The Regulations Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties Article 43

Following the public notice of the imposition of a countervailing duty or anti-dumping duty, the MOF shall submit the case for a review as to whether to conduct an interim investigation on the lapse or change of the findings, ex officio, or provided that one year has elapsed since the imposition of the duty, upon request by the applicant or any interested party which submits positive information substantiating the need for a review.With respect to such case where the interim investigation has been determined following examination and resolution by the Commission, the competent authorities shall, within nine months from the next day of the public notice of the investigation, make a determination. Such period may be extended; however, the investigation shall normally be concluded within twelve months of the date of initiation of the investigation, where necessary.With respect to the case described in the preceding paragraph, competent authorities shall do as follows respectively:1. where the case concerns whether the situations of subsidy or dumping have lapsed or changed, the MOF shall notify the interested parties and make a public notice thereof following the completion of the investigation and the submission to the Commission for determination as to whether to terminate or change the imposition thereof;2. where the case concerns whether the situations of injury to the domestic industry have lapsed or changed, the MOF shall immediately refer the case to the MOEA for the investigation and determination. At the time when the MOEA notifies the MOF of its results, the MOF shall notify the interested parties and make a public notice thereof following submission to the Commission for examination and resolution as to whether to terminate or change the imposition;3. where the case concerns whether the situations of subsidy or dumping, and injury to the domestic industry have lapsed or changed, the MOF shall, in addition to referring the part on injury to the domestic industry to the MOEA for investigation, complete the investigation as to whether the situations of subsidy or dumping have lapsed or changed, and submit the results of such investigation to the Commission for examination and resolution. With respect to the case determined by the Commission that the situations of subsidy or dumping have lapsed, the MOF shall notify the MOEA to terminate the investigation, and further notify the interested parties and make a public notice to terminate the imposition thereof;4. having completed the investigation as to whether the situations of injury to the domestic industry have lapsed or changed and made a determination pursuant to the preceding subparagraph, the MOEA shall notify the MOF of its result. The result, together with the results of the investigation as to whether the situations of subsidy or dumping have lapsed or changed, shall be submitted by the MOF to the Commission for examination and resolution as to whether to terminate or change the imposition of duty. The MOF shall notify the interested parties and make a public notice thereof.With respect to the investigation, examination and resolution pursuant to the preceding paragraph, the competent authorities shall examine whether the continued imposition of the duty is necessary to offset subsidy or dumping, for the case which concerns whether the situations of subsidy or dumping have lapsed or changed, and whether the injury would be likely to continue or recur if the duty were removed or varied, for the case which concerns whether the situation of injury to the domestic industry has lapsed or changed. The Regulations, with the exception of Article 12 to Article 14 and Article 40 to Article 42, shall apply mutatis mutandis to the procedures of the investigation, examination and resolution pursuant to the preceding paragraph.With respect to undertakings accepted under paragraph 1 of Article 24, the preceding paragraphs shall apply mutatis mutandis to the procedures concerning the investigation and determination as to whether the situation of the undertakings has lapsed or varied.