A. Legal basis

“Customs Act” (Article 67 to 69) and “The Regulations Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties”.

B. The authorities

1. Case receiving authority is the Customs Administration, Ministry of Finance (MOF).

2. Deciding authority is the Tariff Commission, MOF.

3. Investigation authorities

(a)The Customs Administration, MOF is responsible for investigating whether the dumping exists.

(b)The International Trade Commission, Ministry of Economic Affairs is responsible for investigating whether the dumping cause injury to the domestic industry. (https://www.moeaitc.gov.tw/ITC/english/home/wfrmEnglish.aspx)

4. Approval authority is the MOF.

C. Applicant’s eligibility

1. The producers of a domestic like product or related commercial, industrial, labor, agricultural associations and other legal organizations can prove their representative of the industry.

2. The “representative of the industry” shall be determined by the total production of a domestic like product within the most recent year. The application shall be supported by domestic producers whose production constitutes more than 50 percent of the total production of the domestic producers expressing either support for or opposition to the application; the production of the domestic producers expressing support for the application shall account for more than 25 percent of the total production of a domestic like product.

3. The producers who are related to domestic importers, foreign exporters or are themselves importers of the dumping product may not be included in the domestic industry.

D. Application format and content

1. The application and attachments shall be written in horizontal format and be provided in A4 size.

2. The application shall provide evidence of dumping, injury to the domestic industry and the causality between dumping and injury, including

(a)The brief of case;

(b)Information about the applicant’s eligibility;

(c)The producers of a domestic like product and their production volume and production value;

(d)The full description of the dumping product;

(e)The list of exporters/producers of the country or countries of export or origin and domestic importers;

(f)The exporting price to the R.O.C. (export price), the domestic selling price in the country or countries of export or origin (normal value) and the dumping margin. The normal value may be substituted by the exporting price to an appropriate third country or the constructed price under some conditions;

(g)The condition of import growth of the dumping product;

(h)The effect of the dumping product on a domestic like product price;

(i)The effect of the dumping product in the domestic industry.

3. If part of the application and attachments are requested confidentiality, the applicant shall provide public version.