investigation, e.g.,
a measure has been taken prior to the initiation of an investigation to
eliminate any adverse effect on the domestic industry.

3\. When the Trade Commission has determined the initiation of an
investigation referred to in Paragraph 1, it shall notify the person
requesting an investigation, the government of the supplying country and
the suppliers of such a product and other interested parties of the
matters concerning the determination on the initiation of the
investigation and shall publish them in the official gazette, within ten
days after the determination.

**[Article 61 (Investigation on Dumping and Material Injury,
etc.]{.underline})**

1\. The Trade Commission takes charge of the investigation on dumping
and material injury, etc., referred to in Article 52. In this case, the
Trade Commission may, if it is deemed necessary, have public officials
of related administrative agencies or concerned experts participate in
the investigation.

2\. The Trade Commission shall complete a preliminary investigation on
whether or not there is sufficient evidence to presume the existence of
a dumping and a material injury, etc., and shall submit a report on the
results of this investigation to the Minister of Finance and Economy
within three months after matters concerning the determination on the
initiation of the investigation are published in the official gazette as
referred to in Article 60, Paragraph 3.

3\. The Minister of Finance and Economy shall decide whether or not it
is required to take such measures as prescribed in Article 53, Paragraph
1 of the Act and shall decide on the issues concerning the contents
thereof within a month of the submission of a report on the results of a
preliminary investigation as referred to in Paragraph 2. However, if it
is deemed necessary, the period for such a decision may be extended for
a maximum of twenty days.

4\. In case the dumping margin or the import quantity of dumped product
is below the standard set by the Ordinance of the Minister of Finance
and Economy or the material injury, etc., is deemed insignificant after
a preliminary investigation referred to in Paragraph 2, the Trade
Commission shall terminate the final investigation referred to in
Paragraph 5.

5\. Unless there exist any special reasons prescribed by the Ordinance
of the Minister of Finance and Economy, the Trade Commission shall
initiate a final investigation on the day after it submits a report on
the results of the preliminary investigation referred to in Paragraph 2
and shall submit a report of the results of the final investigation to
the Minister of Finance and Economy within three months of the day on
which the final investigation is initiated.

6\. If it is necessary to extend the investigation period in connection
with the investigations referred to in Paragraphs 2 and 5, or if an
interested party requests an extension of the investigation period with
justifiable reasons, then the Trade Commission may extend it for a
maximum of 2 months.

7\. Within a month of the submission of the report on the results of the
final investigation, as referred to in Paragraph 5, the Minister of
Finance and Economy shall determine whether or not the anti-dumping duty
is to be imposed, and shall determine the particulars thereof, and shall
take measures that impose the anti-dumping duty as prescribed in Article
51 of the Act. However, if it is deemed necessary, the period may be
extended for a maximum of twenty days.

8\. The Minister of Finance and Economy shall take measures that impose
the anti-dumping duty, as referred to in Paragraph 7, within a year of
the publication date of the official gazette mentioned in Article 60,
Paragraph 3. However, if it is determined that a special reason exists,
such measure may be taken within 18 months of the publication date of
the official gazette, notwithstanding the provisions of Articles 60,
Paragraph 1, and Article 61, Paragraph 2, and 5 to 7.

9\. If the Trade Commission considers it necessary, it may request to
the Minister of Finance and Economy to do the followings, when it
submits the results of the investigation as referred to in Paragraphs 2
and 5:

\(1\) to impose the anti-dumping duty prescribed in Article 51 of the
Act

\(2\) to take preliminary measures prescribed in Article 53, Paragraph 1
of the Act

\(3\) to propose the undertakings prescribed in Article 54, Paragraph 1
of the Act

**[Article 62 (Withdrawal of the Application for Imposition of
Anti-Dumping Duty]{.underline})**

1\. If the applicant for an investigation under Article 59, Paragraph 1
wishes to withdraw the application, he/she shall submit the intention in
writing to the Trade Commission. In this case, if the Trade Commission
receives such a withdrawal before it submits a report on the results of
the preliminary investigation prescribed in Article 60, Paragraph 2, it
may cease contemplating to determine whether or not to initiate an
investigation under Article 60, Paragraph 1 or terminate the
investigation prescribed in Article 61, Paragraph 2 after consulting
with the Minister of Finance and Economy and the head of the
administrative agency concerned, and if it receives such a withdrawal
after it submits a report on the results of the preliminary
investigation prescribed in Article 61, Paragraph 2, then it shall
notify the Minister of Finance and Economy.

2\. Upon receiving the notification referred to in Paragraph 1, the
Minister of Finance and Economy may have the investigations prescribed
in Article 61 terminated, and if any provisional measures have been
taken under Article 53, Paragraph 1 of the Act, withdraw the measures,
after consulting with the Trade Commission and the heads of the
administrative agencies concerned

3\. If the Minister of Finance and Economy withdraws any provisional
measures referred to in the latter part of Paragraph 2, he/she shall
refund the provisional anti-dumping duty paid, or release any security
provided pursuant to such a provisional measure.

**[Article 63 (Determination on Material Injury, etc.]{.underline})**

1\. In cases where the Trade Commission investigates and determines the
material injury, etc., as prescribed in Article 61, the investigation
and the determination shall be based on the substantial evidence
including the followings:

\(1\) import quantity of the dumped product (including whether or not
the importation of such a product has increased significantly in
absolute terms or in relative terms compared to the domestic production
or consumption of the product);

\(2\) price of the dumped product (including whether or not such a price
has decreased significantly in comparison with the price of the domestic
like product);

\(3\) degree of the dumping margin (including whether or not the import
price of a dumped product has declined significantly in comparison with
the normal value established in the exporting country);

\(4\) output, operating rate, inventories, sale quantity, market share,
prices (including the effect of lowering prices or of suppressing price
increases), profits, productivity, return on investments, cash flow,
employment, wage, growth, capital supply, investment capacity, and
technology development of the domestic industry; and

\(5\) actual or potential impact of such matters as referred to in
sub-paragraphs (1) and (2) on the domestic industry.

2\. In case of an investigation and determination of a material injury,
etc., under Paragraph 1, a determination on the threat of material
injury shall be made on the basis of facts including the following
matters in addition to the matters referred to in sub-paragraphs of
Paragraph 1 and the injury by the dumped product shall be clearly
foreseen and imminent;

\(1\) a significant rate of increase in dumped products that indicates a
likelihood of a substantial increase in the importation;

\(2\) a substantial increase in the production capacity indicating the
likelihood of substantial increase of dumped exports to Korea (taking
into account the availability of other export markets to absorb);

\(3\) whether or not the price of the dumped product is likely to
decrease or to prevent the increase of the price of the like product and
the likelihood of an increase in the demand for more imports; and

\(4\) the inventory of the dumped product and the inventory of the like
product.

3\. With regard to the investigation and determination of the material
injury, etc. under the provisions of Paragraph 1, the Trade Commission
may assess the injury cumulatively when products imported from more than
one country are simultaneously subject to investigation and when:

\(1\) the dumping margin and the quantity of imports satisfy the
standard set by the Ordinance of the Minister of Finance and Economy;
and

\(2\) the dumped products compete with each other and with the domestic
like product.

4\. The Trade Commission shall investigate factors other than dumped
imports which have caused injuries to the domestic industry and shall
not consider the industrial injury etc. caused by these factors as
caused by the dumped imports.

**[Article 64 (Request for Providing Data by Interested
Parties]{.underline})**

1\. If it is deemed necessary for the investigation under Article 52 of
the Act or for the determination of whether or not an anti-dumping duty
is to be imposed, the Minister of Finance and Economy or the Trade
Commission may ask for the cooperation, such as provision of relevant
data, etc., to the relevant authorities, domestic producers, suppliers,
importers, or interested parties. However, when asking questions to
suppliers for an investigation on a fact of dumping, a period of 40 days
or longer from the dispatched date of the questions shall be given for
submitting the answers, and in case that the suppliers request to extend
the period with reasons thereof, contemplation shall be made thereon.

2\. The Minister of Finance and Economy or the Trade Commission shall
not disclose materials provided under Paragraph 1 and Article 59,
Paragraph 4, for which confidential treatment is deemed to be proper
because of the nature of the material, or material requested by the
applicant for investigation or by the interested parties to be treated
in confidence for a justifiable reason, without the express consent of
the person who has provided the material.

3\. The Minister of Finance and Economy or the Trade Commission may
demand the person, who has provided confidential material under
Paragraph 2, to submit a non-confidential summary of such material. In
this case, if such a person is unable to submit such a summary, he/she
shall submit a document stating the reason thereof.

4\. In a case where a person who has provided material refuses to make
the material public although the request for a confidential treatment
under Paragraph 2 is deemed unwarranted or where he/she refuses to
submit the non-confidential summary referred to in Paragraph 3, without
a justifiable reason, the Minister of Finance and Economy or the Trade
Commission may disregard such material unless the accuracy of the
material has been sufficiently demonstrated.

5\. In conducting an investigation under Article 52 of the Act and
determining whether or not the anti-dumping duty is to be imposed, if it
is difficult to conduct the investigation or to verify the material for
the reason that an interested party does not provide related material or
refuses or impedes the investigation of the Trade Commission, or for
other reasons, the Minister of Finance and Economy or the Trade
Commission may decide whether or not to take any measures for
anti-dumping on the basis of the facts available.

6\. The Minister of Finance and Economy and the Trade Commission may not
use any information and material acquired, and facts acknowledged from
the interested parties in connection with the anti-dumping proceedings
for other purposes.

7\. In a case where an interested party requests to read related
documentary evidence submitted under Article 59, Paragraph 4 and
material submitted or informed under Paragraphs 1 and Article 68 other
than those treated confidentially, the Minister of Finance and Economy
and the Trade Commission shall accept such a request, unless there is a
particular reason for denying the request. In this case, the request of
the interested parties for reading the material shall be made in
writing, stating the reasons thereof and a list of the material
requested.

8\. The Minister of Finance and Economy or the Trade Commission may give
the interested parties an opportunity to state their opinion through a
public hearing, etc., or to consult with interested parties of opposing
interests if it is deemed necessary or there is a request of any
interested party.

**[Article 65 (Imposition of Anti-Dumping Duty]{.underline})**

1\. The anti-dumping duty prescribed in Article 51 of the Act shall be
imposed by means of setting anti-dumping duty rates or base import
prices determined for each supplier or supplying country; however, with
respect to those suppliers on whom it is difficult to conduct an
investigation or to verify material for the reason that they fail to
submit the material prescribed in Article 64, or refuse to make the
material public without a justifiable reason, or for other reasons, the
anti-dumping duty may be imposed by means of setting a single
anti-dumping duty rate or base import price.

2\. With respect to suppliers not selected as the subject of an
investigation under Article 60, Paragraph 1, the anti-dumping duty shall
be imposed by means of setting an anti-dumping duty rate or a base
import price calculated by a weighted average of anti-dumping duty rates
or the base import prices for suppliers selected for the investigation
as prescribed in the Ordinance of the Minister of Finance and Economy.
However, with respect to those who have submitted the materials
prescribed in Article 64 among the suppliers who exported during the
period subject to the investigation but were not selected for the
investigation, the provision of Paragraph 1 shall be applied.

3\. In a case where the anti-dumping duty is imposed by designating
supplying countries under Article 51 of the Act, if a new supplier of
the supplying countries, who exports after the period subject to
investigation prescribed in Article 60, Paragraph 1, has a special
relationship prescribed by the Ordinance of the Minister of the Finance
and Economy with a supplier who is subject to the anti-dumping duty by
Paragraph 1, an anti-dumping duty shall be imposed on the basis of the
anti-dumping duty rate or the base import price applied to the supplier.
However, if such a new supplier shows that he has not such special
relationship, the anti-dumping duty may be imposed by means of setting
separately an anti-dumping duty rate or a base import price calculated
through an investigation. In this case, the method, procedure, etc., of
the investigation may be different from those applied to the persons who
were already subject to the investigation as prescribed by the Ordinance
of the Minister of Finance and Economy.

4\. The base import price, referred to in Paragraphs 1 to 3, shall be
determined within the range calculated by adding the import-related
expenses to the normal value established in the supplying country and
adjusted according to Article 58, Paragraph 5.

**[Article 66 (Application of Provisional Measures]{.underline})**

1\. The provisional measures prescribed in Article 53, Paragraph 1 may
be applied to a case where it is determined that there is sufficient
evidences to presume a fact of dumping and material injury, etc. thereby
as a result of the preliminary investigation prescribed in Article 61,
Paragraph 2 and where at least sixty days have passed since the
initiation of an investigation.

2\. The application duration of the provisional measures prescribed in
Article 61, Paragraph 3 shall not exceed four months. However, if a
supplier of significant importance in the trade of the product concerned
requests, such an application duration may be extended to a maximum of
six months.

3\. Notwithstanding the provision of Paragraph 2, if it is deemed
necessary, the Minister of Finance and Economy may prolong the
application duration of the provisional measures in accordance with the
international agreement.

4\. The security provided under Article 53, Paragraph 1 of the Act falls
under any of Sub-paragraphs (1) to (4) of Article 24, Paragraph 1 of the
Act and shall be equivalent to the provisional anti-dumping duty in
value.

**[Article 67 (Liquidation of Provisional Anti-Dumping Duty Amount,
etc.]{.underline})**

1\. In a case that falls under Article 69, Paragraph 1 and when the
amount of the anti-dumping duty, which was imposed on a product imported
during the period, in which provisional measures were applied under
Article 53, Paragraph 3 of the Act, is equal to or more than that of the
provisional anti-dumping duty, the amount of the anti-dumping duty shall
be the same as that of the provisional anti-dumping duty and the
difference shall not be charged, and when the anti-dumping duty is lower
than the provisional anti-dumping duty, the provisional anti-dumping
duty paid, equal to the amount of the difference, shall be refunded.

2\. In a case where any security was provided under the provision of
Article 53, Paragraph 1 of the Act, and which falls under Article 69,
Paragraph 1, the amount of the anti-dumping duty to be imposed
retroactively during the period, in which the provisional measures were
applied, shall not exceed that of the provisional anti-dumping duty.

3\. In a case where the undertaking under the provision of Article 68,
Paragraph 1 is accepted after a determination that a dumping and
material injury, etc. thereby exist is made through the final
investigation under Article 61, Paragraph 5, if the definitive dumping
rate is same or higher than the provisional anti-dumping duty rate, the
amount of the difference shall not be charged, and if the former is
lower than the latter, the provisional anti-dumping duty, equal to the
amount of the difference shall be refunded.

**[Article 68 (Undertakings to Revise the Price, to Cease Exporting,
etc.]{.underline})**

1\. If an exporter of the product, for which an investigation has been
initiated in order to determine whether or not the anti-dumping duty is
to be imposed, wishes to propose the undertaking under Article 54,
Paragraph 1 of the Act or wishes to request the continuation of the
injury investigation under Article 54, Paragraph 2 of the Act, he/she
shall submit such a request in writing to the Trade Commission before
the Trade Commission makes a final determination in accordance with the
results of the final investigation as referred to in Article 61,
Paragraph 5. In this case, the Trade Commission shall send the original
documents submitted, to the Minister of Finance and Economy immediately
thereafter.

2\. If the undertaking proposed under Paragraph 1 contains particulars
to the effect that the price is to be revised immediately or the export
is to discontinue within six months, then the Minister of Finance and
Economy may accept the undertaking. However, if it is deemed difficult
to secure a fulfilment of the undertaking as prescribed in the Ordinance
of the Minister of Finance and Economy, the Minister of Finance and
Economy does not need to accept such an undertaking.

3\. The Minister of Finance and Economy, if it is deemed necessary, may
propose an undertaking prescribed in Article 54, Paragraph 1 of the Act,
by designating exporters.

4\. The Minister of Finance and Economy may not accept an undertaking
under Paragraph 2 or propose an undertaking under Paragraph 3 before a
determination is made that there are sufficient evidences presuming a
fact of a dumping and material injury, etc. caused thereby, as a result
of the preliminary investigation under Article 61, Paragraph 2.

5\. If the exporter fails to fulfil the undertakings accepted under
Article 54, Paragraph 2 of the Act, the Minister of Finance and Economy
may promptly take anti-dumping measures, such as provisional measures
based on the best information available.

6\. If it is ascertained, through a continuous investigation under the
provisio of Article 54, Paragraph 2 of the Act, that there exists no
material injury, etc., or that there exists no dumping margin, the
Minister of Finance and Economy shall deem the effect of the undertaking
as nullified. However, if the non-existence of a material injury etc. or
dumping margin is deemed to have been generated by the undertaking, the
Minister of Finance and Economy may have the undertaking continued for
an adequately set period, and if the exporter refuses to fulfil the
undertaking, the Minister of Finance and Economy may promptly take
anti-dumping measures, such as provisional measures based on the best
information available.

**[Article 69 (Retroactive Imposition of Anti-Dumping
Duty]{.underline})**

1\. The following products to which provisional measures have been
applied under the provisio of Article 55 of the Act are subject to
anti-dumping duty:

\(1\) A product imported during the period in which provisional measures
have been applied, in a case where a final determination of material
injury, etc. was made, or where, although a final determination of a
threat of material injury, etc. was made, it was deemed that a final
determination of material injury would have been made in the absence of
provisional measures;

\(2\) A product imported not more than ninety days prior to the date of
the application of provisional measures, in those cases where it is
necessary to retroactively impose the anti-dumping duty to prevent a
recurrence of a material injury, etc., caused by the massive importation
of a product in a relatively short period of time, and where the product
has been dumped and caused material injury, etc., in the past or where
the importer was or could have been aware of the fact of a dumping and a
material injury, etc., caused thereby;

\(3\) A product imported not more than ninety days prior to the date of
the application of provisional measures in the case where it was
admitted that a material injury, etc., was caused by the importation of
a product to which provisional measures were applied because of the
violation of undertaking prescribed in Article 54, Paragraph 1 of the
Act. In this case, a product imported prior to the violation of an
undertaking is excluded; and

\(4\) Other products imported during such a period as determined by the
Minister of Finance and Economy under conditions prescribed by the
international agreement.

2\. Any interested parties in the domestic industry, prescribed in
Article 59, may request an imposition of the anti-dumping duty
prescribed in the proviso of Article 55 of the Act by submitting
evidence that the product concerned falls under any of the
sub-paragraphs of Paragraph 1 within seven days of the receipt of final
determination according to the conclusion of final investigation
prescribed in Article 61, Paragraph 5.

**[Article 70 (Review on the Anti-Dumping Duty and
Undertaking]{.underline})**

1\. If it is deemed necessary, or if any interested party or the
competent Minister in charge of the industry concerned files a request
for a review along with documentary evidence related to a case which
falls under the following sub-paragraphs, the Minister of Finance and
Economy shall determine whether or not the review prescribed in Article
56, Paragraph 1 of the Act is to be conducted with respect to the
product on which the anti-dumping duty is imposed or for which an
undertaking is carried out.

\(1\) where circumstances have changed substantially enough to modify
the anti-dumping duty or the undertaking after enforcement of those
measures;

\(2\) where there is a chance that an injury to the domestic industry is
caused by the termination of the anti-dumping duty or the undertaking;

\(3\) where the anti-dumping duty has been paid in excess of the actual
dumping margin.

2\. A request for a review referred to in Paragraph 1 may be made after
a year has passed since the anti-dumping duty or the undertaking has
been put into force, and it shall be made before six months prior to
expiration of the anti-dumping duty or the undertaking. In this case,
the Minister of Finance and Economy shall determine whether or not a
review is necessary within 2 months of receiving the request for the
review.

3\. In addition to the review conducted under Paragraph 1, the Minister
of Finance and Economy may conduct a review on the appropriateness of
the rate of an anti-dumping duty imposed or an undertaking in force and
to this end he shall conduct an annual examination of the dumping price
in connection with the contents of the anti-dumping duty or the
undertaking (including the contents changed as a result of the review)
in the month under which the date of the enforcement thereof falls.

4\. In determining the necessity of a review under Paragraph 1 or 3, the
Minister of Finance and Economy may consult heads of related
administrative agencies and the Trade Commission, and when it is
determined that a review is necessary, the Trade Commission shall carry
out an investigation thereon. In this case, the Trade Commission may
conduct an investigation limited just to those parts that fall under the
reasons for conducting such a review.

5\. The Trade Commission shall finish an investigation prescribed in
Paragraph 4 and submit the results to the Minister of Finance and
Economy within six months of the initiation of a review. However, if it
is necessary to extend the investigation period or the interested
parties request an extension of the period by submitting justifiable
reasons, the Trade Commission may extend the investigation period to a
maximum of four months.

6\. In a case where the measures prescribed in Article 56, Paragraph 1
of the Act are necessary, the Minister of Finance and Economy shall take
measures within a month of receiving the results of the investigation
prescribed in Paragraph 5. However, if it is deemed necessary, such a
period may be extended to a maximum of 20 days.

7\. In a case where a review is conducted for reasons stated in
Sub-paragraph (2) of Paragraph 1, an anti-dumping measure shall remain
in force during the review period even though the effective period of
the measure expires during the review.

8\. If it is deemed that an undertaking has lost, or might lose its
effectiveness as a result of a review referred to in Paragraphs 1 or 3,
the Minister of Finance and Economy may demand that an exporter carrying
out such an undertaking revise the undertaking and if the exporter
refuses to revise the undertaking, the Minister of Finance and Economy
may take the anti-dumping measure on the basis of the information
available.

9\. The Minister of Finance and Economy may order the Commissioner of
the Customs Service to investigate and report the matters prescribed by
the Ordinance of the Minister of Finance and Economy in order to conduct
a review under the provisions of Paragraph 1 or 3.

**[Article 71 (Notification to the Interested Parties and Public Notice,
etc.)]{.underline}**

1\. In the following cases, the Minister of Finance and Economy shall
publish the details thereof in the official gazette, and notify the
interested parties of the details in writing:

\(1\) where he has determined to take a measure prescribed in Article 51
and Article 53, Paragraph 1 of the Act or not to take such a measure;

\(2\) where he suspends or terminates an investigation by accepting an
undertaking prescribed in Article 54, Paragraph 1 of the Act, or
continues the investigation;

\(3\) where he initiates a review prescribed in Article 56, Paragraph 1
of the Act, or he modifies the contents of anti-dumping measures as a
result of such a review; and

\(4\) where the period of effect of anti-dumping measure is extended
under the provisions of Article 70, Paragraph 7

2\. In the following cases, the Minister of Finance and Economy or the
Trade Commission shall notify the interested parties of the details
thereof:

\(1\) where a request for an investigation is rejected under Article 60,
Paragraph 2, or the investigation is terminated under Article 61,
Paragraph 4;

\(2\) where the preliminary determination is made according to the
preliminary investigation prescribed in Article 61, Paragraph 2;

\(3\) where the final determination is made according to the final
investigation prescribed in Article 61, Paragraph 5.

\(4\) where the period of investigation is extended under Article 61,
Paragraph 6 and Article 70, Paragraph 5;

\(5\) where the period is extended under Article 61, Paragraph 8;

\(6\) where the request for imposition of the anti-dumping duty is
withdrawn under Article 62, thereby suspending the determination to
initiate or to terminating the investigation;

\(7\) where the application period of the provisional measure is
extended under Article 66, Paragraph 2 or 3; and

\(8\) where the Minister of Finance and Economy proposes undertakings
under Article 68, Paragraph 3.

3\. When there is a written request made by the interested parties with
regard to the investigation prescribed in Article 61, in the course of
the investigation, the Minister of Finance and Economy or the Trade
Commission shall notify them of the details of the investigation in
progress.

**[THE ENFORCEMENT REGULATION OF THE CUSTOMS ACT]{.underline}**

(Ordinance of the Minister of Finance and Economy)

**[Article 10 (Comparison between the Normal Value and the Dumping
Price)]{.underline}**

1\. In calculating the prices in the ordinary course of trade, as
prescribed in the first sentence of Article 58, Paragraph 1 of the
Decree, and the export prices to third countries in the provisio of that
Paragraph, the sale prices may not be used as a basis if the sales of
the like product fall under any of the following cases:

\(1\) where volume of sales during the period subject to the
investigation made at prices below the cost of production plus the
selling, general and administrative costs of reasonable amount
(hereinafter, \"costs\" in this Article) represents not less than 20 per
cent of the transactions under consideration for the determination of
the normal value, or the weighted average sales prices of the products
in the transactions under consideration for determination of the normal
value are below the weighted average costs in such transactions and
sales below its cost cannot provide for recovery of the costs within a
reasonable period of time(If prices below costs at the time of sale are
above weighted average costs for the period subject to the
investigation, such prices shall be considered to provide for recovery
of costs);

\(2\) where the sales price between such related parties as prescribed
in Article 23, Paragraph 1 of the Decree was affected by such a
relationship.

2\. The particular market situation, etc., as prescribed in the provisio
of Article 58, Paragraph 1 of the Decree, shall be interpreted as
including the cases in which the sales in the supplying country amount
to less than 5 per cent of the imports from such a supplying country,
and it is improper to calculate the normal value on the basis of such
sales, except in the case where the evidence demonstrates that the sales
in the supplying country less than 5 per cent can be used as the basis
of comparison for the dumping price.

3\. With regard to the calculation of the constructed value as
prescribed in the provisio of Article 58, Paragraph 1 of the Decree, the
amounts for selling, general and administrative costs and the profits
shall be based on actual data pertaining to production and sales in the
ordinary course of trade of the like product by the supplier under
investigation. In this case, costs shall be adjusted appropriately for
those non-recurring items of costs which benefit current or future
production or for circumstances in which costs during the period of
investigation are affected by start-up operations.

4\. When the constructed value cannot be determined based on actual data
as prescribed in Paragraph 3, the value may be determined on the basis
of the following data:

\(1\) the actual amounts incurred and realised by the supplier under
investigation in respect of production and sales in the domestic market
of the country of origin of the same general category of products;

\(2\) the weighted average of the actual amounts incurred and realised
by other suppliers not under investigation in respect of production and
sales of the like product in the domestic market of the country of
origin;

\(3\) any other reasonable method, provided that the amount for profit
so established shall not exceed the profit normally realised by other
suppliers on sales of products of the same general category in the
country of origin.

5\. In applying the first sentence of the text of Article 58, Paragraph
3 of the Decree, the market economy country shall be the country that is
similar to the supplying country of such a product in terms of its level
of economic development, production technology of the product, etc.

6\. The term \"provided in the Ordinance of the Minister of Finance and
Economy\", as used in the provisio of the text of Article 58, Paragraph
3 of the Decree, means the cases in which the production and sales of
the products are based on the market economy principles.

7\. The price based on the resale price as prescribed in Sub-paragraph
(1) of Article 58, Paragraph 4 of the Decree shall be interpreted as
referring to the price subtracted with the costs incurred from import to
resale of products, and profits thereby, and the price based on
reasonable criteria, as prescribed in Sub-paragraph (2) of Article 58,
Paragraph 4, shall be interpreted as referring to the price calculated
after considering the import price of the product concerned, the costs
incurred for the importation or incurred during the period from the
importation to the resale, and appropriate profits.

8\. The comparison between the normal value and the dumping price under
the first sentence of Article 58, Paragraph 5 of the Decree, shall, in
principle, be made by means of a weighted average of volume and prices.

9\. The price adjustment due to a difference in physical characteristics
under the second sentence of Article 58, Paragraph 5 of the Decree shall
be based on the impact of such physical characteristics on the market
price of the supplying country. However, if materials on the market
price of the supplying country are not available or are improper for the
purpose of price comparison, the adjustment may be based on the
difference in the costs of production due to a difference in the
physical characteristics.

10\. The price adjustment due to a difference in the quantities of sale
under the second sentence of Article 58, Paragraph 5 of the Decree shall
be confined to the cases where there exists a saving in the costs of
production due to massive production or where there exists a discount
due to a massive sale offered to all the purchasers in the ordinary
course of trade.

11\. The price adjustment due to a difference in the conditions of sale
under the second sentence of Article 58, Paragraph 5 of the Decree shall
be confined to the case where such conditions of sale have such a direct
relationship to the sale price as to give an impact thereon.

12\. The price adjustment due to changes in exchange rates under the
second sentence of Article 58, Paragraph 5 of the Decree shall be
confined to the cases of continuous movements of exchange rates to the
same direction.

**[Article 11 (Requests for Imposition of Anti-Dumping
Duty)]{.underline}**

1\. The term \"like product\", as used in Article 59, Paragraph 2 of the
Decree means a product that is identical in all respects, including
physical characteristics, quality, recognition by the users, etc.,
(including products altered insignificantly in appearance), or in the
absence of such a product, that which has the function, characteristics
and constituent parts that closely resemble such an imported product.

2\. The term \"a producer who is an importer of the imported product as
prescribed by the Ordinance of the Minister of Finance and Economy\", as
used in Article 59, Paragraph 2 of the Decree, means a producer who
imports the imported product, but the term excludes:

\(1\) a producer who imported six months prior to the date of receipt of
the application as prescribed in Article 59, Paragraph 4 of the Decree;
and

\(2\) a producer whose import quantity is insignificant.

3\. In determining producers who have special relationship under Article
59, Paragraph 2 of the Decree, if a producer of the like product of the
imported product sells the product at a price and with conditions that
are the same with, or similar to the price and conditions of the product
sold by the person who does not have special relationship as prescribed
in Article 23, Paragraph 1 of the Decree, such a producer may be
excluded from being defined as a producer who has special relationship.

4\. The term \"the person prescribed by the Ordinance of the Minister of
Finance and Economy\", as used in Article 59, Paragraph 3 of the Decree,
means an association, union, etc., composed of domestic producers.

**[Article 12 (Initiation of Investigation on Dumping and Material
Injury, etc.)]{.underline}**

1\. In selecting the products and suppliers subject to investigation, as
prescribed in Sub-paragraphs (1) and (3) of Article 60, Paragraph 1 of
the Decree, the sampling method that is statistically valid on the basis
of available material (including the method to select the number of
suppliers or products in the order of the percentage of import volume)
shall be used in principle.

2\. The term \"the standard set by the Ordinance of the Minister OF
Finance and Economy\", as used in Sub-paragraph (3) of Articles 60,
Paragraph 2 of the Decree, shall satisfy all requirements provided in
the following sub-paragraphs:

\(1\) the dumping margin: not less than 2% of the dumping price; and

\(2\) the import volume of the dumped product: where the total volume of
imports from the supplying countries, which individually accounts for
less than 3% of the imported volume of the like product, exceeds 7 per
cent of such an imported volume.

3\. The term \"the standard set by the Ordinance of the Minister of
Finance and Economy", as used in Sub-paragraph (4) of Article 60,
Paragraph 2 of the Decree, means any of the following sub-paragraphs:

\(1\) where the collective production of the like product produced by
domestic producers having expressed support for the request for
imposition under Article 59, Paragraph 1 of the Decree is not more than
50 per cent of the total production of such products produced by the
domestic producers having expressed either support or opposition;

\(2\) where the collective production of domestic producers having
expressed support for the request for imposition under Article 59,
Paragraph 1 of the Decree is less than 25 per cent of the total domestic
production of the like product.

**[Article 13 (Termination of Final Investigation and Calculation of
Injury for Imposition of Anti-Dumping Duty)]{.underline}**

The term \"the standard set by the Ordinance of the Minister of Finance
and Economy", as used in Article 61, Paragraph 4 and Sub-paragraph (1)
of Article 63, Paragraph 3 of the Decree, shall satisfy all requirements
provided Sub-paragraphs of Article 12, Paragraph 2.

**[Article 14 (Withdrawal of the Application for Investigation on
Imposition of Anti-Dumping Duty)]{.underline}**

1\. A person who wishes to withdraw the application for investigation
under Article 62, Paragraph 1 of the Decree, shall submit an application
of withdrawal stating the reasons thereof and the related materials to
the Trade Commission.

2\. In cases where the application of withdrawal was made during the
period of preliminary or final investigation, as prescribed in Article
61, Paragraph 2 or 5 of the Decree, respectively, and where the alleged
reasons for withdrawal are deemed improper, the Minister of Finance and
Economy or the Trade Commission may defer the determination on whether
or not the investigation will be terminated by the application of
withdrawal, to the time of conclusion of the preliminary or final
investigation.

**[Article 15 (Confidential Treatment of Materials Relating to
Anti-Dumping Measures)]{.underline}**

Materials subject to confidential treatment under Article 64, Paragraph
2 of the Decree shall be limited to the materials relating to any of the
following matters, the disclosure of which might cause damage to the
interest of the providers or the interested parties:

\(1\) cost of production;

\(2\) accounting materials which have not been made public;

\(3\) name, address and trade volume of the trade partners;

\(4\) matters concerning the provider of confidential information; and

\(5\) other materials deemed proper to be treated confidentially.

**[Article 16 (Public Hearing for Imposition of Anti-Dumping
Duty)]{.underline}**

1\. When the Trade Commission holds a public hearing under Article 64,
Paragraph 8 of the Decree, it shall notify the Minister of Finance and
Economy of the schedule and results thereof.

2\. When the Minister of Finance and Economy or the Trade Commission
wants to hold a public hearing, the applicants and interested parties
shall be notified individually of the time and places for it, and public
notice shall be given by way of appropriate methods including
publication in the official gazette, etc. at least 30 days prior to the
date of the hearing. However, in cases of urgent matters and
investigation schedule requirements, notice in 7 days prior to the date
may be given.

3\. A person who wishes to participate in the public hearing shall make
such an application to the Minister of Finance and Economy or the Trade
Commission at least 7 days prior to the date of the hearing with
information attached including evidences that show the identity of the
applicant or the interested party, summary of statements to be made,
related evidential materials, personal information on the representing
speaker, etc.

4\. The applicant or the interested party may make his own statement in
the presence of his representative or have the representative speak on
behalf of him.

5\. The participant in the public hearing may submit to the Minister of
Finance and Economy and the Trade Commission within 7 days of the
hearing written materials supplementing his statement made in the
hearing.

6\. The applicant or the interested party shall use Korean when making
statement in the public hearing.

7\. When the participating person is a foreigner, he may bring a
interpreter with him. In that case, the statement made by the
interpreter is deemed to be made by the foreign participant.

**[Article 17 (Imposition of Anti-Dumping Duty, etc.)]{.underline}**

1\. The anti-dumping duty under Article 51 of the Act shall be imposed
according to any of the following methods:

\(1\) where the anti-dumping duty is imposed by the fixed rate method,
customs value multiplied by the determined rate which does not exceed
the dumping rate that is calculated according to the following formula;
and

dumping rate = [adjusted normal value - adjusted dumping
price]{.underline}

customs value

x 100

\(2\) where the anti-dumping duty is imposed by the base import price
method, the base import price, as prescribed in Article 65, Paragraph 4
of the Decree, minus customs value.

2\. In calculating the weighted average anti-dumping duty rate or the
base import price under Article 65, Paragraph 2 of the Decree, the
weight may be placed on each supplier\'s export volume. In this respect,
suppliers with no dumping margin or with the dumping margin less than 2
per cent of the dumping price may be disregarded.

3\. The Minister of Finance and Economy shall carry out an investigation
under Article 61 of the Decree against such a new supplier, as
prescribed in the provisio of Article 65, Paragraph 3 of the Decree, in
a more accelerated manner. In this case, the investigation on material
injury, etc., may be substituted by an investigation of material injury,
etc., against the supplying country under Article 65, Paragraph 3 of the
Decree.

**[Article 18 (Request for Extension of Application Period of
Provisional Measures)]{.underline}**

A person who wishes to request for extension of the application period
for the provisional measures under the provisio of Article 66, Paragraph
2 of the Decree shall make such a request at least ten days prior to the
expiry date of such provisional measures.

**[Article 19 (Undertakings to Revise the Price and to Cease Exporting,
etc.)]{.underline}**

1\. Where an exporter proposes undertakings to the Minister of Finance
and Economy pursuant to Article 68, Paragraph 1 of the Decree, such
undertakings shall include the following items:

\(1\) the intention that the exporter will increase the export price to
a level which may eliminate material injury, etc., or will cease export
within such a period as determined after a consultation with the
Minister of Finance and Economy.

\(2\) information on the products which are contracted or shipped prior
to the acceptance of the undertaking;

\(3\) the intention that the exporter will not take any action to evade
the compliance of the undertaking through a change in type, shape, name,
etc., or through a sale of inferior products, etc.,

\(4\) the intention that the exporter will not in fact violate the
undertaking by a sale through a third country or a third party, etc.;

\(5\) the intention that the exporter will periodically report to the
Minister of Finance and Economy with regard to the sales volume and
price in the exporting country and export volume and price for the
exports to Korea;

\(6\) the intention that a verification of the related materials will be
allowed; and

\(7\) the intention to consult again upon a demand by the Minister of
Finance and Economy in the event of other changes in the circumstances.

2\. Before accepting undertakings under the first sentence of
Article 68, paragraph 2 of the Decree, the Minister of Finance and
Economy may ask for opinions of the Trade Commission, the head of the
administrative agency concerned and the interested parties.

3\. The Minister of Finance and Economy may refuse to accept an
undertaking pursuant to the provisio of Article 68, Paragraph 2 of the
Decree in any of the following cases:

\(1\) where a person who proposes an undertaking on behalf of a number
of exporters fails to prove that an entire agreement among such
exporters has been reached;

\(2\) where there exists a condition which makes an appropriate
confirmation or investigation on the compliance of such undertakings
difficult;

\(3\) where there exists reasonable grounds to refuse to accept the
undertaking, such as a history of violation of undertakings in the past,
etc.

4\. The exporter who has received the proposal of undertakings from the
Minister of Finance and Economy as prescribed in Article 68, Paragraph 3
of the Decree shall notify whether or not such a proposal is accepted,
within one month.

**[Article 20 (Review on Anti-Dumping Duty and Undertakings,
etc)]{.underline}**

1\. Interested parties that are entitled to propose a review on
anti-dumping duty and undertakings under Article 70, Paragraph 1 of the
Decree are as follows:

\(1\) domestic producers of the like product or their organizations;

\(2\) suppliers or importers of the product subject to anti-dumping
measures or their organizations; and

\(3\) other persons who the Minister of Finance and Economy recognizes
as having an interest.

2\. The term \"the matters prescribed by the Ordinance of the Minister
of Finance and Economy", as used in Article 70, Paragraph 9 of the
Decree, means any of the following sub-paragraphs:

\(1\) record on import of products subject to anti-dumping measure and
collection of anti-dumping duty

\(2\) compliance of undertakings by those who made such undertakings

\(3\) other matters required in reviewing on anti-dumping measures

**\_\_\_\_\_\_\_\_\_\_**