Newsletter
Amended "Implementation Regulations on the Imposition of Countervailing and Antidumping Duties"
The Taiwan Government amended the "Implementation Regulations on the Imposition of Countervailing and Antidumping Duties" (the "Implementation Regulations") with reference to the antidumping regulations in the U.S. and EU. The amended Implementation Regulations came into effect on 2 February 2016, the major amendments of which are discussed as follows:
1. The time period for the deliberation of the initiation of the investigation (Article 8)
As (1) the competent authority frequently requested that the applicants supplement the petitions; and (2) the applicants requested that the time period needed for the competent authority's deliberation before the initiation of the investigation be shortened, the amendments have shortened the time period for the Ministry of Finance to submit the petition to the Customs Tariff Commission for review from 40 days to 30 days, which should commence from the next day on which the petition has been fully supplemented accordingly.
2. The acceptance, the examination procedures and the follow-up treatment of the price undertaking (Article 23 to Article 25-1)
The Implementation Regulations amended the acceptance and examination procedures, the review procedure after the price undertaking request is submitted, the performance and audit procedures of the price undertaking, and the consequence from a violation of the price undertaking. The major procedures are as follows:
(1) The price undertaking should be submitted within 30 days from the announcement of the preliminary determination.
(2) The competent authority should provide the interested parties and the relevant competent authorities with the opportunities of commenting on the request.
(3) The reasons and the effect that the competent authority does not accept the request for the price undertaking should be provided, and the consequences if the applicants violate the price undertaking are stipulated.
3. New shipper reviews (Article 35-1)
The amended Implementation Regulations clearly stipulate that in the event that a foreign producer or exporter, who did not export the product under investigation to Taiwan during the period of investigation, and is not related to any of such producers or exporters, exports the representative quantity of the product under investigation to Taiwan after the investigation, the producer or exporter may apply to the Ministry of Finance for a new shipper review.
4. Time limit for the re-application for an investigation (Article 45-1)
To avoid the waste of administrative resources, the amended Implementation Regulations adds a provision to stipulate that if the antidumping investigation has been terminated because of there is no injury, no subsidy or dumping, or the investigation has been terminated or the interim review or the sunset review has been completed according to Articles 15 or 15-1, the applicant should not apply for the investigation or review of the same product within one year from the announcement of the termination, or the determination of the review.