Latest revision: Cabinet Order No. 110 of March 31, 2009
Cabinet Order on Emergency Customs Duty, etc.
Article 1.The Japanese industry provided for in paragraph (1) of Article 9 of the Customs Tariff Act (hereinafter referred to as “the Act”) means those Japanese producers whose collective output of goods of the same kind as the imported goods at issue or of goods competing directly with the imported goods in their uses (hereinafter referred to as “the like goods, etc.”) constitutes a major proportion of the total production of the goods in Japan.
Article 2.When a decision has been taken to initiate an investigation referred to in paragraph (6) of Article 9 of the Act (including the cases where applied pursuant to paragraph (11) of that Article) (hereinafter simply referred to as “investigation”), the Minister of Finance shall promptly give in the official gazette a public notice of that decision and the matters as set forth in the following:
(i)the descriptions, brands, types and characteristics of the goods subject to the investigation;
(ii)the date on which the investigation is initiated;
(iii)the period covered by the investigation;
(iv)a summary of matters covered by the investigation;
(v)the time limit for production of evidence and testimony prescribed in the first sentence of paragraph (1) of Article 4, for statement of opinions prescribed in paragraph (1) of Article 5, for provision of information prescribed in the first sentence of paragraph (1) of Article 6 and for inspection of evidence, etc., opinions and information, etc. prescribed in paragraph (1) of Article 7;
(vi)the time limit for production of evidence and testimony prescribed in paragraph (1) of Article 8, for statement of opinions prescribed in paragraph (3) of that Article and for provision of information prescribed in paragraph (4) of that Article;
(vii)any other relevant matters.
Article 3.When a decision has been taken to extend the investigation period pursuant to the provisions of the proviso to paragraph (7) of Article 9 of the Act (including the cases where applied pursuant to paragraph (11) of that Article), the Minister of Finance shall promptly give in the official gazette a public notice of that decision, the investigation period so extended and the reason for the extension.
Article 4.When an investigation has been initiated, any interested person may, within the time limit as set forth in item (v) of Article 2, as publicly notified pursuant to the provisions of that Article, produce evidence or give testimony to the Minister of Finance with respect to the fact or the circumstances as provided for respectively in paragraph (6) or (10) of Article 9 of the Act (“interested person” as used herein means an exporter or producer of the imported goods at issue or an organization thereof (limited to an organization in which the majority of direct or indirect members is composed of exporters or producers of these imported goods), an importer of the imported goods or an organization thereof (limited to an organization in which the majority of direct or indirect members is composed of importers of these imported goods), a producer of the like goods, etc. in Japan or an organization thereof (limited to an organization in which the majority of direct or indirect members is composed of producers of the like goods, etc. in Japan) and a labor union composed of direct or indirect members engaged in the production of the like goods, etc. in Japan (limited to a labor union in which the majority of direct or indirect members is composed of persons engaged in the production of the like goods, etc. in Japan); hereinafter the same applies). In this case, a person who seeks to produce evidence or to give testimony shall submit a document stating the fact to be proved 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 person to produce evidence or give testimony with respect to the fact or the circumstances as provided for respectively in paragraph (6) or (10) of Article 9 of the Act. In this case, if a person who seeks to produce evidence or to give 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)When an interested person seeks testimony prescribed in the first sentence of paragraph (1) or when the interested person is sought testimony pursuant to the provisions of the first sentence of the preceding paragraph, the Minister of Finance shall notify the interested person in writing of the date and time and the place, of hearing of testimony and other necessary matters for hearing of testimony.
(4)If the evidence produced pursuant to the provisions of the first sentence of paragraph (1) or (2) is found appropriate to be treated as confidential (hereinafter in this Article referred to as “confidential evidence”), the Minister of Finance is to request a person who has produced the evidence to submit a written summary of the confidential evidence the summary of which is not required to be treated as confidential.
(5)If a person who has been requested to submit a written summary referred to in the preceding paragraph considers that the confidential evidence 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.
(6)If a person who has been requested to submit a written summary of the confidential evidence pursuant to the provisions of paragraph (4) fails to submit any of the documents provided for in the preceding two paragraphs or if the contents of the documents 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.
(7)If there is, among the evidence produced pursuant to the provisions of the first sentence of paragraph (1) or the first sentence of paragraph (2) and requested to be treated as confidential by a person who has produced the evidences, any evidence which is found inappropriate to be treated as confidential, the Minister of Finance is to notify promptly that person of that fact and the reason therefor. In this case, if that person does not withdraw the request for treating the evidence as confidential, nor does the person submit any document containing a summary of evidence found appropriate, the Minister of Finance may elect not to examine the evidence which has been requested to be treated as confidential.
(8)If the Minister of Finance has elected, pursuant to the provisions of the preceding two paragraphs, not to examine the evidence produced under the first sentence of paragraph (1) or the first sentence of paragraph (2), the Minister of Finance shall promptly notify the person who has produced the evidence of that fact and the reason therefor, in writing.
(9)Paragraphs (4) to (8) apply to the testimony given pursuant to the provisions of the first sentence of paragraph (1) or the first sentence of paragraph (2).
Article 5.When an investigation has been initiated, interested persons, industrial users or sellers of the goods subject to the investigation or organizations thereof (hereinafter referred to as “industrial users, etc.”), or representative consumer organizations of the goods (hereinafter referred to as “representative consumer organizations”) may, within the time limit set forth in item (v) of Article 2, as publicly notified pursuant to the provisions of that Article, 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 investigation period, may request the interested persons, industrial users, etc. or representative consumer organizations to submit their opinions in writing with respect to the investigation.
Article 6.When an investigation has been initiated, industrial users, etc. or representative consumer organizations may, within the time limit set forth in item (v) of Article 2, as publicly notified pursuant to the provisions of that Article, provide the Minister of Finance in writing with information concerning matters covered by the investigation. In this case, if a person who seeks to provide information requests the information to be treated as confidential, the person shall submit a document stating that fact and the reason therefor.
(2)Representative consumer organizations may provide information pursuant to the provisions of the first sentence of the preceding paragraph only when the goods subject to the investigation are marketed for retail sale.
(3)The Minister of Finance, if it is found necessary during the investigation period, may request industrial users, etc. or representative consumer organizations to provide information on the matters covered by the investigation in writing. In this case, if a person who provides information requests the information to be treated as confidential, the person shall submit a document stating that fact and the reason therefor.
(4)Paragraphs (4) to (8) of Article 4 apply to the information provided pursuant to the provisions of the first sentence of paragraph (1) or the first sentence of the preceding paragraph.
Article 7.When an investigation has been initiated, the Minister of Finance shall, within the time limit set forth in item (v) of Article 2, as publicly notified pursuant to the provisions of that Article, provide the interested persons, industrial users, etc. or representative consumer organizations with an opportunity to inspect evidence produced under the first sentence of paragraph (1) or (2) of Article 4, documents which record the testimony given under these provisions or other evidence (excluding evidence and records of testimony found, by their nature, appropriate to be treated as confidential, evidence produced by interested persons as confidential information and records of testimony given as confidential information) or documents submitted under paragraph (4) or (5) or the second sentence of paragraph (7) of that Article (including the cases where applied pursuant to paragraph (9) of that Article) (hereinafter in this Article and in the next Article the evidence and documents identified herein are referred to as “evidence, etc.”), opinions stated under paragraph (1) or (2) of Article 5 (hereinafter in this Article and in the next Article simply referred to as “opinions”) and information provided under the first sentence of paragraph (1) or (3) of the preceding Article (excluding information found, by its nature, appropriate to be treated as confidential and information requested by industrial users, etc. or representative consumer organizations to be treated as confidential) or documents submitted under paragraph (4) or (5) or the second sentence of paragraph (7), of Article 4, as applied pursuant to paragraph (4) of the preceding Article (hereinafter in this Article and in the next Article referred to as “information, etc.”); provided, however, that representative consumer organizations may inspect evidence, etc., opinions or information, etc. only when the goods subject to the investigation are marketed for retail sale.
(2)A person who seeks to inspect evidence, etc. opinions or information, etc. pursuant to the provisions of the preceding paragraph shall submit to the Minister of Finance a document containing a list of the evidence, etc., opinions or information, etc. which the person seeks to inspect and the circumstances under which the person falls under the interested person, industrial user, etc. or representative consumer organization.
Article 8.Any interested person may, within the time limit set forth in item (vi) of Article 2, as publicly notified pursuant to the provisions of that Article, produce evidence or give testimony to the Minister of Finance with respect to the evidence, etc., opinions or information, etc. which has been subject to inspection pursuant to the provisions of paragraph (1) of the preceding Article.
(2)The Minister of Finance, if a request for testimony prescribed in the preceding paragraph is made by any interested person, shall notify the interested person in writing of the date and time, and the place, of hearing of testimony and other matters necessary for hearing of testimony.
(3)Interested persons, industrial users, etc. or representative consumer organizations may, within the time limit set forth in item (vi) of Article 2, as publicly notified pursuant to the provisions of that Article, submit their opinions to the Minister of Finance in writing with respect to the evidence, etc., opinions or information, etc. which has been subject to inspection pursuant to the provisions of paragraph (1) of the preceding Article; provided, however, that representative consumer organizations may state their opinions only when goods subject to the investigation are marketed for retail sale.
(4)Industrial users, etc. or representative consumer organizations may, within the time limit set forth in item (vi) of Article 2, as publicly notified pursuant to the provisions of that Article, provide information to the Minister of Finance in writing with respect to the evidence, etc., opinions or information, etc. which has been subject to inspection pursuant to the provisions of paragraph (1) of the preceding Article; provided, however, that representative consumer organizations may provide information only when goods subject to the investigation are marketed for retail sale.
Article 9.The Minister of Finance, if it is found that evidence produced or testimony given pursuant to the provisions of the first sentence of paragraph (1) or the first sentence of paragraph (2), of Article 4 or paragraph (1) of the preceding Article, opinions stated pursuant to the provisions of paragraph (1) or (2) of Article 5 or paragraph (3) of the preceding Article or information provided pursuant to the provisions of the first sentence of paragraph (1) or (3) of Article 6 or paragraph (4) of the preceding Article is insufficient, may hold, during the investigation period, a public hearing concerning the investigation and hear the testimony of interested persons or the opinions of interested persons, industrial users, etc. or representative consumer organizations or receive information from industrial users, etc. or representative consumer organizations.
Article 9-2.When an investigation referred to in paragraph (6) of Article 9 of the Act has been initiated, if it has been decided that the fact of increased imports of specific products and the fact of material injury, etc. to a Japanese industry caused by the imports are presumed as provided for in paragraph (8) of that Article, the Minister of Finance is to give in the official gazette a public notice of that decision and the fact that forms the basis for the decision.
Article 10.When a decision has been made to take the measure prescribed in paragraph (1) or (8) of Article 9 of the Act, to extend, pursuant to the provisions of paragraph (10) of that Article, the measure prescribed in paragraph (1) of that Article or to withdraw or liberalize the measure prescribed in paragraph (1) of that Article, the Minister of Finance shall promptly give in the official gazette a public notice of that fact and the matters as set forth in the following:
(i)the descriptions, brands, types and characteristics of the goods designated under paragraph (1) or (8) of Article 9 of the Act;
(ii)the period designated under paragraph (1) or (8) of Article 9 of the Act (if the measure prescribed in paragraph (1) of that Article is withdrawn or liberalized, including the date of the withdrawal or liberalization);
(iii)the place of origin of products imported from a developing country in small quantities as provided for in the proviso to paragraph (1) or (8) of Article 9 of the Act if these products have been excluded from those to be designated pursuant to these provisions;
(iv)the facts found through investigation and the conclusion derived therefrom (except where the measure prescribed in paragraph (1) of Article 9 of the Act is withdrawn or liberalized);
(v)details of liberalization if the measure prescribed in paragraph (1) of Article 9 of the Act has been liberalized;
(vi)any other relevant matters.
(2)When, as a result of investigation, it has been decided not to take any measure prescribed in paragraph (1) of Article 9 of the Act or not to extend the measure prescribed in that paragraph pursuant to the provisions of paragraph (10) of that Article, the Minister of Finance shall promptly give in the official gazette a public notice of that fact and the matters as set forth in the following:
(i)the descriptions, brands, types and characteristics of the goods subject to the investigation;
(ii)the facts found through the investigation and the conclusion derived therefrom;
(iii)any other relevant matters.
Article 11.The Minister having jurisdiction over the Japanese industry as provided for in paragraph (1) of Article 9 of the Act (hereinafter in this Article referred to as “the Minister having jurisdiction over the industry”), if it is found necessary in consideration of the requests made by persons having an interest in the industry or other circumstances, is to notify the Minister of Finance and the Minister of Economy, Trade and Industry of the need to hold consultation on initiation of an investigation, by providing them with materials necessary for evaluating whether there is sufficient evidence to initiate an investigation, including statistical data on matters set forth in item (i) of paragraph (1) of Article 102 of the Customs Act (Act No. 61 of 1954) with respect to the specific kind of goods as provided for in that paragraph (including the data obtained after making reasonable adjustment to the statistical data) and the data showing the domestic sales and production of the goods.
(2)When the notification referred to in the preceding paragraph has been issued, the Minister of Finance, the Minister having jurisdiction over the industry and the Minister of Economy, Trade and Industry, after having assessed whether there is sufficient evidence as referred to in the preceding paragraph, decide whether an investigation is or is not to be initiated.
(3)When it has been decided to initiate an investigation, the Minister of Finance, the Minister having jurisdiction over the industry and the Minister of Economy, Trade and Industry keep in close contact with each other with respect to the investigation (including handling of the results thereof), and any important matters involved are to be determined through consultation with each other.
Article 12.The Minister of Finance, if it is found necessary to take the measure prescribed in paragraph (1), (3), (4) or (8) of Article 9 of the Act, to extend, pursuant to the provisions of paragraph (10) of that Article, the measure prescribed in paragraph (1) of that Article or to withdraw or liberalize the measure prescribed in paragraph (1), (3) or (4) of that Article, promptly refers the matter to the Council on Customs, Tariff, Foreign Exchange and other Transactions; provided, however, that this does not apply to the case where it is found necessary to immediately take the measure prescribed in paragraph (8) of that Article.
(2)When the measure prescribed in paragraph (8) of Article 9 of the Act has been taken under the proviso to the preceding paragraph, the Minister of Finance shall promptly report the details of the measure to the Council on Customs, Tariff, Foreign Exchange and other Transactions.