Cabinet Order on Emergency Duty, etc.

(Japanese industry)

Article 1.The Japanese industry provided for in paragraph (1) of Article 9 of the Customs Tariff Act (hereinafter referred to as “the Act”) means those Japanese producers whose collective output of the goods of the same kind as the imported goods at issue or of the goods competing in their uses directly with such imported goods (hereinafter referred to as “the like goods, etc.”) constitutes a major proportion of the total production of such goods in Japan.

(Public notice of initiation of investigation)

Article 2.When a decision has been taken to initiate an investigation referred to in paragraph (6) of Article 9 of the Act (including the case where applied mutatis mutandis pursuant to paragraph (11) of the said Article) (hereinafter simply referred to as “investigation”), the Minister of Finance shall promptly give, in the official gazette, a public notice of that decision and the following matters:
(i)descriptions, brands, types and characteristics, of the goods pertaining to the investigation;
(ii)the date on which the investigation is to be initiated;
(iii)the period of time covered by the investigation;
(iv)a summary of the matters covered by the investigation;
(v)the time limit for production of evidence and testimony prescribed in the first sentence of paragraph (1) of Article 4, for statement of opinions prescribed in paragraph (1) of Article 5, for provision of information prescribed in the first sentence of paragraph (1) of Article 6 and for inspection of evidence, etc., opinions and information, etc. prescribed in paragraph (1) of Article 7;
(vi)the time limit for production of evidence and testimony prescribed in paragraph (1) of Article 8, for statement of opinions prescribed in paragraph (3) of the said Article and for provision of information prescribed in paragraph (4) of the said Article;
(vii)any other relevant matters.

(Extension of the investigation period)

Article 3.When a decision has been taken to extend the investigation period pursuant to the provision of the second sentence of paragraph (7) of Article 9 of the Act (including the case where applied mutatis mutandis pursuant to paragraph (11) of the said Article), the Minister of Finance shall promptly give, in the official gazette, a public notice of that decision, the investigation period so extended and the reason for the extension.

(Production of evidence, etc.)

Article 4.In the case where an investigation has been initiated, any interested person may, within the time limit set forth in item (v) of Article 2, as publicly notified pursuant to the provision of the said Article, produce evidence or give testimony to the Minister of Finance with respect to the fact or the circumstances as provided for respectively in paragraph (6) or (10) of Article 9 of the Act. In this case, a person who produces evidence or gives testimony shall submit a document stating the fact to be proved by evidence or testimony and, if he requests such evidence or testimony to be treated as confidential, such request and the reason therefor (the “interested person” as used in this paragraph means an exporter or a producer of the imported goods at issue, or an organization thereof (limited to an organization in which the majority of direct or indirect members is composed of exporters or producers of such imported goods), an importer of such imported goods or an organization thereof (limited to an organization in which the majority of direct or indirect members is composed of importers of such imported goods), a producer of the like goods, etc. in Japan or an organization thereof (limited to an organization in which the majority of direct or indirect members is composed of producers of the like goods, etc. in Japan) and a labor union composed of direct or indirect members engaged in the production of the like goods, etc. in Japan (limited to a labor union in which the majority of direct or indirect members is composed of persons engaged in the production of the like goods, etc. in Japan); the same applies hereinafter).
(2)The Minister of Finance may, if he finds it necessary during the investigation period, request the interested person to produce evidence or give testimony with respect to the fact or the circumstances as provided for respectively in paragraph (6) or (10) of Article 9 of the Act. In this case, a person who produces evidence or gives testimony shall, if he requests such evidence or testimony to be treated as confidential, submit a document stating such request and the reason therefor.
(3)In cases where the interested person seeks 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 interested person in writing of the date and time and the place, of the hearing of testimony and of any other necessary matters for such hearing.
(4)If the evidence produced pursuant to the provision of the first sentence of paragraph (1) or (2) is found appropriate to be treated as confidential (hereinafter in this Article referred to as “confidential evidence”), the Minister of Finance shall request the person who has produced such evidence to submit a document containing such confidential evidence in a summary form which is not required to be treated as confidential.
(5)If a person who has been requested to submit a document referred to in the preceding paragraph considers that the confidential evidence provided for in the said paragraph cannot to be so summarized, he shall submit to the Minister of Finance a document stating such fact and the reason therefor.
(6)In cases where a person who has been requested to submit a document pertaining to the confidential evidence pursuant to the provision of paragraph (4) fails to submit any of the documents provided for in the preceding two paragraphs or where the contents of the document submitted by that 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.
(7)In cases when the Minister of Finance finds it inappropriate to treat, as confidential, the evidence produced pursuant to the provision of the first sentence of paragraph (1) or (2), which is requested to be treated as confidential by the person who 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 as confidential, nor does he submit any document containing a summary of evidence deemed appropriate, the Minister of Finance may elect not to examine the evidence which has been requested to be treated as confidential.
(8)If the Minister of Finance, pursuant to the provision of the preceding two paragraphs, elects not to examine the evidence produced under the first sentence of paragraph (1) or (2), he shall promptly notify in writing the person who has produced such evidence of that fact and the reason therefor.
(9)Paragraphs (4) to (8) apply mutatis mutandis to the testimony given pursuant to the provision of the first sentence of paragraph (1) or (2).

(Statement of opinions)

Article 5.In the case where an investigation has been initiated, interested persons, industrial users or sellers of the goods pertaining to the investigation or organizations thereof (hereinafter referred to as “industrial users, etc.”), or representative consumer organizations of such goods (hereinafter referred to as “representative consumer organizations”) may, within the time limit set forth in item (v) of Article 2, as publicly notified pursuant to the provision of the said Article, submit their opinions in writing to the Minister of Finance with respect to 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)The Minister of Finance may, if he finds it necessary during the investigation period, request the interested persons, industrial users, etc. or representative consumer organizations to submit their opinions in writing with respect to the matters pertaining to the investigation.

(Provision of information by industrial users, etc. and consumer organizations)

Article 6.In the case where an investigation has been initiated, the industrial users, etc. or representative consumer organizations may, within the time limit set forth in item (v) of Article 2, as publicly notified pursuant to the provision of the said Article, provide the Minister of Finance in writing with information concerning the matters covered by the investigation. In this case, any person who intends to provide information shall, if he requests such information to be treated as confidential, submit a document stating such request and the reason therefor.
(2)Any representative consumer organization may provide information pursuant to the provision of the first sentence of the preceding paragraph only in cases where the goods pertaining to the investigation are marketed for retail sale.
(3)If the Minister of Finance finds it necessary during the investigation period, he may request the industrial users, etc. or representative consumer organizations to provide information in writing with respect to the matters covered by the investigation. In this case, any person who provides information shall, if he requests such information to be treated as confidential, submit a document stating such request and the reason therefor.
(4)Paragraphs (4) to (8) of Article 4 apply mutatis mutandis to the information provided pursuant to the provision of the first sentence of paragraph (1) or (3).

(Inspection of evidence, etc., opinions and information, etc.)

Article 7.In the case where an investigation has been initiated, the Minister of Finance shall, within the time limit set forth in item (v) of Article 2, as publicly notified pursuant to the provision of the said Article, provide interested persons, industrial users, etc. or representative consumer organizations with the opportunities to inspect (a) the evidence produced under the first sentence of paragraph (1) or (2) of Article 4, the documents recording the testimony given under these provisions or other evidence (excluding the evidence and the records of testimony which are, by nature, deemed appropriate to be treated as confidential, the evidence produced by interested persons as confidential information and the records of testimony given as confidential information), or the documents submitted under paragraph (4) or (5) or the second sentence of paragraph (7) of the said Article (including the case where these provisions are applied mutatis mutandis pursuant to paragraph (9) of the said Article) (hereinafter in this Article and in the next Article the evidence and documents identified herein are referred to as “evidence, etc.”), (b) the opinions stated under paragraph (1) or (2) of Article 5 (hereinafter in this Article and in the next Article simply referred to as “opinions”), and (c) the information provided under the first sentence of paragraph (1) or (3) of the preceding Article (excluding the information which is, by nature, deemed appropriate to be treated as confidential and the information which is requested by industrial users, etc. or representative consumer organizations to be treated as confidential) or the documents submitted under paragraph (4) or (5) or the second sentence of paragraph (7), of Article 4, as applied mutatis mutandis pursuant to paragraph (4) of the preceding Article (hereinafter in this Article and in the next Article referred to as “information, etc.”). However, any representative consumer organization may inspect evidence, etc., opinions or information, etc. only in cases where the goods covered by the investigation are marketed for retail sale.
(2)A person who intends to inspect evidence, etc. opinions or information, 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., opinions or information, etc. which he intends to inspect and the circumstances under which he is to be recognized as being the interested person, industrial user, etc. or representative consumer organization.

(Production of evidence, etc., statement of opinions and provision of information relating to the evidence, etc., opinions and information, etc. for which an opportunity to inspect is to be provided)

Article 8.Any interested person may, within the time limit set forth in item (vi) of Article 2, as publicly notified pursuant to the provision of the said Article, produce evidence or give testimony to the Minister of Finance with respect to the evidence, etc., opinions or information, etc. for which an opportunity to inspect is to be provided pursuant to the provision of paragraph (1) of the preceding Article.
(2)In cases where a request for testimony prescribed in the preceding paragraph is made by any interested person, the Minister of Finance shall notify the 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.
(3)Interested persons, industrial users, etc. or representative consumer organizations may, within the time limit set forth in item (vi) of Article 2, as publicly notified pursuant to the provision of the said Article, submit their opinions in writing to the Minister of Finance with respect to the evidence, etc., opinions or information, etc. for which an opportunity to inspect is to be provided pursuant to the provision of paragraph (1) of the preceding Article. However, the representative consumer organizations may state their opinions only in cases where the goods covered by the investigation are marketed for retail sale.
(4)Industrial users, etc. or representative consumer organizations may, within the time limit set forth in item (vi) of Article 2, as publicly notified pursuant to the provision of the said Article, provide information in writing to the Minister of Finance with respect to the evidence, etc., opinions or information, etc. for which an opportunity to inspect is to be provided pursuant to the provision of paragraph (1) of the preceding Article. However, the representative consumer organizations may provide information only in cases where the goods covered by the investigation are marketed for retail sale.

(Public hearings)

Article 9.If the Minister of Finance finds that the evidence produced or testimony given pursuant to the provision of the first sentence of paragraph (1) or (2) of Article 4 or paragraph (1) of the preceding Article, the opinions stated pursuant to the provision of paragraph (1) or (2) of Article 5 or paragraph (3) of the preceding Article or the information provided pursuant to the provision of the first sentence of paragraph (1) or (3) of Article 6 or paragraph (4) of the preceding Article is insufficient, he may, during the investigation period, hold a public hearing concerning the investigation to hear the testimony of the interested persons or the opinions of the interested persons, industrial users, etc. or representative consumer organizations, or receive information from the industrial users, etc. or representative consumer organizations.

(Public notice of provisional determination)

Article 9-2.In the case where the investigation referred to in paragraph (6) of Article 9 of the Act has been initiated, if it has been decided that the fact of increased imports of particular products and the fact of serious injury, etc. to a Japanese industry caused by such imports are presumed as provided for in paragraph (8) of the said Article, the Minister of Finance shall give, in the official gazette, a public notice of that decision and the fact that constitutes the basis for such decision.

(Public notice of imposing emergency duty, etc.)

Article 10.When a decision has been made to take the measure prescribed in paragraph (1) or (8) of Article 9 of the Act, to extend, pursuant to the provision of paragraph (10) of the said Article, the measure prescribed in paragraph (1) of the said Article or to withdraw or liberalize the measure prescribed in paragraph (1) of the said Article, the Minister of Finance shall promptly give, in the official gazette, a public notice of that decision and the following matters:
(i)descriptions, brands, types and characteristics, of the goods specified under paragraph (1) or (8) of Article 9 of the Act;
(ii)the period of time specified under paragraph (1) or (8) of Article 9 of the Act (if the measure prescribed in paragraph (1) of the said Article is withdrawn or liberalized, the date of such withdrawal or liberalization shall be included);
(iii)the place of origin of products imported from a developing country in small quantities as provided for in the proviso to paragraph (1) or (8) of Article 9 of the Act, in cases where such products have been excluded from those to be specified pursuant to these provisions;
(iv)the facts found by investigation and the conclusion derived therefrom (except in the case where the measure prescribed in paragraph (1) of Article 9 of the Act is withdrawn or liberalized);
(v)the details of the liberalization, in the case where the measure prescribed in paragraph (1) of Article 9 of the Act has been liberalized;
(vi)any other relevant matters.
(2)In cases where, as a result of the investigation, it has been decided not to take any measure prescribed in paragraph (1) of Article 9 of the Act or not to extend such measure pursuant to the provision of paragraph (10) of the said Article, the Minister of Finance shall promptly give, in the official gazette, a public notice of such decision and the following matters:
(i)descriptions, brands, types and characteristics, of the goods pertaining to the investigation;
(ii)the facts found by investigation and the conclusion derived therefrom;
(iii)any other relevant matters.

(Consultations, etc. on investigation)

Article 11.If the Minister having jurisdiction over the Japanese industry as provided for in paragraph (1) of Article 9 of the Act (hereinafter in this Article referred to as “the Minister having jurisdiction over the industry”) finds it necessary, taking account of any request made by a person having an interest in such industry or any 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, among themselves, consultation about the initiation of an investigation, after providing them with materials necessary for evaluating whether there is sufficient evidence to initiate an investigation, including 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 such kind of goods as provided for in the said paragraph (including the data obtained after making reasonable adjustment to such statistical data) and the figures showing the domestic sales and production of such goods.
(2)In cases where the notification referred to in the preceding paragraph is given, the Minister of Finance, the Minister having jurisdiction over the industry and the Minister of Economy, Trade and Industry shall, after evaluating whether there is sufficient evidence as referred to in the preceding paragraph, decide whether an investigation is or is not to be initiated.
(3)In cases where it has been decided 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 the handling of the results thereof), and any determination on important matters involved shall be made after having consulted with each other.

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

Article 12.The Minister of Finance shall, if it is found necessary to take the measure prescribed in paragraph (1), (3), (4) or (8) of Article 9 of the Act, to extend, pursuant to the provision of paragraph (10) of the said Article, the measure prescribed in paragraph (1) of the said Article or to withdraw or liberalize the measure prescribed in paragraph (1), (3) or (4) of the said 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 (8) of the said Article.
(2)In the case where the measure prescribed in paragraph (8) of Article 9 of the Act has been taken under the proviso to the preceding paragraph, the Minister of Finance shall promptly report the details of such measure to the Council on Customs, Tariff, Foreign Exchange and other Transactions.