Latest revision: Cabinet Order No. 6 of January 25, 2017
Cabinet Order on Emergency Tariff Measures under Economic Partnership Agreements
(Japanese Industry)
Article 1.Article 1 of Cabinet Order on Emergency Duty, etc. (Cabinet Order No. 417 of 1994; hereinafter referred to as “the Cabinet Order”) applies to the Japanese industry provided for in paragraph (1) of Article 7-7 of the Temporary Tariff Measures Act (hereinafter referred to as “the Act”).
(Public notice of initiation of investigation)
Article 2.The Minister of Finance shall, when a decision has been taken to initiate an investigation referred to in paragraph (6) of Article 7-7 of the Act (hereinafter simply referred to as “investigation”), promptly give in the official gazette a public notice of that decision and the matters as set forth in the following:
(i)the country covered by the investigation (including a territory having its own tariff and trade system; hereinafter the same applies);
(ii)the descriptions, brands, types and characteristics of goods relating to the investigation;
(iii)the date on which the investigation is to be initiated;
(iv)the period covered by the investigation;
(v)a summary of matters covered by the investigation;
(vi)the time limit for production of evidence and testimony, statement of opinions, provision of information and inspection of evidence, etc., opinions and information, etc., as prescribed respectively in the first sentence of paragraph (1) of Article 4, paragraph (1) of Article 5, the first sentence of paragraph (1) of Article 6 and paragraph (1) of Article 7, of the Cabinet Order, as applied pursuant to the next Article;
(vii)the time limit for production of evidence, testimony, statement of opinions and provision of information, as prescribed respectively in paragraphs (1), (3) and (4) of Article 8 of the Cabinet Order, as applied pursuant to the next Article;
(viii)any other relevant matters.
(Production of evidence, etc.)
Article 3.Articles 4 to 9 of the Cabinet Order apply to investigation. In this case, the term “Article 2” in the first sentence of paragraph (1) of Article 4, the main clause of paragraph (1) of Article 5, the first sentence of paragraph (1) of Article 6, the main clause of paragraph (1) of Article 7, paragraph (1) of Article 8 and the main clauses of paragraphs (3) and (4) of Article 8, of the Cabinet Order is deemed to be replaced respectively with “Article 2 of the Cabinet Order on Emergency Tariff Measures under Economic Partnership Agreements” and the term “the fact or the circumstances as provided for respectively in paragraph (6) or (10) of Article 9 of the Act” in the first sentences of paragraphs (1) and (2) of Article 4 of the Cabinet Order is deemed to be replaced with “the fact provided for in paragraph (6) of Article 7-7 of the Temporary Tariff Measures Act”.
(Public notice of taking emergency tariff measure, etc.)
Article 4.The Minister of Finance shall, when a decision has been made to take the measure prescribed in paragraph (1) or (7) of Article 7-7 of the Act, to extend, pursuant to the provisions of paragraph (2) of that Article, the measure prescribed in paragraph (1) of that Article or to withdraw or liberalize the measure prescribed in paragraph (1) of that Article, promptly give in the official gazette a public notice of that decision and the matters as set forth in the following:
(i)the country relating to the designation prescribed in paragraph (1) or (7) of Article 7-7 of the Act;
(ii)the descriptions, brands, types and characteristics of goods relating to the designation prescribed in paragraph (1) or (7) of Article 7-7 of the Act;
(iii)the period designated pursuant to the provisions of paragraph (1) or (7) of Article 7-7 of the Act (including the date of withdrawal or liberalization if the measure prescribed in paragraph (1) of that Article is withdrawn or liberalized);
(iv)the fact found through investigation and the conclusion derived therefrom (excluding the case where the measure prescribed in paragraph (1) of Article 7-7 of the Act is extended pursuant to the provisions of paragraph (2) of that Article or where the measure prescribed in paragraph (1) of that Article is withdrawn or liberalized);
(v)if the measure prescribed in paragraph (1) of Article 7-7 of the Act is extended pursuant to the provisions of paragraph (2) of that Article, the reason therefor;
(vi)if the measure prescribed in paragraph (1) of Article 7-7 of the Act is liberalized, the details thereof;
(vii)any other relevant matters.
(2)The Minister of Finance shall, if a decision has been made, as a result of investigation, not to take the measure prescribed in paragraph (1) of Article 7-7 of the Act, promptly give in the official gazette a public notice of the decision and the matters set forth in the following:
(i)the country covered by the investigation;
(ii)the descriptions, brands, types and characteristics of goods relating to the investigation;
(iii)the fact found through the investigation and the conclusion derived therefrom;
(iv)any other relevant matters.
(Consultation, etc. concerning investigation)
Article 5.If the Minister having jurisdiction over the Japanese industry as provided for in paragraph (1) Article 7-7 of the Act (hereinafter referred to as “the Minister having jurisdiction over the industry” in this Article) finds it necessary in consideration of the request made by a person having an interest in the industry or other circumstances, the Minister having jurisdiction over the industry shall notify the Minister of Finance and the Minister of Economy, Trade and Industry of the need to hold a consultation on initiation of an investigation, by providing these Ministers with the statistical data on matters set forth in item (i) of paragraph (1) of Article 102 of the Customs Act (Act No. 61 of 1954) with respect to the specific kind of goods provided for in paragraph (1) of Article 7-7 of the Act (including data obtained by making adjustment deemed to be reasonable to the statistical data), the data indicating the details of the domestic sales and production of the goods and other necessary materials for determining whether there is sufficient evidence to substantiate initiation of investigation.
(2)In cases where the notification referred to in the preceding paragraph has been issued, the Minister of Finance, the Minister having jurisdiction over the industry and the Minister of Economy, Trade and Industry shall, after having judged whether or not there is sufficient evidence referred to in that paragraph, decide whether investigation is to be initiated.
(3)When a decision has been taken to initiate an investigation, the Minister of Finance, the Minister having jurisdiction over the industry and the Minister of Economy, Trade and Industry shall keep in close contact with each other with respect to the investigation (including handling of the result thereof) and any important matters involved shall be determined in consultation with each other.
(Referral to the Council on Customs, Tariff, Foreign Exchange and other Transactions)
Article 6.The Minister of Finance shall, if it is found necessary to take the measure prescribed in paragraph (1), (3), (4) or (7) of Article 7-7 of the Act, to extend, pursuant to the provisions of paragraph (2) of that Article, the measure prescribed in paragraph (1) of that Article or to withdraw or liberalize the measure prescribed in paragraph (1), (3) or (4) of that Article, promptly refer the matter to the Council on Customs, Tariff, Foreign Exchange and other Transactions; provided, however, that this does not apply to the case where it is found necessary to immediately take the measure prescribed in paragraph (7) of that Article.
(2)The Minister of Finance shall, when the measure prescribed in paragraph (7) of Article 7-7 of the Act has been taken under the proviso to the preceding paragraph, promptly report the details of the measure to the Council on Customs, Tariff, Foreign Exchange and other Transactions.