WORLD TRADE
ORGANIZATIONG/SG/N/1/JPN/2/Suppl.1
9 October 2002
(02-5442)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS, REGULATIONS AND ADMINISTRATIVE
PROCEDURES RELATING TO SAFEGUARD MEASURES
JAPAN
Supplement
The following communication, dated 8 October 2002, has been received from the Permanent
Mission of Japan.
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Pursuant to Article 12.6 of the Agreement on Safeguards, the Government of Japan wishes to
notify that the relevant articles of Cabinet Order Relating to Emergency Duties and the Regulations to
Govern Emergency Measures to be taken in Respons e to an Increase in the Importation of Goods have
been modified with regard to the procedures for safeguard investigation.  The modificationconcerning the Cabinet Order has become effective as of 31 March 2002, upon the publication in the
Official Gazette  of the Cabinet Order No. 114 on the same day.  The modification concerning the
Regulations has become effective as of 1 April 2002, following the primary publication in the Official
Gazette  of the Ministry of Economy, Trade and Industry Notification No. 158 on 29 March, 2002.
Relevant articles have been modified as follows:
[Provisional translation]
Amendments of Cabinet Order Relating to Emergency Duties
Cabinet Order Relating to Emergency Duties (Cabinet Order No. 417, December 1994) has
been amended partly as follows:
In subparagraph 5 of Article 2, the terms “for seeing the evidence etc. under the provisions of
paragraph 1 of Article 5, for presenting the views unde r the provisions of paragraph 1 of Article 6 and
for presenting the information under the provisions of paragraph 1 of Article 7,” shall be amended to the
terms “for presenting the views under the provisions of paragraph 1 of Article 5, for presenting the
information under the provisions of paragraph 1 of Ar ticle 6 and for seeing the evidence etc., the views
and the information etc. under the provisions of pa ragraph 1 of Article 7,”, subparagraph 6 of the said
Article shall be amended to subparagraph 7 of the said Article and the following subparagraph shall be
added after subparagraph 5 of the said Article:
(6) the time-limits for presenting the evidence or testifying under the provisions of
paragraph 1 of Article 8, for presenting the views under the provisions ofparagraph 3 of said Article and for presenting the information under the provisions
of paragraph 4 of the said Article,
Article 5 shall be deleted.G/SG/N/1/JPN/2/Suppl.1
Page 2
In paragraph 1 of Article 6, the terms “in this Article and the following Article” shall be deleted,
the terms “any representative consumer organization of such product” shall be amended to the terms
“any representative consumer organization of such pr oduct (hereinafter referred to as “representative
consumer organizations”), in paragraph 2 of the said Article, the terms “of such product” shall be
deleted and the said Article shall be amended to Article 5.
In paragraph 2 of Article 10, the terms “when the measure under the provisions of paragraph 8
of Article 9 of the Law is taken” shall be amended to the terms “when the measure under the provisions
of paragraph 8 of Article 9 was taken”, and th e said Article shall be amended to Article 12.
Article 9 shall be amended to Article 11 and Article 8 shall be amended to Article10.
In paragraph 1 of Article 7, the terms “of the product under the investigation” shall be deleted,
the second sentence of the said paragraph shall be deleted and the following sentence shall be added to
the said paragraph as the second sentence.
In this case, any person who is to present the info rmation shall present a document stating a request for
confidential treatment, if necessary, of such information with the reason for that request.
In paragraph 2 of Article 7, the terms “of the product under the investigation” shall be deleted,
the following sentence shall be added to the said paragraph as the second sentence and the said
paragraph shall be amended to paragraph 3.
In this case, any person who is to present the in formation shall present a document stating a request
for confidential treatment, if necessary, of such information with the reason for that request.
The following paragraph shall be added after paragraph 1 of Article7.
2. Under the first sentence of the preceding paragraph, representative consumer organizations may
provide such information only in the case where the product under investigation is commonly sold at the
retail level.
The following paragraph shall be added to Article7.
4. The provisions of paragraph 4 to 8 of Article 4 shall be applied mutatis mutandis to the
information presented under the provisions of the first sentence of paragraph 1 or the first sentence of
the preceding paragraph of this Article.
Article 7 shall be amended to Article 6 and the following three Articles shall be added
thereafter.
(Evidence, etc., views and information, etc. to be seen)Article 7. Where the investigation is initiated, the Minister of Finance shall, until the time-limit
referred to in subparagraph (5) of Article 2 and notified in accordance with the provisions of the saidArticle, provide opportunities for the interested parties,  industrial users etc. or representative consumer
organizations to see evidences submitted under the provis ions of the first sentence of paragraph 1 or the
first sentence of paragraph 2 of Article 4 or the document which records the testimony submitted under
the said provisions and other evidences (excluding evidences and documents which have been by nature
warranted to be treated as confidential, evidences which have been presented as confidential as well asdocuments which record testimony submitted as confiden tial by interested parties) or summaries to be
presented under the provisions of paragraphs 4 or 5 or the second sentence of paragraph 7 of the said
Article (including the case where the these provisions are applied mutatis mutandis  to paragraph 9 of theG/SG/N/1/JPN/2/Suppl.1
Page 3
said Article) (hereinafter in this Article and the follo wing Article referred to as "evidences, etc."), views
presented under the provisions of paragraph 1 or paragr aph 2 of Article 5 (hereinafter in this Article and
the following Article referred to as "views") and information presented under the provisions of the first
sentence of the paragraph 1 or the first sentence of paragraph 3 of the preceding Article (excluding
information which have been by nature warranted to  be treated as confidential, information which have
been presented as confidential by industrial users etc. or representative consumer organizations ) or
documents submitted under the provisions of paragraph 4, paragraph 5 and paragraph 7 of Article 4
which are applied  mutatis mutandis  under paragraph 4 of the preceding Article (hereinafter in this
Article and the following Article referred to as  “views, etc.”). However, representative consumer
organizations may see the evidences, etc., views or information, etc. only in the case where the product
is commonly sold at the retail level.
2. The person, who wishes to see evidences, etc., vi ews or information, etc. under the provisions of
the preceding paragraph, shall submit to the Minister of Finance a document which contains a list of
evidences, etc., views or information, etc., which th at person wishe to see and the grounds on which that
person fulfils to be one of the interested parties, industrial users etc. or representative consumer
organizations.
(Presentation of evidence, etc., views or information on the evidence, etc., the views or the
information, etc to be seen)
Article 8. Any interested party may, until the time-limit referred to in subparagraph (6) of
Article 2 and notified in accordance with the provisions of the said Article, present the evidence to or
testify before the Minister of Finance on the evidence, etc., views or information, etc to be seen in
accordance with the provisions of paragraph 1 of the preceding Article.
2. The Minister of Finance shall, when any request to testify is made by the interested parties in
accordance with the provisions of the preceding paragraph, notify in writing such interested parties of
the date and time, place and other necessary matters to testify.
3. Any interested party, industrial users etc. or representative consumer organization may, until
the time-limit referred to in subparagraph (6) of Article 2 and notified in accordance with the
provisions of the said Article, present to the Minister of Finance in writing its views on evidence, etc.,
views or information, etc to be seen in accordance with the provisions of paragraph 1 of the precedingArticle.  However, representative consumer organizations may present their views only in the case
where the product is commonly sold at the retail level.
4. Any industrial users etc. or representative consumer organizations may, until the time-limit
referred to in subparagraph (6) of Article 2 and notified in accordance with the provisions of the saidArticle, present to the Minister of Finance with information in writing on evidence, etc., views or
information, etc to be seen in accordance with the provisions of paragraph 1 of the preceding Article.
However, representative consumer organizations may provide such information only in the case
where the product is commonly sold at the retail level.
(Public hearing)
Article 9. The Minister of Finance may, if he or she recognizes that the evidence or the
testimony presented under the provisions of the first sentence of paragraph 1 or the first sentence of
paragraph 2 of Article 4 or paragraph 1 of the preceding Article, the views presented under theprovisions of paragraph 1 or paragraph 2 of Articl e 5 or paragraph 3 of the preceding Article or the
information presented under the provisions of the first sentence of paragraph 1 or the first sentence of
paragraph 3 of Article 6 or paragraph 4 of the preceding Article are not enough, in the course of the
investigation, hold public hearings on the investigation in which he could hear the testimony fromG/SG/N/1/JPN/2/Suppl.1
Page 4
interested parties or views from them, industrial users etc. or representative consumer organizations,
or could receive submissions of information from industrial users etc. or representative consumer
organizations.
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 [Provisional Translation]
Amendments of Regulations to Govern Emergency Measures
to be taken in Response to an Increase in the Importation of Goods
Regulations to Govern Emergency Measures to be taken in Response to an Increase in the
Importation of Goods (Notification No. 715 of the Ministry of International Trade and Industry,
December 1994) has been amended partly as follows:
In the Regulations, the term “the Minister of In ternational Trade and Industry” shall be amended
to the term “the Minister of Economy, Trade and Industry”.
In Article 2, the terms “through 20” shall be amended to the terms “through 21”.In Article 8, the terms “ (including the case wh ere he or she receives from any of the State
Ministers having jurisdiction over such particular  product a request to initiate an investigation
hereunder, which request shall be accompanied by sufficient evidence thereof) ” shall be deleted.
Article 9 shall be amended as follows.
Article 9. (Consultation relating to the investigation.)1. In cases where any Minister who has jurisdiction over the industry in Japan as provided for in
Article 2 (hereinafter referred to as "The Minister having jurisdiction over the industry"), when
deemed to be necessary upon consideration of the circumstances such that parties having an interest in
the said industry make requests, communicates to the Minister of Finance and the Minister of
Economy, Trade and Industry to the effect that there is a necessity to hold consultations with regard to
the initiation of the investigation, upon submission of the figures of the statistics of the items referredto in subparagraph (1) of paragraph 1 of Article 102 of the Customs Law (Law No. 61 of 1954)
(including figures after adjustments which are deemed to be reasonable) about the product of a
particular kind as provided for in Article 2, the figures indicating the conditions of domestic sale and
manufacture of the said products, and the other data necessary to judge whether there is sufficient
evidence to initiate an investigatio n in the said paragraph (hereinafter referred to as "Investigation") or
not, the Minister of Economy, Trade and Industry shall, upon judging whether there is the evidence or
not, decide whether to initiate an Investigation or not.
2. The Minister of Economy, Trade and Industry shall, when he or she initiates an Investigation
with respect to any particular product, notify the Mi nister having jurisdiction over the industry and the
Minister of Finance in advance.
In paragraph 5 of Article 10, the term “the pe riod during which the inspection of evidence under
paragraph 1 of Article 13 hereof shall be allowed, the due date for the presentation of views under
paragraph 1 of Article 14 hereof and the due date for the furnishing of information under paragraph 1 ofArticle 15 hereof; ” shall be amended to the terms “the due date for the presentation of views under
paragraph 1 of Article 13 hereof shall be allowed, the due date for the furnishing of information under
paragraph 1 of Article 14 hereof and the period during which the inspection of evidence etc., views
and information etc. under paragraph 1 of Article 15 hereof;”, subparagraph 6 of said Article shall beG/SG/N/1/JPN/2/Suppl.1
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amended to subparagraph 7 of said Article and following subparagraph shall be added next to
subparagraph 5 of the said Article.
(vi) the due date for the presentation of evidence or testimony under paragraph 1 of
Article 16, for the presentation of the views under paragraph 3 of the said Articleand for the presentation of information under the provisions of paragraph 4 of the
said Article;  
Article 13 shall be deleted.In paragraph 1 of Article 14, the terms “major consumer associations which represent the
interest of consumers of such particular product” shall be amended to the terms “major consumerassociations which represent the interest of consumer s of such particular product (hereinafter referred to
as “representative consumer associations “), in para graph 2 of the said Article, the terms “representing
the interest of consumers of such particular product” shall be deleted and the said Article shall be
amended to Article 13.
Article 16 and Article 24 shall be deleted.
In Article 23, the terms “Article 21” shall be ame nded to the terms “Article 22”, the said Article
shall be amended to Article 24 and Article 22 shall be amended to Article 23.
Article 21 shall be amended to Article 22, Article 20 shall be amended to Article 21 and Article
19 shall be amended to Article 20.
In paragraph 3 of Article 18, the terms “paragraph 1 of this Article” shall be amended to the
terms “paragraph 1 of Article 19”, the said Article shall be amended to Article 19 and Article 17 shall beamended to Article 18.
Article 15 shall be amended as follows.
Article 14. (Submission by Industrial Users etc. and consumer associations of information)
1. In cases where an Investigation is initiated hereunder with respect to any particular product,
Industrial Users etc. and major consumer associations may, on or before the due date which is referred
to in item (v) of Article 10 hereof and of which notification is duly given pursuant to Article 10
hereof, provide the Minister of Economy, Trade and Industry with any information relevant to any of
the subjects of such Investigation in writing; A person who provides any information pursuant to the
foregoing shall, if he or she requests that any of the information which he or she is going to provide hekept confidential, make a written request to that effect setting forth the reason or reasons for such
request.
2. Under the first sentence of the preceding paragraph, major consumer associations may
provide such information only in the case where the product is commonly sold at the retail level.
3. The Minister of Economy, Trade and Industry may, if he or she finds it necessary to do so at
any time during the continuance of any Investigation hereunder, request any one or more of Industrial
Users etc. and/or any major consumer association or associations to provide any information relevant
to any of the subjects of such Investigation in  writing. A person who provides any information
pursuant to the foregoing shall, if he or she reques ts that any of the information which he or she is
going to provide be kept confidential, make a written request to that effect setting forth the reason or
reasons for such request.G/SG/N/1/JPN/2/Suppl.1
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4. The provisions set forth in paragraph 4 through 8 of Article 12 shall apply mutatis mutandis
to any and all information provided pursuant to the provisions of the first sentence of paragraph 1 or
the first sentence of the preceding paragraph of this Article.
Following three Articles shall be added after Article 14.
Article 15. (Inspection of evidence, etc., views and information, etc.)1. In cases where an Investigation is initiated hereunder with respect to any particular product,
the Minister of Economy, Trade and Industry shall make available for inspection by Interested Parties,
Industrial Users etc. and/or any major consumer association or associations copies of all evidence and
deposition statements containing the testimony given or submitted with respect to such particularproduct pursuant to the first sentence of paragraph 1 or 2 of Article 12 hereof (excluding, however,
evidence and deposition statements containing testimony which is by nature confidential and/or which
are provided by Interested Parties as confidential information), copies of all written non-confidential
summaries and written statements submitted to his or her pursuant to paragraph 4 or 5 of said Article
hereof or the second sentence of paragraph 7 of Article 12 hereof (including the case where the theseprovisions apply mutatis mutandis  to paragraph 9 of the said Article) (such available evidence and
written materials being hereinafter in paragraph 2 of this Article collectively referred to as "Available
Evidence"), views presented pursuant to paragraph 1 or paragraph 2 of Article 13 (hereinafter referred
to as "views") and information presented pursuant to the first sentence of the paragraph 1 or the first
sentence of paragraph 3 of the preceding Article (excluding, however, information which is by natureconfidential and/or which are provided by industr ial users etc. or major consumer associations as
confidential information) or documents submitted pursuant to paragraph 4, paragraph 5 and the
second sentence of paragraph 7 of the Article 12 which apply  mutatis mutandis  to the paragraph 4 of
the preceding Article (hereinafter referred to as "information, etc.") on or before the relevant due date
which is referred to in item (v) of Article 10 hereof and of which notification is duly given pursuant toArticle 10 hereof, provided, however, that no such major consumer associations may see the
evidences, etc., views or information, etc. under that particular product is distributed on a retail level.
2. Any Interested Party who wishes to inspect any Available Evidence, views or information,
etc. pursuant to paragraph 1 of this Article shall furnish the Minister of Economy, Trade and Industry
with a written statement setting forth the title of the particular item or items of the Available
Evidence, views or information, etc. which he or sh e wishes to inspect and the reasons why he or she
is an Interested Party.
Article 16. (Presentation of evidence, etc., views or information on the evidence, etc., the views
or the information, etc to be seen)
1. Interested party may, on or before the due date which is referred to in subparagraph (vi) of
Article 10 and of which notification is duly given pur suant to Article 10 hereof, submit or give to the
Minister of Economy, Trade and Industry evidence and/or testimony with respect to the evidence,
etc., views or information, etc to be seen in accordance with the provisions of paragraph 1 of the
preceding Article.
2. The Minister of Economy, Trade and Industry shall, if he or she is notified by any Interested
Party that such Interested Party is going to give testimony pursuant to the first sentence of paragraph 1
of this Article, give such Interested Party written notice setting forth the particulars of the hearing or
hearings at which such Interested Party may testify including but not limited to the date, place andtime of such hearing or hearings.
3. Interested party, Industrial Users etc. and major consumer associations may, on or before the
due date which is referred to in item (vi) of Article 10 hereof and of which notification is duly givenG/SG/N/1/JPN/2/Suppl.1
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pursuant to Article 10 hereof, express to the Minister of Economy, Trade and Industry their views on
such Investigation in writing;  However, no such major consumer associations may express their
views thereon unless that particular product is distributed on a retail level.
4. Industrial Users etc. and major consumer associations may, on or before the due date which is
referred to in item (vi) of Article 10 hereof and of which notification is duly given pursuant to Article
10 hereof, provide the Minister of Economy, Trade and Industry information on such Investigation in
writing;  However, no such major consumer associations may express their views thereon unless that
particular product is distributed on a retail level.
Article 17. (Public hearing)
The Minister of Economy, Trade and Industry may, if he recognizes that the evidence or the
testimony presented under the provisions of the first sentence of paragraph 1 or the first sentence of
paragraph 2 of Article 12 or paragraph 1 of the preceding Article, the views presented under the
provisions of paragraph 1 or paragraph 2 of Articl e 13 or paragraph 3 of the preceding Article or the
information presented under the provisions of the first sentence of paragraph 1 or the first sentence ofparagraph 3 of Article 14 or paragraph 4 of the preceding Article are not enough, in the course of the
Investigation, hold public hearings on the Investigation in which he could hear testimony from
interested parties or views from them, industrial users etc. or major consumer associations, or could
receive submissions of information from industrial users etc. or major consumer associations.
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