Latest revision: Cabinet Order No. 127 of March 31, 2017
Cabinet Order on Anti-dumping Duty
(Definitions)
Article 1.The terms “supplier”, “supplying country”, “specified goods”, “margin of dumping” and “refundable amount” as used in this Cabinet Order mean the supplier, supplying country, specified goods, margin of dumping and refundable amount, 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 obtained by adding to the cost of production of the imported goods at issue, 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 at the stage of economic development comparable and closest to a supplying country of the imported goods at issue, the price of the like goods when sold for export from a country at the stage of economic development comparable and closest to such supplying country, or the price obtained by adding to the cost of production of the like goods in a country at the stage of economic development comparable and closest to the country of origin of the imported goods at issue, 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 shall only be used 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, due to 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 found 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 preceding paragraph shall only be used 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 Vietnam, 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 with respect to the production and sales of such like goods (referred to as “the fact that market economy conditions prevail with respect to 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 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 found inappropriate to use selling price due to 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 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 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 these provisions was made, but where investigation referred to in paragraph (5), (22) (including the case where applied mutatis mutandis pursuant to paragraph (31) of that Article) or (27) of that 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 production of such like goods in Japan, if this assertion is found to be 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.
( Persons having an interest in the Japanese industry)
Article 5.Persons 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)Japanese producers of the like goods or organizations 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 two or more members of the direct or indirect members are 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 by the producers who are the direct or indirect members of such organizations accounts for one-fourth or more of the total output of such goods in Japan;
(ii)labor unions 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 “labor unions 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 not to be included in the Japanese producers referred to in paragraph (1) of the preceding Article pursuant to the provision of paragraph (2) of that Article and the output of the like goods produced in Japan by such producers shall not be included in the Japanese producers and the total output referred to in item (i) of the preceding paragraph, and the persons engaged in the 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 provision of paragraph (2) of that Article shall not be included in the persons engaged in such production as referred to in item (ii) of the preceding paragraph.
(A person not included in 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 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 that paragraph:
(i)the name and domicile or residence, of the applicant;
(ii)the descriptions, brands, types and characteristics of such goods;
(iii)the supplier or supplying country of such goods;
(iv)circumstances under which the applicant is regarded 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)when 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 support given by the producers, etc. concerned or the labor unions concerned for the applicant’s request prescribed in paragraph (4) of Article 8 of the Act;
(viii)any other relevant matters.
(2)With regard 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 that Article requests, pursuant to the provision of that paragraph, the Government to alter or abolish such anti-dumping duty (hereinafter in this paragraph referred to as “applicant”), the applicant 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 is different from the actual margin of dumping 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 that Article:
(i)the name and domicile or residence, of the applicant;
(ii)the descriptions, brands, types and characteristics of the specified goods pertaining to the anti-dumping duty;
(iii)circumstances under which the applicant is regarded as being a new supplier 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 goods pertaining to the applicant is different from the actual margin of dumping for such goods;
(v)when the applicant requests that the evidence, etc. produced be treated as confidential, such request and the reason therefor;
(vi)any other relevant matters.
(3)With regard to anti-dumping duty imposed pursuant to the provision of paragraph (1) of Article 8 of the Act, a person who intends to request, pursuant to the provision of paragraph (21) of that Article, the Government to alter or abolish such anti-dumping duty (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 demonstrating the changes in circumstances set forth in item (i) or (ii) of paragraph (20) of that Article:
(i)the name and domicile or residence, of the applicant;
(ii)the 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 regarded as being a person provided for in paragraph (21) of Article 8 of the Act;
(v)a summary of changes in circumstances set forth in item (i) or (ii) of paragraph (20) of Article 8 of the Act;
(vi)when the applicant requests that the evidence, etc. produced be treated as confidential, such request and the reason therefor;
(vii)in cases where the applicant is the person who has an interest in the Japanese industry as provided for in paragraph (1) of Article 5, details of support given by the producers, etc. concerned or the labor unions concerned for the applicant’s request prescribed in paragraph (21) of Article 8 of the Act;
(viii)any other relevant matters.
(4)With regard to the period specified pursuant to the provision of paragraph (1) of Article 8 of the Act, pertaining to anti-dumping duty to be imposed pursuant to the provision of that paragraph, a person who intends to request, pursuant to the provision of paragraph (26) of Article 8 of the Act, the Government to extend such period (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 demonstrating the likelihood that 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, as provided for in paragraph (26) of that Article:
(i)the name and domicile or residence, of the applicant;
(ii)the 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 regarded as being a person having an interest in the Japanese industry, as provided for in paragraph (1) of Article 5;
(v)a summary of the likelihood that 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, as provided for in paragraph (26) of Article 8 of the Act;
(vi)when the applicant requests that the evidence, etc. produced be treated as confidential, such request and the reason therefor;
(vii)details of support given by the producers, etc. concerned or the labor unions concerned for the applicant’s request prescribed in 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 pursuant to the provision of 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 that Article and the case where paragraph (24) of that Article applies mutatis mutandis pursuant to paragraph (31) thereof) is requested to be altered (including alteration of its valid period) pursuant to the provision of paragraph (21) of that Article, as applied mutatis mutandis pursuant to paragraph (31) of thereof.
(6)The Minister of Finance shall, when there is evidence, etc. which is produced pursuant to the provision of the preceding paragraphs and is considered appropriate to be treated as confidential (hereinafter in this Article referred to as “confidential evidence, etc.”), request the person who has produced such 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 written summary referred to in the preceding paragraph considers that the confidential evidence, etc. provided for in that paragraph cannot be so summarized, he shall submit to the Minister of Finance a document stating that fact and the reason therefor.
(9)The Minister of Finance shall, in cases where it is considered inappropriate to treat, as confidential, the evidence, etc. produced pursuant to the provision of paragraphs (1) to (5) which is requested by a person who has so produced to be treated as confidential, promptly notify that person of that fact 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. which is considered appropriate, the Minister of Finance may elect not to examine the evidence, etc. for which confidential treatment has been requested.
(10)The Minister of Finance shall, when he elects, pursuant to the provision of the preceding two paragraphs, not to examine the evidence, etc. which has been produced under paragraphs (1) to (5), 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.The Minister of Finance shall, when 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), promptly notify in writing those persons regarded as being directly interested persons of such decision and the following matters, and shall also give in the official gazette a public notice thereof (“directly interested persons” as used in this paragraph means suppliers of goods pertaining to the investigation or organizations thereof (provided that the majority of their direct or indirect members are suppliers of such goods), importers of goods pertaining to the investigation and organizations thereof (provided that the majority of their direct or indirect members are importers of such goods ), the applicant pertaining to the investigation (i.e., a 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 regarded by the Minister of Finance as having a particular interest in the investigation; hereinafter the same applies):
(i)the name and domicile or residence, of the applicant;
(ii)the descriptions, brands, types and characteristics of goods pertaining to the investigation;
(iii)the supplier or supplying country of 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)time limit for production of evidence and testimony 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)The Minister of Finance shall, in cases where a notification is to be issued to the directly interested persons pursuant to the provision of the preceding paragraph, send them (excluding the applicant) a written notification provided for in that paragraph, together with copies of documents and evidence submitted pursuant to the provision of paragraphs (1) to (5) of the preceding Article (excluding any part of documents and evidence considered, by their nature, appropriate to be treated as confidential or submitted by the applicant as confidential information).
(3)The Minister of Finance shall, 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, promptly notify the applicant in writing of such decision and the reason therefor.
(Extension of investigation period)
Article 9.The Minister of Finance shall, when a decision has been taken to extend investigation period pursuant to the provision of the proviso to paragraph (6) of Article 8 of the Act (including the case where applied mutatis mutandis pursuant to the first sentence of paragraph (14) of that Article) or the proviso to paragraph (23) of that Article (including the case where applied mutatis mutandis pursuant to paragraphs (28) and (31) thereof), promptly notify the 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 that 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 change in circumstances provided for in paragraph (22) of that Article (including the case where applied mutatis mutandis pursuant to paragraph (31) thereof) or the likelihood provided for in paragraph (27) of that 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)The Minister of Finance may, when it is considered necessary during the investigation period, request the interested persons to produce evidence or give testimony with respect to the fact provided for in paragraph (5) or (13) of Article 8 of the Act, the change in circumstances provided for in paragraph (22) of that Article (including the case where applied mutatis mutandis pursuant to paragraph (31) thereof) or the likelihood provided for in paragraph (27) of that Article. In this case, if a person who produces evidence or gives testimony requests that such evidence or testimony be treated as confidential, he shall submit a document stating such request and the reason therefor.
(3)The Minister of Finance shall, in cases where any interested person requests testimony prescribed in the first sentence of paragraph (1) or where any interested person is requested to give testimony pursuant to the provision of the first sentence of the preceding paragraph, notify such 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 sought 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 is produced or the testimony is given; provided, however, that this does not apply to the case where the interested person fails to produce evidence or fails to give testimony within a reasonable period.
(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 by producers of a specific kind of imported goods originating in the People’s Republic of China or Vietnam, etc.)
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 Vietnam, 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 that 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 that the evidence or testimony be treated as confidential, such request and the reason therefor.
(2)The Minister of Finance may, if it is considered necessary during the investigation period referred to in the first sentence of the preceding paragraph, 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 that the evidence or testimony be treated as confidential, he shall submit a document stating such request and the reason therefor.
(3)The Minister of Finance shall, in cases where testimony prescribed in the first sentence of paragraph (1) is sought from the producer or where the producer is sought testimony from the Minister pursuant to the provision of the first sentence of the preceding paragraph, notify in writing the producer 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 that Article, provide the interested persons with an opportunity to inspect evidence produced pursuant to the provision of the proviso to paragraph (2) of Article 4, documents or evidence submitted pursuant to the provision of paragraphs (1) to (5) of Article 7, 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, documents which record the testimony given pursuant to these provisions or any other evidence (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 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 evidence, etc. pursuant to the provision of the preceding paragraph shall submit to the Minister of Finance a document containing a list of evidence, etc. which he intends to inspect and the circumstances under which he is regarded 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 that paragraph, submit to the Minister of Finance a document stating the circumstances under which he is regarded as being an interested person, the names and domiciles or residences, of the opponents and the matters to be clarified through the simultaneous examination.
(2)The Minister of Finance shall, 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, provide an opportunity for such examination and notify, in advance, the persons concerned in writing of the names and domiciles or residences, 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)Those persons involved in the simultaneous examination, who have received a notification referred to in the preceding paragraph shall, no later than ten days before the examination, submit 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 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 that paragraph, submit their opinions in writing to the Minister of Finance with respect to the matters pertaining to the investigation; provided, however, that 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 it is considered necessary during the investigation period, request the interested persons, the industrial users of 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 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 that paragraph, provide the Minister of Finance in writing with information concerning the matters covered by the investigation; provided, however, that the representative consumer organizations may provide information only in cases where such goods are marketed for retail sale.
(2)The Minister of Finance may, if it is considered necessary during the investigation period, request the industrial users of 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.The Minister of Finance shall, 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 that Article, 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 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 that Article (including the case where applied mutatis mutandis pursuant to the first sentence of paragraph (14), paragraphs (24) and (28) thereof and the case where paragraph (24) of that Article is applied mutatis mutandis pursuant to paragraph (31) thereof; the same applies in Article 18), he shall submit to the Minister of Finance a document stating such 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)The Minister of Finance shall, 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) thereof and the case where paragraph (24) of that Article is applied mutatis mutandis pursuant to paragraph (31) thereof; the same applies in paragraph (5)), promptly notify in writing the directly interested persons of such acceptance and the details of such undertaking (excluding any part of the undertaking found, by its nature, appropriate to be treated as confidential or submitted as confidential information by the exporter who has offered the undertaking) and shall further notify in writing the directly interested persons, in cases where it has been decided to discontinue the investigation referred to in paragraph (5) of that 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 by the exporter of goods pertaining to the investigation pursuant to the provision of paragraph (7) of that Article was accepted under the first sentence of paragraph (8) of that Article, if the Government finds that the facts provided for in paragraph (5) of that Article exist with respect to imports of such goods, the undertaking so accepted shall not cease to be effective, whereas if the Government finds that such facts do not exist, then such undertaking shall cease to be effective; provided, however, that the undertaking shall not cease to be effective if the findings that such facts do not exist have been made due in large part to the existence of such undertaking.
(4)The Minister of Finance shall, in cases where the findings referred to in the preceding paragraph have been presented, 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 does not cease to be effective or has ceased to be effective and the reason therefor, and shall also give in the official gazette a public notice thereof.
(5)The Minister of Finance shall, 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, promptly notify in writing the directly interested persons 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 final decision)
Article 15.The Minister of Finance shall, after setting a reasonable period ahead of 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 that paragraph is to be altered (including alteration of the period specified under that paragraph) or abolished, notify in writing the directly interested persons 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 specified under that paragraph) or abolish anti-dumping duty imposed pursuant to the provision of that paragraph or to take the measure prescribed in paragraph (9) of that Article, or where the period specified pursuant to the provision of paragraph (1) of that Article has expired (excluding the case where the investigation referred to in paragraph (27) of that Article is being conducted; hereinafter the same applies in this paragraph), the Minister of Finance shall promptly notify in writing the directly interested persons of that fact and the following matters, and shall also give in the official gazette a public notice thereof:
(i)the 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 specified pursuant to the provision of paragraph (1) or (9) of Article 8 of the Act (if anti-dumping duty imposed pursuant to the provision of paragraph (1) of that 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 specified pursuant to the provision of 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 that Article, the goods covered by that decision and the reason therefor;
(vi)any other relevant matters.
(2)The Minister of Finance shall, in cases where, as a result of the investigation, it has been decided not to impose anti-dumping duty prescribed in paragraph (1) of Article 8 of the Act or not to alter (including alteration of the period specified pursuant to the provision of that paragraph) or abolish anti-dumping duty imposed pursuant to the provision of that paragraph, promptly notify in writing the directly interested persons of such decision and the following matters and shall also give in the official gazette a public notice thereof:
(i)the 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 discontinuance of the investigation”.
(Period of provisional measure)
Article 17.The period to be prescribed by Cabinet Order, as provided for in paragraph (9) of Article 8 of the Act shall be within four months; provided, however, that if the situation falls under any of the following cases, the period shall be within six months, whereas if the situation falls under both of the following cases, the period shall be within nine months:
(i)in the case where it has been revealed that an examination will be conducted to determine whether anti-dumping duty lower than the margin of dumping 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 imported goods pertaining to the investigation referred to in paragraph (5) of Article 8 of the Act requests a period 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 sixty days expire from the date of initiation of the investigation referred to in that paragraph.
(Provision of security for goods pertaining to new suppliers, etc.)
Article 17-2.The Minister of Finance shall, in cases where a decision has been 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 that Article, 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 that notification, order a person who imports such goods during the period of investigation provided for in paragraph (15) of that 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 considers it unnecessary to order provision of security, taking into account 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 that Article, anti-dumping duty imposed under paragraph (1) of that 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, anti-dumping duty imposed pursuant to the provision of paragraph (1) of that Article, if the amount of security provided under paragraph (1) exceeds the amount of 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 amount 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 considered 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 handling of the results of the investigation) and the undertaking prescribed in paragraph (7) of Article 8 of the Act, and any important matters involved shall be determined through consultation 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 evidence sufficient to justify his request for such refund, to the Director General of Customs who has given import permission for 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)The Minister of Finance shall, when 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 that Article, promptly notify in writing the importer who has made a request pursuant to the provision of paragraph (32) of that Article of such decision, the investigation period so extended and the reason for the extension.
(4)The Minister of Finance shall, when investigation referred to in paragraph (33) of Article 8 of the Act has been concluded, notify the result of the investigation to the Director General of Customs, and the Director General of Customs shall, based on that notification, refund 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 there are no grounds for his request, without delay.
(Referral to the Council on Customs, Tariff, Foreign Exchange and other Transactions)
Article 20.The Minister of Finance shall, when, on the basis of the result of investigation, it is considered 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 specified pursuant to the provision of that paragraph) or abolish anti-dumping duty imposed pursuant to the provision of that paragraph or to take a provisional measure, promptly refer the matter to the Council on Customs, Tariff, Foreign Exchange and other Transactions.