Japanese Anti Dumping Legal System

The Japanese government's attitude towards domestic anti-dumping complaints is also cautious. Generally, it is resolved through consultation between foreign exporters and domestic producers, and is not inclined to take stringent anti-dumping measures.

Since the middle and late 80s, the Japanese economy has changed to the domestic demand oriented mode, which has gradually expanded the import of manufactured goods from other countries, resulting in increasing import pressure. At the same time, some countries also strongly urged Japan to further open its domestic market.

All this has prompted Japanese industries to turn to anti-dumping measures more and more frequently.

In November 1991, Japanese industries concerned filed anti-dumping complaints against silicon manganese alloy products imported from China, Norway and South Africa.

In 1993, the Japanese government finally decided to impose anti-dumping duties on the ferrosilicon alloy exported to Japan after that.

There are three main sources of domestic anti-dumping law in Japan: Customs and Customs Act, anti-dumping and countervailing orders, and instructions on anti-dumping and countervailing procedures.

The provisions on anti-dumping in the customs and Customs Act are mainly ninth articles.

The anti-dumping and countervailing orders were formulated by the Japanese cabinet in order to implement the ninth provisions of the customs and Customs Act.

The Japanese cabinet also adopted the "instructions on anti-dumping and countervailing procedures", and made specific provisions on how to implement the ninth customs and Customs Act and the anti-dumping and countervailing orders, in fact, it is the implementation details of the Japanese anti-dumping law.

In Japan, there are three administrative bodies dealing with anti-dumping cases, namely, the provinces of Tibet, the Ministry of industry and the Ministry of industry and commerce.

The three agencies are jointly responsible for anti-dumping investigations.

In practice, all the anti-dumping investigations are organized by the three agencies to form an investigation team. However, the final right of anti-dumping is exercised separately by the Tibet Autonomous Region.

The customs and Customs Act of Japan stipulates that any Japanese who has an interest in the Japanese industry can lodge a complaint and request the government to impose anti-dumping duties on certain imported products, but it should be put forward in the name of the Japanese industry as a whole.

Within two months after the appeal, the provinces and the Ministry of industry and Commerce of the Tibet Autonomous Region and the Ministry of industry should jointly discuss and decide whether to carry out anti-dumping investigations.

Japan does not have an independent administrative body such as the ITC. Anti-dumping investigations are usually carried out jointly by three provinces.

The statement on anti-dumping and countervailing procedures stipulates that one year after the end of the anti-dumping investigation, the parties concerned may provide evidence to the Japanese government for reexamination.

Japanese law does not stipulate the judicial review procedure for anti-dumping duties, and the administrative discretion of anti-dumping is relatively large.