Cabinet Order on Anti-dumping Duty

(Definitions)

Article 1.The term “supplier”, “supplying country”, “specified goods”, “dumping margin” or “amount to be refunded” as used in this Cabinet Order means the supplier, supplying country, specified goods, dumping margin or amount to be refunded, as defined respectively in paragraph (1) or (32) of Article 8 of the Customs Tariff Act (hereinafter referred to as “the Act”).

(Normal price)

Article 2.The price to be prescribed by Cabinet Order, as provided for in paragraph (1) of Article 8 of the Act shall be the following price:
(i)the price, in the ordinary course of trade, of the like goods (i.e., goods of the same kind as the imported goods at issue), when destined for consumption in the country of origin of such imported goods;
(ii)the price of the like goods when sold for export from a supplying country of the imported goods at issue to a country other than Japan;
(iii)the price constructed on the basis of the cost of production of the imported goods at issue, plus the amounts of usual profits and administrative, selling and general expenses pertaining to the like goods produced in the country of origin of such imported goods;
(iv)the price, in the ordinary course of trade, of the like goods when destined for consumption in a country which is at the stage of economic development comparable and closest to a supplying country of the imported goods at issue, price of the like goods when sold for export from a country which is at the stage of economic development comparable and closest to such supplying country, or price constructed on the basis of the cost of production of the like goods in a country which is at the stage of economic development comparable and closest to the country of origin of the imported goods at issue, plus the amounts of usual profits and administrative, selling and general expenses pertaining to the like goods.
(2)For the purpose of applying paragraph (1) of Article 8 of the Act, the price set forth in item (ii) or (iii) of the preceding paragraph may be used only in the case where there is no available price, in the ordinary course of trade, of the like goods when destined for consumption in a supplying country of the imported goods at issue or in the case where, because of the particular market situation of such supplying country or the low volume of the sales of the like goods in such supplying country, it is deemed inappropriate to use the price, in the ordinary course of trade, of the like goods when destined for consumption in such supplying country, whereas the price set forth in item (iv) of the said paragraph may be used only in the case where the supplying country of the imported goods at issue is the country provided for in 2 of paragraph (1) of Ad Article VI in Annex I (Notes and Supplementary Provisions) to the General Agreement on Tariffs and Trade 1994 in Annex 1A to the Marrakesh Agreement Establishing the World Trade Organization.
(3)Notwithstanding the provision of the preceding paragraph, for the purpose of applying paragraph (1) of Article 8 of the Act to a specific kind of imported goods the origin of which is the People’s Republic of China (excluding the regions of Hong Kong and Macao; hereinafter the same applies in this paragraph and Article 10-2) or Viet Nam, if a producer of such imported goods fails to demonstrate clearly the fact that, in the industry of the country of origin of such imported goods where the like goods are produced, market economy conditions prevail in the production and sales of such like goods (referred to as “the fact that market economy conditions prevail in the production and sales of specific goods” in Article 10-2), the price set forth in item (iv) of paragraph (1) may be used.
(4)The normal price provided for in paragraph (1) of Article 8 of the Act shall be the price obtained after making necessary adjustment to the price difference in the selling price for export of the imported goods at issue, arising from differences in commercial levels, transaction quantities and any other factors affecting price comparability.

(Special provisions for selling price for export)

Article 3.For the purpose of applying paragraph (1) of Article 8 of the Act, if no selling price for export of the imported goods at issue is available or if it is deemed inappropriate to use selling price because of association between the exporter and importer of such imported goods (including a person who purchases such imported goods in Japan), the selling price for export of such imported goods shall be the price calculated on the basis of the domestic selling price at which such imported goods are first sold in the domestic market to a buyer not associated with the exporter or the importer of such imported goods (or, where the domestic selling price is the price pertaining goods produced, using such imported goods as raw materials, and then sold, the value added by such production shall be deducted from such domestic selling price).

(Japanese industry)

Article 4.The Japanese industry provided for in paragraph (1) of Article 8 of the Act means those Japanese producers whose collective output of the like goods constitutes a major proportion of the total production of such goods in Japan.
(2)The Japanese producers referred to in the preceding paragraph shall not include those producers who have any of the relationships as set forth in the following and those producers who imported the goods at issue on or after the day six months preceding the date on which the request prescribed in paragraph (4), (21) (including the case where applied mutatis mutandis pursuant to paragraph (31) of Article 8 of the Act) or (26) of Article 8 of the Act was made (or, in the case where no such request prescribed in the said paragraphs was made, but where the investigation referred to in paragraph (5), (22) (including the case where applied mutatis mutandis pursuant to paragraph (31) of the said Article) or (27) of the said Article is conducted, the date on which such investigation is initiated, instead of the date on which the request was made), unless the quantities of the imports of the goods at issue are small; provided, however, that this does not apply to the case where the producer having any of the relationships set forth in the following has produced evidence to demonstrate that the effect of such relationships is not such as to cause the producer to behave differently from other producers not having such relationships, or where the producer who imported the goods at issue has produced evidence to demonstrate that the main part of his business pertaining to such imported goods at issue and the like goods is the production of such like goods in Japan, if this assertion is deemed to be duly substantiated by such evidence:
(i)relationships in which the producer directly or indirectly controls a supplier or importer of such imported goods;
(ii)relationships in which the producer is directly or indirectly controlled by a supplier or importer of such imported goods;
(iii)relationships in which the producer is directly or indirectly controlled by a third person who directly or indirectly controls a supplier or importer of such imported goods;
(iv)relationships in which the producer, jointly with a supplier or importer of such imported goods, controls directly or indirectly a third person.

(A person having an interest in the Japanese industry)

Article 5.A person having an interest in the Japanese industry as provided for in paragraphs (4), (21) and (26) of Article 8 of the Act shall be the following:
(i)any Japanese producer of the like goods or organization composed of direct or indirect members of Japanese producers of such goods (hereinafter referred to as “producers, etc. concerned” in this item, the next Article and Article 7) (in the case of organizations of the producers, etc. concerned, limited to organizations in which more than one member of the direct or indirect members is Japanese producers of such goods; the same applies in the next Article), provided that the collective output of such goods produced in Japan by such producers or direct or indirect members of the organizations accounts for one-fourth or more of the total output of such goods in Japan;
(ii)any labor union the direct or indirect members of which are those engaged in Japan in the production of the like goods (in Articles 7 and 10 referred to as the “labor union concerned”), provided that the collective number of the direct or indirect members engaged in such production accounts for one-fourth or more of the total number of the persons engaged in such production.
(2)Producers deemed not to be included in the Japanese producers pursuant to the provision of paragraph (2) of the preceding Article shall not be included in the Japanese producers set forth in item (i) of the preceding paragraph, and the persons engaged in the production of the like goods by the producers who are deemed not to be included in the Japanese producers pursuant to paragraph (2) of the preceding Article shall not be included in the members set forth in item (ii) of the preceding paragraph.

(A person not being a new supplier)

Article 6.A person to be designated by Cabinet Order as being related to a supplier of specified goods, as provided for in paragraph (12) of Article 8 of the Act shall be the following:
(i)a person who directly or indirectly controls the supplier;
(ii)a person who is directly or indirectly controlled by the supplier;
(iii)a person directly or indirectly controlled by a third person who directly or indirectly controls the supplier;
(iv)a person who, jointly with the supplier, controls directly or indirectly a third person.

(Procedures for seeking imposition of anti-dumping duty, etc.)

Article 7.A person who requests the Government to impose anti-dumping duty pursuant to the provision of paragraph (4) of Article 8 of the Act (hereinafter in this paragraph referred to as “applicant”) shall submit to the Minister of Finance a document stating the following matters, accompanied by sufficient evidence for the fact of imports of dumped goods and the fact of material injury, etc. to a Japanese industry caused by such imports, as provided for in the said paragraph:
(i)the name and address of the applicant;
(ii)descriptions, brands, types and characteristics, of such goods;
(iii)the supplier or supplying country of such goods;
(iv)circumstances under which the applicant is to be recognized as being the person having an interest in the Japanese industry, as provided for in paragraph (1) of Article 5;
(v)a summary of the fact of imports of dumped goods and of the fact of material injury, etc. to a Japanese industry caused by such imports, as provided for in paragraph (4) of Article 8 of the Act;
(vi)if the applicant requests that any part of the matters stated in the document or the whole or part of the evidence produced (hereinafter in this Article referred to as “evidence, etc.”) be treated as confidential, such request and the reason therefor;
(vii)details of the support given by the producers, etc. concerned or the labor unions concerned for the request made by the applicant under paragraph (4) of Article 8 of the Act;
(viii)any other relevant matters.
(2)With respect to anti-dumping duty imposed pursuant to the provision of paragraph (1) of Article 8 of the Act, if any new supplier provided for in paragraph (12) of the said Article requests, pursuant to the provision of the said paragraph, the Government to alter or abolish such anti-dumping duty (hereinafter in this paragraph referred to as “applicant”), he shall submit to the Minister of Finance a document stating the following matters, accompanied by sufficient evidence demonstrating the fact that the amount of anti-dumping duty imposed on goods pertaining to the applicant differs from the actual dumping margin for such goods and a written pledge stating that he is not related to the supplier of the specified goods imported into Japan during the period covered by the investigation referred to in paragraph (5) or (22) of the said Article:
(i)the name and address of the applicant;
(ii)descriptions, brands, types and characteristics, of the specified goods pertaining to the anti-dumping duty;
(iii)circumstances under which the applicant is to be recognized as being the new supplier, as provided for in paragraph (12) of Article 8 of the Act;
(iv)a summary of the fact that the amount of anti-dumping duty imposed on the goods pertaining to the applicant differs from the actual dumping margin for such goods;
(v)if the applicant requests that the evidence, etc. be treated as confidential, such request and the reason therefor;
(vi)any other relevant matters.
(3)With respect to anti-dumping duty imposed pursuant to the provision of paragraph (1) of Article 8 of the Act, if any person requests, pursuant to the provision of paragraph (21) of the said Article, the Government to alter or abolish such anti-dumping duty (hereinafter in this paragraph referred to as “applicant”), he shall submit to the Minister of Finance a document stating the following matters, accompanied by sufficient evidence demonstrating the changes in circumstances set forth in item (i) or (ii) of paragraph (20) of the said Article:
(i)the name and address of the applicant;
(ii)descriptions, brands, types and characteristics, of the specified goods pertaining to the anti-dumping duty;
(iii)the supplier or supplying country of the specified goods pertaining to the anti-dumping duty;
(iv)circumstances under which the applicant is to be recognized as being the person provided for in paragraph (21) of Article 8 of the Act;
(v)a summary of any changes in circumstances as set forth in item (i) or (ii) of paragraph (20) of Article 8 of the Act;
(vi)if the applicant requests that the evidence, etc. be treated as confidential, such request and the reason therefor;
(vii)details of the support given by the producers, etc. concerned or the labor unions concerned for the request made by the applicant under paragraph (21) of Article 8 of the Act, if the applicant is the person who has an interest in the Japanese industry as provided for in paragraph (1) of Article 5;
(viii)any other relevant matters.
(4)With respect to the period of time specified under paragraph (1) of Article 8 of the Act, pertaining to anti-dumping duty to be imposed pursuant to the provision of the said paragraph, if any person requests, pursuant to the provision of paragraph (26) of Article 8 of the Act, the Government to extend such period of time (hereinafter in this paragraph referred to as “applicant”), he shall submit to the Minister of Finance a document stating the following matters, accompanied by sufficient evidence demonstrating the likelihood that the dumped imports of the specified goods and the fact of material injury, etc. to a Japanese industry caused by such imports will continue or recur after expiry of the specified period of time, as provided for in paragraph (26) of the said Article:
(i)the name and address of the applicant;
(ii)descriptions, brands, types and characteristics, of the specified goods pertaining to the anti-dumping duty;
(iii)the supplier or supplying country of the specified goods pertaining to the anti-dumping duty;
(iv)circumstances under which the applicant is to be recognized as being the person having an interest in the Japanese industry, as provided for in paragraph (1) of Article 5;
(v)a summary of the likelihood that the dumped imports of the specified goods and the fact of material injury, etc. to a Japanese industry caused by such imports will continue or recur after expiry of the specified period of time, as provided for in paragraph (26) of Article 8 of the Act;
(vi)if the applicant requests that the evidence, etc. produced be treated as confidential, such request and the reason therefor;
(vii)details of the support given by the producers, etc. concerned or the labor unions concerned for the request made by the applicant under paragraph (26) of Article 8 of the Act;
(viii)any other relevant matters.
(5)Paragraph (3) applies mutatis mutandis to the case where the undertaking accepted under the first sentence of paragraph (8) of Article 8 of the Act (including the case where applied mutatis mutandis pursuant to the first sentence of paragraph (14), paragraph (24) or paragraph (28) of the said Article and the case where paragraph (24) of the said Article is applied mutatis mutandis pursuant to paragraph (31) of the said Article) is requested to be altered (including alteration of the effective period of time) under paragraph (21) of the said Article, as applied mutatis mutandis pursuant to paragraph (31) of the said Article.
(6)If there is any evidence, etc. produced pursuant to the provision of the preceding paragraphs, which is deemed appropriate to be treated as confidential (hereinafter in this Article referred to as “confidential evidence, etc.”), the Minister of Finance shall request the person who has produced such evidence, etc., to submit a document containing the confidential evidence, etc. in a summary form which is not required to be treated as confidential.
(7)If a person who has been requested to submit a document referred to in the preceding paragraph considers that the confidential evidence, etc. provided for in the said paragraph cannot be so summarized, he shall submit to the Minister of Finance a document stating that fact and the reason therefor.
(8)In cases where a person who has been requested to submit a document pertaining to the confidential evidence, etc. pursuant to the provision of paragraph (6) fails to submit a document prescribed in the preceding two paragraphs or where the contents of the document submitted by the person pursuant to the provision of the preceding two paragraphs are found inappropriate, the Minister of Finance may elect not to examine such confidential evidence, etc.
(9)In cases where the Minister of Finance finds it inappropriate to treat, as confidential, the evidence, etc. produced pursuant to the provision of paragraphs (1) to (5) and requested to be treated as confidential by a person who has so produced, the Minister shall promptly notify that person of his findings and the reason therefor. In this case, if that person does not withdraw his request for treating the evidence, etc. as confidential, nor does he submit any document containing a summary of the evidence, etc. deemed appropriate, the Minister of Finance may elect not to examine the evidence, etc. which has been requested to be treated as confidential.
(10)If the Minister of Finance elects, pursuant to the provision of the preceding two paragraphs, not to examine the evidence, etc. produced under paragraphs (1) to (5), he shall promptly notify in writing a person who has produced the evidence, etc., of that fact and the reason therefor.

(Notification of initiation of investigation, etc.)

Article 8.In cases where a decision has been taken to initiate an investigation referred to in paragraph (5), (13), (22) (including the case where applied mutatis mutandis pursuant to paragraph (31) of Article 8 of the Act) or (27) of Article 8 of the Act (hereinafter simply referred to as “investigation”, except in Article 14, paragraph (1) (excluding the items thereof) of Article 16, Article 17 and Article 19), the Minister of Finance shall promptly notify in writing those persons who are recognized as being directly interested persons of such decision and the following matters, and shall also give, in the official gazette, a public notice thereof (the “directly interested persons” as used in this paragraph means suppliers of the goods covered by the investigation or organizations thereof (provided that the majority of their direct or indirect members are suppliers of the goods covered by the investigation), importers of the goods covered by the investigation and organizations thereof (provided that the majority of their direct or indirect members are importers of the goods covered by the investigation), the applicant pertaining to the investigation (i.e., the person who made a request prescribed in paragraph (4), (12), (21) (including the case where applied mutatis mutandis pursuant to paragraph (31) of Article 8 of the Act) or (26) of Article 8 of the Act; the same applies in this Article) and other persons who are recognized by the Minister of Finance as having a particular interest in the investigation; hereinafter the same applies):
(i)the name and address of the applicant;
(ii)descriptions, brands, types and characteristics, of goods pertaining to the investigation;
(iii)the supplier or supplying country of the goods pertaining to the investigation;
(iv)the date of initiation of the investigation;
(v)the period to be covered of the investigation;
(vi)a summary of the matters covered by the investigation;
(vii)the time limit for production of evidence and testimony as prescribed in the first sentence of paragraph (1) of Article 10 and the first sentence of paragraph (1) of Article 10-2, for inspection of evidence, etc. prescribed in paragraph (1) of Article 11, for proposal for simultaneous examination prescribed in paragraph (1) of Article 12, for statement of opinions prescribed in paragraph (1) of Article 12-2 and for provision of information prescribed in paragraph (1) of Article 13;
(viii)any other relevant matters.
(2)In cases where notification is made to directly interested persons pursuant to the provision of the preceding paragraph, the Minister of Finance shall send them (excluding the applicant) a written notification provided for in the said paragraph, together with copies of the documents and evidence submitted pursuant to the provision of paragraphs (1) to (5) of the preceding Article (excluding any part of the documents and evidence, which is, by nature, deemed appropriate to be treated as confidential or which has been submitted by the applicant as confidential information).
(3)In the case where a request prescribed in paragraph (4), (12), (21) (including the case where applied mutatis mutandis pursuant to paragraph (31) of Article 8 of the Act) or (26) of Article 8 of the Act has been made, if a decision has been taken not to initiate an investigation, the Minister of Finance shall promptly notify the applicant in writing of such decision and the reason therefor.

(Extension of investigation period)

Article 9.In cases where a decision has been taken to extend the investigation period pursuant to the provision of the proviso to paragraph (6) of Article 8 (including the case where applied mutatis mutandis pursuant to the first sentence of paragraph (14) of the said Article) of the Act or the proviso to paragraph (23) of the said Article (including the case where applied mutatis mutandis pursuant to paragraph (28) or (31)), the Minister of Finance shall promptly notify directly interested persons in writing of such decision, the investigation period so extended and the reason for such extension, and shall also give, in the official gazette, a public notice thereof.

(Production of evidence, etc.)

Article 10.In the case where an investigation has been initiated, any interested persons (i.e., the directly interested persons and the producers, etc. concerned (in the case of organizations of the producers, etc. concerned, limited to those organizations in which majority of the direct or indirect members are Japanese producers of such goods) and the labor unions concerned (provided that the majority of their direct or indirect members are those engaged in Japan in the production of the like goods) other than the directly interested persons; hereinafter the same applies) may, within the time limit set forth in item (vii) of paragraph (1) of Article 8, as notified or publicly notified pursuant to the provision of the said paragraph, produce evidence or give testimony to the Minister of Finance with respect to the facts provided for in paragraph (5) or (13) of Article 8 of the Act, the changes in circumstances provided for in paragraph (22) of the said Article (including the case where applied mutatis mutandis pursuant to paragraph (31) of the said Article) or the likelihood provided for in paragraph (27) of the said Article. In this case, any person who produces evidence or gives testimony shall submit in writing the fact which he intends to prove by evidence or testimony, and, if he requests the evidence or testimony to be treated as confidential, such request and the reason therefor.
(2)When the Minister of Finance finds it necessary during the investigation period, he may request the interested persons to produce evidence or give testimony with respect to the facts provided for in paragraph (5) or (13) of Article 8 of the Act, the change in circumstances provided for in paragraph (22) of the said Article (including the case where applied mutatis mutandis pursuant to paragraph (31) of the said Article) or the likelihood provided for in paragraph (27) of the said Article. In this case, if a person who produces evidence or gives testimony requests such evidence or testimony to be treated as confidential, he shall submit a document stating such request and the reason therefor.
(3)In cases where any interested person has sought to give testimony prescribed in the first sentence of paragraph (1) or where he is requested to give testimony pursuant to the provision of the first sentence of the preceding paragraph, the Minister of Finance shall notify that interested person in writing of the date and time, and the place, of the hearing of testimony and of any other matters necessary for such hearing.
(4)In cases where the Minister of Finance has requested any interested person to produce evidence or to give testimony pursuant to the provision of the first sentence of paragraph (2), the decision referred to in Article 13-2 (excluding any decision taken before such evidence or testimony is requested) and the decision referred to in Article 15 shall be taken only after the evidence has been produced or the testimony has been given; provided, however, that this does not apply to the case where the interested person fails to produce evidence or to give testimony, within a reasonable period of time.
(5)Paragraphs (6) to (10) of Article 7 apply mutatis mutandis to the evidence produced, or the testimony given, pursuant to the provision of the first sentence of paragraph (1) or (2).

(Production of evidence, etc. by producers of a specific kind of imported goods originating in the People’s Republic of China or Viet Nam)

Article 10-2.In the case where an investigation has been initiated with respect to a specific kind of imported goods originating in the People’s Republic of China or Viet Nam, any producer of such imported goods (hereinafter in this Article simply referred to as “producer”) may, in addition to the evidence, etc. provided for in the preceding Article, produce evidence or give testimony to the Minister of Finance with respect to the fact that the market economy conditions prevail with respect to the production and sales of such specific goods, within the time limit set forth in item (vii) of paragraph (1) of Article 8, as notified or publicly notified pursuant to the provision of the said paragraph. In this case, a person who produces evidence or gives testimony shall submit in writing the fact to be proved by evidence or testimony, and, if he requests the evidence or testimony to be treated as confidential, such request and the reason therefor.
(2)When the Minister of Finance finds it necessary during the investigation period referred to in the first sentence of the preceding paragraph, he may request the producer to produce evidence or give testimony with respect to the fact that market economy conditions prevail in the production and sales of the specific goods. In this case, if the person who produces evidence or gives testimony requests the evidence or testimony to be treated as confidential, he shall submit a document stating such request and the reason therefor.
(3)In cases where the producer has sought to give testimony prescribed in the first sentence of paragraph (1) or where he is requested to give testimony pursuant to the provision of the first sentence of the preceding paragraph, the Minister of Finance shall notify the producer in writing of the date and time, and the place, of the hearing of testimony and any other matters necessary for such hearing.
(4)Paragraphs (6) to (10) of Article 7 apply mutatis mutandis to the evidence produced, or the testimony given, pursuant to the provision of the first sentence of paragraph (1) or (2).

(Inspection of evidence, etc.)

Article 11.In the case where an investigation has been initiated, the Minister of Finance shall, within the time limit set forth in item (vii) of paragraph (1) of Article 8, as notified or publicly notified pursuant to the provision of paragraph (1) of the said Article, provide the interested persons with the opportunities to inspect the evidence produced pursuant to the provision of the proviso to paragraph (2) of Article 4, the documents or evidence submitted pursuant to the provision of paragraphs (1) to (5) of Article 7, the evidence produced pursuant to the provision of the first sentence of paragraph (1) or (2) of Article 10 or the first sentence of paragraph (1) or (2) of the preceding Article, the documents or any other evidence recording the testimony given pursuant to the provision of the preceding Articles (excluding the documents and evidence which are, by nature, deemed appropriate to be treated as confidential, the documents and evidence which are submitted by interested persons as confidential information and the documents which record the testimony given as confidential information), or the documents submitted pursuant to the provision of paragraph (6) or (7) or the second sentence of paragraph (9) of Article 7 (including the case where these provisions are applied mutatis mutandis pursuant to paragraph (5) of Article 10 or paragraph (4) of the preceding Article) (referred to as “evidence, etc.” in the next paragraph).
(2)A person who inspects the evidence, etc. pursuant to the provision of the preceding paragraph shall submit to the Minister of Finance a document containing a list of the evidence, etc. which he intends to inspect and the circumstances under which he is to be recognized as being an interested person.

(Simultaneous examination)

Article 12.In the case where an investigation has been initiated, any interested person who requests simultaneous examination with other interested persons who hold conflicting opinions on the matters covered by the investigation shall, within the time limit set forth in item (vii) of paragraph (1) of Article 8, as notified or publicly notified pursuant to the provision of the said paragraph, submit to the Minister of Finance a document stating the circumstances under which he is to be recognized as being an interested person, the names and addresses of the opponents and the matters to be clarified through the simultaneous examination.
(2)In cases where consent has been obtained from the interested person who is requested to attend the simultaneous examination referred to in the preceding paragraph, the Minister of Finance shall provide opportunities for such examination and notify, in advance, the persons concerned in writing of the names and addresses of the persons involved in the examination, the matters to be clarified through the examination, the date and time, and the place, of the examination and any other matters necessary for such examination.
(3)The persons involved in the simultaneous examination who have been notified under the preceding paragraph shall submit, no later than 10 days before the examination, to the Minister of Finance a document stating the opinions which they intend to state in that examination with respect to the matters to be clarified through the examination and the same number of copies of such document as that of the opponents. In this case, the Minister of Finance shall promptly send the opponents the copies so submitted.

(Statement of opinions)

Article 12-2.In the case where an investigation has been initiated, the interested persons, the industrial users of the goods pertaining to the investigation or the representative consumer organizations of such goods may, within the time limit set forth in item (vii) of paragraph (1) of Article 8, as notified or publicly notified pursuant to the provision of the said paragraph, submit their opinions in writing to the Minister of Finance with respect to the matters pertaining to the investigation. However, the representative consumer organizations may submit their opinions only in cases where such goods are marketed for retail sale.
(2)When the Minister of Finance finds it necessary during the investigation period, he may request the interested persons, the industrial users of the goods pertaining to the investigation or the representative consumer organizations of such goods to submit their opinions in writing with respect to the matters pertaining to the investigation.

(Provision of information by industrial users and consumer organizations)

Article 13.In the case where an investigation has been initiated, the industrial users of the goods pertaining to the investigation or the representative consumer organizations of such goods may, within the time limit set forth in item (vii) of paragraph (1) of Article 8, as notified or publicly notified pursuant to the provision of the said paragraph, provide the Minister of Finance in writing with information concerning the matters covered by the investigation. However, the representative consumer organizations may provide information only in cases where such goods are marketed for retail sale.
(2)If the Minister of Finance finds it necessary during the investigation period, he may request the industrial users of the goods pertaining to the investigation or the representative consumer organizations of such goods to provide in writing information concerning the matters covered by the investigation.

(Notification of provisional decision, etc.)

Article 13-2.In the case where an investigation referred to in paragraph (5) of Article 8 of the Act has been initiated, if it has been decided that the fact of imports of dumped goods and the fact of material injury, etc. to a Japanese industry caused by such imports are presumed as provided for in paragraph (8) or (9) of the said Article, the Minister of Finance shall notify the directly interested persons of such decision and the matters which constitute the basis for such decision, and shall also give, in the official gazette, a public notice thereof.

(Offering of undertakings, etc.)

Article 14.When any exporter of the goods pertaining to the investigation referred to in paragraph (5), (13), (22) (including the case where applied mutatis mutandis pursuant to paragraph (31) of Article 8 of the Act) or (27) of Article 8 of the Act intends to offer an undertaking to the Government pursuant to the provision of paragraph (7) of the said Article (including the case where applied mutatis mutandis pursuant to the first sentence of paragraph (14), paragraphs (24) and (28) of the said Article, and the case where paragraph (24) of the said Article is applied mutatis mutandis pursuant to paragraph (31) of the said Article; the same applies in Article 18), he shall submit to the Minister of Finance a document stating his intention, the details of the undertaking to be offered and, if he wishes to have the investigation referred to in paragraph (5) of Article 8 of the Act completed, such wish.
(2)When the undertaking offered as prescribed in the preceding paragraph has been accepted under the first sentence of paragraph (8) of Article 8 of the Act (including the case where applied mutatis mutandis pursuant to the first sentence of paragraph (14), paragraphs (24) and (28) of the said Article and the case where paragraph (24) of the said Article is applied mutatis mutandis pursuant to paragraph (31) of the said Article; the same applies in paragraph (5)), the Minister of Finance shall promptly notify the directly interested persons in writing, (a) of such acceptance and the details of such undertaking (excluding any part of the undertaking which is, by nature, deemed appropriate to be treated as confidential or which has been submitted as confidential information by the exporter who has offered the undertaking), and (b), in cases where it has been decided to discontinue the investigation referred to in paragraph (5) of the said Article, of such decision, the reason for such decision and the date on which the investigation is to be discontinued, or, in cases where it has been decided to continue the investigation, of such decision, and shall also give, in the official gazette, a public notice thereof.
(3)In the case where the investigation referred to in paragraph (5) of Article 8 of the Act has been completed after the undertaking offered, pursuant to the provision of paragraph (7) of the said Article, by the exporter of the goods pertaining to the investigation was accepted under the first sentence of paragraph (8) of the said Article, if the Government finds that the facts provided for in paragraph (5) of the said Article exist with respect to the imports of such goods, the undertaking so accepted shall remain effective, whereas if the Government finds that such facts do not exist, then such undertaking shall cease to be effective. However, the undertaking shall remain effective if the findings that such facts do not exist have been made due in large part to the existence of such undertaking.
(4)In cases where the findings referred to in the preceding paragraph have been made, the Minister of Finance shall promptly notify the directly interested persons in writing of the fact that the undertaking accepted under the first sentence of paragraph (8) of Article 8 of the Act remains effective or has ceased to be effective, as the case may be and of the reason therefor, and shall also give, in the official gazette, a public notice thereof.
(5)In addition to the case where the undertaking ceases to be effective pursuant to the provision of paragraph (3), when the undertaking accepted under the first sentence of paragraph (8) of Article 8 of the Act ceases to be effective, the Minister of Finance shall promptly notify the directly interested persons in writing of that fact and the reason therefor, and shall also give, in the official gazette, a public notice thereof.

(Disclosure of essential facts before making the final decision)

Article 15.The Minister of Finance shall, with reasonable period of time before making a decision as to whether anti-dumping duty is to be imposed pursuant to the provision of paragraph (1) of Article 8 of the Act or whether anti-dumping duty imposed pursuant to the provision of the said paragraph is to be altered (including alteration of the period of time specified under the said paragraph) or abolished, notify the directly interested persons in writing of the essential facts which constitute the basis for such decision.

(Notification of imposing anti-dumping duty, etc.)

Article 16.In cases where a decision has been taken to impose anti-dumping duty pursuant to the provision of paragraph (1) of Article 8 of the Act, to alter (including alteration of the period of time specified under the said paragraph) or abolish anti-dumping duty imposed pursuant to the provision of the said paragraph, or to take the measure prescribed in paragraph (9) of the said Article, or if the period of time specified under paragraph (1) of the said Article has expired (excluding the case where the investigation referred to in paragraph (27) of the said Article is being conducted; hereinafter the same applies in this paragraph), the Minister of Finance shall promptly notify the directly interested persons in writing of that fact and the following matters, and shall also give, in the official gazette, a public notice thereof:
(i)descriptions, brands, types and characteristics, of the goods specified under paragraph (1) or (9) of Article 8 of the Act;
(ii)the supplier or supplying country of the goods specified under paragraph (1) or (9) of Article 8 of the Act;
(iii)the period of time specified under paragraph (1) or (9) of Article 8 of the Act (if anti-dumping duty imposed pursuant to the provision of paragraph (1) of the said Article is to be abolished, the date of such abolition shall be included);
(iv)the facts found by investigation and the conclusion derived therefrom (except when the period of time specified under paragraph (1) of Article 8 of the Act has expired);
(v)in addition to imposing anti-dumping duty pursuant to the provision of paragraph (1) of Article 8 of the Act, if it has been decided to impose anti-dumping duty pursuant to the provision of paragraph (2) of the said Article, the goods covered by the decision and the reason therefor;
(vi)any other relevant matters.
(2)In cases where, as a result of the investigation, it has been decided not to impose anti-dumping duty under paragraph (1) of Article 8 of the Act or not to alter (including alteration of the period of time specified under the said paragraph) or abolish anti-dumping duty imposed pursuant to the provision of the said paragraph, the Minister of Finance shall promptly notify the directly interested persons in writing of such decision and the following matters, and shall also give, in the official gazette, a public notice thereof:
(i)descriptions, brands, types and characteristics, of the goods pertaining to the investigation;
(ii)the supplier or supplying country of the goods pertaining to the investigation;
(iii)the facts found by the investigation and the conclusion derived therefrom;
(iv)any other relevant matters.
(3)The preceding paragraph applies mutatis mutandis to the case where it has been decided to discontinue an investigation (excluding the case where it has been decided to discontinue an investigation pursuant to the provision of the second sentence of paragraph (8) of Article 8 of the Act). In this case, the term “the facts found by the investigation and the conclusion derived therefrom” in the preceding paragraph shall be read as “the facts found at the time of discontinuance of the investigation and the reason for the discontinuance of the investigation”.

(Period of time of provisional measure)

Article 17.The period of time to be prescribed by Cabinet Order, as provided for in paragraph (9) of Article 8 of the Act shall be within four months. However, if the situation falls under any of the following cases, the period of time shall be within six months, whereas if the situation falls under both of the following cases, the period of time shall be within nine months:
(i)in the case where it is made clear that an examination will be carried out to determine whether anti-dumping duty lower than the dumping margin is to be imposed;
(ii)in the case where an exporter (limited to the case where the goods pertaining to the exporter represent a significant proportion of the total trade in the goods at issue; the same applies in the next paragraph) of the goods covered by the measure prescribed in paragraph (9) of Article 8 of the Act (hereinafter referred to as “provisional measure”) requests, in advance, a period exceeding four months as the period of the provisional measure.
(2)In cases where an exporter of the imported goods pertaining to the investigation referred to in paragraph (5) of Article 8 of the Act requests a period of time exceeding four months as the period of the provisional measure pertaining to such goods, he shall submit to the Minister of Finance a document stating such request and the reason therefor before the day on which a period of 60 days expires from the date of initiation of the investigation referred to in the said paragraph.

(Provision of security for goods pertaining to new suppliers, etc.)

Article 17-2.In cases where a decision is taken to order, pursuant to the provision of paragraph (18) of Article 8 of the Act, provision of security with respect to goods exported or produced by a new supplier (i.e., the new supplier provided for in paragraph (12) of Article 8 of the Act) pertaining to the investigation referred to in paragraph (13) of the said Article, the Minister of Finance shall notify the Director General of Customs of the name of the new supplier pertaining to the decision and the amount of security to be provided, and the Director General of Customs shall, based on the notification, order a person who imports such goods during the period of investigation provided for in paragraph (15) of the said Article (hereinafter in this paragraph referred to as “importer”) to provide security pertaining to the decision; provided, however, that this does not apply to the case where the Director General of Customs finds it unnecessary to order provision of the security, taking account of the financial resources of the importer.
(2)In the case where the investigation referred to in paragraph (13) of Article 8 of the Act has been concluded, if it has been decided to abolish, pursuant to the provision of paragraph (15) of the said Article, the anti-dumping duty imposed under paragraph (1) of the said Article, the Director General of Customs shall promptly take necessary steps to release the security provided pursuant to the provision of the preceding paragraph.
(3)In the case where it has been decided to alter, pursuant to the provision of paragraph (16) of Article 8 of the Act, the anti-dumping duty imposed pursuant to the provision of paragraph (1) of the said Article, if the amount of security provided under paragraph (1) exceeds the amount of the anti-dumping duty so altered, the Director General of Customs shall promptly take necessary steps to release the amount of security corresponding to the excess part of the security.

(Consultations, etc. on investigation)

Article 18.The Minister of Finance, the Minister having jurisdiction over the Japanese industry provided for in paragraph (1) of Article 8 of the Act (hereinafter in this Article referred to as “the Minister having jurisdiction over the industry”) and the Minister of Economy, Trade and Industry shall, if it is found necessary to initiate an investigation, notify each other of that fact. In this case, 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 (including transmitting from the Minister of Finance to the Minister having jurisdiction over the industry and the Minister of the Economy, Trade and Industry copies of documents submitted pursuant to the provision of paragraphs (1) to (5) of Article 7 and paragraph (1) of Article 14) with respect to the investigation (including the handling of the results of the investigation) and the undertaking prescribed in paragraph (7) of Article 8 of the Act, and any determination on important matters involved shall be made after having consulted with each other.

(Refund)

Article 19.An importer who seeks refund of anti-dumping duty pertaining to the specified goods pursuant to the provision of paragraph (32) of Article 8 of the Act shall submit a written request for refund, stating the amount of anti-dumping duty to be refunded and the basis for calculation of such amount, accompanied by sufficient evidence which justifies his request for such refund, to the Director General of Customs having jurisdiction over the place of importation of such specified goods. In this case, the Director General of Customs shall transmit a copy of the written request and the evidence to the Minister of Finance.
(2)The second sentence of the preceding Article applies mutatis mutandis to the case where the investigation referred to in paragraph (33) of Article 8 of the Act has been initiated.
(3)In cases where a decision has been taken to extend, pursuant to the provision of the proviso to paragraph (34) of Article 8 of the Act, the investigation period referred to in paragraph (33) of the said Article, the Minister of Finance shall promptly notify in writing the importer who has made a request pursuant to the provision of paragraph (32) of the said Article of such decision, the investigation period so extended and the reason for the extension.
(4)In cases where the investigation referred to in paragraph (33) of Article 8 of the Act has been concluded, the Minister of Finance shall notify the result of the investigation to the Director General of Customs, and the Director General of Customs shall, based on the notification, refund without delay the anti-dumping duty in an amount up to the amount pertaining to the request or notify in writing the importer who has made the request that his request is unsubstantiated.

(Referral to the Council on Customs, Tariff, Foreign Exchange and other Transactions)

Article 20.If it is, on the basis of the result of investigation, found necessary to impose anti-dumping duty pursuant to the provision of paragraph (1) of Article 8 of the Act, to alter (including alteration of the period of time specified pursuant to the provision of the said paragraph) or abolish anti-dumping duty imposed pursuant to the provision of the said paragraph or to take a provisional measure, the Minister of Finance shall promptly refer the matter to the Council on Customs, Tariff, Foreign Exchange and other Transactions.