Latest revision: Cabinet Order No. 6 of January 25, 2017
Cabinet Order on Emergency Tariff Measures under Economic Partnership Agreements
(Japanese Industry)
Article 1.Article 1 of Cabinet Order on Emergency Duty, etc. (Cabinet Order No. 417 of 1994; hereinafter referred to as “the Cabinet Order”) applies mutatis mutandis to the Japanese industry provided for in paragraph (1) of Article 7-7 of the Temporary Tariff Measures Act (hereinafter referred to as “the Act”).
(Public notice of initiation of investigation)
Article 2.The Minister of Finance shall, when a decision has been taken to initiate an investigation referred to in paragraph (6) of Article 7-7 of the Act (hereinafter simply referred to as “investigation”), promptly give in the official gazette a public notice of such decision and the following matters:
(i)the country covered by the investigation (including a territory having its own tariff and trade system; hereinafter the same applies);
(ii)the descriptions, brands, types and characteristics of goods pertaining to the investigation;
(iii)the date on which the investigation is to be initiated;
(iv)the period covered by the investigation;
(v)a summary of matters covered by the investigation;
(vi)the time limit for production of evidence and testimony, statement of opinions, provision of information and inspection of evidence, etc., opinions and information, etc., as prescribed respectively in the first sentence of paragraph (1) of Article 4, paragraph (1) of Article 5, the first sentence of paragraph (1) of Article 6 and paragraph (1) of Article 7, of the Cabinet Order, as applied mutatis mutandis pursuant to the next Article;
(vii)the time limit for production of evidence, testimony, statement of opinions and provision of information, as prescribed respectively in paragraphs (1), (3) and (4) of Article 8 of the Cabinet Order, as applied mutatis mutandis pursuant to the next Article;
(viii)any other relevant matters.
(Production of evidence, etc.)
Article 3.Articles 4 to 9 of the Cabinet Order apply mutatis mutandis to investigation. In this case, the term “Article 2” in the first sentence of paragraph (1) of Article 4, the main clause of paragraph (1) of Article 5, the first sentence of paragraph (1) of Article 6, the main clause of paragraph (1) of Article 7, paragraph (1) of Article 8 and the main clauses of paragraphs (3) and (4) of Article 8, of the Cabinet Order shall be read respectively as “Article 2 of the Cabinet Order on Emergency Tariff Measures under Economic Partnership Agreements” and the term “the fact or the circumstances as provided for respectively in paragraph (6) or (10) of Article 9 of the Act” in the first sentences of paragraphs (1) and (2) of Article 4 of the Cabinet Order shall be read as “the fact provided for in paragraph (6) of Article 7-7 of the Temporary Tariff Measures Act”.
(Public notice of taking emergency tariff measure, etc.)
Article 4.The Minister of Finance shall, when a decision has been made to take the measure prescribed in paragraph (1) or (7) of Article 7-7 of the Act, to extend, pursuant to the provision of paragraph (2) of 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, promptly give in the official gazette a public notice of such decision and the following matters:
(i)the country specified, as prescribed in paragraph (1) or (7) of Article 7-7 of the Act;
(ii)the descriptions, brands, types and characteristics of goods specified, as prescribed in paragraph (1) or (7) of Article 7-7 of the Act;
(iii)the period specified pursuant to the provision of paragraph (1) or (7) of Article 7-7 of the Act (including the date of withdrawal or liberalization if the measure prescribed in paragraph (1) of that Article is withdrawn or liberalized);
(iv)the fact found as a result of investigation and the conclusion derived therefrom (excluding the case where the measure prescribed in paragraph (1) of Article 7-7 of the Act is extended pursuant to the provision of paragraph (2) of that Article or where the measure prescribed in paragraph (1) of that Article is withdrawn or liberalized);
(v)if the measure prescribed in paragraph (1) of Article 7-7 of the Act is extended pursuant to the provision of paragraph (2) of that Article, the reason therefor;
(vi)if the measure prescribed in paragraph (1) of Article 7-7 of the Act is liberalized, the details thereof;
(vii)any other relevant matters.
(2)The Minister of Finance shall, in cases where, as a result of investigation, a decision has been made not to take the measure prescribed in paragraph (1) of Article 7-7 of the Act, promptly give in the official gazette a public notice of such decision and the following matters:
(i)the country covered by the investigation;
(ii)the descriptions, brands, types and characteristics of goods pertaining to the investigation;
(iii)the fact found as a result of the investigation and the conclusion derived therefrom;
(iv)any other relevant matters.
(Consultation relating to investigation, etc.)
Article 5.If the Minister having jurisdiction over the Japanese industry as provided for in paragraph (1) Article 7-7 of the Act (hereinafter referred to as “the Minister having jurisdiction over the industry” in this Article) considers it necessary, taking into account the request made by a person having an interest in such industry or other circumstances, the Minister having jurisdiction over the industry shall notify the Minister of Finance and the Minister of Economy, Trade and Industry of the need to hold a consultation pertaining to initiation of an investigation, by providing these Ministers with the statistical figures on matters set forth in item (i) of paragraph (1) of Article 102 of the Customs Act (Act No. 61 of 1954) with respect to the specific kind of goods provided for in paragraph (1) of Article 7-7 of the Act (including figures obtained by making reasonable adjustment to such statistics), figures indicating the details of the domestic sales and production of such goods and other necessary materials for determining whether there is sufficient evidence to substantiate initiation of investigation.
(2)In cases where 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 shall, after having confirmed the evidence referred to in that paragraph, decide whether investigation is to be initiated.
(3)In cases where a decision has been taken to initiate an investigation, the Minister of Finance, the Minister having jurisdiction over the industry and the Minister of Economy, Trade and Industry shall keep in close contact with each other with respect to the investigation (including handling of the result thereof) and any important matters involved shall be determined in consultation with each other.
(Referral to the Council on Customs, Tariff, Foreign Exchange and other Transactions)
Article 6.The Minister of Finance shall, if it is considered necessary to take the measure prescribed in paragraph (1), (3), (4) or (7) of Article 7-7 of the Act, to extend, pursuant to the provision of paragraph (2) of 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 refer the matter to the Council on Customs, Tariff, Foreign Exchange and other Transactions; provided, however, that this does not apply to the case where it is considered necessary to immediately take the measure prescribed in paragraph (7) of that Article.
(2)The Minister of Finance shall, in the case where the measure prescribed in paragraph (7) of Article 7-7 of the Act has been taken under the proviso to the preceding paragraph, promptly report the details of such measure to the Council on Customs, Tariff, Foreign Exchange and other Transactions.