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 mutatis mutandis 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.In cases where 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”), 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 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, 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 mutatis mutandis pursuant to the next Article;
(vi)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 mutatis mutandis pursuant to the next Article;
(vii)any other relevant matters.

(Production of evidence, etc.)

Article 3.Articles 4 to 9 of the Cabinet Order apply mutatis mutandis 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 shall be read as “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 shall be read as “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.In cases where 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 provision of paragraph (2) 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 such fact and the following matters:
(i)descriptions, brands, types and characteristics, of the goods pertaining to designation prescribed in paragraph (1) or (7) of Article 7-7 of the Act;
(ii)the period of time specified pursuant to 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 the said Article is withdrawn or liberalized);
(iii)the fact found as a result of 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 provision of paragraph (2) of the said Article or where the measure taken under paragraph (1) of the said Article is withdrawn or liberalized);
(iv)if the measure prescribed in paragraph (1) of Article 7-7 of the Act is extended pursuant to the provision of paragraph (2) of the said Article, the reason therefor;
(v)if the measure prescribed in paragraph (1) of Article 7-7 of the Act is liberalized, the details of the liberalization;
(vi)any other relevant matters.
(2)In cases where, as a result of the investigation, a decision has been made not to take the measure prescribed in paragraph (1) of Article 7-7 of the Act, 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 fact found as a result of the investigation and the conclusion derived therefrom;
(iii)any other relevant matters.

(Consultation relating to the investigation, etc.)

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, taking account of the request made by any person having an interest in such 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 pertaining to initiation of the investigation, after providing these Ministers with the statistical figures 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 as provided for in paragraph (1) of Article 7-7 of the Act (including figures obtained by making reasonable adjustment to such statistics), figures indicating the details of the domestic sales and production, of such goods and any other necessary materials for determining whether there is sufficient evidence to substantiate initiation of the investigation.
(2)In cases where notification referred to in the preceding paragraph has been made, the Minister of Finance, the Minister having jurisdiction over the industry and the Minister of Economy, Trade and Industry shall determine whether the evidence referred to in the said paragraph has been produced, and shall decide whether the investigation is or is not to be initiated.
(3)In cases where 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 the handling of the result 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 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 provision of paragraph (2) 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 (7) of the said Article.
(2)In the case where the measure prescribed in paragraph (7) of Article 7-7 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.