Regulation on Handling Import Relief Cases Article 18

If TITA, during its preliminary investigation of a case, finds clear evidence indicating that increased imports have caused or are threatening to cause serious injury to the domestic industry producing like products or directly competitive products, and there are critical circumstances where delay would cause damage that would be difficult to repair, the Commission may propose a provisional increase of tariffs on the products concerned before making a final determination on the existence of the injury. This proposal shall be made within 70 days from the day following the notification by the MOEA to the petitioner regarding the initiation of the investigation.The proposal for the provisional increase of tariffs as referred to in the preceding paragraph shall be submitted to the MOEA within ten days after it is made by the Commission. If the MOEA agrees to adopt the proposal, it shall, after consulting with the relevant competent authorities, submit the proposal to the Executive Yuan for approval within ten days of the MOEA's agreement. The implementation period shall not exceed 200 days and shall be included in the implementation period as prescribed in Article 25.The provisional measures referred to in the preceding paragraph shall cease upon the issuance of a public notice by the MOEA, indicating either the formal application of import relief measures or the determination that there is no injury to the domestic industry.The tariffs imposed as provisional measures may be guaranteed by government bonds or other securities approved by the Ministry of Finance in an equivalent amount. Upon issuance of a public notice by the MOEA stating that no injury exists to the domestic industry, the tariffs imposed as provisional measures shall be refunded, and/or the guarantees waived. Upon issuance of a public notice by the MOEA regarding the application of import relief measures, the guarantees shall be released after the provisional tariffs have been fully paid.