G/ADP/N/1/JPN/2/Suppl.9  
G/SCM/N/1/JPN/2/Suppl.9  
 
25 June 2018 
(18-3980) Page: 1/7 
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 20 June 2018, 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 Gener al 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 April 2017. 
  G/ADP/N/1/JPN/2/Suppl.9 • G/SCM/N/1/JPN/2/Suppl.9  
 
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  [Provisional Translation]  
 
 
I. CABINET ORDER RELATING TO COUNTERVAILING DUTY (G/SCM/N/1/JPN/2, 
G/SCM/N/1/JPN/2/CORR.1,  G/SCM/N/1/JPN/2/CORR.2, 
G/SCM/N/1/JPN/2/SUPPL.8)  
 
Article 3 of the Cabinet Order1 have been  amended  and replaced by the following.  
 
(Interested Parties for Domestic Industry)  
 
Article 3 
 
1. The term "interested 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 producers 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 collective domestic output of the like products constitutes not less than 25 per cent 
of the total domestic production of the like products.  
 
(2) a labour union the direct or indirect members of which are labours who are engaged in the 
production of the like product s of the imported product (referred to as "interested labour 
union" in Articles 4 and 7) and the collective  number of such labours of its direct or indirect 
members constitutes not less than 25 per cent of the total number of labours who are 
engaged in such production.  
 
 
2. Producer who is not included in the domestic producer  as prov ided for in paragraph 1 of the 
preceding Article  pursuant to the provision of paragraph 2 of the said Article  and the domestic 
output of the like products of the imported product by such producer , shall not be included in the 
domestic producer  and the tota l domestic production  as provided for in sub -paragraph (1) of the 
preceding paragraph. Labour who is engaged in the production of the like product s under producer 
who shall not be included in the domestic producer  as provided for in paragraph 1 of the said  
Article  pursuant to the provision of  paragraph 2 of the said Article shall not be included in labours 
who are engaged in such production  as provided for in sub -paragraph (2) of the preceding 
paragraph.  
 
 
II.  CABINET ORDER 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/SUPPL.1,  G/ADP/N/1/JPN/2/SUPPL.3, 
 G/ADP/N/1/JPN/2/SUPPL.8)  
 
Article 5 of the Cabinet Order2 have been  amended  and replaced by t he following.  
 
(Interested Parties for Domestic Industry)  
 
Article 5  
 
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 products of such imported product or an association the 
direct or indirect members of which are domestic producers of the like products 
                                                
1 G/SCM/N/1/JPN/2, G/SCM/N/1/JPN/2/corr.1, G/SCM/N/1/JPN/2/Corr.2, G/SCM/N/1/JPN/2/SUPPL.8 . 
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/Suppl.1, 
G/ADP/N/1/JPN/2/Suppl.3 . G/ADP/N/1/JPN/2/Suppl.9 • G/SCM/N/1/JPN/2/Suppl.9  
 
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  (hereinafter referred to as "interested producers, etc." in this item and Articles 7 and 10) 
(If "interested producers, etc." is an asso ciation, two or more of direct or indirect members 
must be domestic producers of the like products. The same applies in Article 7.), and 
whose collective  domestic output of the like products constitutes not less than 25 per cent 
of the total domestic production  of the like products . 
 
(2) a labour union the direct or indirect members of which are labours who are engaged in the 
production of the like product s of the imported product (referred to as "interested labour 
union" in Articles 7 and 10) and the collective  number of such labours of its direct or 
indirect members constitutes not less than 25 per cent of the total number of labours who 
are engaged in such production.  
 
2. Producer who is not included in the domestic producer  as provided for in paragraph 1 of the 
preceding Article  pursuant to the provision of paragraph 2 of the said Article  and the domestic 
output of the like products of the imported product by such producer , shall not be included in the 
domestic producer  and the total domestic production  as provided for in sub -paragraph (1) of the 
preceding paragraph. Labour who is engaged in the production of the like product s under producer 
who shall not be included in the domestic producer  as provided for in paragraph 1 of the said 
Article  pursuant to t he provision of  paragraph 2 of the said Article shall not be included in labours 
who are engaged in such production  as provided for in sub -paragraph (2) of the preceding 
paragraph.  
 
III. THE GUIDELINES FOR PROCEDURES RELATING TO COUNTERVAILING DUTY  
As to Paragraph 4 of the Guideline3, subparagraphs ( 3) and (4) have been  removed . 
As a result, previous subpara graph  number s (5), (6) and (7) were technically amended 
(transferred) to  (3), (4) and (5) respectively.  As to Paragraph 5 of the Guideline , subparagraph  (2) 
have been  amended  and replaced by the following.  
 
[Provisional Translation]  
 
5. Initiation of Investigation, etc. (excerpt)  
(2) Examination for the Initiation of Investigation  
(Law: Article 7, paragraph 6, 19 and 24.  Cabinet Order: Article 4, subparag raph 5  and 7  of 
paragraph 1 , subparagraph 7 of paragraph 3  and subparagraph 7 of paragraph 4.  ASCM: 
Article  11, paragraph 4.) 
(i) Any Minister who has jurisdiction over the industry in Japan as provided for in paragraph 1 
of Article 7 of the Law (referred to as "the Minister having jurisdiction over the industry " in 
paragraph (2 )(ii) of Article 5 hereof) may confirm the degree of support of the request  for 
the imposition of duty, etc. under  paragraph 5, 18 or 23 of Article 7 of the Law  with 
interested producers, etc. or interested labour unions. However, in the case that the degree 
of support by interested producers , etc.  or interested labo ur unions as provided for in 
subparagraph 7 of paragraph 1, subparagraph 7 of paragraph 3, or subp aragraph 7 of 
paragraph 4 of Article 4 of the Cabinet Order does not correspond to either of the following, 
the said confirmation  shall be made.  
A. The collective domestic output of the like products of the imported product concerned 
by interested producer s, etc. (in the case of an association  that has  domestic 
producers of  the like products of the imported product concerned  as its direct or 
indirect members , those producers of its direct or indirect members . The same applies 
to paragraph (2)(iii)A of Artic le 5 hereof ) in support of the said request  for the 
imposition of duty, etc.  constitutes more than half of the  total domestic production  of 
the said product  (excluding  the domestic output of the said product by producers who 
are not included in the domesti c producers pursuant to the provision of paragraph 2 of 
Article 3 of the Cabinet Order ). 
                                                
3 G/SCM/N/1/JPN/2/Suppl.6.  G/ADP/N/1/JPN/2/Suppl.9 • G/SCM/N/1/JPN/2/Suppl.9  
 
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  B. The collective number of labours engaged in the domestic production of the said 
 product who are in support of the said request for the imposition of duty, etc. 
 constitutes more than half of the total number of labours engaged in such production.  
(ii) The Minister having jurisdiction over the industry  shall, when the confirmation as provided 
 for in paragraph (2)(i) of Article 5 hereof is made, inform in writing the  Minister of Finance 
 and the Minister of Economy, Trade and Industry of the result of the said confirmation.  
(iii) It shall not be regarded as "found to be necessary" provided for  in paragraph 6, 19 or 24 of 
 Article 7 of the Law, unless the degree of support by interested producers , etc. or interested 
 labour unions as provided for in subparagraph 7 of paragraph 1, subparagraph 7 of 
 paragraph 3, or subparagraph 7 of paragraph 4 of Article 4 of the Cabinet Order  (in the case 
 that the confirmation as p rovided for in paragraph (2)(i) of Article 5 hereof is made, the 
 result of the said confirmation) corresponds to either of the following.  
A. The collective domestic output of the like products of the imported product concerned 
by interested producers, etc . in support of the request for the imposition of duty, etc.  
under  paragraph 5, 18 or 23 of Article 7 of the Law exceeds the collective domestic 
output of the said product by interested producers, etc. who declare that they oppose 
to the said request for t he imposition of duty, etc.  
B. The collective number of labours engaged in the domestic production of the said 
product who are in support of the said request for the imposition of duty, etc. exceeds 
the collective number of labours engaged in such producti on who declare that they 
oppose to the said request  for the imposition of duty, etc.  
(iv) When the request for the imposition of countervailing duty  is made pursuant  to the provision 
of paragraph 5 of Article 7 of the Law, the following issues, among other  issues, shall be 
examined with respect to the evidence, etc. attached the said request in making a decision 
on whether to initiate the investigation  as provided for  in paragraph 6 of the said Article . 
A. Fact of Importation of the Subsidized  Product:  
(a) It is indicated that a measure as provided for in either of items of 
subparagraph  (a) of paragraph 1 of Article 1 of ASCM is granted;  
(b) It is indicated that benefit is conferred by a measure as specified in accordance 
with paragraph (2)(i v)A(a) of Article 5 hereof; and  
(c) It is indicated that the measure as specified in accordance with 
paragraph  (2)(iv)A(a) of Article  5 hereof is specific as provided for in Article 2 of 
ASCM.  
B. Fact of Material Injury, etc. to the Domestic Industry Caused by Importation of the 
Subsidized Product : 
(a) An increase of importation of the subsidized product, either in absolute terms or 
relative to production or consumption in Japan is indicated.  Where there is more 
than one supplying  country  of the subsidized produ ct, such increase is indicated 
for each supplying country;  
(b) It is indicated that importation of the subsidized product  depress es prices of a 
like product of the subsidized  product  in Japan or  prevent s its price increases,  
which otherwise would have occurred  without importation of the subsidized 
product;  
(c) The impact of importation of the subsidized product on the domestic industry  
(including , at least for the applicants,  decline in sales, profits,  output, market 
share, productivity, return on investm ents or utilization of capacity , or adverse  
effects on cash flow, inventories, employment, wages, growth, ability to raise 
capital or investments ) is indicated  by reasonably available  information ; and  G/ADP/N/1/JPN/2/Suppl.9 • G/SCM/N/1/JPN/2/Suppl.9  
 
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  (d) Material injury, etc. to the domestic industry is explained based on the facts 
shown by the applicant in paragraphs (2)( iv)B (a), (b) and (c) of Article 5 
hereof, etc.  
(e) A causal relationship between importation of the subsidized  product and 
material injury, etc. to the domestic industry may be confirme d. 
(v) In principle, the scope of the examination under paragraph (2)(i v) of Article  5 hereof 
shall be limited to matters as set forth in the document of the request for the 
imposition of countervailing duty; provided that in case corrections are made afte r 
submission of the said document in accordance with paragraph (1) of Article  5 hereof, 
a decision on whether to initiate the investigation  shall be based on the corrected 
document.   
 
IV. THE GUIDELINES FOR P ROCEDURES RELATING T O ANTI -DUMPING DUTY  
 As to Paragraph 5 of the Guideline4, subparagraphs ( 3) and (4) have been  removed . As a 
result, previous subpara graph  number s (5), (6) and (7) were technically amended (transferred) to 
(3), (4) and (5) respectively.  As to Paragraph 6 of the Guideline , subparagraph ( 2) and 
subparagraph ( 6) (ii) of Paragraph 7 have been  amended  and replaced by the following.   
[Provisional Translation]  
6. Initiation of Investigation, etc. (excerpt)  
(2) Examination for the  Initiation of Investigation  
(Law: Article 8, paragr aph 5, 22 and 27 . Cabinet Order: Article 7, subparagraph 5 and 7 of 
paragraph 1, subparagraph 7 of paragraph 3 and subparagraph 7 of paragraph  4. ADA: Article 5, 
paragraph 4.) 
(i) Any Minister who has jurisdiction over the industry in Japan as provided for  in 
paragraph 1 of Article 8 of the Law (referred to as "the Minister having jurisdiction 
over the industry " in paragraph (2 )(ii) of Article 6 hereof) may confirm the degree of 
support of the request  for the imposition of duty, etc. under  paragraph 4, 21 o r 26 of 
Article 8 of the Law  with interested producers, etc. or interested labour unions. 
However, in the case that the degree of support by interested producers , etc.  or 
interested labo ur unions as provided for in subparagraph 7 of paragraph 1, 
subparagraph 7 of paragraph 3, or subparagraph 7 of paragraph 4 of Article 7 of the 
Cabinet Order does not correspond to either of the following, the said confirmation  
shall be made.  
A. The collective domestic  output of the like products of the imported product 
concerned by interested producers, etc. (in the case of an association  that has  
domestic producers of  the like products of the imported product concerned  as 
its direct or indirect members , those producer s of its direct or indirect members . 
The same applies to paragraph (2)(iii)A of Article 6 hereof ) in support of the 
said request  for the imposition of duty, etc.  constitutes more than half of the  
total domestic production  of the said product  (excluding  the domestic output of 
the said product by producers who are not included in the domestic producers 
pursuant to the provision of paragraph 2 of Article 5 of the Cabinet Order ). 
B. The collective number of labours engaged in the domestic production of the said  
product who are in support of the said request for the imposition of duty, etc. 
constitutes more than half of the total number of labours engaged in such 
production.  
                                                
4 G/ADP/N/1/JPN/2/Suppl.6.  G/ADP/N/1/JPN/2/Suppl.9 • G/SCM/N/1/JPN/2/Suppl.9  
 
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  (ii) The Minister having jurisdiction over the industry  shall, when the confirmation as p rovided 
for in paragraph (2)(i) of Article 6 hereof is made, inform in writing the Minister of Finance 
and the Minister of Economy, Trade and Industry of the result of the said confirmation.  
(iii) It shall not be regarded as "found to be necessary" provide d for in paragraph 5, 22 or 27 of 
Article 8 of the Law, unless the degree of support by interested producers , etc. or interested 
labour unions as provided for in subparagraph 7 of paragraph 1, subparagraph 7 of 
paragraph 3, or subparagraph 7 of paragraph 4  of Article 7 of the Cabinet Order  (in the case 
that the confirmation as provided for in paragraph (2)(i) of Article 6 hereof is made, the 
result of the said confirmation) corresponds to either of the following.  
A. The collective domestic output of the like products of the imported product concerned 
by interested producers, etc. in support of the request for the imposition of duty, etc.  
under  paragraph 4, 21 or 26 of Article 8 of the Law exceeds the collective domestic 
output of the said product by interest ed producers, etc. who declare that they oppose 
to the said request for the imposition of duty, etc.  
B. The collective number of labours engaged in the domestic production of the said 
product who are in support of the said request for the imposition of dut y, etc. exceeds 
the collective number of labours engaged in such production who declare that they 
oppose to the said request  for the imposition of duty, etc.  
(iv) When the request for the imposition of anti -dumping duty is made pursuant  to the provision 
of paragraph 4 of Article 8 of the Law, the following issues, among other issues, shall be 
examined with respect to the evidence, etc. attached the said request in making a decision 
on whether to initiate the investigation  as provided for  in paragraph 5 of the said Article . 
A. Fact of Importation of the Dumped Product:  
(a) The normal value is indicated in a verifiable manner;  
(b) The export price (which shall mean the price sold for export as referred to in the 
provision of paragraph 1 of Article 8 of the Law; hereinafter the same) is 
indicated in a verifiable manner; and  
(c) The export price is less than the normal value in accor dance with the 
comparison of these prices as shown in paragraphs (2)( iv)A (a) and (b) of 
Article 6 hereof.  
B. Fact of Material Injury, etc. to the Domestic Industry Caused by Importation of the 
Dumped Product : 
(a) An increase of importation of the dumped p roduct, either in absolute terms or 
relative to production or consumption in Japan, is indicated. Where there is 
more than one supplying  country  of the dumped product , such increase is 
indicated for each supplying country;  
(b) It is indicated that importa tion of the dumped product  depress es prices of a l ike 
product of the dumped product  in Japan or  prevents its price increases,  which 
otherwise would have occurred  without importation of the dumped product;  
(c) The impact of importation of the dumped  produc t on domestic industry  
(including , at least for the applicant,  decline in sales, profits, output, market 
share, productivity, return on investment s or utilization of capacity , or negative 
effects on cash flow, inventories, employment, wages, growth, abilit y to raise 
capital or investments ) is indicated  by reasonably available  information ; and  
(d) Material injury, etc. to the domestic industry is explained based on the facts 
shown by the applicant in paragraphs (2)( iv)B (a), (b) and (c) of Article 6 
hereof, etc. G/ADP/N/1/JPN/2/Suppl.9 • G/SCM/N/1/JPN/2/Suppl.9  
 
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  (e) A causal relationship between importation of the dumped product and material 
injury, etc. to the domestic industry may be confirmed.  
(v) In principle, the scope of the examination under paragraph (2)( iv) of Article  6 hereof shall 
be limited to mat ters as set forth in the document of the request for the  imposition of anti -
dumping  duty; provided that in case corrections are made after submission of the said document 
in accordance with paragraph (1) of Article  6 hereof, a decision on whether to initiate the 
investigation  shall be based on the corrected document.  
 
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