G/ADP/Q1/TPKM/7  
G/SCM/Q1/TPKM/7  
 
3 October 201 8 
(18-6081) Page: 1/2 
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 AGREEMENT S 
QUESTION S POSED BY THE UNITED STATES  REGARDING THE NOTIFICATION  
OF THE SEPARATE CUSTOMS TER RITORY OF TAIWAN,  
PENGHU, KINMEN AND M ATSU1 
The followi ng communication, dated 28 September 2018 , is being circulated at the reques t of the 
Delegation of the United States . 
 
_______________  
 
 
The United States thanks the Separate Customs Territory of Taiwan , Penghu, Kinmen and Matsu 
(Chinese Taipei) for its notification of amendments to the Articles in the Regulations Governing the 
Implementation of the Imposition of Countervailing and Anti -Dumping Duties  (Amended 
Regulations), which entered into force on 2  February 2016, and poses the following questions.  
 
Question 1  
 
Amended Article 9, paragraph 2 of the Amended Regulations states that "any unknown foreign 
producer, exporter and domestic importer may, within 20 days f rom 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 ". If an unknown producer/exporter and/or domestic 
importer misses this 20 -day deadl ine, but later becomes aware of the investigation and wishes to 
participate, would the government of Chinese Taipei allow such party to participate in the 
investigation?  If not, what other venues (if any) would interested parties have to defend their  
interests?  
 
Question 2  
 
Article 15 -1 of the Amended Regulations states that if the Applicant submits a request to withdraw 
the case, but the Commission "deems it necessary to proceed with the investigation " the 
investigating authority may continue the investigation ex -officio . Please explain whether, in such 
instances, the administering authority would be required to provide all interested parties (including 
the Applicant and foreign respondents) with any ad ditional evidence or explanation explaining why 
it has chosen to continue the investigation without the support of the Applicant .  
 
Question 3  
 
Amended Article 23 states that parties wishing to submit an application for an undertaking must 
commit to implem ent the terms and conditions as follows:  
 
[…] 
(5)  Acceptance of on -the-spot verification to be conducted by competent authority, 
when necessary,  
                                                
1 G/ADP/N/1/TPKM/1/Suppl.2 -G/SCM/N/1/TPKM/1/Suppl.2 (dated 24 August 2018). For the sake of 
efficiency, the United States suggests that committee review for these questions be conducted in the 
Committee on Anti -Dumping Practices.  G/ADP/Q1/TPKM/7 • G/SCM/Q1/TPKM/7  
 
- 2 - 
 
  (6)  Commitment of not taking any compensatory arrangement or in any other form 
to affect results of the unde rtaking, and  
(7)  Provision of other requirements that competent authority deems necessary.  
• Regarding condition (5), please explain whether any advance notification will be provided to 
the interested parties with regard to the on -the-spot verification . If so, who will be notified 
and how much advance notice will be given? Will the interested parties be provided with an 
outline of the items expected to be covered during the on -the-spot verification?  
 
• Regarding condition (6), please clarify what could const itute a "compensatory arrangement ".  
 
• Regarding condition (7), please list or provide examples of the "other requirements " the 
competent authority may require from participants of the undertaking.  
 
Question 4  
 
Article 24 of the Amended Regulations states that if the Commission determines there are too 
many actual or potential exporters, MOF may reject an application for an undertaking . Please 
explain whether price undertakings are exporter specific . Also, do parties which request an 
undertaking need to rep resent a certain percentage of the total exports to Chinese Taipei? If so, 
what is this threshold? Is the Applicant or domestic industry consulted by the administering 
authority regarding the decision to accept a price undertaking or the terms of such an 
undertaking ?  
 
Question 5  
 
Regarding Article 35 -1, Chinese Taipei states that foreign producers or exporters may apply for a 
new shipper investigation if these producers or exporters have exported a "significant quantity " of 
the product under investigation following the original period of investigation . Please explain what is 
meant by a "significant quantity ". Is there a specific threshold?  
 
 
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