G/SG/N/1/TPKM/3  
 
28 January 2014  
(14-0469)  Page: 1/10  
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 
The following communication, dated 27 January 2014, is being circulated at the request of the 
delegation of the Separate Customs Territo ry of Taiwan, Penghu, Kinmen and Matsu. 
 
_______________ 
 
 
Pursuant to Article 12.6 of the Agreement on Sa feguards, the Permanent Mission of the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu wishes to notify the revised Rules for 
Handling Import Relief Cases. The revised Articles  stipulated in the Rules are listed as follows: 
 
1. Chapter 4-3 (Article 26septies decies to Article 26vicies) adopted and Article 29 amended on 
Oct. 15, 2010; 
 2. Chapter 4-3 (Article 26septies decies to Article 26vicies) officially implemented on Jan. 1, 2011; 
 
3. Article 6 amended and Chapter 4-1 (Article 26bis to Article 26septies) deleted on Jan.13, 2014. 
 
 G/SG/N/1/TPKM/3 
 
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  RULES FOR HANDLING IMPORT RELIEF CASES 
 Promulgated on Jun.1, 1994 
 Amended on Dec. 30, 1998  Amended on Jun. 21, 2000 
 Amended on Feb. 15, 2002 
 Amended on Jul. 31, 2002  Amended on Sep. 04, 2002 
 Amended on Oct. 08, 2003 
 Amended on Nov. 31, 2004  Amended on Apr. 04, 2005  Amended on Jan. 19, 2009 
 Amended on Oct. 15, 2010 
  Chapter 4-3 shall be officially implemented on Jan. 1, 2011  Amended on Jan. 13, 2014 
 
(In case of any discrepancy between the Chinese and English texts of these Rules, the Chinese 
text shall govern.) 
CHAPTER 1 GENERAL PROVISIONS 
Article 1 
 These Rules are prescribed in accordance with th e provisions of Article 18, paragraph 3 of the 
Foreign Trade Act (hereafter referred to as "the Act"). 
 Article 2 
 
The term "import relief case" as referred to herein means a case in which application has been made for investigation into the injury caused to an industry and for import relief pursuant to 
Article 18, Paragraph 1 of the Act. 
 A case of injury to the industry as referred to in the preceding paragraph is to be established, 
when there is an increase in the imported quanti ty of the product concerned, or an increase in 
such imports relative to domestic production, so as to cause or threaten to cause serious injury to 
the domestic industry producing like products or directly competitive products.  
The term "serious injury" as referred to in the preceding paragraph means an obvious and 
comprehensive injury to the domestic industry; the term "threat of serious injury" means a serious injury not yet occurred but clearly imminent. 
 
Article 3  In making a determination regarding the existenc e of serious injury, the amount and rate of 
increase in imports of the product concerned in absolute terms and relative to domestic production 
shall be considered altogether, and consideration shall also be given to the following factors in respect of the domestic industry concerned and changes thereof: 
 
1.  market share,  
2.  sales, 
 3.  production,  
4.  productivity, 
 5.  capacity utilization, 
 
6.  profits and losses, G/SG/N/1/TPKM/3 
 
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7.  employment,  8.  other relevant factors. 
 
In making a determination regarding the existence of a threat of serious injury, in addition to the factors and their trend of changes as mentione d in the preceding paragraph, the production 
capacity and export capability of the major expo rting countries shall be considered so as to 
evaluate whether the said industry is to be seriously injured if the relief measure is not adopted.  The Ministry of Economic Affairs, in determining the injury in accordance with the preceding two 
paragraphs, shall consider all evidence or information acquired in the investigation. When factors 
other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports. 
 
Article 4   
For those import relief cases in which the existence of injury or threat thereof has been established 
pursuant to these Rules, the Ministry of Economic  Affairs may adopt the fo llowing relief measures: 
 1.  adjusting the tariffs, 
 
2.  imposing import quotas,  
3.  providing financing guarantee, subsidy for te chnological research and development, assistance 
for changing the line of business, professional training or other adjustment measures or assistance. 
 
The measures as referred to in the sub-paragraphs 1 and 2 of Paragraph 1 shall not be adopted simultaneously.  
The measure as referred to in sub-paragraph 1 of  Paragraph 1 shall be implemented pursuant to 
the provisions of the Customs Law upon the Ministry  of Finance being notified by the Ministry of 
Economic Affairs. The measure as referred to in sub-paragraph 2 may be implemented based on 
the agreement made between the Ministry of Economic Affairs and the exporting countries 
regarding relevant matters. The measure as referred to in sub-paragraph 3, when related to agricultural products, shall be implemented by th e Council of Agriculture of the Executive Yuan. 
Other relief measures shall be implemented by the Ministry of Economic Affairs in conjunction with 
the government agencies concerned.  Article 5  
 
The term "domestic industry" as referred to in these Rules means the domestic producers of like products or directly competitive products whose co llective output of the products constitutes, as 
determined by the International Trade Commission of the Ministry of Economic Affairs (hereafter 
referred to as the "Commission"), a major proportion of the total domestic production of those products. 
 
The term "like products" as referred to herein means products having the same characteristics and are composed of the same materials; the term "directly competitive products" means products which, despite the differences in their characteristics or composing materials, are directly 
substitutable products in terms of their utility purpose and commercial competitiveness. 
 Article 5 bis 
 
The term "interested parties" as referred to herein means:  
1.  foreign producers, foreign exporters, domestic importers or the commercial/industrial 
associations to which they belong as major members;  2.  the government or its representative(s) of the exporting countries or the countries of origin; 
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  3.  the domestic producers of like products or directly competitive products or the 
commercial/industrial associations to which they belong as major members;  4.  other interested parties as identified by the Commission. 
 
Article 6  
With respect to an import relief case, the Ministry  of Economic Affairs may, upon the petition by 
the relevant authority, the injured domestic industry, the association representing the injured domestic industry, labour union or the relevant entities, refer the case to the Commission to proceed with the injury investigation. 
 
Article 7  
Unless otherwise provided by these Rules, a decision of the Commission shall be taken by a 
majority of the attending Commissioners at a meeting attended by a majority of the Commissioners. 
 
Article 7 bis 
 Any legal matters stipulated in these Rules with the indication of public notice shall be published in 
the Government Gazette. 
CHAPTER 2 PETITION 
Article 8 
 
In the case of petition for import relief, the petiti oner 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 commodity  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 about the industry being affected: 
 
(1)  the production, sales, inventory, prod uct, price, profits and losses, capacity 
utilization, and employment of the domestic  industry, and their changes for the most 
recent 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 allege the fact that the industry has been 
affected; 
4.  the adjustment plan and the proposed relief measures allowing the industry to recover its 
competitiveness or to shift to another line of business.  G/SG/N/1/TPKM/3 
 
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  The particulars and information which shall be set forth or required under sub-paragraphs 2 and 3 
of the preceding paragraph may be exempted, 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-paragraph 4 of Paragraph 1 may be submitted within 90 
days of the filing of the petition.  
Article 9 
 Unless in any of the following situations which would cause the dismissal of the petition, the Ministry of Economic Affairs, shall, within 30 days from the day after receiving the petition, refer 
the import relief case to the Commission for review and decision on whether to initiate an 
investigation; provided, however, that the ti me required for the petitioner to supplement 
information shall not be included in the thirty-day period: 
 
1.  the petitioner is not qualified as required in Article 6; or  
2.  the petitioner fails to meet the requirements stipulated in Article 8, Paragraph 1, and fails to 
supplement data within the period as notified or fails completely to supplement the information.  Regardless of whether a decision is made to initiate an investigation or not, the Ministry of 
Economic Affairs shall immediately notify the petitioner and known interested parties in writing 
and give a public notice thereof. 
CHAPTER 3 INVESTIGATION INTO IN JURY CAUSED TO THE INDUSTRY 
Article 10 
 Where the Commission investigates into an import relief case, the Chairperson of the Commission 
shall designate one or two Commissioners to be responsible for handling the case and, where 
necessary, request the relevant agency to assign staff or commission scholars and experts in the relevant fields on a case-by-case basis to assist in the investigation.  
Article 11 
 The Commission, when conducting investigation into an import relief case, shall comply with the 
following: 
 1.  it shall review the information provided by the petitioner and the interested parties, and may 
assign staff to conduct on-site verification, and when necessary, may require the provision of 
additional relevant information; and  2.  it shall hold hearings. 
 
The petitioner or interested parties shall provide information according to the requirements of the Commission; if such information is not provided, the Commission may proceed to examine the 
case based on the information available. 
 Article 12 
 
The Commission shall permit public access to the information provided by the petitioner or interested parties, except where a request with justification has been made for keeping the information confidential. 
 
With respect to the request for confidentiality referred to in the preceding paragraph, the Commission may require provision of a summary which can be made public; if the request for 
provision of a summary is refused without justification, the Commission may disregard the said 
information.  G/SG/N/1/TPKM/3 
 
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  Article 13 
 The Commission shall give public notice in adva nce of the date set forth for each hearing. 
 
The Commission shall at the same time notify the petitioner and the known interested parties to 
attend the hearing.  
Article 14 
 Application to attend a hearing may be submitted to the Commission in advance of the date set forth for a specific hearing. The applicant may present its substantive opinions relating to the case 
in writing to the Commission prior to a specific hearing. 
 Article 15 
 
The Commission may, prior to the formal holding of a specific hearing, convene a meeting relating to procedural matters to decide on the order of presentations, the time allocated to each 
presentation, and other relevant matters. 
 Each hearing shall be presided over by the one or more Commissioners designated by the 
Chairperson of the Commission pursuant to Article 10. 
 
Article 16 (deleted)  
Article 16 bis 
 If the Commission, in its preliminary investigation of a case, determines that there is clear 
evidence that increased imports have caused or are threatening to cause serious injury to the 
domestic industry producing like products or directly competitive products, and that the situation is critical, such that delay would cause damage that would be difficult to repair , the Commission may make a proposal for a provisional increase of the tariffs before its final determination on the 
existence of the injury. The said proposal shall be made within 70 days from the next day following 
the notification by the Ministry of Economic Affa irs to the petitioner on the initiation of the 
investigation. 
 
The Commission shall submit, within ten days, to the Ministry of Economic Affairs the proposal referred to in the preceding paragraph for the provis ional increase of tariffs. Upon the Ministry’s 
adoption of the said proposal, the Ministry shall consult with the relevant competent authorities 
within ten days and then submit the proposal to  Executive Yuan for approval. The implementation 
period shall not exceed 200 days and shall be counted in the implementation period as prescribed in Article 23. 
 
The provisional measures referred to in the preced ing paragraph shall terminate when the Ministry 
of Economic Affairs gives a public notice stating either that the import relief measures are applied 
or that the injury does not exist. 
 The tariffs imposed under the provisional measures may be substituted and guaranteed by 
government bonds or other securities approved by the Ministry of Finance of equivalent amount. 
When the Ministry of Economic Affairs gives a public notice that the market disruption does not exist, the tariffs collected under the provisional me asures shall be refunded and/or the guarantees 
be waived. When the Ministry gives a public notice on the application of import relief measures, 
the tariffs imposed under the provisional measures shall be fully paid in cash and the guarantees 
be waived thereupon  
Article 17 
 Having completed the investigation with respect to an import relief case, the Commission shall 
convene a Commissioners Meeting to decide whether the domestic industry has been injured. 
 The decision referred to in the preceding paragrap h shall be made by at least two-thirds of the 
attending Commissioners at a meeting attended by at least half of the Commissioners. 
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  Article 18 
 Unless otherwise provided in Article 19, Paragraph 1, the Commission shall make a decision as to whether the industry has been injured within 120 days  from the day after the petitioner is notified 
of the initiation of the investigation by the Ministry of Economic Affairs. 
 The time limit referred to in the preceding paragraph may be extended by 60 days, if necessary, 
and the Commission shall notify the petitioner of such extension of time and give public notice 
thereof.  Article 19 
 
With respect to an import relief case for perishable agricultural products where the serious injury would be difficult to cure if relief measures ar e not adopted in time, the Ministry of Economic 
Affairs shall, within 20 days from the day following the receipt of the petition, refer the case to the 
Commission for review as to whether or not to initiate an investigation, and shall also apply Article 9 mutatis mutandis with respect to the procedures regarding supplementation, dismissal, 
notification and giving public notice. 
 When an investigation is to be initiated, the Commission shall make a decision as to whether the industry has been injured or not within 70 days from  the day after the petitioner is notified of the 
initiation of the investigation by the Ministry of Economic Affairs. 
 The perishable agricultural products referred to in the preceding paragraph shall be determined by 
the competent central agricultural authority on a case-by-case basis. 
 Article 20 
 
In respect of a decision on whether the industry has been injured, the Commission shall, within 15 
days after the decision is made, prepare a letter of decision and submit it to the Ministry of 
Economic Affairs together with an investigation report. The Ministry of Economic Affairs shall notify 
the petitioner of the decision in writing and give a public notice thereof. 
 In case of an affirmative decision that the industry has been injured, the Commission shall, 
within 30 days from the date the decision is made, hold a hearing on the import relief measures it 
intends to adopt, and thereafter submit to the Ministry of Economic Affairs a recommendation as 
to whether import relief measures shall be adopted. 
 
Whenever the Commission submits a recommendation that relief measures shall not be adopted and the Ministry of Economic Affairs finds its reco mmendation acceptable, the Ministry of Economic 
Affairs shall promptly give a public notice that no relief measure will be implemented; if the 
Ministry of Economic Affairs does not find its recommendation acceptable, the Ministry of Economic 
Affairs shall promptly order the Commission to hold a hearing within 30 days on the import relief measures to be adopted, and thereafter submit its recommendation to the Ministry of Economic 
Affairs. 
 The provisions of Articles 13 through 16 shall a pply mutatis mutandis to the procedure for holding 
the hearing referred to in the preceding paragraph. 
 Article 21  
The Commission’s recommendation to the Ministry of Economic Affairs for adopting or not adopting 
relief measures shall be made by at least two-thirds of the attending Commissioners at a meeting attended by at least half of the Commissioners. 
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  CHAPTER 4 IMPORT RELIEF 
Article 22 
 
After the Ministry of Economic Affairs has agre ed to the Commission’s recommendation to adopt 
import relief measures, it shall, except for the adoption of the relief measures as provided in 
Article 4, sub-paragraph 1 of Paragraph 1, which shall be dealt with in accordance with the 
relevant provisions of the Customs Law, decide within 60 days on the relief measures which shall be adopted ex officio or in consultation with th e government agencies concerned; thereafter, it 
shall give public notice of and implement such relief measures and report to the Executive Yuan for 
recordal.  The Ministry of Economic Affairs may, if necessary , notify and consult with the interested countries 
before making the decision referred to in the preceding paragraph. 
 Article 23 
 
The implementation of import relief measures shall take into account the effect each import relief case will have on national economic interests, the rights and interests of the consumers and the 
relevant industries, and shall be limited to the scop e of curing or preventing the injury caused to 
the industry by the import. The period of implementation shall not exceed 4 years. 
 Article 24 
 
If the cause for implementing import relief measures ceases to exist or if there is a change in circumstances after the implementation of the measures, the petitioner or interested parties may 
file a request, to the Ministry of Economic Affairs for termination or modification of the relief 
measures with concrete reasons and accompanied by evidence.  
The request referred to in the preceding paragraph shall be submitted at the latest within 90 days 
prior to the expiration of the period  of implementation of the measures. 
 With respect to the request referred to in Paragraph 1, the Commission shall conduct an 
investigation according to the procedure provided in Chapter III and, upon the making of a 
decision on whether to recommend termination or modification of relief measures, submit the recommendation to the Ministry of Economic Affairs. If the Ministry finds the Commission’s 
recommendation to be acceptable, it shall promptly give a public notice of termination or 
modification of the measures.  
Article 25 
 If the petitioner considers that there is a need to extend the period of implementation of the import relief measures, it may petition to the Ministry of Economic Affairs within 120 days prior to 
the expiration of the period of implementation of the measures at the latest, for extending the 
relief measures with concrete reasons for the need  to extend the period of implementation and a 
description of the said industry’s adjustment pe rformance and plan, and accompanied by evidence. 
 
The Ministry of Economic Affairs shall, within 90 days from the date following the day on which it receives the petition for extension, make a decisi on as to whether the relief shall be extended, and 
give a public notice on the measures implemented and the period of extension. The provisions of 
Chapter II through IV shall apply mutatis mutandis with respect to the procedure for handling the same.  
The extent of relief of the extended measures refe rred to in Paragraph 1 shall not exceed that of 
the original measures. The period of extension shal l not exceed four years, and the extension shall 
be limited to one time. 
 
Article 26  
The Commission shall prepare an annual review report on the results and effects of the 
implementation of the relief measures adopted. If  it believes that the cause for implementing the G/SG/N/1/TPKM/3 
 
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  said measures have extinguished or that there is a change in circumstances, it shall recommend 
the Ministry of Economic Affairs to terminate or modify the measures. If the Ministry of Economic Affairs finds its recommendation acceptable, the Ministry of Economic Affairs shall promptly give a public notice of termination or modification of the measures. 
 
Prior to the preparation of the annual review report, the Commission shall hold a hearing. The provisions of Articles 13 through 16 shall apply mutatis mutandis with respect to the procedure for 
holding the relevant hearing. 
 Chapter 4-1 (deleted)  
Import Relief against Produc ts from Mainland China 
 Article 26bis (deleted) 
Article 26ter (deleted) 
Article 26quater (deleted) Article 26quinguies (deleted) 
Article 26sexies (deleted) 
Article 26septies (deleted) Chapter 4-2 (deleted)  
Import Relief against Textiles and Clothing from Mainland China 
 Article 26 octies  (deleted) 
Article 26 novies  (deleted) 
Article 26 decies  (deleted) 
Article 26 undecies (deleted) 
Article 26 duodecies  (deleted) 
Article 26 ter decies (deleted)  
Article 26 quater decies  (deleted) 
Article 26 quinquies decies  (deleted) 
Article 26 sexies decies  (deleted) 
CHAPTER 4-3 IMPORT RELIEF AGAINST PRODUCTS 
UNDER THE EARLY HARVEST FROM MAINLAND CHINA 
Article 26septies decies 
 The petitions filed pursuant to Paragraph 1 of Articl e 18 of the Act, for the investigation on injuries 
to an industry and the application of import relief measures, may be specific on the products under 
the Early Harvest from Mainland China.  A case of injury to the industry as referred to in the preceding paragraph is to be established, 
when there is an increase in the imported quantity of the product under the Early Harvest from 
Mainland China, or an increase in such imports relative to domestic production, so as to cause or threaten to cause serious injury to the domestic industry producing like products or directly 
competitive products. 
 Article 26octies decies 
 
For those import relief cases in which the existence of injury or threat thereof has been established pursuant to Paragraph 2 of the preceding article, the Ministry of Economic Affairs may adopt the tariff adjusting measures. 
 
The measure as referred to in the preceding paragraph shall be implemented pursuant to the provisions of the Customs Law upon the Ministry of Finance being notified by the Ministry of 
Economic Affairs. 
 G/SG/N/1/TPKM/3 
 
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  Article 26novies decies 
 The implementation of the measure as referred to in the preceding Article shall take into account the effect each import relief case will have on national economic interests, the rights and interests 
of the consumers and the relevant industries, an d shall be limited to the scope of curing or 
preventing the injury caused to the industry by the import. The period of implementation shall not 
exceed 1 year. 
 
Article 26vicies  Except for Subparagraph 2 of Paragraph 1 of Ar ticle 4, Subparagraph 4 of Paragraph 1 and 
Paragraph 3 of Article 8, Paragraph 2 of Article 18 and Article 23 to Article 26, articles in these 
Rules shall be applied mutatis mutandis to this Chapter. 
CHAPTER 5  SUPPLEMENT PROVISIONS 
Article 27 (deleted) 
 Article 28 
 
If the Ministry of Economic Affairs shall, during the proceeding of investigation into the injury caused to the industry, find that subsidization or dumping as provided under Article 67 or Article 68 of the Customs Law is involved, it shall promptly notify the Ministry of Finance and the 
petitioner. 
 Article 28 bis 
 
The matters regarding the investigation, determination, consultation, the relief measures, etc. which are not provided for in the Act or these Rules shall be handled in accordance with the 
applicable international agreements and customs. 
 Article 29  
These Rules shall be implemented from the date of promulgation. 
 The effective date of Chapter 4-3 of these Rules sh all be determined by the Ministry of Economic 
Affairs in consultation with the authorities concerned. 
 
 
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