WORLD TRADE  
ORGANIZATION  G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 
G/SG/N/1/JPN/2/Suppl.2 
17 August 2009 
 (09-3900) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Committee on Safeguards Original:   English 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
 
JAPAN 
 
Supplement
 
  
 The following communication, dated 31 July 2009, is being circulated at the request of the 
Delegation of Japan.    
_______________ 
 
 
 Pursuant to Article 32.6 of the Agreem ent on Subsidies and Countervailing Measures, 
Article 18.5 of the Anti-dumping Agreement, and Article 12.6 of the Agreement on Safeguards, the 
Government of Japan wishes to notify the releva nt Articles in the Cabinet Order Relating to 
Countervailing Duty, Anti-Dumping Duty and Emerge ncy Duty, and the Guidelines for Procedures 
Relating to Countervailing Duty, Anti-Dumping Du ty and Emergency Duty/Measures, which are 
amended.  The amendments we re published on 31 March.   
  G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 2 
  
  THE GUIDELINES FOR PROCEDURES  
RELATING TO COUNTERVAILING DUTY  
 
1. Status of this Guideline  
 
The operation of the system relating to counter vailing duties is governed by the provisions of 
the relevant domestic laws and regulations of Japan, the Genera l Agreement on Tariffs and Trade 
1994 and the Agreement on Subsidies and Countervaili ng Measures.  The objective of enacting this 
Guideline is to complement the Agreements, la ws and regulations above , and to contribute to 
facilitate the operation of the system.  Further, fl exible and responsive approaches in individual cases 
shall not be precluded in applying this Guidelin e.  Moreover, consideration shall be given to 
internationally established interpretations of each  of the above-mentioned Agreements for its 
application.   
 
2.  Definitions  
 
 For the purpose of this Guideline, the terms "L aw", "Cabinet Order" and "ASCM" shall mean 
"Customs Tariff Law (Law No. 54 of 1910)", "C abinet Order Relating to Countervailing Duty 
(Cabinet Order No. 415 of 1994)", and "Agreeme nt on Subsidies and Countervailing Measures", 
respectively.   
 
3. Domestic Industry  
 (1) Major Proportion 
 
 (Cabinet Order:  Article 2, paragraph 1.)   The term "major proportion" as provided for in paragraph 1 of Article 2 of the Cabinet Order 
shall be interpreted as approximately 50 per cent.    
(2) Producers Excluded from Domestic Producers 
  (Cabinet Order:  Article 2, paragraphs 1 and 2.)   The output of the like products of the impor ted product concerned by producers who are not 
included in "domestic producers" referred to in para graph 1 of Article 2 of the Cabinet Order pursuant 
to paragraph 2 thereof, shall be included into th e calculation of the total domestic production of the 
product concerned.    (3) Relation to Control  
 (Cabinet Order:  Article 2, the proviso to paragraph 2.) 
  The term "control" as provided for in the provi so to paragraph 2 of Article 2 of the Cabinet 
Order shall apply to any of the following cases,  based on Japan's GAAP (Generally Accepted 
Accounting Principles).   
 
(i) When a company holds in its own account more  than half of the voting rights in another 
company;   (ii) When a company holds from 40 per cent to half of the voting rights, and meets any of the conditions in the followi ng subparagraphs:    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 3 
  
   A. Combination of the voting rights held by the company's own account and the voting 
rights held by those who are expected to ex ercise the voting rights in the same way as the 
company based on the close relationship thro ugh investment, personnel affairs, capital, 
technology, transactions, and so forth, and the vo ting rights held by those who have agreed to 
exercise their voting rights in the same way as the company exceeds the majority of voting 
rights of the other company;   
 B. Current or former executives or employ ees of the company who can influence on the 
decisions on financial and operating or business policies of the other company constitute the 
majority of the board of directors or equivalent governing body of the other company; 
 C. There are contracts or other agreements that control important financial and operating 
or business policies of the other company; 
 D. The company finances the majority of  the loans of the other company;  and 
 E. There are other facts that indicate the company can exercise control over the decision-
making body of the other company.   
 (iii) When a combination of the voting rights he ld by the company's own account and the voting 
rights held by those who are expected to exerci se the voting rights in a same way as the company 
based on the close relationship through investme nt, personnel affairs,  capital, technology, 
transactions, and so forth, and the voting rights held by those who have agreed  to exercise their voting 
rights in the same way as the company exceeds the ma jority of voting rights of the other company, 
and meets any of the conditions of paragra ph (3)(ii) B to E of Article 3 hereof.   
 (4) Exception of producers who have imported su ch products or who ha ve relations with 
importers or producers of such imported products 
 
 (Cabinet Order Relating:  Article 2, the proviso to paragraph 2.)  (i) The judgment as to whether producers "behave differently from other producers who have no relations (non-related producers)" as provided for in the proviso to paragraph 2 of Article 2 of the 
Cabinet Order Relating shall be made on the basis of the following:   
 
 A. Actual conditions of transactions with  related parties regarding volume and uses of 
such products, etc.; 
B. Stance on support of the request for the imposition of duty, etc. under paragraph 5, 18 
or 23 of Article 7 of the Law;  and 
C. Any other relevant matters which shows that direct or indirect control does not 
require to behave differently from other producers.   
 (ii) The judgment as to whether a producer's "m ajor business concerning those products and the 
like products is domestic production of the like product s" as provided for in the proviso to paragraph 
2 of Article 2 of the Cabinet Order shall be made on the basis of the following:   
 
 A. Actual conditions of imports regard ing suppliers, volumes and purposes of such 
imported products, etc.; 
 B. Stance on support of the request for the imposition of duty, etc. under paragraph 5, 18 
or 23 of Article 7 of the Law; and 
 C. Any other relevant matters which show  that major business concerning those products 
and the like products is domestic pr oduction of the like products.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
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  4. Request for the Imposition of Duty, etc.
 
 
(1) Submission of Evidence, etc. 
 
 (Cabinet Order:  Article 2, the proviso to para graph 2;  Article 4, paragraphs 1 to 7 and the 
second sentence of paragraph 9;  Artic le 7, paragraphs 1 and 2;  Artic le 8, paragraph 2;  Article 9, 
paragraphs 1 and 2;  Article  10, paragraphs 1 and 2;  Article 11, paragraph 1.)   
 
 The following items shall be submitted to or presented at the Tariff Policy and Legal Division 
of the Customs and Tariff Bureau, Ministry of Fina nce, and shall be addressed to the Minister of 
Finance.  The number of copies of the submission in writing shall be no less than 1if the same is also 
submitted in an electronic medium at the time of the submission.  The number of copies of the 
submission in writing shall be no less than 4 if the same in an electronic medium is not submitted.   
 
- The evidence referred to in the proviso to para graph 2 of Article 2 of the Cabinet Order, 
- The document or evidence referred to in pa ragraphs 1 to 7 or the second sentence of 
paragraph 9 of Article 4 of the Cabinet Order, 
- The evidence, testimony or document referred to  in paragraph 1 or 2 of Article 7 of the 
Cabinet Order, 
- The document referred to in paragraph 2 of Article 8 of the Cabinet Order, 
- The presentation of the view referred to in pa ragraph 1 or 2 of Article 9 of the Cabinet 
Order, 
- The information referred to in paragraph 1 or 2 of Article 10 of the Cabinet Order, or  
- The document referred to in paragraph 1 of Article 11 of the Cabinet Order. 
 
(2) Sufficient Evidence 
 
 (Law:  Article 7, paragraph 5.) 
 
 Sufficient evidence as provided for in paragra ph 5 of Article 7 of the Law shall be the 
evidence based on such information as is reasonably av ailable.  Simple assertion, unsubstantiated by 
relevant evidence, cannot be consider ed as such sufficient evidence.   
 (3) The Degree of Support  
 (Cabinet Order:  Article 4, subparagraph 7 of  paragraph 1, subparagra ph 7 of paragraph 3 and 
subparagraph 7 of paragraph 4.)   It shall not be regarded as "found to be nec essary" referred to in paragraph 6, 19 or 24 of 
Article 7 of the Law, unless indicated as the degree of support by interested producers or interested 
labour unions provided for in subparagraph 7 of pa ragraph 1, subparagraph 7 of paragraph 3, or 
subparagraph 7 of paragraph 4 of Artic le 4 of the Cabinet Order that:   
 - The collective domestic output of like produc ts of the imported product concerned by 
interested producers, etc. (in the case of association of domestic producers of like products of the imported product concerned, direct or indirect members of the association) in support of 
the request referred to in the provisions of para graph 5, 18 or 23 of Article 7 of the Law, 
exceeds the total domestic output of the said pr oduct minus the collective domestic output of 
the said product by interested producers, etc. who express not to oppose the request concerned (including interested producers, etc. in support of the said request);  or  G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
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  - The collective number of the members of interested labour unions which support the said 
request and who are engaged in the domestic pr oduction of the said product exceeds the total 
number of persons engage d in the said production minus the number of members of interested 
labour unions which express not to oppose the sai d request (including interested labour unions 
in support of the said request).   
 (4) Producers Excluded from Domestic Producers, etc.  
 (Cabinet Order:  Article 3, paragraphs 1 and 2.) 
  The output of like products of the imported product concerned by the following producers, or the number of the following members, shall be incl uded into the calculation of the total domestic 
production of the product concerned or the tota l number of persons enga ged in the domestic 
production of the said product:   
 - Producers who shall, pursuant to paragraph 2 of Article 3 of the Cabinet Order, not be 
included in "domestic producers" referred to in subparagraph 1 of paragraph 1 of the said 
Article, or 
- Members who shall, pursuant to paragraph 2 of  Article 3 of the Cabinet Order, not be 
included in "members" referred to in subparagr aph 2 of paragraph 1 of the said Article.   
 (5) Sample of Items and Manners of Description in the Request for the Imposition of Duty, etc., 
Sample Form for Submission of Evidence, and Sa mple Manners of Summarization of Confidential 
Evidence, etc. 
 
 (Cabinet Order:  Article 4, paragraphs 1 to 6;  Article 7, paragraphs 1 and 5.) 
 (i) In making a request for the imposition of c ountervailing duty, etc., the document setting forth 
the necessary information shall be submitted in accor dance with the sample of items and manners of 
descriptions in the request for the imposition of duty , etc. in Attachment 1.  The sample form for 
submission of evidence to be attached to the request  shall be Attachment 2.  The sample manners of 
summarization of confidential evidence, etc. shall be  Attachment 3;  provided that matters pertaining 
to the amount of subsidy in the document to be su bmitted and the evidence to be attached thereto in 
connection with such matters shall follow Article 6 hereof.    
(ii) The sample form for submission of evidence as  provided for in paragra ph 1 of Article 7 of the 
Cabinet Order shall be Attachment 4.  The sa mple manners of summarization of confidential 
evidence, etc. shall be Attachment 3;  provided th at the evidence to be submitted in connection with 
matters pertaining to the amount of subs idy shall follow Article 6 hereof.   
 (6) Offices for Consultation  
 
 (Law:  Article 7, paragraphs 5, 13, 18 and 23.)   The following offices are in charge of consu ltation in connection with the request for the 
imposition of countervailing duty, etc.:   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
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  • Tariff Policy and Legal Division of the Customs and Tariff Bureau, Ministry of Finance 
3-1-1 Kasumigaseki, Chiyoda-ku, Tokyo, 100-8940 Japan Telephone number:  +81-3-3581-4786 
Fax number:  +81-3-5251-2173 
 Email address:  anti.dumping@mof.go.jp  
• Office for Trade Remedy Investigations of th e Trade Control Department of the Trade and 
Economic Cooperation Bureau, Ministry of Economy, Trade and Industry 1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo, 100-8901 Japan Telephone number:  +81-3-3501-3462 
Fax number:  +81-3-3501-0992 
Email address:  qqfcbk@meti.go.jp 
 5. Initiation of Investigation, etc
. 
 
(1) The Period of Time until the Decision on the Initiation of Investigation 
  (Law:  Article 7, paragr aphs 6, 14, 19, 24 and 28) 
  The decision on whether to initiate the investiga tion referred to in paragraphs 6, 14 or 19 of 
Article 7 of the Law (including the case where the provisions of paragraph 19 are applied mutatis 
mutandis paragraph 28 of the same Article) or in paragr aph 24 of Article 7 (hereinafter referred to 
simply as "investigation", except for paragraphs (2 ), (5) and (6) of Article 5, Article 10, and 
paragraph (1)(i) of Article 11 hereof), shall be ma de within approximately two months from the date 
of the submission of the document referred to in paragr aphs 1 to 5 of Article 4 of the Cabinet Order.  
In case that the said document is submitted, certain corrections (including addi tional evidence) may be 
requested where necessary.  In case that certain corrections are requested, the decision on whether to 
initiate the investigation shall be made within a pproximately two months from the date of completion 
of all such corrections.    (2) Examination for the Initiation of Investigation 
 
 (Law:  Article 7, paragraph 6.  Cabinet Orde r:  Article 4, subparagr aph 5 of paragraph 1.) 
 (i) When the request for the imposition of count ervailing duty is made pursuant to the provision 
of paragraph 5 of Article 7 of the Law, the foll owing issues, among other issues, shall be examined 
with respect to the evidence, etc.  attached the said request in maki ng 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 confe rred by a measure as speci fied in accordance with 
paragraph (2)(i)A(a) of Article 5 hereof;  and  
 (c) It is indicated that the measure as sp ecified in accordance with paragraph (2)(i)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:    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 7 
  
   (a) An increase of importation of the subsid ized 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 pr oduct, such increase is indicated for each 
supplying country;   
 (b) It is indicated that importation of the subsidized product depresses prices of a like 
product of the subsidized product in Japan or prevents its pri ce increases, which 
otherwise would have occurred without im portation of the subsidized product;  
 (c) The impact of importation of the subsidized product on the domestic industry 
(including a decline in sales, profits, output, market share, productivity, return on 
investments or utilization of capacity, or negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments) is indicated;  and 
 (d) A causal relationship between importati on of the subsidized product and material 
injury, etc. to the domestic industry may be confirmed.   
 
(ii) In principle, the scope of the examination un der paragraph (2)(i) of Ar ticle 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 after submission of the said document in accordance with 
paragraph (1) of Article 5 hereof, a decision on whethe r to initiate the investigation shall be based on 
the corrected document.   
 
(3) Council on Customs, Tariff, Fore ign Exchange and Other Transactions 
  (Cabinet Order:  Article 5, paragra ph 1;  Article 13, paragraphs 2 and 3. 
 
 The Minister of Finance shall, when a decisi on to initiate an investigation has been made, 
notify the members of the Special Duty Group of the Customs Tariff Subcouncil of the Council on Customs, Tariff, Foreign Exchange and Other Tran sactions and explain to the Special Duty Group, 
whenever appropriate, the reasons fo r initiating the investigation.   
  The Minister of Finance shall, in cases wh ere he/she notifies and gives a public notice 
pursuant to paragraph 2 or 3 of Article 13 of the Cabinet Order, report to the Special Duty Group of 
the Customs Tariff Subcouncil of the Council on Cu stoms, Tariff, Foreign Exchange and Other 
Transactions on the content thereof.    (4) Investigating Team 
 
 (Cabinet Order:  Article 14.)   The Minister of Finance shall, when a decisi on to initiate the investigation has been made, 
after consulting with any Minister who has jurisdic tion over the industry in Japan as referred to in 
paragraph 1 of Article 7 of the Law and the Minist er of Economy, Trade and Industry, establish an 
investigating team composed of relevant officials of the Ministry of Finance, the said Ministry having 
jurisdiction over the industry in Japan, and the Ministry of Economy, Trade and Industry.    (5) Standard Period of Investigation  
 (Law:  Article 7, paragraph 6. Cabinet Order:   Article 5, subparagra ph 7 of paragraph 1;  
Article 7, paragraph 1;  Article 9,  paragraph 1;  Article 10, paragra ph 1;  Article 10-2;  Article 12;  
Article 13;  paragraphs 1 and 2.)  G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
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  (i) In the initiation of an investigation as provided for in paragraph 6 of Article 7 of the Law, in 
principle, the due date for submission of the eviden ce, etc. to be indicated in a public notice pursuant 
to subparagraph 7 of paragraph 1 of  Article 5 of the Cabinet Order shall be established in or around 
the following period:   
  A. Due date for submission of evidence a nd testimony pursuant to the first sentence of 
paragraph 1 of Article 7 of the Cabinet Or der:  three months after initiation of an 
investigation;  and 
 B. Due date for presentation of the view pur suant to paragraph 1 of Article 9 of the 
Cabinet Order and provision of information purs uant to paragraph 1 of Article 10 of the 
Cabinet Order:  four months after initiation of an investigation. 
 (ii) In principle, the procedures regarding the investigation as provided for in paragraph 6 of 
Article 7 of the Law shall be conducted in or around the following period:   
  A. On-the-spot investigation:  six months  after initiation of an investigation;   
 B. Preliminary determination:  eight m onths after initiation of an investigation; 
 C. Notification of important facts (which shall mean notification pursuant to the 
provision of Article 12 of the Cabinet Order; here inafter the same):  ten months after initiation 
of an investigation;  and 
 D. Final determination:  one year after initiation of an investigation.    (iii) After the initiation of an investigation as provi ded for in paragraph 6 of Article 7 of the Law, 
if it is found appropriate to modi fy the matters indicated in a public notice pursuant to the provision of 
paragraph 1 of Article 5 of the Cabinet Order, su ch as suppliers of the product under investigation, 
etc., such finding shall, in principle, be handled by amending the said notice.  In such case, the right 
equivalent to the right of submission of evidence, etc. (which shall mean the right of submission by 
the respective due dates indicated in a public noti ce pursuant to subparagra ph 7 of paragraph 1 of 
Article 5 of the Cabinet Order) given to the interested  parties (as referred to in paragraph 1 of Article 
7 of the Cabinet Order;  hereinafter the same) a nd the industrial users, etc. (which shall mean 
industrial users of, or representative consumer or ganizations for the product under investigation as 
referred to in paragraph 1 of Article 10 of the Ca binet Order; hereinafter the same) at the time of 
initiation of the investigation shall be given to the in terested parties and the industrial users, etc., who 
are relevant to the amended matters.    
(iv) The Minister of Finance shall notify the tim e schedule up to the final determination in making 
the notification of important facts.    (6) Period of Investigation   (Law:  Article 7, paragraph 6.  Cabinet Orde r:  Article 5, subparagr aph 5 of paragraph 1.) 
 
 In the initiation of an investigation as referred to  in paragraph 6 of Article 7 of the Law, the 
period of investigation to be indicated in a public notice pursuant to subparagr aph 5 of paragraph 1 of 
Article 5 of the Cabinet Order shall be, in principle, as follows:    
(i) Fact of importation of the subsidized product:  one year; 
(ii) Fact of material injury, etc. to the domestic industry caused by such importation:  three years;  and (iii) The period under paragraph (6)(i) of Article  5 hereof shall be within the period under 
paragraph (6)(ii) of the said Article hereof.    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
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  (7) Termination of Investigation 
  (Cabinet Order:  Article 13, paragraph 3.) 
 
 A decision on termination of the investigation as provided for in paragraph 3 of Article 13 of 
the Cabinet Order shall be made in any of the fo llowing cases.  Due care pursuant to Article 6 hereof 
shall be given to calculation pursuant to pa ragraph (7)(i) of Article 5 hereof.   
 
(i) when the amount of subsidy is found to be less than 1 per cent of the price of the product 
under investigation in the course of the investigation as provided for in paragraph 6 of Article 7 of the 
Law;   (ii) when continuation of the investigation is  found unnecessary due to the withdrawal of the 
request for the imposition of the duty, etc. upon initia tion of the investigation based on request for the 
imposition of duty, etc. pursuant to paragraph 5, 13, 18 or 23 of Article 7 of the Law, or paragraph 18 
thereof which applies mutatis mutandis  to paragraph 28 thereof;  or  
(iii) when it is found that there is not sufficient evidence to justify continuation of the investigation process, or otherwise termination of the investigation is found appropriate.   
 6. Calculation of the Amount of Subsidy
 
 
(1) Principles of the Calculation   (Law:  Article 7, paragraph 1.)  
 In principle, the amount of subsidy shall be calculated as follows:   
 (i) The local currency shall be used as the currency for the calculation;  and 
 (ii) Sales, which were made during the period of i nvestigation, shall be covered.  The date of sale 
shall normally be the date on which the material term s of sale are established;  provided that the date 
of sale shall be determined on an individual case basis.   
 (2) Basic Concept of the Calculation Method   (ASCM:  Article 14.) 
 
 The method of calculating the amount of representative subsidies is basically as follows and it shall be calculated from the perspective of the recipi ent of the subsidy;  provided that the calculation 
method of the amount of each subsidy shall be  determined appropriately, taking account of 
characteristics and conditions of each subsid y in an individual investigation.   
 
(i) Grants 
  A. Amount of subsidy   In the case of a grant, the amount of subsidy is the amount of the grant by the government of 
the export country (hereinafter referred to as "gove rnment" including (a) any public body in the export 
country, (b) a private body carrying out funding that is normally vested in the government, or one that is entrusted or directed by the government to carry  out funding that does not differ substantially from 
practices normally followed by the government).  In  the case of exemption or remission of domestic G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 10 
  
  taxes, etc., as for a grant, the amount of subsidy is the amount of the tax exempted or remitted, etc. the 
company would have paid.    
 B. Time of receipt of subsidy 
  In the case of a grant, the subsidy is deemed to  have been received as of the date on which the 
company received the grant.    
(ii) Debt forgiveness 
  A. Amount of subsidy   In the case of forgiveness of a company's debt obligation, the amount of subsidy is the 
amount of the principal and/or interest that the government has forgiven.   
  B. Time of receipt of subsidy   In the case of forgiveness of a company's debt ob ligation, the subsidy is deemed to have been 
received as of the date on which the debt and/or interest was forgiven.   
 
(iii) Equity infusion   A. Amount of subsidy  
 (a) In the case of a government-provided equity  infusion, where a benefit is considered to 
have existed to the extent that the investme nt decision is inconsistent with the usual 
investment practice of private investors (e.g. private investors would not be able to invest under such investment conditions), including the practice for the provision of 
risk capital, the amount of subsidy is the amount of the balance of the government's investment over and above that of privat e investors under the similar investment 
conditions.   
 (b) If actual investment by private investors which is comparable to government 
investment is not available, an adequate amount of subsidy will be determined after 
examining the difference between the amount of the investment by the government and the appraised amount of the value of th e shares issued by the company, etc.   
 
 B. Time of receipt of subsidy   In the case of a government-provided equity infu sion, the subsidy is deemed to have been 
received as of the date on which the comp any received the equity infusion.   
 
(iv) Loans 
  A. Amount of subsidy   (a) In the case of a loan, where a benefit is c onsidered to have existed to the extent that 
there is a difference between the amount a company pays on the government-
provided loan and the amount the company would pay on a comparable commercial loan that the company could actually obtain  on the market, the amount of subsidy is 
the amount of that difference.    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 11 
  
   (b) If an actual commercial loan to the co mpany which is comparable to a government-
provided loan is not available, an adequa te amount of subsidy will be determined 
after examining reasonably comparable comme rcial loans available in the domestic 
market, etc.   
  B. Time of receipt of subsidy   In the case of a loan, the subsidy is deemed to  have been received as of the date on which the 
company would otherwise have had to make a payment on a comparable commercial loan.   
 (v) Loan guarantees   A. Amount of subsidy 
 
 In the case of a loan guarantee, where a benefit is  considered to have existed to the extent that 
there is difference between the amount a compa ny pays for a loan with a government-provided 
guarantee and the amount the company would pay for a comparable commercial loan that the company could actually obtain on the market wit hout the government-provided guarantee, the amount 
of subsidy is the amount of that difference.   
 
 B. Time of receipt of subsidy   In the case of a loan guarantee, the subsidy is deemed to have been received as of the date on 
which the company would otherwise have had to ma ke a payment on a comparable commercial loan.   
 
(vi) Provision of goods or services / Purchase of goods   A. Amount of subsidy   (a) In the case of provision of goods or services or purchase of goods by a government, 
where a benefit is considered to have exis ted to the extent that such provision of 
goods or services is made for less than ad equate remuneration, or such purchase of 
goods is made for more than adequate re muneration, the amount of subsidy is the 
amount of the difference between adequate  remuneration and actual remuneration 
made.   
 (b) The adequacy of remuneration shall be  determined appropriately by considering 
prevailing market conditions for the good or service in question in the country of provision or purchase (including pri ce, quality, availability, marketability, 
transportation and other conditions of purchase or sale).   
 
B. Time of receipt of subsidy 
 
 In the case of the provision of goods or servi ces or purchase of goods, the subsidy is deemed 
to have been received as of the date on which the company or the government paid or, in the absence 
of payment, is assumed to have been due to pay for the provision of goods or services or purchase of goods by a government.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 12 
  
  (vii) Debt-to-equity swap 
  A. Amount of Subsidy 
 
 (a) In the case of a government-provided de bt-to-equity swap, where a benefit is 
considered to have existed to the extent that the debt-to-equity swap decision is 
inconsistent with the usual investment or  debt-to-equity swap practice of private 
investors (e.g., private investors would not be able to invest or make debt-to-equity 
swaps under similar conditions), the amount of  subsidy is the amount of the balance 
of the debt converted into equity by the government over and above the amount of 
investment or debt-to-equity swap by private investors under the similar conditions.   
 (b) If actual investment or debt-to-equity sw ap by private investors which is comparable 
to the debt-to-equity swap by the government is not available, an adequate amount of 
subsidy will be determined after examining the difference between the amount of the 
debt converted into equity by the govern ment and the appraised amount of the value 
of the shares issued by the company, etc.   
  B. Time of Receipt of Subsidy  
 In the case of a government-provided debt-to-e quity swap, the subsidy is deemed to have 
been received as of the date on which the co mpany received the debt-to-equity swap.   
 (viii) Extension of the maturity of loan  
 A. Amount of subsidy 
  (a) In the case of an extension of the maturity  of loan, where a benefit is considered to 
have existed to the extent that there is a difference between the amount that a 
company pays on the government-provided loan subject to the extension of the maturity of the loan and the amount that the company would pay on a comparable 
commercial loan that the company could actually obtain on the market, the amount of 
subsidy is the amount of that difference.   
 (b) If an actual commercial loan to the co mpany which is comparable to a government-
provided loan subject to the extension of th e maturity of loan is not available, an 
adequate amount of subsidy will be de termined after examining reasonably 
comparable commercial loans available in the domestic market, etc. 
  B. Time of receipt of subsidy   In the case of an extension of the maturity of  loan, the subsidy is deemed to have been 
received as of the date on which the company wo uld otherwise have had to make a payment on a 
comparable commercial loan.    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 13 
  
  (3) Adjustments to the Calculation 
  (ASCM:  Article 14.) 
 
 When the amount of a subsidy is calculated,  the following adjustments shall be made:   
 (i) Deductible expenses  
 Expenses incurred in applying for a subsidy or ex port tax paid in order to offset the subsidy 
shall be deducted from the amount of subsidy.    (ii) Allocation of subsidy  
 A. Where a company continuously receives benefit over a number of years from the base 
year for reckoning receipt of a subsidy, the am ount of subsidy shall be allocated for an 
appropriate period of time.  In that case, inter est on the benefit derived from the subsidy shall 
be added.   
 B. The necessity of the allocation of subs idy shall be determined upon considering the 
nature, conditions, and so forth of the individual subsidy.   
 
(4) Calculation of the Rate of the Countervailing Duty   (Law:  Article 7, paragraph 1.)  
 In case of the imposition of a countervailing duty on an ad valorem  basis, the rate of the 
countervailing duty shall be calculated by dividing  the amount of the subsidy of the product under 
investigation by the CIF price (transaction price incl uding freight and insurance costs to Japan) of the 
said product imported during the period of investigation.    7. Request for Submission of Evidence, etc.
 
 
 (Cabinet Order:  Article 5, subparagraph 7 of pa ragraph 1;  Article 7, paragraph 2;  Article 9, 
paragraph 2;  Article 10, paragraph 2.)  (1) When the Minister of Finance sends questionnair es to the interested parties or industrial users, 
etc. to request the submission of evidence as referre d to in paragraph 2 of Article 7 of the Cabinet 
Order, to request for the presentation of the view as referred to in paragraph 2 of Article 9 of the 
Cabinet Order, or to request the provision of inform ation as referred to in para graph 2 of Article 10 of 
the Cabinet Order (hereinafter referred to as "submission of evidence, etc."), the Minister of Finance shall explicitly indicate in the questionnaire in each investigation case the due date for the response to 
the questionnaire.   
 
(2) When requesting the submission of evidence, etc., voluntary submission in an electronic medium together with submission in writing shall be requested.    (3) While evidence must be submitted by the due da te for the submission of evidence indicated in 
a public notice pursuant to subparagraph 7 of para graph 1 of Article 5 of the Cabinet Order upon 
initiation of the investigation, submission of eviden ce may also be permitted in any of the following 
events:   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 14 
  
  (i) when questionnaires are issued;  
(ii) when submission of evidence upon the preliminary determination is requested; (iii) when submission of evidence upon the notif ication of important facts is requested; 
(iv) when submission of evidence at the on-the-spot investigation is requested;  or 
(v) when otherwise submission of evidence for any inevitable reason is requested.   
 8. On-the-spot investigation
 
 
 (ASCM:  Article 12, paragraph 6;  Annex VI.) 
 (1) When necessary to verify information provide d or to obtain further details, the investigating 
team may conduct on-the-spot investigation of the s uppliers or government that granted subsidies in 
the exporting country (as in paragraph 6 of Ar ticle 12 of ASCM), in the following manner: 
 
(i) Before investigation   A. Schedule arrangement.     (a) Confirm the agreement of the party subject to the on-the-spot investigation 
(hereinafter referred to as "the party co ncerned") over the investigation.   
 (b) Arrange the date of the investigation, up on the agreement with the party concerned.   
 (c) Notify representatives of the government of exporting countries and confirm that they 
do not object to the investigation.   
 
 B. Notify the party concerned prior to the investigation.   
  When the date is agreed, send a notification a nd other detail documents of the investigation to 
the party concerned. In such a case, send a deta iled agenda of the investigation along with these 
documents to the supplier in the exporting country in a reasonable period of time prior to the visit 
considering the necessary preparation time.   
 
(ii) After the investigation   A. Make a verification report.    B. When making the notification of important  facts before the final determination, send 
the verification report to the parties concerned. 
 C. Regardless of paragraph (1)(ii)B of Article  8 hereof, disclose the verification report to 
the interested party prior to the notification of important facts, if requested to do so.   
 (2) The following actions shall be taken upon request for submission of evidence at the on-the-spot investigation pursuant to paragr aph (3)(iv) of Article 7 hereof:   
 
(i) Evidence shall be submitted in writing; presen tation of the evidence shall not be deemed as 
submission thereof;  (ii) Voluntary submission in an electronic medium  together with submission in writing shall be 
requested; 
(iii) With respect to evidence which cannot be submitted on the day of the on-the-spot 
investigation, it shall be deemed that no respons e was submitted.  In principle, replacement of 
evidence, which was submitted at the on-the-spot investigation, shall not be permitted;    
(iv) In principle, submission of new evidence irrele vant to the facts, which were revealed before 
the on-the-spot investigation, shall not be permitted;    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 15 
  
  (v) Submission of a list of the evidence submitted during the on-the-spot investigation by the end 
of the on-the-spot investigation shall be requested to  the party concerned.  W ith respect to evidence, 
which had been requested to be submitted during the on-the-spot investigation, it shall be confirmed 
that the requested evidence was properly s ubmitted by referring to the list thereof;   
(vi) In order to improve the accuracy of the inves tigation, in principle, questions and answers shall 
be recorded;  (vii) In principle, the on-the-spot investigation sh all be conducted in Japanese;  interpreters may be 
used depending on the case;  
(viii) When evidence was not submitted or when  the party concerned has not sufficiently 
cooperated, the on-the-spot inves tigation may be terminated;  and 
(ix) When the on-the-spot investigation was termin ated pursuant to paragr aph (2)(viii) of Article 8 
hereof, facts that were available (hereinafter "facts available") shall be applied in accordance with the 
procedures under paragraph (2) of Article 9 hereof.    
 
(3) The provision of paragraphs (1) a nd (2) of Article 8 hereof shall apply mutatis mutandis  to 
on-the-spot investigations of the domestic producers and importers.   
 9. Facts Available
  
 
 (Cabinet Order:  Article 7, paragra ph 4.  ASCM:  Article 12, paragraph 7.) 
 (1) Application of facts available shall mean th e procedures as provided for in paragraph 4 of 
Article 7 of the Cabinet Order, and may be used in, for example, any of the following events:   
 
(i) A response was not made by the original due  date for the response to a request for the 
submission of evidence pursuant to Article 7 hereof;  (ii) A response was made only partially to a re quest for the submission of evidence pursuant to 
Article 7 hereof, and necessary evidence was not submitted;  (iii) The accuracy of the submitted evidence cannot be confirmed;  or (iv) It was found that the submission of evidence has been significantly delayed without any good 
reason or the investigation was otherwise impeded.   
 (2) Regarding the use of the facts available, the following procedures apply.  The lack of 
cooperation by an interested party with the investiga tion could lead to a result which is less favourable 
to the party concerned.   
 
 In sending a questionnaire, the questionnaire sha ll set forth that facts available may be applied 
if the due date for the response to the questionnair e is missed.  In sending documents explaining the 
on-the-spot investigation, the documents shall set forth that facts available may be applied if the 
evidence to be requested at the on- the-spot investigation is not submitted by the end of the on-the-spot 
investigation.   
 
(i) When the due date for the response to the ques tionnaire has been missed, it shall, in principle, 
be deemed that the response has not been submitted.    (ii) Upon request for the submission of evidence at  the on-the-spot investigation to verify the 
accuracy of the evidence submitted pr ior to the on-the-spot investigation, the evidence, which had 
been requested but not submitted by the end of the on -the-spot investigation, shall be deemed that no 
response was made.    (iii) In making the preliminary determinations, the reason for the use of facts available as well as the evidence used and the process involved sh all be set forth in the document notifying the 
preliminary determination.  G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 16 
  
  (iv) In making the notification of important facts, the reason for the use of facts available as well 
as the evidence used and the pro cess involved shall be set forth in the document notifying the 
important facts.  
(v) In making the final determination, the reason for the use of facts available as well as the 
evidence used and the process involved shall be set forth in the document notifying the final 
determination.  (vi) Even where there is no evidence directly obtained from the interested party, in using 
secondary information as evidence to apply facts available, the secondary information shall be 
sufficiently examined.    
 10. Preliminary Determination
 
 (1) Notification of the Preliminary Determination, etc. 
 
 (Cabinet Order:  Article 7, paragraph 2;   Article 9, paragraph 2;  Article 10-2.) 
  The following actions shall be taken in making the notification, etc. of a preliminary determination:    
(i) In the notification and the public notice of  a preliminary determination, where found 
necessary, submission of evidence pursuant to paragraph 2 of Article 7 of the Cabinet Order may be requested with setting forth the due date for the response,  to the extent that it is directly related to the 
preliminary determination;   (ii) In the public notice of a preliminary dete rmination, where found necessary, presentation of 
the view pursuant to paragraph 2 of  Article 9 of the Cabinet Order ma y be requested with setting forth 
the due date for the response, to the extent that it is  directly related to the preliminary determination.  
As is the case of views presented by interested parti es, views presented by the industrial users, etc., 
shall be one of the factors in determining the n ecessity of protecting the domestic industry while it is 
the discretion of the authorities, not an independent  requirement, to impose the countervailing duty on 
how their views should be reflected in the final determination;  and  
(iii) At the time of a preliminary determination, in principle, an interim report on the facts found, 
which formed the basis for the determination, shall be prepared and be made  public on the website.   
 (2) Actions after the Preliminary Determination  
(Law:  Article 7, paragraphs 9 and 10.) 
  The following actions shall be taken af ter the preliminary determination:   
 (i) When it can be presumed that importation of the subsidized product has occurred resulting in 
material injury, etc. to the domestic industry caused by such importation in the preliminary 
determination, and if it is found necessary to prot ect such domestic industry, measures under the 
provision of paragraph 10 of Article 7 of the Law (hereinafter referred to as "provisional measures") 
may be applied or an undertaking referred to in th e first sentence of paragraph 9 of the same Article 
may be accepted;   (ii) If it cannot be presumed that importation of the subsidized product has occurred in the 
preliminary determination, but it can be presumed that  such importation caused material injury, etc. to 
the domestic industry, further continuation of  investigation shall be considered;  and 
(iii) When material injury, etc. to the dom estic industry caused by the importation of the 
subsidized product cannot be presumed in the pr eliminary determination, termination of the 
investigation shall be considered.    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 17 
  
  11. Undertaking
 
  (Law:  Article 7, first sentences of paragr aphs 9 and 15, paragraphs 21, 25 and 28.) 
 
(1) Requirements for the Acceptance of an Undertaking   An undertaking (as referred to in the first sen tence of paragraph 9 of Article 7 of the Law 
(including mutatis mutandis application of said provisions to th e first sentence of paragraph 15, 
paragraphs 21 and 25 of the said Article, and further mutatis mutandis application of paragraph 21 to 
paragraph 28 of the said Article) and the same ap plies to paragraphs (1) and (3) through (5) of 
Article 11 hereof) may be accepted only if an offer in cluding all of the following matters is made:   
 (i) A provision stating that: the effective period of the undertaking concerned expires, within 
five years from the date of accepting the undertaking, on the day as fixed in the said undertaking 
however, in cases where such a date, within five y ears from the date of accepting the undertaking, as 
fixed by the undertaking, is preceded by the date on which the undertaking lapses in accordance with 
paragraph 3 of Article 11 of the Ca binet Order or the date on which the undertaking is withdrawn or 
the date on which the undertaking is violated, the date on which the investigation is concluded in 
cases where changes in circum stances, as referred to in subparagr aphs of paragraph 17 of Article 7 of 
the Law, are found as a result of the investigation re ferred to in paragraph 19 of the said Article which 
applies mutatis mutandis  to paragraph 28 of the said Article (except for the cases where an 
undertaking is newly accepted in accordance with the provision of paragraph 21 of the said Article which applies mutatis mutandis  to paragraph 28 of the said Article ), or any other date on which the 
undertaking loses effect, the undertaking concerned loses effect on the date whichever is the earliest;   
(ii) A provision relating to:  the provision of information relevant to the fulfilment of the 
undertaking concerned, the permission of verifica tion of pertinent data and other matters found 
necessary.  Such provision shall incl ude at least the following matters:   
  A. Information relating to grant of th e subsidy will be submitted periodically; 
 B. Information relating to production of  the product under investigation will be 
submitted periodically; 
 C. Other information which is considered to be necessary to confirm the fulfillment of 
the undertaking will be submitted when necessary; 
 D. The export of the subsidized product to Japan through a third party and the 
circumvention exports to Japan through a thir d country will be prevented to the maximum 
extent; 
 E. On-the-spot investigations will be acce pted unconditionally at any time in order to 
verify the accuracy of the information, etc. provided; 
 F. A prior notice will be given to terminate the undertaking; and  G. Where an undertaking is offered to revise the price of the product to the price that it 
may be found that the injurious effect of the subsidy of the product on the domestic industry 
is eliminated, matters as illustrated below will be included:   
 (a) the price, which will eliminate the inju ry to the domestic industry, is offered; 
 (b) if the price of the product under investigation fluctuates, the price of the undertaking 
will be changed accordingly in a way that w ill eliminate the injury  to the domestic 
industry, and its calculation method is  offered in a verifiable manner; 
 (c) the price of the undertaking will be ma intained even where benefit for customers 
(discounts, etc.) will be given; and  
 (d) the information of the export transacti ons of the product under investigation to Japan 
will be submitted periodically;  and 
 G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 18 
  
   H. Where the undertaking is offered by the authorities of the supplying government to 
take measures which are deemed appropriate to eliminate the effect of the subsidy of the 
product on the domestic industry, specific cond itions of such measures are offered;   
 
(iii) A provision stating that:  if the authoriti es of the supplying country or the exporter who 
offered the undertaking concerned refuse to provide information relevant to the fulfillment of the 
undertaking concerned, to permit ve rification of pertinent data, or to provide other matters found 
necessary to fulfill the undertaking, such act shall be deemed as a vi olation of the undertaking;  and 
 
(iv) A provision stating that:  the Japanese government may determine at its own judgment whether or not the undertaking is violated.    (2) The following procedures shall apply to an undertaking: 
 
(i) Offer of an undertaking (as referred to in the first sentence of paragraph 9 of Article 7 of the 
Law (including mutatis mutandis  application thereof to the first sentence of paragraph 15, paragraphs 
21 and 25 of the said Article)) shall be made within 10 days after the notification of important facts;  
and (ii) The applicant as referred to in paragraph 1 of Article 4 of the Cabinet Order shall be given an 
opportunity to provide further explanation.   
 (3) Even where an undertaking, which includes all of the matters as provided for in paragraph (1) 
of Article 11 hereof, is offered, such offer ma y be refused in any of the following events: 
 
(i) When objective grounds exist to doubt the fulfillment of such an undertaking; 
(ii) When objective circumstances exist that would make it difficult to observe the situation of 
compliance with such an undertaking;  or  (iii) When it is otherwise considered that it is not appropriate to accept such an undertaking.   
 (4) Even when an undertaking is accepted, in principle, the investigation shall continue.  
 
(5) Where it is judged that the undertaking has been  broken, the following actions shall be taken: 
 (i) When an investigation is not yet complete , the provisional measures shall immediately be 
taken based on the best information available at the time, the investigation shall be completed 
promptly, and a countervailing duty as referred to in paragraph 1 of the Article 7 of the Law may be 
imposed;  and (ii) When an investigation has been completed, a countervailing duty as re ferred to in paragraph 1 
of Article 7 of the Law may be immediately imposed.    12. Notification of Important Facts
  
 
 (Cabinet Order:  Article 12.)  
In the notification of important facts, where found necessary, submission of evidence 
pursuant to paragraph 2 of Article 7 of the Cabine t Order may be requested upon setting forth the due 
date for the response, to the extent that it is  directly related to the important facts.   
  G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 19 
  
  THE GUIDELINES FOR PROCEDURES RELATING  
TO ANTI-DUMPING DUTY  
 
1. Status of this Guideline  
  The operation of the system relating to anti- dumping duties is governed by the provisions of 
the relevant domestic laws and regulations of Japan, the Genera l Agreement on Tariffs and Trade 
1994 and the Agreement of Implemen tation of Article VI of the Ge neral Agreement on Tariffs and 
Trade 1994.  The objective of enacting this Guidelin e is to complement the Agreements, laws and 
regulations above, and to contribute to facilitate th e operation of the system.  Further, flexible and 
responsive approaches in individual cases shall not  be precluded in applying this Guideline.  
Moreover, consideration shall be given to internationally establishe d interpretations of each of the 
above-mentioned Agreements for its application.   
 
2. Definitions  
  For the purpose of this Guideline, the terms "Law", "Cabinet Order" and "ADA" shall mean 
"Customs Tariff Law (Law No. 54 of 1910)", "C abinet Order Relating to Anti-Dumping Duty 
(Cabinet Order No. 416 of 1994)", and "Agreement of  Implementation of Artic le VI of the General 
Agreement on Tariffs and Trade 1994", respectively.   
 
3. Like Products  
 
 (Law:  Article 8, paragraph 1.  Cabinet Or der:  Article 2, para graph 1;  Article 4, 
paragraph 1.) 
 
 In the determination of the like products  of the dumped product as provided for in 
paragraph 1 of Article 8 of the Law regarding the inves tigation of a fact of material injury, etc. to the 
domestic industry, the products produced in Japan shall be the subject matter.  In the determination of 
the like products of the product concerned destined for consumption in the exporting country 
(including products as provided for in paragraph 1 of Ar ticle 2 of the Cabinet Order as equivalents) as 
provided for in paragraph 1 of Article 8 of the Law in connection with calculation of the normal value 
(as referred to in the same paragraph;  hereinafte r the same), the products produced in, or exported 
from, the supplying country shall be the subject matter.   
 
4. Domestic Industry  
 (1) Major Proportion 
  (Cabinet Order:  Article 4, paragraph 1.) 
 
 The term "major proportion" as provided for in paragraph 1 of Article 4 of the Cabinet Order 
shall be interpreted as approximately 50 per cent.   
 (2) Producers Excluded from Domestic Producers 
 
 (Cabinet Order:  Article 4, paragraphs 1 and 2.) 
 
 The output of the like products of the impor ted product concerned by producers who are not 
included in "domestic producers" referred to in para graph 1 of Article 4 of the Cabinet Order pursuant G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 20 
  
  to paragraph 2 thereof, shall be included into th e calculation of the total domestic production of the 
product concerned.    
(3) Relation to Control 
  (Cabinet Order:  Article 4, the proviso to paragraph 2.)   The term "control" as provided for in the provi so to paragraph 2 of Article 4 of the Cabinet 
Order shall apply to any of the following cases,  based on Japan's GAAP (Generally Accepted 
Accounting Principles).    (i) When a company holds in its own account more  than half of the voting rights in another 
company;   
(ii) When a company holds from 40 per cent to half of the voting rights, and meets any of the 
conditions in the followi ng subparagraphs:   
  A. Combination of the voting rights held by the company's own account and the voting 
rights held by those who are expected to ex ercise the voting rights in the same way as the 
company based on the close relationship thro ugh investment, personnel affairs, capital, 
technology, transactions, and so forth, and the vo ting rights held by those who have agreed to 
exercise their voting rights in the same way as the company exceeds the majority of voting 
rights of the other company;   
 B. Current or former executives or employ ees of the company who can influence on the 
decisions on financial and operating or business policies of the other company constitute the 
majority of the board of directors or equivalent governing body of the other company;   
 C. There are contracts or other agreements that control important financial and operating 
or business policies of the other company;   
  D. The company finances the majority of  the loans of the other company;  and 
 E. There are other facts that indicate the company can exercise control over the decision-
making body of the other company.   
 
(iii) When a combination of the voting rights he ld by the company's own account and the voting 
rights held by those who are expected to exerci se the voting rights in a same way as the company 
based on the close relationship through investme nt, personnel affairs,  capital, technology, 
transactions, and so forth, and the voting rights held by those who have agreed  to exercise their voting 
rights in the same way as the company exceeds the ma jority of voting rights of the other company, 
and meets any of the conditions of paragra ph (3)(ii) B to E of Article 4 hereof.   
 
(4) Exception of producers who have imported su ch products or who ha ve relations with 
importers or producers of such imported products 
 
 (Cabinet Order:  Article 4, the proviso to paragraph 2.) 
 
(i) The judgment as to whether producers "behave differently from other producers who have no relations (non-related producers)" as provided for in the proviso to paragraph 2 of Article 4 of the 
Cabinet Order shall be made on the basis of the following:   
 
 A. Actual conditions of transactions with  related parties regarding volume and uses of 
such products, etc.;   
 B. Stance on support of the request for the imposition of duty, etc. under paragraph 4, 21 
or 26 of Article 8 of the Law;  and  G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 21 
  
   C. Any other relevant matters which shows that direct or indirect control does not 
require to behave differently from other producers.   
 
(ii) The judgment as to whether a producer's "m ajor business concerning those products and the 
like products is domestic production of the like product s" as provided for in the proviso to paragraph 
2 of Article 4 of the Cabinet Order shall be made on the basis of the following:   
 
 A. Actual conditions of imports regard ing suppliers, volumes and purposes of such 
imported products, etc.;   
 B. Stance on support of the request for the imposition of duty, etc. under paragraph 4, 21 
or 26 of Article 8 of the Law;  and 
 C. Any other relevant matters which show  that major business concerning those products 
and the like products is domestic pr oduction of the like products.   
 
5. Request for the Imposition of Duty, etc.  
 
(1) Submission of Evidence, etc.   
 
 (Cabinet Order:  Article 4, the proviso to para graph 2;  Article 7, para graphs 1 to 7, and the 
second sentence of paragraph 9;  Artic le 10, paragraphs 1 and 2;  Artic le 10-2, paragraphs 1 and 2;  
Article 11, paragraph 2;  Ar ticle 12, paragraphs 1 and 3;  Article 12-2, paragrap hs 1 and 2;  Article 13, 
paragraphs 1 and 2;  Article 14, para graph 1;  Article 17, paragraph 2.) 
 
 The following items shall be submitted to or presented at the Tariff Policy and Legal Division 
of the Customs and Tariff Bureau, Ministry of Fina nce, and shall be addressed to the Minister of 
Finance.  The number of copies of the submission in wr iting shall be no less than 1 if the same is also 
submitted in an electronic medium at the time of the submission.  The number of copies of the 
submission in writing shall be no less than 4 if the same in an electronic medium is not submitted.   
 
- The evidence referred to in the proviso to para graph 2 of Article 4 of the Cabinet Order, 
- The document or evidence referred to in pa ragraphs 1 to 7 or the second sentence of 
paragraph 9 of Article 7 of the Cabinet Order, 
- The evidence, testimony or document referred to  in paragraph 1 or 2 of Article 10 of the 
Cabinet Order,  
- The evidence, testimony or document referred to  in paragraph 1 or 2 of Article 10-2 of 
the Cabinet Order,  
- The document referred to in paragraph 2 of Article 11 of the Cabinet Order, 
- The document referred to in paragraph 1 or  3 of Article 12 of the Cabinet Order, 
- The presentation of the view referred to in para graph 1 or 2 of Article 12-2 of the Cabinet 
Order, 
- The information referred to in paragraph 1 or  2 of Article 13 of the Cabinet Order,  
- The document referred to in paragraph 1 of  Article 14 of the Cabinet Order, or  
- The document referred to in paragraph 2 of Article 17 of the Cabinet Order. 
 
(2) Sufficient Evidence 
 
 (Law:  Article 8, paragraph 4.) 
 
 Sufficient evidence as provided for in paragra ph 4 of Article 8 of the Law shall be the 
evidence based on such information as is reasonably av ailable.  Simple assertion, unsubstantiated by 
relevant evidence, cannot be consider ed as such sufficient evidence.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 22 
  
  (3) The Degree of Support 
  (Cabinet Order:  Article 7, subparagraph 7 of  paragraph 1, subparagra ph 7 of paragraph 3 and 
subparagraph 7 of paragraph 4.) 
  It shall not be regarded as "found to be nec essary" referred to in paragraph 5, 22 or 27 of 
Article 8 of the Law, unless indicated as the degree of support by interested producers or interested 
labour unions provided for in subparagraph 7 of pa ragraph 1, subparagraph 7 of paragraph 3, or 
subparagraph 7 of paragraph 4 of Artic le 7 of the Cabinet Order that:   
 
- The collective domestic output of like pr oducts of the imported product concerned by 
interested producers, etc. (in the case of association of domestic producers of like 
products of the imported product concerned,  direct or indirect members of the 
association) in support of the request referred to  in the provisions of paragraph 4, 21 or 26 
of Article 8 of the Law, exceeds the total domestic output of the said product minus the 
collective domestic output of the said product by interested producers, etc. who express 
not to oppose the request concerned (including interested producers, etc. in support of the 
said request);  or 
- The collective number of the members of interested labour unions which support the said 
request and who are engaged in the domestic  production of the said product exceeds the 
total number of persons engaged in the sai d production minus the number of members of 
interested labour unions which express not to oppose the said request (including 
interested labour unions in support of the said request).   
 
(4) Producers Excluded from Domestic Producers, etc 
 
 (Cabinet Order:  Article 5, paragraphs 1 and 2.) 
 
 The output of like products of the imported product concerned by the following producers, or 
the number of the following members, shall be incl uded into the calculation of the total domestic 
production of the product concerned or the tota l number of persons enga ged in the domestic 
production of the said product:   
 
- Producers who shall, pursuant to paragraph 2 of Article 5 of the Cabinet Order, not be 
included in "domestic producers" referred to in subparagraph 1 of paragraph 1 of the said 
Article;  or 
- Members who shall, pursuant to paragraph 2 of  Article 5 of the Cabinet Order, not be 
included in "members" referred to in subparagr aph 2 of paragraph 1 of the said Article.   
 
(5) Sample of Items and Manners of Description in the Request for the Imposition of Duty, etc., 
Sample Form for Submission of Evidence, and Sa mple Manners of Summarization of Confidential 
Evidence, etc 
 
 (Cabinet Order:  Article 7, paragraphs 1 to 6;  Article 10, paragraphs 1 and 5.) 
 
(i) In making a request for the imposition of an ti-dumping duty, etc., the document setting forth 
the necessary information shall be submitted in accor dance with the sample of items and manners of 
descriptions in the request for the imposition of duty , etc. in Attachment 1.  The sample form for 
submission of evidence to be attached to the request  shall be Attachment 2.  The sample manners of 
summarization of confidential evidence, etc. shall be  Attachment 3;  provided that matters pertaining  G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 23 
  
  to the margin of dumping in the document to be submitted and the evidence to be attached thereto in 
connection with such matters shall follow Article 7 hereof.   
 
(ii) The sample form for submission of evidence as provided for in paragraph 1 of Article 10 of 
the Cabinet Order shall be Attachment 4.  Th e sample manners of summarization of confidential 
evidence, etc. shall be Attachment 3;  provided th at the evidence to be submitted in connection with 
matters pertaining to the margin of dump ing shall follow Article 7 hereof.   
 
(6) Offices for Consultation 
 
 (Law:  Article 8, paragraphs 4, 12, 21 and 26.) 
 
 The following offices are in charge of consu ltation in connection with the request for the 
imposition of anti-dumping duty, etc:   
 
• Tariff Policy and Legal Division of the Customs and Tariff Bureau, Ministry of Finance  
3-1-1 Kasumigaseki, Chiyoda-ku, Tokyo, 100-8940 Japan  
Telephone number:  +81-3-3581-4786  
Fax number:  +81-3-5251-2173  
Email address:  anti.dumping@mof.go.jp 
 
• Office for Trade Remedy Investigations of th e Trade Control Department of the Trade and 
Economic Cooperation Bureau, Ministry of Economy, Trade and Industry  
1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo, 100-8901 Japan  
Telephone number:  +81-3-3501-3462  
Fax number:  +81-3-3501-0992  
Email address:  qqfcbk@meti.go.jp 
 
6. Initiation of Investigation, etc  
 
(1) The Period of Time until the Decision on the Initiation of Investigation  
 
 (Law:  Article 8, paragr aphs 5, 13, 22, 27 and 31) 
 
 The decision on whether to initiate the investiga tion referred to in paragraphs 5, 13 or 22 of 
Article 8 of the Law (including the case wher e the provisions of paragraph 22 are applied mutatis 
mutandis to paragraph 31 of the same Article) or in para graph 27 of Article 8 (hereinafter referred to 
simply as "investigation", except for paragraphs (2 ), (5) and (6) of Article 6, Article 12 and 
paragraph (1)(i) of Article 14 hereof), shall be ma de within approximately two months from the date 
of the submission of the document referred to in paragr aphs 1 to 5 of Article 7 of the Cabinet Order.  
In case that the said document is submitted, certain corrections (including addi tional evidence) may be 
requested where necessary.  In case that certain corrections are requested, the decision on whether to 
initiate the investigation shall be made within a pproximately two months from the date of completion 
of all such corrections.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
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  (2) Examination for the Initiation of Investigation 
 
 (Law:  Article 8, paragraph 5.  Cabinet Orde r:  Article 7, subparagr aph 5 of paragraph 1.) 
 
(i) 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 foll owing issues, among other issues, shall be examined 
with respect to the evidence, etc.  attached the said request in maki ng 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 pr ice sold for export as referred to in the 
provision of paragraph 1 of Article 8 of the La w;  hereinafter the same) is indicated in 
a verifiable manner;  and  
(c) The export price is less than the norma l value in accordance with the comparison of 
these prices as shown in paragraphs (2)(i)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 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 dumped product, such increase is indicated for each 
supplying country;   
(b) It is indicated that importation of th e dumped product depresses prices of a like 
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 dum ped product on domestic industry (including 
decline in sales, profits, output, market shar e, productivity, return on investments or 
utilization of capacity, or negative effects on cash flow, inventories, employment, 
wages, growth, ability to raise capital or investments) is indicated;  and 
(d) A causal relationship between importation of  the dumped product and material injury, 
etc. to the domestic industry may be confirmed.   
 
(ii) In principle, the scope of the examination un der paragraph (2)(i) of Ar ticle 6 hereof shall be 
limited to matters 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 whethe r to initiate the investigation shall be based on 
the corrected document.   
 
(3) Council on Customs, Tariff, Fore ign Exchange and Other Transactions 
 
 (Cabinet Order:  Article 8, paragra ph 1;  Article 16, paragraphs 2 and 3.) 
 
 The Minister of Finance shall, when a decisi on to initiate an investigation has been made, 
notify the members of the Special Duty Group of the Customs Tariff Subcouncil of the Council on 
Customs, Tariff, Foreign Exchange and Other Tran sactions and explain to the Special Duty Group, 
whenever appropriate, the reasons fo r initiating the investigation.   
  G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 25 
  
   The Minister of Finance shall, in cases wh ere he/she notifies and gives a public notice 
pursuant to paragraph 2 or 3 of Article 16 of the Cabinet Order, report to the Special Duty Group of 
the Customs Tariff Subcouncil of the Council on Cu stoms, Tariff, Foreign Exchange and Other 
Transactions on the content thereof.   
 
(4) Investigating Team 
 
 (Cabinet Order:  Article 18.) 
 
 The Minister of Finance shall, when a decisi on to initiate the investigation has been made, 
after consulting with any Minister who has jurisdic tion over the industry in Japan as referred to in 
paragraph 1 of Article 8 of the Law and the Minist er of Economy, Trade and Industry, establish an 
investigating team composed of relevant officials of the Ministry of Finance, the said Ministry having 
jurisdiction over the industry in Japan, and the Ministry of Economy, Trade and Industry.   
 
(5) Standard Period of Investigation 
 
 (Law:  Article 8, paragraph 5.  Cabinet Order:   Article 8, subparagra ph 7 of paragraph 1;  
Article 10, paragraph 1;  Article  10-2, paragraph 1;  Article 12,  paragraph 1;  Article 12-2, 
paragraph 1;  Article 13, paragra ph 1;  Article 13-2;  Article 15;  Article 16, paragraphs 1 and 2.) 
 
(i) In the initiation of an investigation as provided for in paragraph 5 of Article 8 of the Law, in 
principle, the due date for submission of the eviden ce, etc. to be indicated in a public notice pursuant 
to subparagraph 7 of paragraph 1 of  Article 8 of the Cabinet Order shall be established in or around 
the following period:   
 
 A. Due date for submission of evidence a nd testimony pursuant to the first sentence of 
paragraph 1 of Article 10 and the first sentence of paragraph 1 of Article 10-2 of the Cabinet 
Order:  three months after initia tion of an investigation;  and 
 B. Due date for application for the meeting with parties with adverse interests pursuant 
to paragraph 1 of Article 12 of the Cabinet Order, presentation of the view pursuant to 
paragraph 1 of Article 12-2 of the Cabinet Or der and provision of information pursuant to 
paragraph 1 of Article 13 of the Cabinet Orde r:  four months after initiation of an 
investigation.   
 
(ii) In principle, the procedures regarding the investigation as provided for in paragraph 5 of 
Article 8 of the Law shall be conducte d in or around the following period: 
 
 A. Meeting with parties with adverse interests:  five months after initiation of an 
investigation;   
 B. On-the-spot investigation:  six months  after initiation of an investigation;   
 C. Preliminary determination:  eight m onths after initiation of an investigation; 
 D. Notification of important facts (which shall mean notification pursuant to the 
provision of Article 15 of the Cabinet Order;  hereinafter the same):  ten months after 
initiation of an investigation;  and 
 E. Final determination:  one year af ter initiation of an investigation.   
 
(iii) After the initiation of an investigation as provi ded for in paragraph 5 of Article 8 of the Law, 
if it is found appropriate to modi fy the matters indicated in a public notice pursuant to the provision of 
paragraph 1 of Article 8 of the Cabinet Order, su ch as suppliers of the product under investigation, 
etc., such finding shall, in principle, be handled by amending the said notice.  In such case, the right G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 26 
  
  equivalent to the right of submission of evidence, etc. (which shall mean the right of submission by 
the respective due dates indicated in a public noti ce pursuant to subparagra ph 7 of paragraph 1 of 
Article 8 of the Cabinet Order) given to the inter ested parties (as referred to in paragraph 1 of 
Article 10 of the Cabinet Order;  hereinafter the same ) and the industrial users, etc. (which shall mean 
industrial users of or representative consumer or ganizations for the product under investigation as 
referred to in paragraph 1 of Article 13 of the Ca binet Order; hereinafter the same) at the time of 
initiation of the investigation shall be given to the in terested parties and the industrial users, etc., who 
are relevant to the amended matters.   
 (iv) The Minister of Finance shall notify the tim e schedule up to the final determination in making 
the notification of important facts.   
 
(6) Period of Investigation 
 
 (Law:  Article 8, paragraph 5;  Cabinet Orde r:  Article 8, subparagr aph 5 of paragraph 1.) 
 
 In the initiation of an investigation as referred to  in paragraph 5 of Article 8 of the Law, the 
period of investigation to be indicated in a public notice pursuant to subparagr aph 5 of paragraph 1 of 
Article 8 of the Cabinet Order shall be, in principle, as follows:   
 
(i) Fact of importation of the dumped product:  one year;   (ii) Fact of material injury, etc. to the domestic industry caused by such importation:  three years;  
and (iii) The period under paragraph (6)(i) of Article  6 hereof shall be within the period under 
paragraph (6)(ii) of the said Article hereof.   
 
(7) Termination of Investigation 
 
 (Cabinet Order:  Article 16, paragraph 3.) 
 
 A decision on termination of the investigation as provided for in paragraph 3 of Article 16 of 
the Cabinet Order shall be made in any of the fo llowing cases.  Due care pursuant to Article 7 hereof 
shall be given to calculation pursuant to pa ragraph (7)(i) of Article 6 hereof:   
 
(i) when the margin of dumping is found to be le ss than 2 per cent of the export price of the 
product under investigation in the course of the investigation as provided for in paragraph 5 of 
Article 8 of the Law;   (ii) when the volume of importation of the dumpe d product from a particular supplying country is 
found to account for less than 3 per cent of the total volume of the importation of the product under investigation (unless supplying countries which indi vidually account for less than 3 per cent of the 
total volume of importation of the dumped product under investigation collectively account for more 
than 7 per cent of the total volume of the impor tation of the product under investigation);   
(iii) when continuation of the investigation is  found unnecessary due to the withdrawal of the 
request for the imposition of the duty, etc. upon initia tion of the investigation based on request for the 
imposition of duty, etc. pursuant to  paragraph 4, 12, 21 or 26 of Artic le 8 of the Law or paragraph 21 
thereof which applies mutatis mutandis  to paragraph 31 thereof;  or  
(iv) when it is found that there is not sufficient evidence to justify continuation of the 
investigation process, or otherwise termination of the investigation is found appropriate.    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 27 
  
  7. Calculation of the Margin of Dumping  
 
(1) Principles of Calculation 
 
 (Law:  Article 8, paragraph 1.) 
 
 In principle, the margin of dumping shall be calculated as follows:  
 
(i) Comparison shall be made between a wei ghted-average normal value of individual 
transactions with a weighted-average export pr ice of all comparable export transactions;   
(ii) The local currency shall be used as the currency for the calculation;   
(iii) Sales, which were made during the period of i nvestigation, shall be covered.  The date of sale 
shall normally be the date on which the material term s of sale are established;  provided that the date 
of sale shall be determined on an individual case basis;   
(iv) Comparison between the normal value and the export price shall be made at the ex-factory 
level;  and (v) Transactions, which are found not to be in th e ordinary course of trade, shall be excluded 
from the examination of the price comparison.  For example, the following transactions may be 
considered as not being in the ordinary course of trade:   
 
 A. transactions in a small amount or of a small volume; 
 B. sampling imports for testing;  or 
 C. transactions of samples without charge.   
 
(2) Transactions between Affiliated Companies 
 
(Law:  Article 8, paragraphs 1 and 36;  Cabinet Order:  Article 2;  Article 3;  Cabinet Order 
for Enforcement of the Customs Tariff Law:  Article 1-8.)   In determining whether transactions should be treated as transactions between affiliated 
companies, the following shall be considered, referring to Article 1-8 of Cabinet Order for 
Enforcement of the Customs Tariff Law (Scope of relationship):    (i) when one company holds 5 per cent or more of the voting stock or shares of the other 
company;   
(ii) when 5 per cent or more of the voting stock or shares of both companies are held respectively 
by the same third party;  or (iii) when it is otherwise found that there is an affiliation between companies of the transaction.   
 
(3) Export Price 
 
 (Law:  Article 8, paragraphs 1 a nd 36.  Cabinet Order:  Article 3) 
 
 In calculating the export price, transactions between affiliated companies as provided for in 
paragraph (2) of Article 7 hereof  may be deemed as imports by the importer associated with the 
importer as provided for in paragraph 36 of Article 8 of the Law.  In such case, calculation shall be 
made pursuant to the same paragraph and Article 3 of the Cabinet Order.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 28 
  
  (4) Normal Value 
 
 (Law:  Article 8, paragraph 1;   Cabinet Order:  Article 2) 
 
(i) In calculating the normal value, in principle,  a transaction between affiliated companies shall 
be excluded.  Provided that, in case of calculati ng the normal value based on the price of the like 
products of the product in the ordinary course of trade destined for consumption in the exporting 
country as provided for in paragraph 1 of Article 8 of the Law (including cases as provided for in 
paragraph 1 of Article 2 of the Cabinet Order as e quivalents) with respect to the product in the 
transaction between affiliated companies, such transaction may be included in calculation of the 
normal value if the price of such transaction is not less than 98 per cent but not more than 102 per cent 
of the normal value of transactions calculated upon excluding transactions between affiliated 
companies.   
 
(ii) In calculating the normal value, when using th e price other than (a) the price as referred to in 
subparagraph 3 of Article 2 of the Cabinet Order, or (b) the price of  the costs of production of the like 
product of the product concerned in the compar able country in the most similar economic 
development stage to the country of origin of the dumped product, plus normal profit and 
administrative, selling and general costs of the said like product as referred to in  subparagraph 4 of the 
same Article, sales at prices below per unit (fi xed and variable) costs of production plus 
administrative, selling and general costs (sales below costs) may be excluded.   
 
(5) Calculation of the Rate of the Anti-Dumping Duty 
 
(Law:  Article 8, paragraph 1.) 
 
 In case of the imposition of an anti-dumping duty on an ad valorem  basis, the rate of the anti-
dumping duty shall be calculated by dividing th e margin of dumping of the product under 
investigation by the CIF price (transaction price incl uding freight and insurance costs to Japan) of the 
said product imported during the period of investigation.   
 
(6) A fact that the market economy conditions regarding production and sale of a specified product prevail 
 
 (Cabinet Order:  Article 2, paragraph 3;  Article 10-2, paragraphs 1 to 4). 
 
(i) The phrase "a fact that the market economy conditions regarding pr oduction and sale of a 
specified product prevail", which producers of th e specified product of Chinese origin (excluding 
those of Hong Kong and Macao;  hereinafter the same) or of Vietnamese origin shall clearly show as 
provided for in paragraph 3 of Article 2 of the Cabine t Order, contains those facts described below:   
 
 A. a fact that decisions by producers regarding prices, costs, production, sales and 
investment are made based on market economy principles, and without significant government interference in this regard (t he term "government", herein and in 
paragraph (6)(i)D of Article 7 hereof, mean s the central government, local governments or 
other public organizations of the country of  origin of the imported product concerned); 
 B. a fact that costs of major inputs (such as raw materials) reflect market prices; 
 C. a fact that wage rates are determined by free negotiations between labour and 
management;   
 D. a fact that means of production are not owned nor controlled by government;  and  G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 29 
  
   E. other facts as the Minister of Finance c onsiders it appropriate for the interpretation of 
the phrase "a fact that the market economy conditions regarding pr oduction and sale of a 
specified product prevail", and notified to the pr oducers on initiation of an investigation.   
 
(ii) It shall be noted that paragraph 3 of Article  2 and Article 10-2 of the Cabinet Order shall be 
effective until 10 December 2016 with regard to specif ied products of Chinese origin, pursuant to the 
conditions provided for in Section 15(d) of Prot ocol on the Accession of the People's Republic of 
China, and until 31 December 2018 with regard to sp ecified products of Vietnamese origin, pursuant 
to the conditions provided for in Article 2 of Pr otocol on the Accession of the Socialist Republic of 
Viet Nam, and paragraphs 255(d) and 527 of the Report of the Working Party on the Accession of 
Viet Nam. 
 
(7) Difference in Conditions Affecting Price Comparison 
  (Cabinet Order:  Article 2, Paragraph 4.) 
  "The difference in any other conditions affe cting price comparability" as provided for in 
paragraph 4 of Article 2 of the Cabinet Order means,  for example, the difference in quality of product 
which may affect the market price in the supplying country, the difference in sales conditions such as 
payment terms, quality guarantee, and after-sal e-service, and the difference in taxation.   
 
8. Request for Submission of Evidence, etc.  
 
 (Cabinet Order:  Article 8, subparagraph 7 of paragraph 1;  Artic le 10, paragraph 2, 
Article 10-2, paragraph 2;  Article 12-2, paragraph 2;  Article 13, paragraph 2.) 
 
(1) When the Minister of Finance sends questionnair es to the interested parties or industrial users, 
etc. to request the submission of evidence as referred to in paragraph 2 of Artic le 10, or paragraph 2 of 
Article 10-2 of the Cabinet Order, to request for the presentation of the view as referred to in 
paragraph 2 of Article 12-2 of the Ca binet Order, or to request the provision of information as referred 
to in paragraph 2 of Article 13 of the Cabinet Or der (hereinafter referred to as "submission of 
evidence, etc."), the Minister of Finance shall explicitly indicate in the questionnaire in each 
investigation case, the due date for the response to the questionnaire.  The standard form of a 
questionnaire shall be Attachment 5 and shall be u sed after modifying as appropriate according to the 
characteristic of each issue.   
 
(2) When requesting the submission of evidence, etc., voluntary submission in an electronic 
medium together with submission in writing shall be requested.   
 
(3) While evidence must be submitted by the due da te for the submission of evidence indicated in 
a public notice pursuant to subparagraph 7 of para graph 1 of Article 8 of the Cabinet Order upon 
initiation of the investigation, submission of eviden ce may also be permitted in any of the following 
events:   
 
(i) when questionnaires are issued; (ii) when submission of evidence upon the preliminary determination is requested; 
(iii) when submission of evidence upon the notif ication of important facts is requested; 
(iv) when submission of evidence at the on-the-spot investigation is requested;  or (v) when otherwise submission of evidence for any inevitable reason is requested.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 30 
  
  9. On-the-spot investigation   
 
 (ADA:  Article 6, paragraph 7;  Annex I.) 
 
(1) When necessary to verify information provide d or to obtain further details, the investigating 
team may conduct on-the-spot investigation of th e suppliers in the exporting country (as in 
paragraph 7 of Article 6 of ADA), in the following manner:    
(i) Before investigation 
  A. Schedule arrangement    (a) Confirm the agreement of the party subject to the on-the-spot investigation 
(hereinafter referred to as "the party concerned") over the investigation. 
  (b) Arrange the date of the investig ation, upon the agreement with the party 
concerned.   
  (c) Notify representatives of the govern ment of exporting countries and confirm 
that they do not object to the investigation.   
 
 B. Notify the party concerned prior to the investigation 
  When the date is agreed, send a notification a nd other detail documents of the investigation to 
the party concerned.  In such a case, send a deta iled agenda of the investigation along with these 
documents to the supplier in the exporting country in a reasonable period of time prior to the visit 
considering the necessary preparation time.   
 (ii) After the investigation   A. Make a verification report  B. When making the notification of important  facts before the final determination, send 
the verification report to the parties concerned. 
 C. Regardless of paragraph (1)(ii)B of Article  9 hereof, disclose the verification report to 
the interested party prior to the notification of important facts, if requested to do so. 
 (2) The following actions shall be taken upon request for submission of evidence at the on-the-
spot investigation pursuant to paragr aph (3)(iv) of Article 8 hereof:   
 (i) Evidence shall be submitted in writing;  presen tation of the evidence shall not be deemed as 
submission thereof;   (ii) Voluntary submission in an electronic medium  together with submission in writing shall be 
requested;   
(iii) With respect to evidence which cannot be submitted on the day of the on-the-spot 
investigation, it shall be deemed that no respons e was submitted.  In principle, replacement of 
evidence, which was submitted at the on-the-spot  investigation, shall not be permitted;   
(iv) In principle, submission of new evidence irrele vant to the facts, which were revealed before 
the on-the-spot investigation, shall not be permitted;   
(v) Submission of a list of the evidence submitted during the on-the-spot investigation by the end 
of the on-the-spot investigation shall be requested to  the party concerned.  W ith respect to evidence, 
which had been requested to be submitted during the on-the-spot investigation, it shall be confirmed 
that the requested evidence was properly s ubmitted by referring to the list thereof;    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 31 
  
  (vi) In order to improve the accuracy of the inves tigation, in principle, questions and answers shall 
be recorded;   (vii) In principle, the on-the-spot investigation shall be conducted in Japanese; interpreters may be 
used depending on the case;    
(viii) When evidence was not submitted or when  the party concerned has not sufficiently 
cooperated, the on-the-spot inves tigation may be terminated;  or 
(ix) When the on-the-spot investigation was termin ated pursuant to paragr aph (2)(viii) of Article 9 
hereof, facts that were available (hereinafter "facts available") shall be applied in accordance with the 
procedures under paragraph (2) of Article 10 hereof.   
 (3) The provision of paragraphs (1) a nd (2) of Article 9 hereof shall apply mutatis mutandis  to 
on-the-spot investigations of the domestic producers and importers.   
 
10. Facts Available   
 
 (Cabinet Order:  Article 10, paragraph 4.  ADA:  Article 6, paragraph 8;  Annex II.) 
 (1) Application of facts available shall mean th e procedures as provided for in paragraph 4 of 
Article 10 of the Cabinet Order, and may be used in, for examples, any of the following events:   
 
(i) A response was not made by the original due  date for the response to a request for the 
submission of evidence pursuant to Article 8 hereof;    (ii) A response was made only partially to a re quest for the submission of evidence pursuant to 
Article 8 hereof, and necessary evidence was not submitted;   
(iii) The accuracy of the submitted evidence cannot be clarified;  or 
(iv) It was found that the submission of evidence has been significantly delayed without any good reason or the investigation was otherwise impeded.    (2) Regarding the use of the facts available, the following procedures apply.  The lack of 
cooperation by an interested party with the investiga tion could lead to a result which is less favourable 
to the party concerned.   
  In sending a questionnaire, the questionnaire sha ll set forth that facts available may be applied 
if the due date for the response to the questionnair e is missed.  In sending documents explaining the 
on-the-spot investigation, the documents shall set forth that facts available may be applied if the 
evidence to be requested at the on- the-spot investigation is not submitted by the end of the on-the-spot 
investigation.    (i) When the due date for the response to the ques tionnaire has been missed, it shall, in principle, 
be deemed that the response has not been submitted.   (ii) Upon request for the submission of evidence at  the on-the-spot investigation to verify the 
accuracy of the evidence submitted pr ior to the on-the-spot investigation, the evidence, which had 
been requested but not submitted by the end of the on -the-spot investigation, shall be deemed that no 
response was made.   (iii) In making the preliminary determination, th e reason for use of facts available as well as the 
evidence used and the process involved shall be se t forth in the document notifying the preliminary 
determination.   
(iv) In making the notification of important facts, the reason for use of facts available as well as the evidence used and the process involved shall be set forth in the document notifying the important 
facts.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 32 
  
  (v) In making the final determination, the reason fo r use of facts available as well as the evidence 
used and the process involved shall be set forth in the document notifying the final determination.   (vi) Even where there is no evidence directly obtained from the interested party, in using 
secondary information as evidence to apply facts available, the secondary information shall be 
sufficiently examined.    11. Sampling for investigation
 
 
 (ADA:  Article 6, paragraph 10;  Article  6, paragraph 10, subparagraphs 1 and 2.) 
 (1) In any of the following cases, when the volum e of the exports from the relevant countries 
exceeds that which can reasonably be investigated  in the examination, a sampling method may be 
used in the investigation (hereinafter referred to  simply as "sampling") pursuant to paragraph 10 of 
Article 6 of ADA:   
 (i) In principle, when the number of known s uppliers in the exporting country exceeds 20;  or 
(ii) When the number of types of the product under investigation is so large as to make individual 
determinations impracticable.    
(2) When conducting the sampling, the following procedures shall be followed:   
 (i) Send a questionnaire to all the known supplie rs in the exporting country, and request for 
responses on the willingness to cooperate with the inv estigation and the summary of transactions, etc. 
(the volumes of exports of the product concerned to Japan and third-countries, sales in the domestic 
market and volume of production of the product concer ned in the exporting country during the period 
of investigation); (ii) In a case under paragraph (1) of Article 11 hereof, select representative suppliers from the 
suppliers which have expr essed cooperation to the investigation for sampling;  
(iii) Notify the selected suppliers th at the supplier will be sampled;  
(iv) Notify the unselected suppliers among t hose who expressed their cooperation to the 
investigation that the supplier was not selected for sampling and that the facts will be found from the 
data of the selected suppliers, and that the supplier sh all, in principle, be included in the sampling if 
the supplier expresses its wish to be selected for sam pling and have already submitted the summary of 
transactions, etc.;  and (v) Pursuant to the procedures under paragraph (2) of Article 10 hereof, the facts available shall 
apply to suppliers who did not express willingness to cooperate with the investigation or who did not 
respond to the questionnaire pursuant to pa ragraph (2)(i) of Article 11 hereof.   
 (3) When conducting sampling, the following points will be considered:    (i) The selection shall be made, in principle, in the order of producers, which have the largest 
volume of exports to Japan, to cover approximate ly 50 per cent of the total exports from that 
exporting country;  provided that this provision does not apply to the case where it is found that suppliers which have expressed c ooperation to the investigation cannot satisfy said condition;   
(ii) In the case that there is mo re than one supplying country of the product under investigation, 
selections of producers will be made for each of such countries;  and 
(iii) In the case that there is more than one type  of the product under investigation, it shall be 
secured that types of the product, which selected supp liers export, include all types of products, to the 
extent possible.    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 33 
  
  12. Preliminary Determination
  
 (1) Notification of the Preliminary Determination, etc. 
 
 (Cabinet Order:  Article 10, paragraph 2;  Article 10-2, paragraph 2;  Article 12-2, 
paragraph 2;  Article 13-2.)   The following actions shall be taken in making the notification, etc. of a preliminary 
determination: 
 (i) In the notification and the public notice of  a preliminary determination, where found 
necessary, submission of evidence pursuant to paragr aph 2 of Article 10 or paragraph 2 of Article 10-
2 of the Cabinet Order may be requested with setting forth the due date for the response, to the extent 
that it is directly related to the preliminary determination;   
 (ii) In the public notice of a preliminary dete rmination, where found necessary, presentation of 
the view pursuant to paragraph 2 of Article 12-2 of  the Cabinet Order may be requested with setting 
forth the due date for the response, to the extent  that it is directly related to the preliminary 
determination.  As is the case of views presented by interested parties, views presented by the 
industrial users, etc., shall be one of the factors in determining the necessity of protecting the domestic 
industry while it is the discretion of the authoriti es, not an independent requirement, to impose the 
antidumping duty on how their views should be re flected in the final determination;  and 
 (iii) At the time of a preliminary determination, in principle, an interim report on the facts found, 
which formed the basis for the determination, shall be prepared and be made  public on the website.   
 (2) Actions after the Preliminary Determination   (Law:  Article 8, paragraphs 8 and 9.)  
 The following actions shall be taken af ter the preliminary determination:   
 (i) When it can be presumed that importation of the dumped product has occurred resulting in material injury, etc. to the domestic industry caused by such importation in the preliminary 
determination, and if it is found necessary to prot ect such domestic industry, measures under the 
provision of paragraph 9 of Article 8 of the Law (hereinafter referred to as "provisional measures") 
may be applied or an undertaking referred to in th e first sentence of paragraph 8 of the same Article 
may be accepted;    (ii) If it cannot be presumed that importati on of the dumped product has occurred in the 
preliminary determination, but it can be presumed that  such importation caused material injury, etc. to 
the domestic industry, further continuation of  investigation shall be considered;  and 
 (iii) When material injury, etc. to the domes tic industry caused by the importation of the dumped 
product cannot be presumed in the preliminary determin ation, termination of th e investigation shall be 
considered.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 34 
  
  13. Exporters of Products to whic h Provisional Measure is applied
  
  (Cabinet Order:  Article 17, subparagraph 2 of paragraph 1.) 
 
 The term "substantial ratio" referred to in s ubparagraph 2 of paragraph 1 of Article 17 of the 
Cabinet Order shall be approximately 50 per cent.    14. Undertaking
  
 
 (Law:  Article 8, first sentences of paragr aphs 8 and 14, paragraphs 24, 28 and 31.) 
 (1) Requirements for the Acceptance of an Undertaking  
 An undertaking (as referred to in the first sen tence of paragraph 8 of Article 8 of the Law 
(including mutatis mutandis application of said provisions to th e first sentence of paragraph 14, 
paragraphs 24 and 28 of the said Article, and further mutatis mutandis application of paragraph 24 to 
paragraph 31 of the said Article), and the same ap plies to paragraphs (1) and (3) through (5) of 
Article 14 hereof) may be accepted only if an offer in cluding all of the following matters is made:   
 
(i) A provision stating that:  the effective peri od of the undertaking concerned expires, within 
five years from the date of accepting the undertaking, on the day as fixed in the said undertaking however, in cases where such a date, within five y ears from the date of accepting the undertaking, as 
fixed by the undertaking, is preceded by the date on which the undertaking lapses in accordance with 
paragraph 3 of Article 14 of the Ca binet Order or the date on which the undertaking is withdrawn or 
the date on which the undertaking is violated, the date on which the investigation is concluded in 
cases where changes in circum stances, as referred to in subparagr aphs of paragraph 20 of Article 8 of 
the Law, are found as a result of the investigation re ferred to in paragraph 22 of the said Article which 
apples mutatis mutandis  to paragraph 31 of the said Article (except for the cases where an undertaking 
is newly accepted in accordance with the provision of  paragraph 24 of the said Article which applies 
mutatis mutandis  to paragraph 31 of the said Article), or  any other date on which the undertaking 
loses effect, the undertaking concerned loses effe ct on the date whichever is the earliest;  
 (ii) A provision relating to:  the provision of information relevant to the fulfilment of the undertaking concerned, the permission of verifica tion of pertinent data and other matters found 
necessary.  Such provision shall incl ude at least the following matters:   
 
 A. Information relating to home market sa les of the product under investigation in the 
exporting country and export transactions to the third countries will be submitted 
periodically;   
 B. Information relating to production of  the product under investigation will be 
submitted periodically;   
 C. Other information which is considered to be necessary to confirm the fulfillment of 
the undertaking will be submitted when necessary;   
 D. The export of the dumped product to Japan through a third party and circumvention 
exports to Japan through a third country w ill be prevented to the maximum extent;   
 E. On-the-spot investigations will be acce pted unconditionally at any time in order to 
verify the accuracy of the information, etc. provided;   
 F. A prior notice will be given to terminate the undertaking;  and  G. Where an undertaking is offered to revise the price of the product to the price that it 
may be found that the injurious effect of the dumping of the product on the domestic industry is eliminated, matters as illustrated below will be included:    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 35 
  
    (a) the price, which will eliminate the inju ry to the domestic industry, is offered;   
  (b) if the price of the product under investigation fluctuates, the price of the 
undertaking will be changed accordingly in a wa y that will eliminate the injury to the 
domestic industry, and its calculation method is offered in a verifiable manner;   
  (c) the price of the undertaking will be maintained even where benefit for 
customers (discounts, etc.) will be given;  and  
 (d) the information of the export tran sactions of the product under investigation 
to Japan will be submitted periodically;   
 
(iii) A provision stating that:  if the exporter  who offered the undertak ing concerned refuses to 
provide information relevant to the fulfilment of the undertaking concerned, to permit verification of 
pertinent data, or to provide other matters found n ecessary to fulfill the undertaking, such act shall be 
deemed as a violation of the undertaking;  and 
 
(iv) A provision stating that:  the Japanese government may determine at its own judgment whether or not the undertaking is violated.    (2) The following procedures shall apply to an undertaking:    
(i) Offer of an undertaking (as referred to in the first sentence of paragraph 8 of Article 8 of the 
Law (including mutatis mutandis  application thereof to the first sentence of paragraph 14, paragraphs 
24 and 28 of the said Article)) shall be made within 10 days after the notification of important facts;  
and  
(ii) The applicant as referred to in paragraph 1 of Article 7 of the Cabinet Order shall be given an 
opportunity to provide further explanation.    (3) Even where an undertaking, which includes all of the matters as provided for in paragraph (1) 
of Article 14 hereof, is offered, such offer may be refused in any of the following events:   
 
(i) When objective grounds exist to doubt th e fulfillment of such an undertaking;   
(ii) When objective circumstances exist that would make it difficult to observe the situation of 
compliance with such an undertaking;  or  (iii) When it is otherwise considered that it is not appropriate to accept such an undertaking.   
 
(4) Even when an undertaking is accepted, in pr inciple, the investigation shall continue.   
 (5) Where it is judged that the undertaking has been broken, the following actions shall be taken:   
 (i) When an investigation is not yet complete , the provisional measures shall immediately be 
taken based on the best information available at the time, the investigation shall be completed 
promptly, and an anti-dumping duty as referred to in  paragraph 1 of Article 8 of the Law may be 
imposed;  or  (ii) When an investigation has been comp leted, an anti-dumping duty as referred to in 
paragraph 1 of Article 8 of the Law may be immediately imposed.   
 
15. Notification of Important Facts
 
  (Cabinet Order:  Article 15.)  G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 36 
  
   In the notification of important facts, where found necessary, submission of evidence 
pursuant to paragraph 2 of Article 10 or paragra ph 2 of Article 10-2 of the Cabinet Order may be 
requested with setting forth the due date for the response,  to the extent that it is directly related to the 
important facts.   
 16. Exception on a new supplier who has relations with other suppliers
 
  (Cabinet Order:  Article 6.) 
 
 The term "control", as provided for in Article 6 of the Cabinet Order shall apply in any of the 
following cases, based on Japan's GAAP (Genera lly Accepted Accounting Principles):   
 (i) When a company holds in its own account more  than half of the voting rights in another 
company;   
 (ii) When a company holds from 40 per cent to half of the voting rights, and meets any of the conditions in the follo wing subparagraphs: 
  A. Combination of the voting rights held by the company's own account and the voting 
rights held by those who are expected to ex ercise the voting rights in the same way as 
the company based on the close relationship through investment, personnel affairs, capital, technology, transactions, and so forth,  and the voting rights held by those who 
have agreed to exercise their voting righ ts in the same way as the company exceeds 
the majority of voting rights of the other company;   
 B. Current or former executives or employ ees of the company who can influence on the 
decisions on financial and operating or business policies of the other company 
constitute the majority of the board of dir ectors or equivalent governing body of the 
other company;   
 C. There are contracts or other agreements that control important financial and operating 
or business policies of the other company;   
 D. The company finances the majority of  the loans of the other company;  and 
 E. There are other facts that indicate the company can exercise control over the decision-
making body of the other company;  or 
 (iii) When a combination of the voting rights he ld by the company's own account and the voting 
rights held by those who are expected to exerci se the voting rights in a same way as the company 
based on the close relationship through investme nt, personnel affairs,  capital, technology, 
transactions, and so forth, and the voting rights held by those who have agreed  to exercise their voting 
rights in the same way as the company exceeds the ma jority of voting rights of the other company, 
and meets any of the conditions of paragr aph (ii) B to E of Article 16 hereof.    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 37 
  
  THE GUIDELINES FOR PROCEDURES RELATING  
TO EMERGENCY DUTY, ETC.  
 
1. Status of this Guideline  
 
 The operation of the system relating to emerge ncy duties, etc. is governed by the provisions 
of the relevant domestic laws and regulations  of Japan, the General Agreement on Tariffs and 
Trade 1994 and the Agreement on Safeguards.  The objective of enacting this Guideline is to 
complement the Agreements, laws and regulations above, and to secure the uniform and integrated 
operation of the system relating to emergency duties,  etc. and the system relating to emergency import 
quota taken against importation of the product pursuant to  the provision of paragraph 1 of Article 3 of 
the Import Trade Control Order, and to contribute to facilitate the operation of these systems.  Further, 
flexible and responsive approaches in individual  cases shall not be precluded in applying this 
Guideline.  Moreover, consideration shall be give n to internationally established interpretations of 
each of the above-mentioned Agreements for its application.   
 
2.  Definitions  
 
 For the purpose of this Guideline, the terms "Law", "Cabinet Order Relating to Emergency 
Duty, etc.", "Import Trade Control Order" and "Regulations of Emergency Measures" shall mean 
"Customs Tariff Law (Law No. 54 of 1910)", "Cab inet Order Relating to Emergency Duty, etc. 
(Cabinet Order No. 417 of 1994)", "Import Trade Control Order (Cabinet Order No. 414 of 1949) " 
and "Regulations to Govern Emergency Measures to be taken in Response to an Increase in the 
Importation of Goods (Notificati on No. 715 of 1994 of the Ministry of International Trade and 
Industry)", respectively.   
 
3. Uniform and Integrated Operation of Emer gency Duties, etc. and Emergency Import Quota 
Pursuant to Paragraph 1 of Article 3 of the Import Trade Control Order  
 
(1) Initiation and Conclusion of Investigation 
 
 (Law:  Article 9, paragraphs 6 and 11. Regul ations of Emergency Measures:  Article 8;  
Article 19, paragraph 3.) 
 
 An investigation under paragraph 6 of Ar ticle 9 of the Law (including the case under 
paragraph 11 of the same Article thereo f, to which the paragraph 6 applies mutatis mutandis ) shall be 
initiated and concluded in a uniform and integrated manner with the investigation under Article 8 of 
the Regulations of Emergency Measures (including the case under paragraph 3 of Article 19 thereof, 
to which Article 8 thereof applies mutatis mutandis ).  Results of these investigations shall also be 
handled in a uniform and integrated manner.   
 
(2) Conduct of Investigation 
 
 (Law: Article 9, paragraphs 6 and 11. Regula tions of Emergency Measures:  Article 8;  
Article 19, paragraph 3.) 
 
 When a procedure under provisions of the Cabine t Order Relating to Emergency Duty, etc. is 
conducted in an investigation of emergency duties, et c. (including the treatment of the results of the 
investigation) under paragraph 6 of  Article 9 of the Law (including the case under paragraph 11 of the 
same Article thereof, to which the paragraph 6 applies mutatis mutandis ), it shall be conducted in a 
uniform and integrated manner with a corres ponding procedure under the provisions of the G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 38 
  
  Regulations of Emergency Measures in an inves tigation under Article 8 of the Regulations of 
Emergency Measures (including the case under paragra ph 3 of Article 19 thereof, to which Article 8 
thereof applies mutatis mutandis ).  Evidence shall be used commonly in both investigations.   
 
4. A Major Proportion of the Domestic Industry  
 
 (Cabinet Order Relating to Emergency Duty, etc.:  Article 1.) 
 
 The term a "major proportion" as provided for in  Article 1 of the Cabinet Order Relating to 
Emergency Duty, etc. shall be interpre ted as approximately 50 per cent.   
 
5. Submission of Evidence, etc.  
 
 (Cabinet Order Relating to Emergency Duty, etc.:  Article 4, paragraphs 1, 2, 4, 5 and 7;  
Article 5, paragraphs 1 and 2;  Ar ticle 6, paragraphs 1 and 3;  Artic le 7, paragraph 2;  Article 8, 
paragraphs 1, 3 and 4.  Regulations  of Emergency Measures:  Article 12, paragraphs 1, 2, 4, 5 and 7;  
Article 13, paragraphs 1 and 2;  Article 14, paragrap hs 1 and 3;  Article 15, paragraph 2;  Article 16, 
paragraphs 1, 3 and 4.) 
 
 The following items shall be submitted to or presented at the Tariff Policy and Legal Division 
of the Customs and Tariff Bureau, Ministry of Fina nce, and shall be addressed to the Minister of 
Finance.  The number of copies of the submission in wr iting shall be no less than 1 if the same is also 
submitted in an electronic medium at the time of the submission.  The number of copies of the 
submission in writing shall be no less than 4 if the same in an electronic medium is not submitted.   
 
- The evidence, testimony or document referred to in  paragraph 1, 2, 4, 5 or 7 of Article 4 of 
the Cabinet Order Relating to Emergency Duty, etc.   
- The presentation of the view referred to in para graph 1 or 2 of Article 5 of the same Order.   
- The information or document referred to in paragr aph 1 or 3 of Article 6 of the same Order.   
- The document referred to in paragraph 2 of Article 7 of the same Order.   
- The evidence, testimony, presentation of the view or information referred to in paragraph 1, 3 
or 4 of Article 8 of the same Order.   
 
 When the evidence, testimony, document, presen tation of the view, or information under the 
provisions of the Regulations of Emergency Measures is submitted to or presented at the Office for 
Trade Remedy Investigations of the Trade C ontrol Department of the Trade and Economic 
Cooperation Bureau, Ministry of Economy, Trade and Industry, it shall be deemed that the submission 
or presentation under the provisions of the Cabi net Order Relating to Emergency Duty, etc. 
corresponding to the provisions of the Regulations of Emergency Measures is made at the Tariff 
Policy and Legal Division of the Customs and Tariff Bureau, Ministry of Finance.    
 Testimony as referred to in paragraphs 1 and 2 of Article 4 of the Cabinet Order Relating to 
Emergency Duty, etc. shall be conduc ted at the same location on the same  date at the same time as the 
testimony as provided for in paragraphs 1 and 2 of  Article 12 of the Regulations of Emergency 
Measures.   
 
6. Initiation of Investigation, etc  
 
(1) Council on Customs, Tariff, Fore ign Exchange and Other Transactions 
 
 (Cabinet Order Relating to Emergency Duty, et c.:  Article 2;  Article 10, paragraph 2.)  G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 39 
  
   The Minister of Finance shall, when a decisi on to initiate an investig ation under paragraph 6 
of Article 9 of the Law (including the case under paragraph 11 of the same Article, to which the 
paragraph 6 applies mutatis mutandis ) has been made, notify the memb ers of the Special Duty Group 
of the Customs Tariff Subcouncil of the Council on Customs, Tariff, Foreign Exchange and Other 
Transactions and explain to the Special Duty Group , whenever appropriate, the reasons for initiating 
the investigation.     The Minister of Finance shall, in cases wh ere he/she notifies and gives a public notice 
pursuant to paragraph 2 of Article 10 of the Cabinet Order Relating to  Emergency Duty, etc., report to 
the Special Duty Group of the Customs Tariff Subc ouncil of the Council on Customs, Tariff, Foreign 
Exchange and Other Transactions on the content thereof.    (2) Investigating Team 
 
 (Cabinet Order Relating to Emergency Duty, etc.:  Article 11.)   The Minister of Finance shall, when a decision to initiate the investigation under paragraph 6 of Article 9 of the Law (including the case under paragraph 11 of the same Article, to which the 
paragraph 6 applies mutatis mutandis ) has been made, after consulting with any Minister who has 
jurisdiction over the industry in Japan as referred to in paragraph 1 of the same Article and the 
Minister of Economy, Trade and Industry, establish an investigating team composed of relevant 
officials of the Ministry of Finance, the said Ministry having jurisdiction over the industry in Japan, and the Ministry of Economy, Trade and Industry.    
7. Sending a Questionnaire  
 
 (Cabinet Order Relating to Emergency Duty, et c.:  Article 4, paragraph 2;  Article 5, 
paragraph 2;  Article 6, paragraph 3.  Regulations of Emergency Measu res:  Article 12, paragraph 2;  
Article 13, paragraph 2;  Article 14, paragraph 3.) 
 
 When the Minister of Finance sends questionnaires to the interested parties (as referred to in 
paragraph 1 of Article 4 of the Cabinet Order Re lating to Emergency Duty, etc.;  hereinafter the 
same), or industrial users, etc. or representa tive consumer organizations for the product under 
investigation (as referred to in pa ragraph 1 of Article 5 of Cabinet Order Relati ng to Emergency Duty, 
etc.; hereinafter the same) to request the submissi on of evidence as referred to in paragraph 2 of 
Article 4 of the Cabinet Order Relating to Emergenc y Duty, etc., to request for the presentation of the 
view as referred to in paragra ph 2 of Article 5 of the same Order, or to request the provision of 
information as referred to in paragr aph 3 of Article 6 of the same Orde r, the Minister of Finance shall 
explicitly indicate in the questionnaire in each inv estigation case the due date for the response to the 
questionnaire.   
 
 The questionnaire in a corresponding procedure under the provisions of the Regulations of 
Emergency Measures in an investigation under Arti cle 8 of the Regulations of Emergency Measures 
(including the case under paragraph 3 of Article 19 thereof, to which Article 8 thereof applies mutatis 
mutandis ) shall also serve as the questionnaire as sp ecified in the preceding paragraph under the 
Cabinet Order Relating to Emergency Duty, etc.   
 
8. Holding a Public Hearing  
  (Cabinet Order Relating to Emergency Duty, et c.:  Article 9.  Regulations of Emergency 
Measures:  Article 17.) G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 40 
  
  (1) Establishment of Agenda, etc. 
  When holding a public hearing as referred to in Article 9 of the Cabinet Order Relating to 
Emergency Duty, etc. (which shall be conducted in a uniform and integrated manner with the public 
hearing as provided for in Article 17 of the Regulations of Emergency Measures;  the testimony, views or information obtained in the public hearing shall be shared in both hearings;  hereinafter 
referred to as simply "public hearing"), the Mini ster of Finance shall, after consulting with any 
Minister who has jurisdiction over the industry in Japa n as referred to in paragraph 1 of Article 9 of 
the Law and the Minister of Economy, Trade an d Industry in accordance with paragraph 3 of 
Article 11 of the of the Cabinet Order Relating to  Emergency Duty, etc., establish the agenda, etc. 
(which means the matters listed in subparagraphs (i) throug h (iv) of paragraph (2 ) of Article 8 hereof) 
of the public hearing.    
(2) Public Notice, etc. 
 
 When holding a public hearing, the Minister of  Finance shall notify in writing such parties as 
found to be relevant to the agenda established under  paragraph (1) of Article 8 hereof (hereinafter 
referred to as "interested parties, etc.") among the in terested parties, or the industrial users, etc. or 
representative consumer organizations of the following matters in a reasonable period prior to the date 
of the public hearing in order to request for particip ation, and shall give a public notice of the same:   
 
(i) the agenda; 
(ii) the time and the date; 
(iii) the location;  and 
(iv) other relevant matters.   
 
(3) Chairperson 
 
 An appropriate person of the i nvestigating team shall serve as chair at the public hearing.   
 
(4) Proceedings of the Public Hearing 
 
(i) With respect to the agenda, the chairperson shall request for testimony of the interested 
parties or the view of the interested parties, industrial users, etc. or representative consumer organizations, or provision of information by the industrial users, etc. or representative consumer 
organizations.   
(ii) The chairperson may limit responses or remove persons who disturb the order or misbehave at the public hearing, if it is found necessary.   (iii) The chairperson may adjourn or continue the public hearing, if it is found necessary.  In such 
case, the chairperson shall notify the attendees to the public hearing of the date and the location of the 
next hearing in writing, and shall give a public notice of the same.   
(iv) The chairperson shall deem that the interest ed parties, etc., who did not attend the public 
hearing, did not intend to participate in the public hearing.   
 
(5) Records 
 
 Statements at the public hearing shall be r ecorded in shorthand or in other manner.   
   G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 41 
  
  THE GUIDELINES FOR PROCEDURES, ETC. RELATING TO EMERGENCY
 
MEASURES TO BE TAKEN IN RESPONSE TO AN INCREASE  
IN THE IMPORTATION OF GOODS  
 
 The guidelines for procedures, etc. of Regula tions to Govern Emergency Measures to be 
Taken in Response to an Increase in the Importati on of Goods (Notification No. 715 of 1994 of the 
Ministry of International Trade and Industry) are set out as follows.    
1. Objective  
 
Matters necessary to implement the General Agreement on Tariffs and Trade 1994 and the 
Agreement on Safeguards are set forth in the Regul ations to Govern Emergency Measures to be 
Taken in Response to an Increase in the Importati on of Goods (Notification No. 715 of 1994 of the 
Ministry of International Trade and Industry;  here inafter referred to as "Regulations").  The objective 
of enacting this Guideline is to complement the Regulations, to secure the uniform and integrated 
operation of the system relating to measures taken based on the Regulations and measures relating to 
emergency duties, etc., and to  contribute to facilitate the operation of these systems.   
 
Further, flexible and responsive approaches in individual cases shall not be precluded in 
applying this Guideline.  Moreove r, consideration shall be give n to internationally established 
interpretations of each of the above-menti oned Agreements for its application.   
 
2. Basic Policy of Operation  
 
(1) An investigation under Article 8 of the Re gulations (including the case under paragraph 3 of 
Article 19 thereof, to which Article 8 thereof applies mutatis mutandis ) shall be initiated and 
concluded in a uniform and integrat ed manner with the investigation u nder paragraph 6 of Article 9 of 
the Customs Tariff Law (Law No. 54 of 1910) (inc luding the case under paragraph 11 of the same 
Article thereof, to which paragraph 6 applies mutatis mutandis ).  Results of these investigations shall 
also be handled in a uniform and integrated manner.   
 (2) When a procedure under provisions of the Regul ations is conducted in an investigation under 
Article 8 of the Regulations (including the case unde r paragraph 3 of Article  19 thereof, to which 
Article 8 thereof applies mutatis mutandis ) (including the treatment of the results of the investigation), 
it shall be conducted in a uniform and integrat ed manner with a corresponding procedure in an 
investigation under paragraph 6 of Article 9 of the Customs Tariff Law (including the case under 
paragraph 11 of the same Article th ereof, to which paragraph 6 applies mutatis mutandis ).  Evidence 
shall be used commonly in both investigations.    3. Domestic Industry
 
 
 The term a major proportion as provided for in  Article 2 of the Regulations shall be 
interpreted as approximately 50 per cent.    4. Submission of Evidence, etc
 
 
(1) Any of the following items shall be submitted to  or presented at the Office for Trade Remedy 
Investigations of the Trade Control Department  of the Trade and Economic Cooperation Bureau, 
Ministry of Economy, Trade and Industry, and shall be addressed to the Minister of Economy, Trade 
and Industry.  The number of copies of the submission  in writing shall be no less than one (1) if the 
same is also submitted in an electronic medium at the time of the submission.  The number of copies G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 42 
  
  of the submission in writing shall be no less than four (4) if the same in an electronic medium is not 
submitted.    
- The evidence, testimony or document referred to in  paragraph 1, 2, 4, 5 or 7 of Article 12 of 
the Regulations;   
- The presentation of the view referred to in paragraph 1 or 2 of Article 13 thereof;   
- The information or document referred to in pa ragraph 1 or 3 of Article 14 thereof;   
- The document referred to in paragra ph 2 of Article 15 thereof;  or 
- The evidence, testimony, presentation of the view or information referred to in paragraph 1, 3 
or 4 of Article 16 thereof.   
  When the evidence, testimony, document, presen tation of the view, or information under the 
provisions of the Cabinet Order Relating to Emergenc y Duty, etc. (Cabinet Order No. 417 of 1994;  
hereinafter referred to as "Cabinet Order Relating to  Emergency Duty") is submitted to or presented at 
the Tariff Policy and Legal Division of the Customs and Tariff Bureau, Ministry of Finance, it shall 
be deemed that the submission or presentation unde r the provisions of the Regulations corresponding 
to the provisions of the Cabinet Order Relating to Emergency Duty is made at the Office for Trade 
Remedy Investigations of the Trade Control De partment of the Trade and Economic Cooperation 
Bureau, Ministry of Economy, Trade and Industry.   
 
(2) Testimony as referred to in paragraphs 1 a nd 2 of Article 12 of the Regulations shall be 
conducted at the same location on the same date at the same time as the testimony as provided for in 
paragraphs 1 and 2 of Article 4 of the Ca binet Order Relating to Emergency Duty.   
 
5. Initiation of Investigation, etc
 
  The Minister of Economy, Trade and Industry sha ll, when the Minister decided to initiate the 
investigation under Article 8 of the Regulations (including the case under paragraph 3 of Article 19 
thereof, to which the Article 8 thereof applies mutatis mutandis ), appoint relevant officials of the 
Ministry of Economy, Trade and Industry as the i nvestigating officials.  The said investigating 
officials shall also serve as the officials of th e Ministry of Economy, Trade and Industry which 
compose the investigating team under paragraph 6 of  Article 9 of the Customs Tariff Law (including 
the case under paragraph 11 of the same Article thereof, to which the paragraph 6 applies mutatis 
mutandis ).   
 
6. Sending a Questionnaire
 
  When the Minister of Economy, Trade and In dustry requests the submission of evidence as 
referred to in paragraph 2 of Artic le 12 of the Regulations, the presentation of the view as referred to 
in paragraph 2 of Article 13 thereof, or the provisi on of information as referred to in paragraph 3 of 
Article 14 thereof, the Minister of Economy, Trade and Industry shall send questionnaires to the 
interested parties (as referred to in paragraph 1 of  Article 12 of the Regulations; hereinafter the same), 
or industrial users, etc. or representative consum er organizations for the product under investigation 
(as referred to in paragraph 1 of Article 13 of the Regulations;  hereinafter the same), explicitly 
indicating the due date for the response to the questionnaire for each investigating matter.   
 
 The questionnaire in a corresponding procedure in an investigation under paragraph 6 of 
Article 9 of the Customs Tariff Law (including  the case under paragraph 11 of the same Article 
thereof, to which paragraph 6 applies mutatis mutandis ) shall also serve as the questionnaire as 
specified in the preceding sentence under the Regulations.    G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
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  7. Holding a Public Hearing
 
 (1) Establishment of Agenda, etc. 
 
 When holding a public hearing as referred to in  Article 17 of the Regulations (which shall be 
conducted in a uniform and integrated manner with th e public hearing as provided for in Article 9 of 
the Cabinet Order Relating to Emergency Duty;  th e testimony, views or information obtained in the 
public hearing shall be shared in both hearings;  he reinafter referred to as simply "public hearing"), 
the Minister of Economy, Trade and Industry shall esta blish the agenda, etc. (the matters as listed in 
subparagraphs (i) through (iv) of  paragraph (2) of Article 7 hereof) of the public hearing.   
 (2) Public Notice, etc.  
 When holding a public hearing, the Minister of Economy, Trade and Industry shall notify in 
writing such parties as found to be relevant to the agenda established under paragraph (1) of Article 7 
hereof (hereinafter referred to as "interested part ies, etc.") among the interested parties, or the 
industrial users, etc. or representative consumer or ganizations of the following matters in a reasonable 
period prior to the date of the public hearing in or der to request for participation, and shall give a 
public notice of the same:   
 
(i) the agenda;   (ii) the time and the date;   (iii) the location;  and (iv) other relevant matters.   
 
(3) Chairperson   An appropriate person of the investigating team shall serve as the chairperson at the public 
hearing.    
(4) Proceedings of the Public Hearing 
 (i) With respect to the agenda, the chairperson shall request for testimony of the interested 
parties or the view of the interested parties, industrial users, etc. or representative consumer organizations, or provision of information by the industrial users, etc. or representative consumer 
organizations.   
 (ii) The chairperson may limit responses or remove persons who disturb the order or misbehave at the public hearing, if it is found necessary.    (iii) The chairperson may adjourn or continue the public hearing, if it is found necessary.  In such 
case, the chairperson shall notify the attendees to the public hearing of the date and the location of the 
next hearing in writing, and shall give a public notice of the same.    (iv) The chairperson shall deem that the interest ed parties, etc., who did not attend the public 
hearing, did not intend to participate in the public hearing.   
 
(5) Records   Statements at the public hearing shall be r ecorded in shorthand or in other manner.   G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
Page 44 
  
  [Provisional Translation] 
 
I. Cabinet Order Relating to Counter vailing Duty (Cabinet Order No. 415, 
December 1994) 
 
Article 5
 
 
The phrase "and persons who the Minister of Finance particularly finds as interested parties 
related to such investigation other than those provide d for before in this paragraph, and " is inserted 
before the phrase "shall publish a notice in the Offici al Gazette" in paragraph 1 of Article 5.  The 
phrase "and provision of information referred to in pa ragraph 1 of Article 10" is inserted after the 
phrase "paragraph 1 of Article 10"in subparagraph (7) of paragraph 1.    
Article 7
 
  Following paragraph is inserted after paragra ph 3 of the Article 7.  This paragraph becomes 
paragraph 4 and former paragra ph 4 becomes paragraph 5.   
  When the Minister of Finance requested interest ed parties to present evidence or testify in 
accordance with the provisions of the first sentence of paragraph 2, the dete rmination referred to in 
Article 10-2 (excluding the case where the determ ination was made before requesting the said 
evidence or testimony) and the determination referre d to in Article 12 shall be made after presenting 
the said evidence or testimony.  However, this pr ovision does not apply to the case where the said 
interested parties do not provide the said evidence or testimony within a reasonable period time.   
 
Article 8
 
  The phrase "paragraph 4 of the preceding Article" is amended to the phrase "paragraph 5 of the preceding Article".    
Article 10
 
  Article 10-2 is inserted after Article 10.   (Notification of the Preliminary Determination, etc.) 
 
Article 10-2
 
  The Minister of Finance shall, when the inves tigation referred to in pa ragraph 6 of Article 7 
of the Law is initiated and the determination to presu me the fact of the importation of the subsidized 
product and the fact of the material injury, etc. to  the domestic industry caused by such importation as 
provided for in paragraph 9 or 10 of the said Article is made, notify to that effect and facts on which 
the determination is based in writing directly in terested parties and shall publish a notice in the 
Official Gazette.     G/ADP/N/1/JPN/2/Suppl.6 
 G/SCM/N/1/JPN/2/Suppl.6  G/SG/N/1/JPN/2/Suppl.2 
 Page 45 
  
  II. Cabinet Order Relating to Anti-Dumping Duty (Cabinet Order No. 416, 
December 1994) 
 Article 8
 
  The phrase "and persons who the Minister of Finance particularly finds as interested parties related to such investigation other than those provide d for before in this paragraph, and " is inserted 
before the phrase "shall give a public notice in the Official Gazette." in paragraph 1 of Article 8.  The 
phrase "and application under paragr aphs of Article 12" is amende d to the phrase ", application 
referred to in paragraph 1 of Article 12, presentati on of the view referred to in paragraph 1 of 
Article 12-2 and provision of inform ation referred to in paragraph 1 of  Article 13" in subparagraph (7) 
of paragraph 1.    
Article 10
 
  Following paragraph is inserted after paragraph 3 of the Article 10.  This paragraph becomes 
paragraph 4 and former paragra ph 4 becomes paragraph 5.   
 4. When the Minister of Finance requested inter ested parties to present evidence or testify in 
accordance with the provisions of the first sentence of paragraph 2, the dete rmination referred to in 
Article 13-2 (excluding the case where the determ ination was made before requesting the said 
evidence or testimony) and the determination referre d to in Article 15 shall be made after presenting 
the said evidence or testimony.  However, this pr ovision does not apply to the case where the said 
interested parties do not provide the said evidence or testimony within a reasonable period time.   
 
Article 11
 
  The phrase "in paragraph 4 of Article 10" is amended to the phrase "in paragraph 5 of Article 10".    
Article 12
 
  Article 12-2 is inserted after Article 12.     (Presentation of View) 
 
Article 12-2
 
 1. When the investigation is initiated, any inter ested party, industrial user of the products under 
the investigation or any representa tive-consumer organization of such  products may, until the time-
limit referred to in subparagraph (7) of paragraph 1 of Article 8 no tified to or published in notice in 
accordance with the provisions of said paragraph, present to the Minister of Finance the document 
which contains its view on that investigation.  However, representative consumer-organizations may 
present their view, only in cases where the products are commonly sold retail.    2. The Minister of Finance may, if necessary, in the course of investigation, request interested 
parties, industrial users of such products under inv estigation or representative consumer-organizations 
of such products to present their view in wr iting which are relevant to the investigation. G/ADP/N/1/JPN/2/Suppl.6 
G/SCM/N/1/JPN/2/Suppl.6 G/SG/N/1/JPN/2/Suppl.2 
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  Article 13
 
  Article 13-2 is inserted after Article 13.   
 
Article 13-2
 
  (Notification of the Preliminary Determination, etc.)  
 The Minister of Finance shall, when the inves tigation referred to in pa ragraph 5 of Article 8 
of the Law is initiated and the determination to presume the fact of the importation of the dumped 
product and the fact of the material injury, etc. to  the domestic industry caused by such importation as 
provided for in paragraph 8 or 9 of the said Article is made, notify to that effect and facts on which 
the determination is based in writing directly in terested parties and shall publish a notice in the 
Official Gazette.   
 
III. Cabinet Order Relating to Emergency Duty (Cabinet Order No. 417, December 1994) 
 
Article 9
 
 
 Article 9-2 is inserted after Article 9.   
  (Public Notice of the Preliminary Determination)  Article 9-2
 
 
 The Minister of Finance shall, when the inves tigation referred to in pa ragraph 6 of Article 9 
of the Law is initiated and the determination to pr esume the fact of import increase of a particular 
product and the fact of serious injury, etc. to the domestic industry caused by such importation as 
provided for in paragraph 8 of the said Article is made, publish a notice in the Official Gazette to 
notify to that effect and facts on which the determination is based.   
 
  
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