Article 1.The term “supplier”, “supplying country”, “designated goods” or “refundable amount” as used in this Cabinet Order means the supplier, supplying country, designated goods or refundable amount as defined respectively in paragraph (1) or (29) of Article 7 of the Customs Tariff Act (hereinafter referred to as “the Act”).

Article 2.The Japanese industry provided for in paragraph (1) of Article 7 of the Act means those Japanese producers whose collective output of goods of the same kind as the imported goods at issue, constitutes a major proportion of the total production of these goods in Japan.

(2)The Japanese producers referred to in the preceding paragraph do not include those producers who have any of the relationships as set forth in the following and those producers who have imported the goods at issue or the goods of the same kind as the imported goods on or after the day six months preceding the date on which the request prescribed in paragraph (5), (18) (including the cases where applied pursuant to paragraph (28) of Article 7 of the Act) or (23) of Article 7 of the Act was made (or, if the investigation referred to in paragraph (6), (19) (including the cases where applied pursuant to paragraph (28) of that Article) or (24) of that Article is conducted in the situation where the request prescribed in these paragraphs has not been made, then the date on which the investigation is initiated), unless the quantities of their imports are small; provided, however, that this does not apply to the cases where the producer having any of the relationships as set forth in the following has produced evidence to demonstrate that the effect of the relationships is not such as to cause the producer to behave differently from other producers not having such relationships, or to the cases where the producer who imported goods at issue or goods of the same kind as the imported goods has produced evidence to demonstrate that the main part of the business relating to the imported goods at issue and the goods of the same kind as the imported goods is production of the goods of the same kind in Japan if this assertion is found to be substantiated by the evidence:

Article 3.Persons having an interest in the Japanese industry as provided for in paragraphs (5), (18) and (23) of Article 7 of the Act mean those as set forth in the following:

(2)Producers not to be included in the Japanese producers referred to in paragraph (1) of the preceding Article pursuant to the provisions of paragraph (2) of that Article and the output of goods of the same kind as the imported goods produced in Japan by these producers are not included in the Japanese producers and the total output referred to in item (i) of the preceding paragraph, and the persons engaged in production of the goods of the producers not to be included in the Japanese producers referred to in paragraph (1) of the preceding Article pursuant to the provisions of paragraph (2) of that Article are not included in persons engaged in the production as referred to in item (ii) of the preceding paragraph.

Article 4.A person who seeks to request the Government to impose countervailing duty pursuant to the provisions of paragraph (5) of Article 7 of the Act (hereinafter in this paragraph referred to as “applicant”) shall submit to the Minister of Finance a document stating the matters as set forth in the following, accompanied by sufficient evidence for the fact of imports of subsidized goods and the fact of material injury, etc. to a Japanese industry caused by the imports, as provided for in that paragraph:

(2)With respect to countervailing duty imposed pursuant to the provisions of paragraph (1) of Article 7 of the Act, if an uninvestigated supplier provided for in paragraph (13) of Article 7 of the Act (hereinafter in this paragraph referred to as “applicant”) seeks to request, pursuant to the provisions of that paragraph, the Government to alter or abolish the countervailing duty, the applicant shall submit to the Minister of Finance a document stating the matters as set forth in the following, accompanied by sufficient evidence demonstrating the fact that the amount of countervailing duty imposed on the goods of the applicant is different from the actual amount of subsidies for the goods:

(3)With respect to countervailing duty imposed pursuant to the provisions of paragraph (1) of Article 7 of the Act, if a person seeks to request, pursuant to the provisions of paragraph (18) of that Article, the Government to alter or abolish the countervailing duty (hereinafter in this paragraph referred to as “applicant”), the applicant shall submit to the Minister of Finance a document stating the matters as set forth in the following, accompanied by sufficient evidence demonstrating the changes in circumstances as set forth in item (i) or (ii) of paragraph (17) of that Article:

(4)With respect to the period designated under paragraph (7) of Article 7 of the Act, relating to countervailing duty imposed pursuant to the provisions of that paragraph, if a person seeks to request, pursuant to the provisions of paragraph (23) of that Article, the Government to extend the period (hereinafter in this paragraph referred to as “applicant”), the applicant shall submit to the Minister of Finance a document stating the matters as set forth in the following, accompanied by sufficient evidence demonstrating that the subsidized imports of the designated goods and the fact of material injury, etc. to a Japanese industry caused by the imports, as provided for in paragraph (23) of that Article is likely to continue or recur after expiry of the designated period:

(5)Paragraph (3) applies to the cases where the undertaking accepted under the first sentence of paragraph (9) of Article 7 of the Act (including the cases where applied pursuant to the first sentence of paragraph (15), paragraph (21) or paragraph (25) of that Article and the cases where paragraph (21) of that Article applies pursuant to paragraph (28) of that Article) is requested to be altered (including alteration of the effective period) under paragraph (18) of that Article, as applied pursuant to paragraph (28) of that Article.

(6)The Minister of Finance, if any of the evidence, etc. produced pursuant to the provisions of the preceding paragraphs is found appropriate to be treated as confidential (hereinafter in this Article referred to as “confidential evidence, etc.”), requests the person who has produced the evidence, etc. to submit a written summary of the confidential evidence, etc. which is not required to be treated as confidential.

(7)If a person who has been requested to submit the summary referred to in the preceding paragraph considers that the confidential evidence, etc. provided for in that paragraph cannot be so summarized, the person shall submit to the Minister of Finance a document stating that fact and the reason therefor.

(8)The Minister of Finance, if a person who has been requested to submit a summary of the confidential evidence, etc. pursuant to the provisions of paragraph (6) fails to submit the summary prescribed in the preceding two paragraphs or if the contents of the summary submitted by that person pursuant to the provisions of the preceding two paragraphs are found inappropriate, the Minister of Finance may elect not to examine the confidential evidence, etc.

(9)The Minister of Finance, if it is found inappropriate to treat as confidential any of the evidence, etc. produced pursuant to the provisions of paragraphs (1) to (5) and requested to be treated as confidential by the person who has produced the evidence, etc., notifies promptly the person of that fact and the reason therefor. In this case, if the person does not withdraw the request for treating the evidence etc. as confidential, nor does the person submit any document containing a summary of the evidence, etc. which is found to be appropriate, the Minister of Finance may elect not to examine the evidence, etc. requested to be treated as confidential.

(10)If the Minister of Finance, pursuant to the provisions of the preceding two paragraphs, elects not to examine the evidence, etc. produced under paragraphs (1) to (5), the Minister of Finance shall promptly notify in writing the person who has produced the evidence, etc. of that fact and the reason therefor.

Article 5.When a decision has been taken to initiate an investigation referred to in paragraph (6), (14), (19) (including the cases where applied pursuant to paragraph (28) of Article 7 of the Act) or (24) of Article 7 of the Act (hereinafter simply referred to as “investigation”, except in Article 11, paragraph (1) (excluding the items thereof) of Article 13 and Article 15), the Minister of Finance shall promptly notify in writing the directly interested persons of that fact and the matters set forth in the following and shall also give in the official gazette a public notice thereof (the directly interested persons mean the suppliers of goods subject to the investigation or the organizations thereof (limited to those organizations in which the majority of direct or indirect members are suppliers of the goods), the importers of goods subject to the investigation and the organizations thereof (limited to those organizations in which the majority of direct or indirect members are importers of the goods), the applicant involved in the investigation (i.e., the person who has made a request prescribed in paragraph (5), (13), (18) (including the cases where applied pursuant to paragraph (28) of Article 7 of the Act) or (23) of Article 7 of the Act; the same applies in this Article) and other persons who are found by the Minister of Finance to be those having a particular interest in the investigation; hereinafter the same applies):

(2)When the Minister of Finance issues a notification to the directly interested persons pursuant to the provisions of the preceding paragraph, the Minister of Finance shall send a written notification provided for in that paragraph to these persons other than the applicant, together with copies of documents and evidence submitted pursuant to the provisions of paragraphs (1) to (5) of the preceding Article (excluding part of documents and evidence found, by their nature, appropriate to be treated as confidential or submitted by the applicant as confidential information).

(3)When a request prescribed in paragraph (5), (13), (18) (including the cases where applied pursuant to paragraph (28) of Article 7 of the Act) or (23) of Article 7 of the Act has been made, if it has been decided not to initiate an investigation, the Minister of Finance shall promptly notify the applicant in writing of that fact and the reason therefor.

Article 6.If a decision has been taken to extend investigation period pursuant to the provisions of the proviso to paragraph (7) of Article 7 of the Act (including the cases where applied pursuant to the first sentence of paragraph (15) of that Article) or the proviso to paragraph (20) of that Article (including the cases where applied pursuant to paragraph (25) or (28) of that Article), the Minister of Finance shall promptly notify the directly interested persons in writing of that fact, the investigation period so extended and the reason for the extension and shall also give in the official gazette a public notice thereof.

Article 7.When an investigation has been initiated, any interested persons (i.e., the directly interested persons, the producers, etc. concerned (in the case of organizations of the producers, etc. concerned, limited to those organizations in which the majority of direct or indirect members are Japanese producers of the goods) and the labor unions concerned (limited to those labor unions in which the majority of direct or indirect members are those engaged in Japan in the production of goods of the same kind as the imported 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 5, as notified or publicly notified pursuant to the provisions of that paragraph, produce evidence or give testimony to the Minister of Finance with respect to the facts provided for in paragraph (6) or (14) of Article 7 of the Act, the changes in circumstances provided for in paragraph (19) of that Article (including the cases where applied pursuant to paragraph (28) of that Article) or the likelihood provided for in paragraph (24) of that Article. In this case, a person who produces evidence or gives testimony shall submit in writing the facts which the person seeks to prove by evidence or testimony and, if the person requests the evidence or the testimony to be treated as confidential, that fact and the reason therefor.

(2)The Minister of Finance, if it is found necessary during the investigation period, may request the interested persons to produce evidence or give testimony with respect to the facts provided for in paragraph (6) or (14) of Article 7 of the Act, the changes in circumstances provided for in paragraph (19) of that Article (including the cases where applied pursuant to paragraph (28) of that Article) or the likelihood provided for in paragraph (24) of that Article. In this case, if a person who produces evidence or gives testimony requests the evidence or testimony to be treated as confidential, the person shall submit a document stating that fact and the reason therefor.

(3)The Minister of Finance, if any interested person has sought testimony prescribed in the first sentence of paragraph (1) or if the person is sought testimony pursuant to the provisions of the first sentence of the preceding paragraph, shall notify the interested person in writing of the date and time, and the place of the hearing of the testimony and other matters necessary for the hearing.

(4)When the Minister of Finance has requested any interested persons to produce evidence or give testimony pursuant to the provisions of the first sentence of paragraph (2), the decision referred to in Article 10-2 (excluding any decision taken prior to the request for the evidence or testimony) and the decision referred to in Article 12 shall be taken only after the evidence has been produced or the testimony has been given; provided, however, that this does not apply if the interested person fails to produce evidence or fails to give testimony within a reasonable period.

(5)Paragraphs (6) to (10) of Article 4 apply to the evidence produced or the testimony given, pursuant to the provisions of the first sentence of paragraph (1) or (2).

Article 8.When an investigation has been initiated, the Minister of Finance shall, within the time limit set forth in item (vii) of paragraph (1) of Article 5, as notified or publicly notified pursuant to the provisions of paragraph (1) of that Article, provide the interested persons with an opportunity to inspect evidence produced under the proviso to paragraph (2) of Article 2, documents or evidence submitted under paragraphs (1) to (5) of Article 4, evidence produced under the first sentence of paragraph (1) or (2) of the preceding Article, documents or any other evidence which records testimony given under these paragraphs (excluding documents and evidence found, by their nature, appropriate to be treated as confidential, documents and evidence submitted by interested persons as confidential information and documents which record testimony given as confidential information) or documents submitted under paragraph (6) or (7) of Article 4 or the second sentence of paragraph (9) of that Article (including the cases where applied pursuant to paragraph (5) of the preceding Article) (referred to as “evidence, etc.” in the next paragraph).

(2)A person who seeks to inspect evidence, etc. pursuant to the provisions of the preceding paragraph shall submit to the Minister of Finance a document containing a list of evidence, etc. which the person seeks to inspect and the circumstances under which the person falls under an interested person.

Article 9.When an investigation has been initiated, the interested persons, the industrial users of the goods subject to the investigation or the representative consumer organizations of the goods may, within the time limit set forth in item (vii) of paragraph (1) of Article 5, as notified or publicly notified pursuant to the provisions of that paragraph, submit their opinions in writing to the Minister of Finance with respect to the matters concerning the investigation; provided, however, that the representative consumer organizations may submit their opinions only when the goods are marketed for retail sale.

(2)The Minister of Finance, if it is found necessary during the investigation period, may request the interested persons, the industrial users of the goods subject to the investigation or the representative consumer organizations of the goods to submit their opinions in writing with respect to the matters concerning the investigation.

Article 10.When an investigation has been initiated, the industrial users of the goods subject to the investigation or the representative consumer organizations of the goods may, within the time limit set forth in item (vii) of paragraph (1) of Article 5, as notified or publicly notified pursuant to the provisions of that paragraph, provide information in writing to the Minister of Finance with respect to the matters covered by the investigation; provided, however, that the representative consumer organizations may provide information only when the goods are marketed for retail sale.

(2)The Minister of Finance, if it is found necessary during the investigation period, may request the industrial users of goods subject to the investigation or the representative consumer organizations of the goods to provide information in writing with respect to the matters covered by the investigation.

Article 10-2.When the investigation referred to in paragraph (6) of Article 7 of the Act has been initiated, if it has been decided that the fact of imports of subsidized goods and the fact of material injury, etc. to a Japanese industry caused by the imports are presumed as provided for in paragraph (9) or (10) of that Article, the Minister of Finance notifies the directly interested persons of that decision and the facts which form the basis for that decision, and also gives in the official gazette a public notice thereof.

Article 11.If any authorities of supplying countries or exporters, of goods subject to the investigation referred to in paragraph (6), (14), (19) (including the cases where applied pursuant to paragraph (28) of Article 7 of the Act) or (24) of Article 7 of the Act seek to offer undertakings to the Government pursuant to the provisions of paragraph (8) of that Article (including the cases where applied pursuant to the first sentence of paragraph (15), paragraphs (21) and (25) of that Article and the cases where paragraph (21) of that Article applies pursuant to paragraph (28) of that Article; the same applies in Article 14), they shall submit to the Minister of Finance a document stating that fact, the details of the undertakings to be offered and, if they wish to have the investigation referred to in paragraph (6) of Article 7 of the Act completed, that fact.

(2)When the undertaking prescribed in the preceding paragraph has been accepted under the first sentence of paragraph (9) of Article 7 of the Act (including the cases where applied pursuant to the first sentence of paragraph (15), paragraphs (21) and (25) of that Article and the cases where paragraph (21) of that Article applied pursuant to paragraph (28) of that Article; the same applies in paragraph (5)), the Minister of Finance shall promptly notify the directly interested persons in writing of that fact and the details of the undertaking (excluding any part of the undertaking found, by its nature, appropriate to be treated as confidential or submitted as confidential information by the authority of the supplying country or the exporter) and, if it has been decided to discontinue the investigation referred to in paragraph (6) of that Article, shall promptly notify in writing the directly interested persons of that fact, the reason for the decision and the date on which the investigation is to be discontinued or if it has been decided to continue the investigation, shall promptly notify in writing the directly interested persons of that fact, and shall also give in the official gazette a public notice thereof.

(3)When the investigation prescribed in paragraph (6) of Article 7 of the Act has been completed after the undertaking offered by the authority of the supplying country or exporter of goods subject to the investigation pursuant to the provisions of paragraph (8) of that Article was accepted under the first sentence of paragraph (9) of that Article, if the Government finds that the facts provided for in paragraph (6) of that Article exist with respect to the imports of the goods, the undertaking accepted under the first sentence of paragraph (9) of that Article remains effective, whereas if the Government finds that such facts do not exist, then the undertaking ceases to be effective; provided, however, that the undertaking remains effective if the findings that such facts do not exit have been made due in large part to the existence of the undertaking.

(4)When 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 (9) of Article 7 of the Act remains effective or has ceased to be effective and the reason therefor, and shall also give in the official gazette a public notice thereof.

(5)If, in addition to the case where the undertaking ceases to be effective pursuant to the provisions of paragraph (3), the undertaking accepted under the first sentence of paragraph (9) of Article 7 of the Act has ceased 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.

Article 12.The Minister of Finance, after setting a reasonable period ahead of making a decision as to whether countervailing duty is to be imposed pursuant to the provisions of paragraph (1) of Article 7 of the Act or whether countervailing duty imposed pursuant to the provisions of that paragraph is to be altered (including alteration of the period designated under that paragraph) or abolished, is to notify the directly interested persons in writing of the essential facts which form the basis for the decision.

Article 13.If a decision has been taken to impose countervailing duty pursuant to the provisions of paragraph (1) of Article 7 of the Act, to alter (including alteration of the period designated under that paragraph) or abolish countervailing duty imposed pursuant to the provisions of that paragraph or to take the measure prescribed in paragraph (10) of that Article, or if the period designated pursuant to the provisions of paragraph (1) of that Article has expired (excluding the cases where the investigation referred to in paragraph (24) of that 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 matters set forth in the following, and shall also give in the official gazette a public notice thereof:

(2)If a decision has been taken, as a result of the investigation, not to impose countervailing duty prescribed in paragraph (1) of Article 7 of the Act or not to alter (including alteration of the period designated pursuant to the provisions of that paragraph) or abolish countervailing duty imposed pursuant to the provisions of that paragraph, the Minister of Finance shall promptly notify in writing the directly interested persons of that decision and the matters as set forth in the following, and shall also give in the official gazette a public notice thereof:

(3)The preceding paragraph applies 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 provisions of the second sentence of paragraph (9) of Article 7 of the Act). In this case, the term “the facts found through the investigation and the conclusions derived therefrom” in the preceding paragraph is deemed to be replaced with “the facts found before the investigation has been discontinued and the reason for discontinuance of the investigation”.

Article 14.The Minister of Finance, the Minister having jurisdiction over the Japanese industry provided for in paragraph (1) of Article 7 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, if it is found necessary to initiate an investigation, are to 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 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 Economy, Trade and Industry copies of documents submitted pursuant to the provisions of paragraphs (1) to (5) of Article 4 and paragraph (1) of Article 11) with respect to the investigation (including handling of the results of the investigation) and the undertaking offered under paragraph (8) of Article 7 of the Act, and any important matters involved are to be determined through consultation with each other.

Article 15.An importer who seeks refund of countervailing duty on the designated goods pursuant to the provisions of paragraph (29) of Article 7 of the Act shall submit a written request for refund, stating the amount of countervailing duty to be refunded and the basis for calculation of the amount, accompanied by evidence sufficient to justify the request for refundable amount, to the Director General of Customs who has given import permission for the designated goods. In this case, the Director General of Customs shall send a copy of the written request and the evidence to the Minister of Finance.

(2)The second sentence of the preceding Article applies to the case where the investigation referred to in paragraph (30) of Article 7 of the Act has been initiated.

(3)The Minister of Finance, if a decision has been taken to extend the investigation period referred to in paragraph (30) of that Article pursuant to the provisions of the proviso to paragraph (31) of Article 7 of the Act, shall promptly notify in writing the person who has made the request pursuant to the provisions of paragraph (29) of that Article, of that decision, the investigation period so extended and the reason for the extension.

(4)The Minister of Finance, when the investigation referred to in paragraph (30) of Article 7 of the Act has been concluded, notifies the result of the investigation to the Director General of Customs, and the Director General of Customs, based on that notification, refunds countervailing duty in an amount up to the amount covered by the request or notifies in writing the importer who has made the request that there are no grounds for the request, without delay.

Article 16.The Minister of Finance, if it is found, based on the result of investigation, necessary to impose countervailing duty pursuant to the provisions of paragraph (1) of Article 7 of the Act, to alter (including alteration of the period designated pursuant to the provisions of that paragraph) or to abolish countervailing duty imposed pursuant to the provisions of that paragraph or to take the measure under paragraph (10) of that Article, promptly refers the matter to the Council on Customs, Tariff, Foreign Exchange and other Transactions.