The Regulations Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties Article 8

With respect to an application for imposition of a countervailing duty or anti-dumping duty, the MOF shall consult with the relevant agencies to submit a proposal as to whether to refer the matter of the initiation of an investigation to the Tariff Commission (hereinafter referred to as the Commission) for decision; provided, that the application shall be rejected for any of the following reasons:1. the identity of the applicant does not meet the conditions prescribed under Article 6;2. the contents of the application do not meet the requirements prescribed under the preceding Article, and the subsequent supplement and correction is not made within the prescribed time limit so required by the authority;3. the application is obviously not within the scope of the imposition of a countervailing duty or anti-dumping duty.With the exception of application rejected pursuant to the preceding reasons, the MOF shall, within 30 days from the next day of receipt of the application, submit the proposal to the Commission for decision. However, where the applicant has been notified to provide supplement and correction of its application within a specified period of time, the 30 days limit is to be counted from the next day of receipt of the completed version of the application.For the case in which the Commission decides to initiate an investigation of countervailing duty, the MOF shall, prior to the making of public notice of initiation of investigation, officially notify the government of the country of export or origin, or its official representative for consultation with the aim of clarifying the situation and arriving at a mutually agreed solution. Moreover, during the period of the investigation, the MOF shall provide opportunities for further consultations.For the case in which the Commission decides to initiate an investigation of anti-dumping, the MOF shall, prior to the public notice of initiation of investigation, officially notify the government of the country of export, or its official representative.The consultation pursuant to paragraph 3 above shall have no effect on the progress of the investigation and determination.