G/ADP/N/1/JPN/2/Suppl.8  
G/SCM/N/1/JPN/2/Suppl.8  
 
7 October  2016 
(16-5380) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES  18.5 AND 32.6 OF THE AGREEMENTS  
JAPAN 
Supplement  
The following communication, dated 5 October  2016, is being circulated at the request of the 
Delegation of Japan . 
_______________  
 
 
Pursuant to Article 32. 6 of the Agreement on Subsidies and Countervailing Measures  and pursuant 
to Article 18.5 of the Agreement on Implementation of Article VI of the General Agreement on 
Tariffs and Trade (Anti -Dumping Agreement), the Government of Japan wishes to notify the 
relevant Articles in the Cabinet Orders and the Guidelines for Procedures Relating to Countervailing 
Duty and Anti -Dumping Duty, which are amended. The amendments entered into force on 
1 May 2016. G/ADP/N/1/JPN/2/Suppl.8 • G/SCM/N/1/JPN/2/Suppl.8  
 
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  [Provisional Translation]  
 
I. CABINET ORDER RELATI NG TO COU NTERVAILING DUTY (G/ SCM/N/1/JPN/2, 
G/SCM/N/1/JPN/2/CORR .1, G/SCM/N/1/JPN/2/ CORR.2)  
 
Article 3 and 7 of the Cabinet Order1 have been  amended  and replaced by the following.  
 
(Interested Parties for Domestic Industry)  
 
Article 3 (excerpt)  
 
1. The term "intere sted parties for domestic industry " provided for in paragraphs 5, 18 and 2 3 
of Article 7 of the Law shall be:  
 
(1) a domestic producer of the like product s of such imported product  or an association the 
direct or indirect members of which are domestic producer s of the like products  
(hereinafter referred to as "interested producers, etc. " in this item and Articles 4 and 7) (If 
"interested producers, etc. " is an association, two or more of direct or indirect members 
must be domestic producers of the like products . The same applies in Article  4.), and 
whose total output of the like products constitutes not less than 25 per cent of the total 
domestic production.  
 
(Presentation of Evidences, etc.)  
 
Article 7  
 
1. When the investigation is initiated, the interested par ties ( hereinafter interpreted as 
referring to the directly interested parties as well as other interested producers, etc. ( If "interested 
producers, etc. " is an association,  a majority of the direct and indirect members of which must be 
domestic producers of the like product s of the imported products .) and interested labour union s (A 
majority of their direct or indirect members must be engaged in domestic production of the like 
product s of the imported product .) other than directly interested parties .) may present the 
evidence to or testify before the Minister of Finance on the facts re ferred to in paragraphs 6 or 
14 of Article 7 of the Law, the change of situation referred to in paragraph 19 of the said Article 
(including the cases where paragraph 28 is app lied to) or threat referred to in paragraph 24 of said 
Article, until the time -limit notified or specified in the notice in accordance with paragraph 1 of 
Article 5 and referred to in paragraph 7 of Article 5. In this case the person who is to present 
evidence or to testify, shall submit to the Minister of Finance a document as to the fact identified 
by such an evidence or testimony and, in the case where confidential treatment is requested, as to 
that effect and the reason for that request.  
 
II. CABINET OR DER RELATING TO ANTI -DUMPING DUTY (G/ADP/ N/1/JPN/2, 
G/ADP/N/1/JPN/2/CORR .1, G/ADP/N/1/JPN/2/ CORR.2, 
G/ADP/N/1/JPN/2/SUPP L.1, G/ADP/N/1/JPN/2 /SUPPL.3)  
 
Article 5 and 10 of the Cabinet Order2 have been  amended  and replaced by the following.  
 
(Interested Part ies for Domestic Industry)  
 
Article 5  (excerpt)  
 
1. The term "interested parties for domestic industry " provided for in paragraphs 4, 21 and 26 
of Article 8 of the Law shall be:  
 
(1) a domestic producer of the like product s of such imported product  or an association  the 
direct or indirect members of which are domestic producers of the like products  (hereinafter 
                                               
1 G/SCM/N/1/JPN/2, G/SCM/N/1/JPN/2/ Corr.1, G/SCM/N/1/JPN/2/Corr.2 . 
2 G/ADP/N/1/JPN/2, G/ ADP/N/1/JPN/2/ Corr.1, G/ ADP/N/1/JPN/2/Corr.2, G/ ADP/N/1/JPN/2/S uppl.1, 
G/ADP/N/1/JPN/2/S uppl.3. G/ADP/N/1/JPN/2/Suppl.8 • G/SCM/N/1/JPN/2/Suppl.8  
 
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  referred to as "interested producers, etc. " in this item and  Articles 7 and 10) ( If "interested 
producers, etc. " is an association, two or more of d irect or indirect members must be 
domestic producers of the like products.  The same applies in Article 7.), and whose total 
output of the like products constitutes not less than 25 per cent of the total domestic 
production.  
 
(Presentation of Evidences, etc .) 
 
Article 10  (excerpt)  
 
1. When the investigation is initiated, the interested parties ( hereinafter interpreted as 
referring to the directly interested parties as well as other interested producers, etc. ( If "interested 
producers, etc. " is an association , a majority of the direct and indirect members of which must be  
domestic producers of the like product s of the imported products .) and interested labour union s (A 
majority of their direct or indirect members must be engaged in domestic production of the l ike 
product s of the imported product .) other than directly interested parties .) may present to the 
Minister of Finance any evidence in writing or orally with regard to the fact referred to in 
paragraphs 5 or 13 of Article 8 of the Law, the change of situat ion under paragraph 22 of the said 
Article (including the case where the provision for the said paragraph shall apply mutatis mutandis 
in paragraph 31) or threat under paragraph 27 of said Article, within the term under paragraph 7 
of Article 8 informed or  made known to the public in accordance with paragraph 1 of the said 
Article. In this case, any person who intend s to submit evidences in writing or orally, shall submit 
a writing as to the fact to be identified by such evidence and a request for confident ial treatment, 
if necessary, of such evidences with the reason there of. 
 
III. THE GUIDELINES FOR P ROCEDURES RELATING T O COUNTERVAILING DUTY  
As to Paragraph 4 of the Guideline3, subparagraph (5) was added  as follows.  As a result, previous 
subparagraph numbe rs (5) and (6) were technically amended (transferred) to (6) and (7) 
respectively.  
 
[Provisional Translation]  
 
4. Request for the Imposition of Duty, etc.  
 
 (5) Request by an association  for the imposition of countervailing duty etc .  
 (Law: Article 7 , paragraphs 5, 18 and 23. Cabinet Order: Article  3, subparagraph 1 of 
paragraph  1)  
 
When a request for the imposition of countervailing duty etc . is made by an association pursuant to 
Article 7 paragraph s 5, 18 or 23  of the Law , it shall be confirmed that th e association  actually exist s and 
that there is an agreement within the association to make the request . 
 
IV. THE GUIDELINES FOR P ROCEDURES RELATING T O ANTI -DUMPING DUTY  
As to Paragraph 5 of the Guideline4, subparagraph (5) was added  as follows.  As a resul t, previous 
subparagraph numbers (5) and (6) were technically amended (transferred) to (6) and 
(7) respectively.  
 
[Provisional Translation]  
 
5. Request for the Imposition of Duty, etc.  
 
(5) Request by an association for the imposition of anti -dumping duty  etc.  
(Law: Article 8 , paragraphs 4, 21 and 26. Cabinet Order: Article 5, subparagraph 1 of 
paragraph 1)   
 
                                               
3 G/SCM/N/1/JPN/2/Suppl.6.  
4 G/ADP/N/1/JPN/2/Suppl.6.  G/ADP/N/1/JPN/2/Suppl.8 • G/SCM/N/1/JPN/2/Suppl.8  
 
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  When a request for the imposition of anti -dumping duty etc . is made by an association pursuant 
to Article 8 paragraph s 4, 21 or 26  of the Law , it sh all be confirmed that the association actually 
exists and that there is an agreement within the association to make the request .  
 
 
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