WORLD TRADE
ORGANIZATIONG/SG/N/1/TPKM/1
21 May 2002
(02-2799)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS, REGULATIONS AND
ADMINISTRATIVE PROCEDURES RELATING
TO SAFEGUARD MEASURES
SEPARATE CUSTOMS TERRITORY OF
TAWIAN, PENGHU, KINMEN AND MATSU
The following communication, dated 7 May 2002, has been received from the Permanent
Mission of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.
_______________
Pursuant to Article 12.6 of the Agreement on Safeguards, the Separate Customs Territory of
Taiwan, Penghu, Kinmen and Matsu has the honour of notifying the Committee of the followingrelated regulations.
1. Rules for Handling Relief Cases Regarding Textiles and Clothing
2. Rules for Handling Import Relief Cases
* * *
Rules for Handling Import Relief Cases Regarding Textiles and Clothing
Promulgated on 2 June 1999, as Amended on 13 September 2000
(In case of any discrepancy between the Chinese and English
texts of these Rules, the Chinese text shall govern)
Chapter I General Provisions
Article 1
These Rules are prescribed in accordance with the provisions of Article 18, paragraph 3 of the
Foreign Trade Act (hereafter referred to as "the Act").
Article 2
The term "textiles and clothing" as referred to herein means goods which have been so
designated publicly by the Ministry of Economic Affairs pursuant to the Act.G/SG/N/1/TPKM/1
Page 2
Article 3
The term "import relief case regarding textiles and clothing" as referred to herein means a
case for which a petition has been filed for investigation into the injury caused to an industry and for
import relief pursuant to Article 18, paragraph 1 of the Act.
The establishment of a case of injury to the industry as referred to in the preceding paragraph
means an increase in the imported quantities of the product concerned, resulting in the domestic
industry producing the like products or directly competitive products being seriously injured or
threatened thereof.
Article 4
The term “domestic industry” as referred to in these Rules means the domestic producers of
like products or directly competitive products whose collective output of the products constitutes, as
determined by the International Trade Commission of the Ministry of Economic Affairs (hereafter
referred to as the "Commission"), a major proportion of the total domestic production of thoseproducts.
The term “like products” as referred to herein means textiles and clothing products having the
same characteristics and are composed of the same materials; the term “directly competitive products”
means textiles and clothing products which, despite the differences in their characteristics, are directlysubstitutable textiles and clothing products in terms of their utility purpose and commercial
competitiveness.
Article 5
The term "interested party" as referred to herein means:
1. Foreign producers, foreign exporters, domestic importers or the commercial/industrial
associations to which they belong as members;
2. The government or its representative(s) of the exporting countries or the countries of the
origin;
3. The domestic producers of like products or directly competitive products or the
commercial/industrial associations to which they belong as members;
4. Other interested parties as identified by the Commission.
Article 6
In determining whether the domestic industry is seriously injured, overall consideration shall
be given to the following factors of the injured domestic industry and the change(s) in circumstances:
(i) output,
(ii) productivity,
(iii) utilization of capacity,
(iv) inventories,G/SG/N/1/TPKM/1
Page 3
(v) market share,
(vi) exports,
(vii) wages and employment,
(viii) domestic prices,
(ix) profits and investment,
(x) other related economic factors.
In making a determination regarding the existence of a threat of serious injury, the factors and
their trend of changes as mentioned in the precedin g paragraph shall be considered so as to evaluate
whether the said industry would be seriously injured if relief measures were not adopted.
The Ministry of Economic Affairs, in determin ing the injury in accordance with the preceding
two paragraphs, shall consider all evidence or data acquired in the investigation. When factors otherthan increased imports are causing injury to the domes tic industry at the same time, such injury shall
not be attributed to increased imports.
Article 7
The Ministry of Economic Affairs may adopt import quotas as relief measures if it has,
pursuant to these Rules, determined that the indu stry has been injured in an import relief case.
Any import quota invoked pursuant to the provisions of these Rules shall be applied on a
country-by-country or region-by-region basis.
Article 8
In applying the aforesaid import quotas on a country-by-country or region-by-region basis,
overall considerations shall include:
1. Sharp and substantial increases in imports, actual or imminent, from such a country/region or
countries/regions;
2. A comparison of the scale of the increase as referred to in the preceding item with imports
from other countries or regions and their market shares;
3. A price comparison between the imported textiles and clothing and those of the domestic
industry at the same trade level.
Article 9
With respect to an import relief case regarding textiles and clothing, the Ministry of
Economic Affairs may, upon petition by the relevant authority, the injured domestic industry, or the
trade association representing the injured domestic industry or the relevant entities, hand over the caseto the Commission to proceed with the investigation.G/SG/N/1/TPKM/1
Page 4
Chapter II Petition
Article 10
In a case of petition for import relief, the petitioner shall submit a written petition to the
Ministry of Economic Affairs, setting forth the following particulars and enclosing the relevant
information:
1. Proof that the petitioner meets the qualifications prescribed in Article 9;
2. A description of the imported textiles and clothing:
(i) the name and standard classification code of textiles and clothing products,
tariff code, specifications and grade, main production process, composition,usage and other characteristics;
(ii) the exporting countries, country of origin, producer, foreign exporter, and
domestic  importer.
3. Facts of the affected industry:
(i) the output, productivity, utilization of capacity, inventories, export volume,
price, profits and investment, wages and number of employees, inclusive of
changes over the last three years prior to the petition date;
(ii) the quantity, prices and the market share of imports in the domestic market of
the said textiles and clothing products for the last three years prior to the
petition date;
(iii) the quantity and prices of the said textiles and clothing products imported
from the major exporting countries for the last three years prior to the petition
date;
(iv) other information which can be used to demonstrate the fact that the industry
is being affected.
The particulars and information which shall be set forth or required under sub-paragraph 2
and 3 of the preceding paragraph can be waived if the petitioner has a justification for not being able
to provide the same and the Commission has so agreed.
Article 11
Unless any one of the following situations occur in which a petition shall be dismissed, the
Ministry of Economic Affairs, shall, within 30 days from the day after receiving the petition for
import relief, refer the case to the Commission for review and decision on whether to initiate an
investigation; provided, however , that the time required for the petitioner to supplement information
shall not be included in the 30-day period.
1. The petitioner is not qualified according to Article 9;
2. The petitioner fails to meet the requirements stipulated in Article 10, Paragraph 1, and fails to
supplement data within the period as notified or fails completely to supplement the
information.G/SG/N/1/TPKM/1
Page 5
Regardless of whether a decision is made to initiate an investigation or not, the Ministry of
Economic Affairs shall immediately notify the petiti oner and known interested parties in writing and
publish such a decision in the Gazette of the Ministry of Economic Affairs.
Chapter III Investigation into Injury Caused to the Industry
Article 12
Where the Commission investigates into an import relief case, the chairman of the
Commission shall designate one or two Commissioners to be responsible for handling the case and,
where necessary, request the relevant agency to assign staff or commission scholars and experts in therelevant fields on a case-by-case basis to assist in the investigation.
Article 13
The Commission, when conducting investigation in to an import relief case, shall comply with
the following rules:
(i) It shall review the information provided by the petitioner and the interested
parties, may assign staff to conduct on-site verification and, when necessary,
may require additional provision of relevant information; and
(ii) It shall hold hearings.
The hearing referred to in sub-paragraph 2 of the preceding paragraph shall be presided over
by the specific Commissioner designated by the Chairman of the Commission.
If the petitioner or interested parties still have any supplementary opinions to submit after the
completion of a specific hearing, such opinions  shall be submitted in writing to the Commission
within 7 days from the  day after the conclusion of the specific hearing.
The petitioner or the interested parties sh all provide information according to the
requirements of the Commission; if such information is not provided within the specified time, the
Commission may proceed to examine the case based on the information available.
The relevant procedures prescribed in the Rules for Handling Import Relief Cases shall then
apply mutatis mutandis  with respect to the procedures for public hearings held pursuant to
Paragraph 1.
Article 14
The petitioner and the interested parties shal l indicate in writing whether or not the
information they provide may be made public or shall be kept confidential; when a request for
confidentiality is made, a summary which can be made public shall be provided.
If the request for confidentiality is not justified or a public summary is not provided, the
Commission may disregard the said information.
When the petitioner or interested parties have made a request for confidentiality with
justification, the Commission shall not disclose the said information without the approval of thepetitioner or the interested parties.G/SG/N/1/TPKM/1
Page 6
Article 15
The Commission shall permit access to non-confidential information provided by the
petitioner or interested parties.
Article 16
The Commission shall complete its investigation within 90 days from the day after the
petitioner is notified of the initiation of investigation by the Ministry of Economic Affairs, and it shall
convene a Commissioners Meeting to make a decision as to whether a case of injury shall or shall not
be established.
When a decision is made that there has been injury to the industry, the Commission shall
continue to make recommendations as to the nature and extent of restriction to be established and the
countries/regions to which they shall be applied.
The time limit referred to in  Paragraph 1 may be extended by 45 days, if necessary, and the
extension shall be limited to one time; the Commission shall notify the petitioner and the known
interested parties of  such an extension of time and the reasons for it, and announce the same publicly.
Article 17
The decision referred to in the preceding Article shall be made by at least half of the attending
Commissioners at a meeting attended by at least two-thirds of the total number of Commissioners.
Article 18
The Commission shall, within 15 days after its decision on the import relief measures is
made, prepare a letter of decision and submit to the Ministry of Economic Affairs together with an
investigation report. The Ministry of Economic Affairs shall notify the petitioner and the known
interested parties of the decision in writing, and shall give a public notice of the decision; in case of an
affirmative decision that the industry has been injured, the Ministry of Economic Affairs shall notify
the known producers and exporters or the representatives of governments in those countries/regions to
which the measures shall be applied.
Chapter IV Import Relief
Article 19
The adoption of import relief measures and their degree shall take into account the extent of
their effect each import relief case will have on national interests, the rights and interests of the
consumers and the relevant industries, and shall be limited to the extent of curing or preventing the
injury caused to the industry by the imports.
Article 20
When the Ministry of Economic Affairs decides not to adopt any relief measures, it shall
notify the petitioner and the known interested parties in writing immediately and give a public noticethereof.G/SG/N/1/TPKM/1
Page 7
Article 21
When the Ministry of Economic Affairs decides to adopt relief measures, it shall notify the
Textiles Monitoring Body of the World Trade Organization (hereafter referred to as “TMB”) in
accordance with the Agreement on Textiles and Clothing and enter into consultation with thosecountries/regions to which the measures shall be applied.
Article 22
The Ministry of Economic Affairs shall, after an agreement for the textiles and clothing
products concerned is reached as a result of the consultation, give public notice of quota measures to
be implemented and notify the TMB of the contents of the agreement within 60 days following thedate of the conclusion of the agreement.
In the event that no agreement has been reached within 60 days after the date on which the
request for consultations was received, the Ministry of Economic Affairs may, within 30 days upon
expiration of the said period, announce the implementation of the import quotas and at the same timerefer the matter to the TMB.
Article 23
The level of such import quotas on the product as aforesaid shall be set at a level not lower
than the actual level of imports or exports from the exporting countries/regions concerned during the
12-month period ending 2 months preceding the m onth in which the request for consultations was
made.
Article 24
In highly unusual and critical circumstances, where delay would cause damage to the
domestic industry which would be difficult to cure, the Ministry of Economic Affairs may implement
import quotas provisionally on the condition that the request for consultations and notification to the
TMB shall be effected within no more than 5 working days after taking the action.
Article 25
The implementation period for the import quotas sh all not exceed 3 years.  Provided that the
textiles and clothing products concerned are not designated in Article 2 in accordance with the public
notice, the said measures shall be terminated immediately.
Article 26
If the cause for import relief ceases to exist or if there is a change in circumstances after the
import quotas have been implemented for one year, the petitioner or interested parties may file a
report to the Ministry of Economic Affairs for termination or modification of the relief measures withconcrete reasons and accompanied by evidence.
In the event of the following situations occu rring during the implementation period of the
import quotas, the Ministry of Economic Affairs may, acting in an ex officio capacity or upon petition,
terminate the said import quotas:
1. A substantial rise in the domestic prices of the textiles and clothing products concerned is
caused by implementation of the import quotas,G/SG/N/1/TPKM/1
Page 8
2. The industry structure of the textiles and clothing products concerned cannot be effectively
improved.
The provisions of Chapter II shall then apply mutatis mutandis with respect to the application
procedures of  the preceding paragraphs.
For any petitions submitted under Paragraph 1 and Paragraph 2, the Commission shall
complete its investigation within 90 days from the day after the petitioner is notified of the initiation
of the investigation by the Ministry of Economic Affairs.  The time limit may be extended by 45 days,
if necessary, and the extension shall be limited to one time; the Commission shall notify the petitioner
and the known interested parties of such an extension of time and the reasons for it, and announce the
same publicly.
Article 27
During the implementation period of the subject relief, if the textiles and clothing products
concerned are imported via another country/region or  another method of circumvention is used, the
Ministry of Economic Affairs may, acting in an ex officio  capacity or upon petition by the petitioner
and interested parties, initiate an investigation and notify the foreign exporters and domestic
importers, as well as the government agency or its representative of the exporting country of the
textiles and clothing products concerned, to submit explanations.
In the event that the Ministry of Economic Affairs reaches an affirmative finding from the
aforesaid investigation, it may, in accordance with the result of the investigation, adjust the import
quotas of the concerned countries/regions based on the quantity that is found to be of the
circumvented.
Prior to the adjustment, the Ministry of Economic Affairs may enter into consultations with
the said countries/regions.
For any petitions submitted under Paragraph 1, the Commission shall complete its
investigation within 90 days from the day after the petitioner is notified of the initiation of the
investigation by the Ministry of Economic Affairs. The time limit may be extended by 45 days, if
necessary, and the extension shall be limited to one time; the Commission shall notify the petitioner
and the known interested parties of such an extension of time and the reasons for it, and announce thesame publicly.
Chapter V Supplemental Provisions
Article 28
The Ministry of Economic Affairs shall not, within one year after making a decision in an
import relief case that the industry has not been injured or that relief shall not be accorded despite the
industry has been injured, accept another petition regarding the same imported textiles and clothingproducts based on the same set of facts; provided, however , those with justifications are not subject to
this limitation.
Article 29
The public notice to be issued in accordance with these Rules shall be published in the
Gazette of the Ministry of Economic Affairs and, in addition, may be published in the daily
newspaper.G/SG/N/1/TPKM/1
Page 9
Article 30
The matters regarding investigation, determination and calculation of import quotas, which
are not specified in these Rules, shall be carried out in accordance with relevant internationalagreements.
Article 31
These Rules shall be implemented from the date of promulgation.
* * *
Rules for Handling Import Relief Cases
Promulgated on 1 June 1994, as amended on 30 December 1998 and on 21 June 2000
(In case of any discrepancy between the Chinese and English
texts of these Rules, the Chinese text shall govern.)
Chapter I General  Provisions
Article 1
These Rules are prescribed in accordance with the provisions of Article 18, Paragraph 3 of the
Foreign Trade Act (hereafter referred to as “the Act”).
Article 2
The term “import relief case” as referred to herein means a case in which application has been
made for investigation into the injury caused to an industry and for import relief pursuant to
Article 18, Paragraph 1 of the Act.
A case of injury to the industry as referred to in the preceding paragraph is to be established,
when there is an increase in the imported quantity of the product concerned, or an increase in such
imports relative to domestic production, so as to cause or threaten to cause serious injury to thedomestic industry producing like products or directly competitive products.
The term “serious injury” as referred to in  the preceding paragraph means an obvious and
comprehensive injury to the domestic industry; the term “threat of serious injury” means a serious
injury not yet occurred but clearly imminent.
Article 3
In making a determination regarding the existence of serious injury, the amount and rate of
increase in imports of the product concerned in absolute terms and relative to domestic productionshall be considered altogether, and consideration shal l also be given to the following factors in respect
of the domestic industry concerned and changes thereof:
(i) market share,G/SG/N/1/TPKM/1
Page 10
(ii) sales,
(iii) production,
(iv) productivity,
(v) capacity utilization,
(vi) profits and losses,
(vii) employment,
(viii) other relevant factors.
In making a determination regarding the existence of a threat of serious injury, in addition to
the factors and their trend of changes as mentioned in the preceding paragraph, the production
capacity and export capability of the major exporting countries shall be considered so as to evaluate
whether the said industry is to be seriously injured if the relief measure is not adopted.
The Ministry of Economic Affairs, in determin ing the injury in accordance with the preceding
two paragraphs, shall consider all evidence or info rmation acquired in the investigation. When factors
other than increased imports are causing injury to the domestic industry at the same time, such injury
shall not be attributed to increased imports.
Article 4
For those import relief cases in which the existence of injury or threat thereof has been
established pursuant to these Rules, the Ministry of Economic Affairs may adopt the following relief
measures:
1. Adjusting the tariffs,
2. Imposing import quotas,
3. Providing financing guarantee, subsidy for technological research and development,
assistance for changing the line of business, professional training or other adjustmentmeasures or assistance.
The measures as referred to in the sub-paragraphs 1 and 2 of Paragraph 1 shall not be adopted
simultaneously.
The measure as referred to in sub-paragraph 1 of Paragraph 1 shall be implemented pursuant
to the provisions of the Customs Law upon the Ministry of Finance being notified by the Ministry of
Economic Affairs. The measure as referred to in sub-paragraph 2 may be implemented based on theagreement made between the Ministry of Economic Affairs and the exporting countries regarding
relevant matters. The measure as referred to in sub-paragraph 3, when related to agricultural products,
shall be implemented by the Council of Agriculture of the Executive Yuan. Other relief measures
shall be implemented by the Ministry of Economic Affairs in conjunction with the government
agencies concerned.G/SG/N/1/TPKM/1
Page 11
Article 5
The term “domestic industry” as referred to in these Rules means the domestic producers of
like products or directly competitive products whose collective output of the products constitutes, as
determined by the International Trade Commission of the Ministry of Economic Affairs (hereafterreferred to as the “Commission”), a major proportion of the total domestic production of those
products.
The term “like products” as referred to herein means products having the same characteristics
and are composed of the same materials; the term “directly competitive products” means products
which, despite the differences in their characteristics or composing materials, are directly substitutable
products in terms of their utility purpose and commercial competitiveness.
Article 6
With respect to an import relief case, the Ministry of Economic Affairs may, upon the petition
by the relevant authority, the injured domestic industry, the association representing the injureddomestic industry or the relevant entities, refer th e case to the Commission to proceed with the injury
investigation.
Article 7
Unless otherwise provided by these Rules, a decision of the Commission shall be taken by a
majority of the attending Commissioners at a meeting attended by a majority of the Commissioners.
Chapter II Petitions
Article 8
In a case of petition for import relief, the petitioner shall submit a written petition to the
Ministry of Economic Affairs, setting forth the following particulars and enclosing the following
relevant information:
1. Proof that the petitioner meets the qualifications prescribed in Article 6;
2. A description of the imported goods:
(i) the name and standard classification code of the goods, tariff code, quality,
specifications, usage and other characteristics;
(ii) the country of export, country of origin, producer, exporter, and importer;
3. The facts on the industry being affected:
(i) the production, sales, inventory, product, price, profits and losses, capacity
utilization, and employment of the domestic industry, and their changes for
the most recent three years prior to the petition date;
(ii) the quantity, price and market share of imports in the domestic market for the
most recent three years prior to the petition date;
(iii) the quantity and price of the goods imported from the major exporting
countries for the most recent three years prior to the petition date;G/SG/N/1/TPKM/1
Page 12
(iv) other information which may be used to demonstrate the fact that the industry
is being affected;
4. The adjustment plan and the proposed relief measures allowing the industry to recover its
competitiveness or to shift to another line of business.
The particulars and information which shall be set forth or required under sub-paragraphs 2
and 3 of the preceding paragraph may be waived, if the petitioner has justification for not being able
to provide the same and the Commission has so agreed.
The adjustment plan as referred to in sub-paragraph 4 of Paragraph 1 may be submitted within
90 days of the filing of the petition.
Article 9
Unless in any of the following situations which would cause the dismissal of the petition, the
Ministry of Economic Affairs, shall, within 30 days from the day after receiving the petition, refer the
import relief case to the Commission for review and decision on whether to initiate an investigation;
provided, however, that the time required for the petitioner to supplement information shall not beincluded in the thirty-day period:
1. The petitioner is not qualified as required in Article 6; or
2. The petitioner fails to meet the requirements stipulated in Article 8, Paragraph 1, and fails to
supplement data within the period as notified or fails completely to supplement theinformation.
Regardless of whether a decision is made to initiate an investigation or not, the Ministry of
Economic Affairs shall immediately notify the petiti oner and known interested parties in writing and
publish such a decision in the Gazette of the Ministry of Economic Affairs.
Chapter III Investigation into Injury Caused to the Industry
Article 10
Where the Commission investigates into an import relief case, the Chairperson of the
Commission shall designate one or two Commissioners to be responsible for handling the case and,where necessary, request the relevant agency to assign staff or commission scholars and experts in the
relevant fields on a case-by-case basis to assist in the investigation.
Article 11
The Commission, when conducting investigation in to an import relief case, shall comply with
the following:
(i) It shall review the information provided by the petitioner and the interested
parties, and may assign staff to conduct on-site verification, and whennecessary, may require the provision of additional relevant information; and
(ii) It shall hold hearings.G/SG/N/1/TPKM/1
Page 13
The petitioner or interested parties shall provid e information according to the requirements of
the Commission; if such information is not prov ided, the Commission may proceed to examine the
case based on the information available.
Article 12
The Commission shall permit public access to the information provided by the petitioner or
interested parties, except where a request with just ification has been made for keeping the information
confidential.
With respect to the request for confidentialit y referred to in the preceding paragraph, the
Commission may require provision of a summary which can be made public; if the request forprovision of a summary is refused without ju stification, the Commission may disregard the said
information.
Article 13
The Commission shall give public notice in advance of the date set forth for each hearing  and
shall publish such notice in newspapers.
The Commission shall at the same time notify the petitioner and the known interested parties
to attend the hearing.
Article 14
Application to attend a hearing may be submitted to the Commission  in advance of the date
set forth for a specific hearing. The applicant may present its substantive opinions relating to the case
in writing to the Commission prior to a specific hearing.
Article 15
The Commission may, prior to the formal holding of a specific hearing, convene a meeting
relating to procedural matters to decide on the order of presentations, the time allocated to each
presentation, and other relevant matters.
Each hearing shall be presided over by the one or more Commissioners designated by the
Chairperson of the Commission pursuant to Article 10.
Article 16
If the petitioner or interested parties still have supplementary opinions to submit after the
completion of a specific hearing, such opinions  shall be submitted in writing to the Commission
within 7 days.
Article 17
Having completed the investigation with respect to an import relief case, the Commission
shall convene a Commissioners Meeting to decide whether the domestic industry has been injured.
The decision referred to in the preceding paragraph shall be made by at least two thirds of the
attending Commissioners at a meeting attended by at least two thirds of the Commissioners.G/SG/N/1/TPKM/1
Page 14
Article 18
Unless otherwise provided in Article 19, Paragraph 1, the Commission shall make a decision
as to whether the industry has been injured within 120 days from the day after the petitioner is
notified of the initiation of the investigation by the Ministry of Economic Affairs.
The time limit referred to in the preceding paragraph may be extended by 60 days, if
necessary, the Commission shall notify the petitioner of such extension of time and give public notice
thereof.
Article 19
With respect to an import relief case for perishable agricultural products where the serious
injury would be difficult to cure if relief measures are not adopted in time, the Ministry of Economic
Affairs shall, within 20 days from the day following  the receipt of the petition, refer the case to the
Commission for review as to whether or not to initiate an investigation, and shall also apply Article 9
mutatis mutandis with respect to the procedures regarding supplementation, dismissal, notificationand giving public notice.
When an investigation is to be initiated, the Commission shall make a decision as to whether
the industry has been injured or not within 70 days from the day after the petitioner is notified of the
initiation of the investigation by the Ministry of Economic Affairs.
The perishable agricultural products referred to in the preceding paragraph shall be
determined by the competent central agricultural authority on a case-by-case basis.
Article 20
In respect of a decision on whether the industry has been injured, the Commission shall,
within 15 days after the decision is made, prepare a letter of decision and submit to the Ministry of
Economic Affairs together with an investigation report. The Ministry of Economic Affairs shall notify
the petitioner of the decision in writing and publish the decision in the Gazette of the Ministry of
Economic Affairs.
In case of an affirmative decision that the industry has been injured, the Commission shall,
within 30 days from the date the decision is made, hold a  hearing on the import relief measures it
intends to adopt, and thereafter submit to the Ministry of Economic Affairs a recommendation as to
whether import relief measures shall be adopted.
Whenever the Commission submits a recommendation that relief measures shall not be
adopted and the Ministry of Economic Affairs finds its recommendation acceptable, the Ministry of
Economic Affairs shall promptly give a public notice that no relief measure will be implemented; if
the Ministry of Economic Affairs does not find its recommendation acceptable, the Ministry of
Economic Affairs shall promptly order the Commission to hold a  hearing within 30 days on theimport relief measures to be adopted, and thereafter submit its recommendation to the Ministry of
Economic Affairs.
The provisions of Articles 13 through 16 shall apply mutatis mutandis with respect to the
procedure for holding the hearing referred to in the preceding paragraph.G/SG/N/1/TPKM/1
Page 15
Article 21
The Commission’s recommendation to the Ministry of Economic Affairs for adopting or not
adopting relief measures shall be made by at least two thirds of the attending Commissioners at a
meeting attended by at least two thirds of the Commissioners.
Chapter IV Import Relief
Article 22
After the Ministry of Economic Affairs has agreed to the Commission’s recommendation to
adopt import relief measures, it shall, except for the adoption of the relief measures as provided in
Article 4, sub-paragraph 1 of Paragraph 1, which shall be dealt with in accordance with the relevant
provisions of the Customs Law, decide within 60 days on the relief measures which shall be adopted
ex officio or in consultation with the government agencies concerned; thereafter, it shall give public
notice of and implement such relief measures and report to the Executive Yuan for recordal.
The Ministry of Economic Affairs may, if necessary, notify and consult with the interested
countries before making the decision referred to in the preceding paragraph.
Article 23
The implementation of import relief measures sh all take into account the effect each import
relief case will have on national economic interests, the rights and interests of the consumers and the
relevant industries, and shall be limited to the scope of curing or preventing the injury caused to the
industry by the import. The period of implementation shall not exceed 4 years.
Article 24
If the cause for implementing import relief measures ceases to exist or if there is a change in
circumstances after the implementation of the measures, the petitioner or interested parties may file a
request, to the Ministry of Economic Affairs for te rmination or modification of the relief measures
with concrete reasons and accompanied by evidence.
The request referred to in the preceding paragraph shall be submitted at the latest within 90
days prior to the expiration of the period of implementation of the measures.
With respect to the request referred to in Paragraph 1, the Commission shall conduct an
investigation according to the procedure provided  in Chapter III and, upon the making of a decision
on whether to recommend termination or modification of relief measures, submit the recommendation
to the Ministry of Economic Affairs. If the Ministry finds the Commission’s recommendation to be
acceptable, it shall promptly give a public notice of termination or modification of the measures.
Article 25
If the petitioner considers that there is a need to extend the period of implementation of the
import relief measures, it may petition to the Ministry of Economic Affairs within 120 days prior to
the expiration of the period of implementation of the measures at the latest, for extending the reliefmeasures with concrete reasons for the need to extend the period of implementation and a description
of the said industry’s adjustment performance and plan, and accompanied by evidence.G/SG/N/1/TPKM/1
Page 16
The Ministry of Economic Affairs shall, within 90 days from the date following the day on
which it receives the petition for extension, make a decision as to whether the relief shall be extended,
and give a public notice on the measures implemented and the period of extension. The provisions of
Chapter II through IV shall apply mutatis mutandis with respect to the procedure for handling the
same.
The extent of relief of the extended measures referred to in Paragraph 1 shall not exceed that
of the original measures. The period of extension shall not exceed four years, and the extension shall
be limited to one time.
Article 26
The Commission shall prepare an annual review report on the results and effects of the
implementation of the relief measures adopted. If it believes that the cause for implementing the said
measures have extinguished or that there is a change in circumstances, it shall recommend the
Ministry of Economic Affairs to terminate or modify the measures. If the Ministry of Economic
Affairs finds its recommendation acceptable, the Ministry of Economic Affairs shall promptly give apublic notice of termination or modification of the measures.
Prior to the preparation of the annual review report, the Commission shall hold a hearing. The
provisions of Articles 13 through 16 shall apply mutatis mutandis with respect to the procedure for
holding the relevant  hearing.
Chapter V Supplemental Provisions
Article 27
The Ministry of Economic Affairs shall not, within one year after making a decision in an
import relief case that the industry has not been injured or that relief shall not be accorded despite the
industry has been injured, accept another petition regarding imported products on the same set of
facts; provided, however, those with justification are not subject to this limitation.
In cases where relief measures have been implemented, the Ministry of Economic Affairs
shall not impose relief measures for the same produc ts within two years after the expiration of the
original period of implementation. However, where the relief measures have been implemented for a
period exceeding 2 years, the Ministry of Economics may not impose such measures for the same
products for an equivalent period.
Notwithstanding the provisions of the preceding paragraph, the Ministry of Economic Affairs
may impose an import relief measure with a duration of 180 days or less again to the same imported
products if:
1. An import relief measure with a duration of 180 days or less has been implemented;
2. More than one year has passed since an import relief measure was implemented; and
3. Import relief measures have not been imposed for the same imported products more than
twice within 5 years prior to the date of implementation of the subsequent measures.G/SG/N/1/TPKM/1
Page 17
Article 28
If the Ministry of Economic Affairs shall, during the proceeding of investigation into the
injury caused to the industry, find that subsidization or dumping as provided under Article 46 or
Article 46-1 of the Customs Law is involved, it shall promptly notify the Ministry of Finance and thepetitioner.
Article 29
These Rules shall be implemented from the date of promulgation.
__________