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

Article 2.The price to be prescribed by Cabinet Order, as provided for in paragraph (1) of Article 8 of the Act is the following price:

(2)For the purpose of applying paragraph (1) of Article 8 of the Act, the price set forth in item (ii) or (iii) of the preceding paragraph may be used only if there is no available price, in the ordinary course of trade, of the goods of the same kind as the imported goods when destined for consumption in a supplying country of the imported goods or if, due to the particular market situation of the supplying country or the low volume of the sales of the goods of the same kind as the imported goods in the supplying country, it is found inappropriate to use the price, in the ordinary course of trade, of these goods when destined for consumption in the supplying country, and the price set forth in item (iv) of the preceding paragraph may be used only if the supplying country of the imported goods 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 provisions 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 the imported goods fails to demonstrate clearly the fact that, in the industry of the country of origin of the imported goods where goods of the same kind as the imported goods are produced, market economy conditions prevail with respect to the production and sales of these 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 is the price obtained after making necessary adjustment to the price difference in the selling price for export of the imported goods, arising from differences in commercial levels, transaction quantities and other factors affecting price comparability.

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 is available or if it is found inappropriate to use selling price due to association between the exporter and importer of the imported goods (including a person who purchases the imported goods in Japan), the selling price for export of the imported goods is the price calculated on the basis of the domestic selling price at which the imported goods are first sold in the domestic market to a buyer not associated with the exporter or importer of the imported goods (or, if the domestic selling price is the price of goods produced, using the imported goods as raw materials and then sold, the value added through the production is to be deducted from the domestic selling price).

Article 4.The Japanese industry provided for in paragraph (1) of Article 8 of the Act means those Japanese producers whose collective output of goods of the same kind as the imported goods 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 on or after the day which is six months preceding the date on which the request prescribed in paragraph (4), (21) (including the cases where applied pursuant to paragraph (31) of Article 8 of the Act) or (26) of Article 8 of the Act was made (or, if the investigation referred to in paragraph (5), (22) (including the cases where applied pursuant to paragraph (31) of that Article) or (27) of that Article is conducted in the situation where no request prescribed in these provisions has been made, the date on which the investigation is initiated), unless the quantities of the imports of the goods at issue are small; provided, however, that this does not apply when the producer having any of the relationships 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 the relationships, or when the producer who imported the goods at issue 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 of the imported goods is production of the goods of the same kind of the imported goods in Japan if this assertion is found to be substantiated by that evidence:

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 are the persons 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 the 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 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 provisions of paragraph (2) of that Article are not included in the persons engaged in the production, referred to in item (ii) of the preceding paragraph.

Article 6.A person to be prescribed by Cabinet Order as being related to a supplier of the designated goods, as provided for in paragraph (12) of Article 8 of the Act is the person as set forth in the following:

Article 7.A person who seeks to request the Government to impose anti-dumping duty pursuant to the provisions 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 matters as set forth in the following, 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 the imports, as provided for in that paragraph:

(2)With respect to anti-dumping duty imposed pursuant to the provisions 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 provisions of that paragraph, the Government to alter or abolish the anti-dumping duty (hereinafter in this paragraph referred to as “applicant”), the applicant shall submit to the Minister of Finance a document stating the matters set forth in the following, accompanied by sufficient evidence demonstrating the fact that the amount of anti-dumping duty imposed on the applicant’s goods is different from the actual margin of dumping for the goods and a written pledge stating that the applicant is not related to the supplier of the designated goods imported into Japan during the period covered by the investigation referred to in paragraph (5) or (22) of that Article:

(3)With respect to anti-dumping duty imposed pursuant to the provisions of paragraph (1) of Article 8 of the Act, a person who seeks to request, pursuant to the provisions of paragraph (21) of that Article, the Government to alter or abolish the anti-dumping duty (hereinafter in this paragraph referred to as “applicant”) shall submit to the Minister of Finance a document stating the matters set forth in the following, accompanied by sufficient evidence demonstrating the changes in circumstances set forth in item (i) or (ii) of paragraph (20) of that Article:

(4)With respect to the period designated pursuant to the provisions of paragraph (1) of Article 8 of the Act, relating to anti-dumping duty to be imposed pursuant to the provisions of that paragraph, a person who seeks to request, pursuant to the provisions of paragraph (26) of Article 8 of the Act, the Government to extend the period (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 demonstrating the likelihood that dumped imports of the designated goods and the fact of material injury, etc. to a Japanese industry caused by the imports will continue or recur after expiry of the designated period, as provided for in paragraph (26) of that Article:

(5)Paragraph (3) applies when the undertaking accepted pursuant to the provisions of the first sentence of paragraph (8) of Article 8 of the Act (including the cases where applied pursuant to the first sentence of paragraph (14), paragraphs (24) and (28) of that Article and the cases where paragraph (24) of that Article applies pursuant to paragraph (31) thereof) is requested to be altered (including alteration of its effective period) pursuant to the provisions of paragraph (21) of that Article, as applied pursuant to paragraph (31) of that Article.

(6)The Minister of Finance, when there is evidence, etc. which has been produced pursuant to the provisions of the preceding paragraphs and 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 written 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)When a person who has been requested to submit the written 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 when the contents submitted by the 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, the evidence, etc. produced pursuant to the provisions of paragraphs (1) to (5) which is requested by a person who has produced to be treated as confidential, promptly notifies that person of that fact and the reason therefor. In this case, if that 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 appropriate, the Minister of Finance may elect not to examine the evidence, etc. for which confidential treatment has been requested.

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

Article 8.When a decision has been taken to initiate an investigation referred to in paragraph (5), (13), (22) (including the cases where applied pursuant to paragraph (31) of Article 8 of the Act) or (27) of Article 8 of the Act (hereinafter simply referred to as “investigation”, except in Article 14, paragraph (1) (excluding the items thereof) of Article 16, Article 17 and Article 19), the Minister of Finance shall promptly notify in writing the directly interested persons of the decision and the matters as set forth in the following and shall also give in the official gazette a public notice thereof (directly interested persons means suppliers of goods subject to the investigation or organizations thereof (limited to organizations in which the majority of their direct or indirect members are suppliers of the goods subject to the investigation), importers of goods subject to the investigation and organizations thereof (limited to organization in which the majority of their direct or indirect members are importers of the goods subject to the investigation), the applicant involved in the investigation (i.e., a person who has made a request prescribed in paragraph (4), (12), (21) (including the cases where applied 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):

(2)The Minister of Finance, when a notification is issued to the directly interested persons pursuant to the provisions of the preceding paragraph, shall send the directly interested persons other than the applicant a written notification provided for in that paragraph, together with copies of documents and evidence submitted pursuant to the provisions of paragraphs (1) to (5) of the preceding Article (excluding any 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 (4), (12), (21) (including the cases where applied pursuant to paragraph (31) of Article 8 of the Act) or (26) of Article 8 of the Act has been made, if a decision has been taken not to initiate an investigation, the Minister of Finance shall promptly notify the applicant of that fact and the reason therefor in writing.

Article 9.When a decision has been taken to extend investigation period pursuant to the provisions of the proviso to paragraph (6) of Article 8 of the Act (including the cases where applied pursuant to the first sentence of paragraph (14) of that Article) or the proviso to paragraph (23) of that Article (including the cases where applied pursuant to paragraphs (28) and (31) thereof), 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 10.When 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 the goods) and the labor unions concerned (limited to those labor unions in which majority of their 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 8, 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 (5) or (13) of Article 8 of the Act, the changes in circumstances provided for in paragraph (22) of that Article (including the cases where applied 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 a document stating the fact which the person intends to prove by evidence or testimony and, if the person requests the evidence or 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 fact provided for in paragraph (5) or (13) of Article 8 of the Act, the changes in circumstances provided for in paragraph (22) of that Article (including the cases where applied pursuant to paragraph (31) thereof) or the likelihood provided for in paragraph (27) of that Article. In this case, if the person who produces evidence or gives testimony requests that the evidence or testimony 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 requests testimony prescribed in the first sentence of paragraph (1) or if any interested person is requested to give 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 testimony and of other matters necessary for the hearing of testimony.

(4)When the Minister of Finance has sought any interested person to produce evidence or to give testimony pursuant to the provisions of the first sentence of paragraph (2), the decision referred to in Article 13-2 (excluding any decision taken before the evidence or testimony is requested) and the decision referred to in Article 15 shall be taken only after the evidence has been produced or the testimony has been given; provided, however, that this does not apply if 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 to the evidence produced or the testimony given pursuant to the provisions of the first sentence of paragraph (1) or (2).

Article 10-2.When 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 the imported goods (hereinafter in this Article simply referred to as “producer”) may, in addition to what is 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 the 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 provisions of that paragraph. 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 the person requests that the evidence or testimony be treated as confidential, that fact and the reason therefor.

(2)The Minister of Finance, if it is found necessary during the investigation period referred to in the first sentence of the preceding paragraph, may request the producer to produce evidence or give testimony with respect to the fact that market economy conditions prevail in the production and sales of the specific goods. In this case, if the person who produces evidence or gives testimony requests that the evidence or testimony be treated as confidential, the person shall submit a document stating that fact and the reason therefor.

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

(4)Paragraphs (6) to (10) of Article 7 apply to the evidence produced or the testimony given, pursuant to the provisions of the first sentence of paragraph (1) or (2).

Article 11.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 8, 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 pursuant to the provisions of the proviso to paragraph (2) of Article 4, documents or evidence submitted pursuant to the provisions of paragraphs (1) to (5) of Article 7, evidence produced pursuant to the provisions 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 the provisions of 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 provisions of paragraph (6) or (7) or the second sentence of paragraph (9) of Article 7 (including the cases where these provisions apply 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 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 12.When 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 provisions of that paragraph, submit to the Minister of Finance a document stating the circumstances under which the person falls under 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, if consent has been obtained from the interested person who is requested to attend the simultaneous examination referred to in the preceding paragraph, provides an opportunity for the examination and shall 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 other matters necessary for the examination.

(3)A person 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 the person intends to state in that examination with respect to the matters to be clarified through the examination and the same number of copies of the document as that of the opponents. In this case, the Minister of Finance promptly sends the opponents the copies so submitted.

Article 12-2.When an investigation has been initiated, the interested persons, the industrial users of 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 8, 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 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 goods subject to the investigation or the representative consumer organizations of the goods to submit their opinions in writing with respect to the investigation.

Article 13.When an investigation has been initiated, the industrial users of 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 8, as notified or publicly notified pursuant to the provisions 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 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 the goods subject to the investigation or the representative consumer organizations of the goods to provide in writing information concerning the matters covered by the investigation.

Article 13-2.When 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 the imports are presumed as provided for in paragraph (8) or (9) of that Article, the Minister of Finance notifies the directly interested persons of that fact and the matters which form the basis for that decision, and shall give in the official gazette a public notice thereof.

Article 14.If any exporter of goods subject to the investigation referred to in paragraph (5), (13), (22) (including the cases where applied pursuant to paragraph (31) of Article 8 of the Act) or (27) of Article 8 of the Act seeks to offer an undertaking to the Government pursuant to the provisions of paragraph (7) of that Article (including the cases where applied pursuant to the first sentence of paragraph (14), paragraphs (24) and (28) of that Article and the cases where paragraph (24) of that Article applies pursuant to paragraph (31) thereof; the same applies in Article 18), the exporter shall submit to the Minister of Finance a document stating that fact, the details of the undertaking to be offered and, if the exporter wishes to have the investigation referred to in paragraph (5) of Article 8 of the Act completed, that wish.

(2)When the undertaking offered as prescribed in the preceding paragraph has been accepted under the first sentence of paragraph (8) of Article 8 of the Act (including the cases where applied pursuant to the first sentence of paragraph (14), paragraphs (24) and (28) of that Article and the cases where paragraph (24) of that Article applies pursuant to paragraph (31) thereof; the same applies in paragraph (5)), the Minister of Finance shall promptly notify in writing the directly interested persons 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 exporter who has offered the undertaking) and, if it has been decided to discontinue the investigation referred to in paragraph (5) of that Article, shall 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 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 referred to in paragraph (5) of Article 8 of the Act has been completed after the undertaking offered by the exporter of goods subject to the investigation pursuant to the provisions 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 the goods, the undertaking so accepted does not cease to be effective, whereas if the Government finds that such facts do not exist, then the undertaking ceases to be effective; provided, however, that the undertaking does 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 the undertaking.

(4)The Minister of Finance, when the findings referred to in the preceding paragraph have been made, shall promptly notify the directly interested persons in writing of the fact that the undertaking accepted under the first sentence of paragraph (8) of Article 8 of the Act 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, in addition to the case where the undertaking ceases to be effective pursuant to the provisions of paragraph (3), if the undertaking accepted under the first sentence of paragraph (8) of Article 8 of the Act ceases to be effective, shall 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.

Article 15.The Minister of Finance, after setting a reasonable period ahead of making a decision as to whether anti-dumping duty is to be imposed pursuant to the provisions of paragraph (1) of Article 8 of the Act or whether anti-dumping duty imposed pursuant to the provisions of that paragraph is to be altered (including alteration of the period designated under that paragraph) or to be abolished, notifies in writing the directly interested persons of the essential facts that form the basis for the decision.

Article 16.When a decision has been taken to impose anti-dumping duty pursuant to the provisions of paragraph (1) of Article 8 of the Act, to alter (including alteration of the period designated under that paragraph) or abolish anti-dumping duty imposed pursuant to the provisions of that paragraph or to take the measure prescribed in paragraph (9) of that Article, or when the period designated pursuant to the provisions 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 matters as set forth in the following, and shall also give in the official gazette a public notice thereof:

(2)When it has been decided, as a result of the investigation, 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 designated pursuant to the provision of that paragraph) or abolish anti-dumping duty imposed pursuant to the provisions of that paragraph, the Minister of Finance shall promptly notify in writing the directly interested persons of that fact 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 (8) of Article 8 of the Act). In this case, the term “the facts found through the investigation and the conclusion derived therefrom” in the preceding paragraph is deemed to be replaced with “the facts found before the investigation was discontinued and the reason for discontinuance of the investigation”.

Article 17.The period to be prescribed by Cabinet Order, as provided for in paragraph (9) of Article 8 of the Act is up to a maximum period of four months; provided, however, that if the situation falls under any of the following cases, the period is up to a maximum period of six months, and if the situation falls under both of the following cases, the period is up to a maximum period of nine months:

(2)If an exporter of imported goods subject 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 for the goods, the exporter shall submit to the Minister of Finance a document stating that fact 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.

Article 17-2.When a decision has been taken to order, pursuant to the provisions 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) involved in the investigation referred to in paragraph (13) of that Article, the Minister of Finance notifies the Director General of Customs of the name of the new supplier related to the decision and the amount of security to be provided, and the Director General of Customs, based on that notification, orders a person who imports the 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 associated with the decision; provided, however, that this does not apply if the Director General of Customs finds it unnecessary to order provision of security in consideration of the financial resources of the importer.

(2)When 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 provisions 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 provisions of the preceding paragraph.

(3)When it has been decided to alter, pursuant to the provisions of paragraph (16) of Article 8 of the Act, anti-dumping duty imposed pursuant to the provisions 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.

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, if it is found necessary to initiate an investigation, notify each other of that fact. In this case, the Minister of Finance, the Minister having jurisdiction over the industry and the Minister of Economy, Trade and Industry 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 provisions 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 are to be determined through consultation with each other.

Article 19.An importer who seeks refund of anti-dumping duty relating to the designated goods pursuant to the provisions 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 the amount, accompanied by evidence sufficient to justify the request for the refund, to the Director General of Customs who has given import permission for the designated goods. In this case, the Director General of Customs transmits a copy of the written request and the evidence to the Minister of Finance.

(2)The second sentence of the preceding Article applies when the investigation referred to in paragraph (33) of Article 8 of the Act has been initiated.

(3)When a decision has been taken to extend pursuant to the provisions of the proviso to paragraph (34) of Article 8 of the Act the investigation period referred to in paragraph (33) of that Article, the Minister of Finance shall promptly notify in writing the importer who has made a request pursuant to the provision of paragraph (32) of that Article of that decision, the investigation period so extended and the reason for the extension.

(4)When the investigation referred to in paragraph (33) of Article 8 of the Act has been concluded, the Minister of Finance shall notify the result of the investigation to the Director General of Customs, and the Director General of Customs, based on that notification, refunds the anti-dumping duty in an amount up to the amount covered by the request or notify in writing the importer who has made the request that there are no grounds for the request, without delay.

Article 20.The Minister of Finance, when it is found necessary, based on the result of investigation, to impose anti-dumping duty pursuant to the provisions of paragraph (1) of Article 8 of the Act, to alter (including alteration of the period specified pursuant to the provisions of that paragraph) or abolish anti-dumping duty imposed pursuant to the provisions of that paragraph or to take a provisional measure, promptly refers the matter to the Council on Customs, Tariff, Foreign Exchange and other Transactions.