G/ADP/N/1/TPKM/1/Suppl.2  
G/SCM/N/1/TPKM/1/Suppl.2  
 
24 August 2018  
(18-5316) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 
NOTIFICATION OF LAWS  AND REGULATIONS  
UNDER ARTICLE S 18.5 AND 32.6 OF THE  AGREEMENTS  
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN , 
PENGHU , KINMEN AND MATSU 
Supplement  
The following communication, dated 23 August 2018, has been received from the Permanent 
Mission of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.  
 
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Pursuant to Article 18.5 of the WTO Anti -Dumping Agreement and Article  32.6 of the Agreement 
on Subsidies and Counterva iling Measures, the g overnment of the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu hereby notifies the Committee on Anti -Dumping Practices and 
the Committee on Subsidies and Countervailing Measures respectively, of the amendments of the 
relevant Articles in the Regulations Governing the Implementation of the Imposition of 
Countervailing and Anti -Dumping Duties. The amendments entered into force on 2 February 2016.  
 
The key elements of the ch anges are as follows:  
1. The portion of Article 8 paragraph 2 is amended and replaced by the following : 
With the exception of application rejected pursuant to the preceding reasons, the MOF shall, 
within 30 days from the next day of receipt of the application , submit the proposal to the  
Commission for decision.  However, where the applicant has been notified to provide 
supplement and correction of its application within a specified period of time, the 30 days 
limit is to be counted from the next day of receipt of the completed version of the 
application.  
2. The portion of Article 9 paragraph 2 is amended and replaced by the following : 
Pursuant to the preceding paragraph, the case in which the Commission decides to initiate 
an investigation, any unknown foreign prod ucers, exporters and domestic importers may, 
within 20 days from the next day of the public notice of the initiation of the investigation, 
express to the MOF its identity and willingness to be involved in the investigation in writing.  
3. The portion of Articl e 14 paragraph 1 is amended and replaced by the following : 
For the case in which the preliminary determination is made, the MOF shall proceed with the 
investigation, whether there is a subsidy or dumping involved, and shall, within 60 days 
from the next da y of a public notice of the preliminary determination, submit the case to the 
Commission to make its final determination.  
4. Added Article 15 -1 as the following :  
The applicant may, after the public notice of the initiation of an investigation of the case 
being made, apply for withdrawal of the case with the reasons to its withdrawal and G/ADP/N/1/TPKM/1/Suppl.2 • G/SCM/N/1/TPKM/1/Suppl.2  
 
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  presenting qualified representative of the industry pursuant to Article 6. The MOF may, after 
consulting with the relevant agencies, submit a proposal to the Commission for de cision. The 
period of time, from receipt of the application of withdrawal to submission of a proposal to 
the Commission for decision, shall be excluded from the time set forth for investigation in 
Article  12, Article 14, paragraph 1 of Article 16, paragrap h 2 of Article 43, and paragraphs 4 
and 5 of Article 44.  
The application of withdrawal of the case as referred to in the preceding paragraph, if the 
Commission decides to terminate the investigation, the MOF shall immediately notify the 
applicant and the known interested parties in writing and make a public notice thereof. 
However, if the Commission deems it is necessary to proceed with the investigation, the 
competent authorities shall continue the investigation ex officio, and notify the applicant in 
writing. 
5. The portion of Article 16 paragraph 1 is amended and replaced by the following :  
For the case in which the final determination made by the MOEA is that there is no injury to 
the domestic industry, the MOF shall, within ten days from the next day of its receipt of the 
notice from the MOEA, after the Commission determines to terminate the case, immediately 
notify the applicant and any known interested parties in writing, and make a public notice 
thereof. Where the final determination found injury to th e domestic industry, the MOF shall, 
within ten days from the next day of its receipt of the notice from the MOEA, submit the 
case to the Commission to determine whether to impose a countervailing duty or anti -
dumping duty. For the case in which the Commiss ion determines to impose a countervailing 
duty or anti -dumping duty, the MOF shall, pursuant to the relevant acts and regulations, 
approve the subject products, the country or countries of export, respective duty rates and 
the commencement or closing date of the imposition of the countervailing duty or anti -
dumping duty, and shall immediately notify the applicant and any known interested parties 
in writing, and make a public notice thereof. For the case in which the Commission decides 
not to impose counterv ailing or anti -dumping duty, the MOF shall notify the applicant and 
any known interested parties in writing, and make a public notice thereof.  
6. The portion of Article 23 paragraph 2, 3, and 4 are amended and replaced by the following :  
With respect to the u ndertaking pursuant to the preceding paragraph, the government of the  
exporting country or the foreign exporters may apply to the MOF in writing within 30 days 
from the next day of the public notice of the preliminary determination of subsidy or 
dumping.  
 
Applicant shall provide an application of undertaking and commit to implement the terms 
and conditions as follows:  
 
(1) Scope of product concerned and terms of undertaking,  
(2) Export price of product concerned will be no less than the price of undertaking,  
(3) Inform ation related to the fulfilment of undertaking will be provided on a regular 
basis,  
(4) Information related to the fulfilment of undertaking will be reviewed by competent 
authority,  
(5) Acceptance of on -the-spot verification to be conducted by competent authority,  when 
necessary,  
(6) Commitment of not taking any compensatory arrangement or in any other form to 
affect results of the undertaking, and  
(7) Provision of other requirements that competent authority deems necessary.  
 
Upon receiving the application of undertaking pursuant to the preceding Article, the MOF 
shall provide competent authority in charge of domestic industry and interested parties with 
opportunities to comment in writing.  
7. The portion of Article 24 paragraph 1 is amended and replaced by the following : 
Application of undertaking shall be submitted to the Commission for decision; where the 
Commission decides to approve the application, the MOF may suspend the investigation and 
provisional imposition of countervailing duty or anti -dumping duty, and notify the  applicant G/ADP/N/1/TPKM/1/Suppl.2 • G/SCM/N/1/TPKM/1/Suppl.2  
 
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  and the known interested parties and make public a notice thereof. If the Commission 
deems that the terms and conditions of the application are not practical, or that there are 
too many actual or potential exporters, or that approval of the appl ication is not compliant 
with the general policy or for other reasons, the MOF may reject the application and notify 
the applicant and known interested parties and make public a notice thereof.  
8. Added Article 25 -1 as the following : 
Upon approval of the appl ication of undertaking decided by Commission, the government of 
the exporting country or the foreign exporters shall fulfil commitments prescribed in the 
undertaking pursuant to paragraph 3 of Article 23, and cope with the verification to be done 
by the MO F. 
 
Where the government of the exporting country or the foreign exporter is in violation of the 
undertaking, the competent authorities may terminate the undertaking, and shall conduct 
the following regulations:  
 
(1) Where the final determination has been made , and the imposition of countervailing duty 
or anti -dumping duty has been decided, the approved duty rate is to be imposed 
accordingly.  
 
The investigation of the case being suspended pursuant to paragraph 1 of Article 24, 
such investigation shall be comple ted as soon as possible. In cases when the 
countervailing duty or anti -dumping duty was not provisionally imposed or when such 
imposition was suspended, the MOF may, when necessary, provisionally impose the 
countervailing duty or anti -dumping duty after su bmission of facts available to the 
Commission for determination. Where the imposition of a countervailing duty or anti -
dumping duty is determined, the definitive duties may be levied on products imported 
not more than 90 days prior to the date of applicati on of provisional measures. 
However, the imposition of definitive duties shall not apply to products imported prior to 
the violation.  
9. Deleted Article 35 paragraph 3 and added Article 35 -1 as the following:  
Foreign producers or exporters of the case may app ly for the new shipper investigation to 
MOF with relevant documents or evidences, and request for an individual dumping margin 
respectively, provided that:  
 
(1) These producers or exporters have not exported the products concerned during the 
original period of  investigation.  
 
(2) These producers or exporters can show that they are not related to any of the 
producers or exporters in the exporting country who are subject to the anti -dumping 
duties on the products.  
 
(3) These producers or exporters have exported a signifi cant quantity of the product 
concerned following the original period of investigation.  
 
After issuing the public notice of imposing the anti -dumping duty, the producers or exporters 
who meet the qualifications of the preceding paragraph may apply for new s hipper 
investigation to the MOF within one year from the date of the first importation of the product 
concerned.  
 
With respect to the case of new shipper investigation, the MOF shall finish the investigation 
within nine months from the date of issuing the public notice of the initiation of the 
investigation, and submit the proposal to the Commission for decision. Where the decision is 
made, the MOF shall notify the new shipper and known interested parties in writing and 
make a public notice thereof.  
 
From t he date of the initiation of the new shipper investigation, the MOF may request the 
importers to offer security, guarantee, or deposit money in the forms as set forth i n 
Article  11 of the Customs Act to ensure the imposition of the anti -dumping duty. Where  the G/ADP/N/1/TPKM/1/Suppl.2 • G/SCM/N/1/TPKM/1/Suppl.2  
 
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  new shipper’s individual dumping margin has been determined, if the amount of the 
definitive duty is higher than the security, guarantee, or deposit money, the difference shall 
not be collected; conversely, the former is lower than the latter ,then th e difference shall be 
refunded.  
10. The portion of Article 44 paragraph 7 is amende d and replaced by the following:  
With respect to the case where application of undertakings have been approved pursuant to 
Article 24, the undertaking measures shall remain in e ffect before the determination of the 
sunset investigation, provisions of paragraph 1 and paragraphs 3, 4, 5 and 6 of this Article 
shall apply mutatis mutandis to the procedures used thereof.  
11. Added Article 45 -1 as the following:  
For cases where the prelimi nary determination is of no injury to domestic industry or of non -
existence of subsidy or dumping pursuant to Article 12, Article 14, and Article 16, or where 
the investigation is terminated pursuant to Article 15 and Article 15 -1, or where an interim 
investigation or sunset investigation is finished pursuant to Article 43 and Article 44, 
respectively, applicants of the cases shall not reapply for the same incident within a year 
from the next day of the public notice of termination or finish of the investig ation.  
Updated and consolidated versions of the laws and regulations are available on the web site 
https://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=G0350034 . 
 
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