This circular provides detailed regulations regarding

i) interested parties to a trade investigation,

ii) on the provision and collation of relevant information and confidentiality of information,

iii) on managing the import of goods subject to a trade investigation, and

(iv) on cases of exemption from the application of trade remedies.

Article 5 states that after the MOIT has issued a decision to conduct an investigation or review a trade remedy case, organisations and individuals may register their right to participate in the investigation as ‘interested parties’.

Article 7 provides detail regarding the types of information to be made public during an investigation, including:

i) data provided by parties during registration

ii) written responses by interested parties to questionnaires during investigation

iii) other data provided by interested parties

iv) consultation minutes

v) notices regarding the investigation, preliminary conclusions, final conclusions

vi) data on investigated items, and

vii) other information.

Article 8 sets out the procedure for a request for confidentiality.

Article 9 sets out the scope and duration of exemption from application of trade remedies.

Article 10 through 13 specify entities that may apply for exemption, exemption criteria, application to file, and notification of receipt of an exemption file.

Criteria include:

(a) the trade name, physical characteristics and chemical properties of the goods requested for exemption which distinguishes them from goods subject to the trade remedies;

(b) technical norms of the goods requested for exemption;

(c) quality of the goods requested for exemption;

(d) use purpose of the goods requested for exemption;

(e) capacity to produce similar goods or directly competitive goods by a domestic production industry from the goods requested for exemption;

(f) ability to replace similar goods or directly competitive goods produced domestically with the goods requested for exemption;

(g) other criteria as decided by the Minister.

Article 14 specifies the contents of a decision granting exemption from application of trade remedies, being the name of the exempt entity, a description of the import goods which are exempt, the volume and quantity of the import goods which are exempt, and the duration of the exemption and conditions.

Article 15 states that where goods are exempt, refunds of duty paid will be provided accordingly.

Article 20 states in what circumstances an exemption decision can be revoked, including:

(a) where the import goods are used for the wrong purpose;

(b) fraud or forged material in the request for exemption;

(c) failure to comply with the provisions, conditions and obligations set out in the exemption decision;

(d) the exemption conditions no longer exist or apply.