The Regulations Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties｜第 7 條｜關務｜Regulation｜In Force
財政部｜v1.0
Last Amended: 2019-01-28
An applicant applying for the imposition of a countervailing duty or anti-dumping duty on imported products shall file a written application containing the following items together with sufficient materials as required under paragraph 1 of Article 20 with the MOF. 1. Information about the imported subject product: (1) the description, quality, specification, use, tariff number or import and export commodity classification code, and other characteristics; (2) the names of the country or countries of export or origin, and any known foreign producers, exporters and domestic importers. 2. Information about the qualifications of the applicant: (1) the identity of the applicant, and of the producers of the domestic like product expressing support for or opposition to the application, with information of their annual production for the year prior to application, and documents supporting its qualification to represent the industry. (2) The name, quality, specifications, uses, tariff number or import and export commodity classification code, and other characteristics of the like product. 3. Information about the subsidy or dumping of the subject product: (1) the applicant applying for the imposition of a countervailing duty on the imported product shall state that a financial contribution or other form of subsidy has been directly or indirectly received during the course of manufacture, production, sales, and transportation process in the country of export or origin; (2) the applicant applying for the anti-dumping duty on the imported product shall state the facts supporting the dumping claim, as well as the selling price to this country, the comparable selling price in the ordinary course of trade in the country of export or origin, or the comparable export selling price to an appropriate third country provided that the price is representative, or the constructed price consisting of the cost of production in the country of origin plus a reasonable amount for administrative, sales and other relevant expenses, and for profits; (3) where the applicant asserts that there is a necessity for the provisional imposition of countervailing or anti-dumping duty, the applicant shall state the reasons thereof; and (4) the applicant who asserts the necessity for the imposition of a countervailing duty or anti-dumping duty on the imported product prior to the date of the provisional imposition of a countervailing duty or anti-dumping duty shall state the existence of situations as prescribed under Article 42. 4. Information about the injury to the domestic industry: (1) the production, volume and value of sales, profits, employment and utilization of production capacity, during the most recent three years, for the applicant and the industry which the applicant represents; (2) the total volume and value of the imports of the subject product during the most recent three years, the market share in the domestic market, the volume and value of the imports from the country of export, its impact on the prices of the domestic like product, the description of alleged injury in the domestic industry, and information on the causal link between the subsidized or dumped imports and alleged injury; (3) where an assertion of a material retardation of establishment of a domestic industry of the like product occurred, the applicant shall prove that the establishment of such an industry is imminent, and that the plan for the new industry has been substantially implemented; (4) where there is a good reason for not being able to submit the information of the most recent three years relating to the injury to the domestic industry, the applicant may nevertheless submit such information of the most recent period relating to the injury to the domestic industry.