WORLD TRADE  
ORGANIZATION  G/ADP/Q1/TPKM/4 
G/SCM/Q1/TPKM/4 11 April 2007 
 
(07-1449) 
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 
 
Questions Posed By The United States Regarding the Notification of  
the Separate Customs Territory of  Taiwan, Penghu, Kinmen, and Matsu1 
 
  The following communication, dated 4 April 2007, is being circulated at the request of the Delegation of the United States. 
 
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1. Please clarify whether the Customs Act has b een notified to the Committee on Antidumping 
Practices (the Committee).  If not, when will Chinese Ta ipei notify this legislation, in accordance with 
Article 18.5 of Agreement on Implem entation of Article VI of the General Agreement on Tariffs and 
Trade 1994 (the Agreement)?   
2. Please clarify whether the statement "relevant act s and regulations" in Article 2 of the notified 
regulations refers only to paragra ph 4 of Article 69 of the Customs Act.  If other acts or regulations 
govern the conduct of Chinese Taipei’s antidumpi ng and countervailing duty actions, please identify 
such legislation and indicate when it was notifie d to the Committee, in accordance with Article 18.5 
of the Agreement.   
3. Several articles of the notified regulations speci fy that public notices will be issued by the 
administering authorities.  Please identify the publi cations or other media in which public notices will 
be made and how the notices will conform to the transparency and public notification provisions 
embodied in Articles 6 and 12 of the Agreement.   
4. Please describe the circumstances under wh ich an antidumping or countervailing duty 
investigation would be initiated by "referral of other government agencies", as described in Article 2 
of the notified regulations, and explain how such an initiation would be consistent with Article 5.6 of 
the Agreement and Article 11.6 of the Agreement on Subsidies and Countervailing Measures.   
5. Please indicate whether the International Trade Commission will be revising its Rules for 
Handling Import Cases  in light of the notified regulations, and if so, when Chinese Taipei expects to 
notify such new rules to the Committee pursu ant to Article 18.5 of the Agreement.   
6. Article 5 of the notified regulations also states, "the term ‘like product’ shall be interpreted to 
mean a product which is identical to,  or composed of the same materials and is of the same 
characteristics or features as the imported subject product …" (emphasis added).  What is the legal 
                                                     
 
1 G/ADP/N/1/TPKM/1/Suppl.1 - G/SCM/N/1/TPKM/1/Suppl.1.   G/ADP/Q1/TPKM/4 
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  difference between the two alternative like product standards set forth in Article 5 of the notified 
regulations?   
7. Article 8 of the notified regulations suggests that the "Tariff Commission" must approve the 
initiation of antidumping and countervailing duty proceed ings.  Please explain in detail the role of the 
Tariff Commission in Chinese Taipei’s administratio n of antidumping and co untervailing duty actions 
and the extent of the Tariff Commission’s authority to approve, reject or modify decisions made by the Ministry of Finance (MOF) and the Ministry of Economic Affairs (MOEA).   
8. Are there any written provisions describing the nature of the investigation preceding the 
preliminary injury determination conducted by th e MOEA described in Article 12 of the notified 
regulations?   
9. Article 13 of the notified regulations indicates that parties will have opportunities to comment 
during the course of an antidumping or countervailing duty proceeding.  Please describe each of the options available to parties to address comments to  the administering authorities and when and in 
what for a such comments can be made, consistent with Article 6 of the Agreement and Article 12 of 
the ASCM.   
10. Please describe the procedures by which the MOF and MOEA ensure that sufficiently 
detailed non-confidential versions of  all information submitted by parties, as well as all relevant 
information generated by the MOF and MOEA, are ma de available to interested parties on a timely 
basis, as provided for under Articles 6.4 and 6.5 of  the Agreement and Article 12.3 of the ASCM.   
11. Article 15 of the notified regulations provid es that an antidumping investigation will be 
terminated if the final dumping margin is "… less than two percent of the price of the like product 
imported from the country or countries of export or origin into this country…".  Please confirm that 
should a definitive antidumping measure ultimately be imposed, that producers or exporters receiving an individual de minimis  or zero margin will be excluded fr om the measure, consistent with 
Article 5.8 of the Agreement a nd the Appellate Body’s report in Mexico -- Rice .
2   
12. Please explain how the provision identified in Artic le 27.2 of the notified regulations is given 
effect.  Specifically, what is meant by "where the s ubsidy is not granted on the basis of the quantity or 
production or exportation"?  How is the period of time determined for allocating the subsidy under 
this provision?   
13. Article 28 of the notified regulations specifies that "… the price thereof shall not be 
considered as the normal value:  1.  where the cost  or price is affected because of an association or 
compensatory arrangement between the purchaser and seller…".  Please explain how the normal value 
will be determined in situations where such affilia ted party transactions are disregarded as outside the 
ordinary course of trade in a manner consiste nt with Article 2.2 of the Agreement.   
14. Article 34 of the notified regulations states that Chinese Taipei may decline to determine 
individual margins where the number of producers or exporters is so large as to "affect" the 
investigation.  Please explain the manner in whic h the administering authorities will make such a 
determination, and in such cases, how they will sel ect which producers and exporters will receive 
individual margins, pursuant to Article 6.10 of the Agreement.  Please explain how the margin will be 
determined for producers or exporters not afforded an  individual margin in a manner consistent with 
Article 6.10 of the Agreement.   
                                                      
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  15. Article 6.9 of the Agreement and Article 12.8 of the ASCM require authorities to inform 
interested parties of the essential facts under consider ation prior to issuing a final determination.  How 
does Chinese Taipei implement these requirements?   
16. Article 13 of the Agreement and Article 23 of  the ASCM require that Members maintain 
judicial, arbitral, or administrative review provisions  pertaining to final determinations made by their 
investigating authorities.  How does Chin ese Taipei implement these requirements?   
 
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