WORLD TRADE
ORGANIZATIONG/ADP/Q1/TPKM/2
G/SCM/Q1/TPKM/2
7 October 2002
(02-5367)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions Posed by the UNITED STATES Regarding
the Notification of the SEPARATE CUSTOMS TERRITORY OF
TAIWAN, PENGHU, KINMEN AND MATSU1
The following communication, dated 3 October 2002, has been received from the Permanent
Mission of the United States.
_______________
1. The United States thanks Chinese Taipei for its recent notification of its anti-dumping law
and  regulations.  With regard to its notification:
• Has Chinese Taipei issued any procedures concerning antidumping proceedings,
apart from those included in the above notification?  If so, when does Chinese Taipei
intend to notify these to the Committee?
• Article 23 of the “Implementation Regulation on the Imposition of Countervailing
and Anti-Dumping Duties” (“Implementation Regulations”) references “RulesHandling Import Relief Cases”.  What is the nature of these rules?  Has Chinese
Taipei notified these rules to the Committee?
• Article 4 of the Implementation Regulations refers to Article 5 of the Customs Law to
define the “duty-payer” responsible for paying antidumping duties.  However,
Article 5 of the Customs Law does not appear to have been included in the above
notification.  Has Chinese Taipei notified this article, and if not, when will it do so?
2. Please explain the status of the Customs Law and the Implementation Regulations under
Chinese Taipei’s legal system.  Does the Implementation Regulations have the same status as the
Customs Law?  Are the Implementation Regulations binding on the Ministry of Finance (MOF) and
the Ministry of Economic Affairs (MOEA)?
3. Article 3 of the Customs Law and Article 8 of  the Implementation Regulations indicate that a
Tariff Commission will be formed to “study and re view matters relating to the amendment of the
Customs Import Tariff and the levy of special cust oms duty”.  Please explain the circumstances under
which such Commissions are formed, the duties of  the Commission and under whose auspices the
Commission will act.
                                                     
1 G/ADP/N/1/TPKM/1G/ADP/Q1/TPKM/2
G/SCM/Q1/TPKM/2
Page 2
4. Does the final sentence of the second paragraph of Article 5 of the Implementation
Regulations mean that Chinese Taipei will automatically exclude from the domestic industry all
domestic producers that import or export the product under investigation or are related to importers or
exporters?
5. Please confirm that Chinese Taipei’s application of provisional measures, as described in
Article 13 of the Implementation Regulations, will be consistent with ADA Article 7.
6. Article 6 of the Implementation Regulations says that other legal organizations may apply for
the imposition of an anti-dumping duty.  Pleas e clarify what types of organizations would be
considered “other legal organizations” for purposes of this article.
7. Please explain how the current legal regime will ensure that petitions contain sufficient
evidence of dumping, injury and causation to comply with Article 5.2 of the ADA.
8. Please clarify how Chinese Taipei will identify the universe of respondent firms to be
investigated.  Article 17.1(5) of the Implementation Regulations suggests that response to a published
notice of initiation may be necessary, whereas Article 19 of the Implementation Regulations suggests
that parties will be asked to respond to a questionnaire delivered to them.
9. Under Article 19(4) of the Implementation Regulations, the authority may “where necessary,
notify the applicant or the known interested parties to present their opinions, or accept the requests
with reasons made by the applicant or the intere sted parties to express their opinions”.  What
restrictions, if any, are placed on interested parties’ right to present views and defend their interests as
provided for in Article 6.2 of the ADA?
10. What provision does Chinese Taipei make for public access to the non-confidential portions
of the record of the investigations?
11. How will Chinese Taipei ensure that, in accord ance with Art. 6.8 of the ADA, the provisions
of Annex II to the ADA will be observed?
12. Article 3.4 of the ADA states that no one or several of the factors pertaining to impact
specified in these provisions shall necessarily give decisive guidance.  How does Chinese Taipei
implement this concept with respect to the imp act factors specified in Article 37(3) of the
Implementation Regulations?
13. Please explain the meaning of Article 40(1) of the Implementing Regulations.  Does this
mean that imports from countries which are subject to termination under Article 15 are not subject to
cumulation?
14. How does Chinese Taipei intend to meet the requirement of ADA Article 9.3.2 that, when
duties are assessed on a prospective basis, provision shall be made for a prompt refund of duties paidin excess of the margin of dumping?
15. Article 44(2) of the Implementation Regulation concerns changed circumstances
investigations “where the case merely concerns whether the situations of injury to the ROC industry
have lapsed or changed”.  The provision states th at MOEA will conduct an investigation and submit a
determination to MOF.  It also states that “[a]s the MOEA notifies the MOF of its determination, the
MOF, shall in turn submit a proposal on whether to  terminate or change the imposition, and notify the
interested parties and make a public notice accordingly”.  Could Chinese Taipei explain the meaning
of the latter sentence?  Does this mean that MOF has the authority to review MOEA’s injury
determinations?  If so, what is the nature of such review and how is it conducted?  Does the latterG/ADP/Q1/TPKM/2
G/SCM/Q1/TPKM/2
Page 3
sentence mean that, even if MOEA should determine that  injury is not likely to continue or recur if the
order under review is revoked, MOF could continue to leave the order in place?  If so, how is such a
result consistent with Article 11.2 of the ADA?
16. Article 13 of the ADA requires that Members whose national legislation contains AD/CVD
measures “maintain” procedures for prompt review  of such measures by tribunals or procedures
“independent” of the authorities responsible for making the determinations in question.  How does
Chinese Taipei provide a legal framework for fulfilling this obligation?
__________