The Regulations Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties Article 44

The imposition of any countervailing duty or anti-dumping duty shall be terminated on a date not later than five years from its imposition or from the date of the continued imposition under subparagraph 4, paragraph 3 of the preceding article, unless the competent authorities have initiated an investigation to determine whether or not to continue the imposition of countervailing or anti-dumping duty (hereinafter referred to as the sunset investigation), and determine that the expiry of the duty would be likely to lead to continuation or recurrence of subsidization or dumping and of injury.The duty shall remain in force pending a determination pursuant to the preceding paragraph.Prior to the time that the imposition of a countervailing duty or anti-dumping duty has exceeded four years and six months, the MOF shall make a public notice that the period of imposition is approaching five years. If the interested parties under subparagraph 3 of Article 10 consider that the continuous imposition is necessary, they shall make such an application for initiation of a sunset investigation within one month from the next day of the public notice thereof. The MOF shall submit the application to the Commission for decision as to whether to initiate the review.With respect to the case where the initiation of the sunset investigation has been decided under the preceding paragraph, the MOF shall, within six months from the date when the initiation of the review is publicized, complete the investigation into the subsidy and dumping under the provisions of paragraph 1 above and notify the MOEA. The MOEA shall conduct the investigation under paragraph 1 from the date when the initiation of the review is publicized, complete the investigation within two months from the date after its receipt of the MOF notice, and notify the MOF. The MOF shall, within ten days from the next day of receipt of the notice, submit the case to the Commission for decision. Where it is decided that the imposition shall continue, the MOF shall notify the known interested parties and make a public notice thereof.The period prescribed in the preceding paragraph may be extended, if necessary; however, the period of investigation by the MOF shall not exceed ten months, and that by the MOEA shall not exceed twelve months. The Regulations, except for Article 12 to Article 14 and Article 40 to Article 42, shall apply mutatis mutandis with respect to the procedures used thereof.Where the interested parties pursuant to paragraph 3 above do not provide substantiated evidence, or do not submit application within the prescribed period pursuant to paragraph 3, or the Commission decides not to initiate the sunset investigation, or not to continue the imposition, the MOF shall notify the known interested parties and make a public notice thereof.With respect to the case where application of undertakings have been approved pursuant to paragraph 1 of Article 24, the undertaking measures shall remain in effect before the determination of the sunset investigation, provisions of paragraph 1 and paragraphs 3, 4, 5 and 6 of this Article shall apply mutatis mutandis to the procedures used thereof.