WORLD TRADE  
ORGANIZATION  G/SG/N/1/TPKM/2/Suppl.1 
23 February 2004 
 
 (04-0739) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS, REGULATIONS AND 
ADMINISTRATIVE PROCEDURES RELATING 
TO SAFEGUARD MEASURES 
 
SEPARATE CUSTOMS TERRITORY OF 
TAIWAN, PENGHU, KINMEN AND MATSU 
 
Supplement
 
  
 The following communication, dated 17 February 2004, is being circulated at the request of 
the Delegation of the Separate Customs Terr itory of Taiwan, Penghu, Kinmen and Matsu. 
 
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 Pursuant to Article 12.6 of the Agreement on Safeguards, the Delegation of the Separate 
Customs Territory of Taiwan, Penghu, Kinmen an d Matsu wishes to notify the revised Rules for 
Handling Import Relief Cases , and the revised Rules for Handli ng Import Relief Cases Regarding 
Textiles and Clothing .  The revised Articles are as follows: 
 
Rules for Handling Import Relief Cases: 
  -  Articles 8, 17, 21, amended on 8 October 2003.  
 Rules for Handling Import Relief Cases Regarding Textiles and Clothing: 
 
 -  Articles 10, 17, amended on 10 September 2003.  G/SG/N/1/TPKM/2/Suppl.1 
Page 2  
 
 Rules for Handling Import Relief Cases 
 
Article 8   In a case of petition for import relief, the pe titioner 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 commod ity 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 on 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 rece nt 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  demonstrate the fact that the industry is 
being affected;  
4. the adjustment plan and the proposed relie f 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 waived, 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-para graph 4 of Paragraph 1 may be submitted within 
90 days of the filing of the petition.  
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 paragra ph shall be made by at least two -thirds of the 
attending Commissioners at a meeting attended by at least half of the Commissioners. 
  G/SG/N/1/TPKM/2/Suppl.1 
 Page 3 
 
 
 Article 21 
  The Commission’s recommendation to the Minist ry 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. 
 
  
Rules for Handling Import Relief Cases Regarding Textiles and Clothing 
 Article 10 
  In a case of petition for import relief, the pe titioner shall submit a written petition to the 
Ministry  of Economic Affairs, setting forth the followi ng particulars and enclosing the relevant 
information: 
 
1.  proof that the petitioner meets the qualifications prescribed in Article 9;  2.  a description of the imported textiles and clothing:   (1)  the name and import and export comm odity classification code of textiles and 
clothing products, tariff code, specifications and grade, main production process, composition, usage 
and other characteristics;   (2)  the exporting countries, country of orig in, producer, foreign exporter, and domestic 
importer. 
 
3.  facts of the affected industry:   (1)  the output, productivity, utilization of capacity, inventories, export volume, price, profits and investment, wages and number of employees,  inclusive of changes over the last three years 
prior to the petition date; 
 
 (2)  the quantity, prices and the market share of imports in the domestic market of the said textiles and clothing products for the last three years prior to the petition date;   (3)  the quantity and prices of the said te xtiles and clothing products imported from the 
major exporting countries for the last three years prior to the petition date; 
  (4)  other information which can be used to demonstrate the fact that the industry is being 
affected.   The particulars and information which shall be  set forth or required under sub-paragraphs 2 
and 3 of the preceding paragraph can be waived if the petitioner has a justification for not being able 
to provide the same and the Commission has so agreed.  Article 17  
 The decision referred to in the preceding Article shall be made by at least half of the attending 
Commissioners at a meeting attended by at least half of the Commissioners.  
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