|Free Trade Area of the Americas - FTAA||
Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere
WTO Standard: Exporters or foreign producers, and in countervail proceedings, the foreign governments receiving questionnaires shall be given at least 30 days to reply. Due consideration should be given to any request for an extension of the 30-day period and, upon cause shown, such an extension should be granted whenever practicable. (AD Agreement, Art. 6.1.1; SCM Agreement, Art. 12.1.1)
Argentina | Bolivia | Brazil | Canada | Chile | Colombia | Costa Rica | Dominican Republic | Ecuador | El Salvador | Guatemala | Honduras | Jamaica | Mexico | Nicaragua | Panama | Paraguay | Peru | Saint Lucia | Trinidad & Tobago | United States | Uruguay | Venezuela
The cited standards of the WTO are applied. Article 42 of Decree 2121/94 which is cited below, is of supplementary application on this subject, to the degree that it does not contradict with the Agreement's provisions. The recipients of such questionnaires must reply, giving all the required information, within the time limit fixed by the implementing authority in each investigation.
The time-limit for completing questionnaires must not be less than 30 days from the date of their receipt by the interested parties.
Requests for extensions are granted whenever possible. (Decree No. 2121/94, Art 42).
The communications accompanying the questionnaires shall indicate the time-limit within which the parties must return the questionnaires duly completed.
This shall not exceed twenty (20) working days from the date of dispatch of the communication. Bi-ministerial Decision, Art. 11.
See response under section C. Issuance of Questionnaire
In its Statement of Administrative Practices, Revenue Canada requires that exporters and foreign governments respond to requests for information within 30 days.
The 30 days are to be counted from the receipt of the request for information which is deemed to be 7 days after it is sent.
Revenue Canada specifies the date by which submissions by other interested parties must be made in its preliminary determination.
Foreign exporters and producers and, in the case of subsidies, foreign governments to whom antidumping investigation questionnaires are sent shall be given a period of at least 30 days to respond. Any request for extension of this 30-day period must be given due consideration, and such extension must be granted whenever justified and feasible. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).
Interested parties should return the forms, duly completed, accompanied by the supporting documents and evidence as well as a list of the evidence they intend to use in the investigation, within the following 40 calendar days, counted from the date on which they are sent out.
This period may be extended by reasoned order for up to 10 more calendar days if a duly justified request is submitted by the interested parties. The responses sent by the foreign producers or exporters shall be submitted in Spanish, or accompanied by an official translation.
The same requirement shall apply for the documents intended to show what each interested party has argued in the investigation.
Exporters or foreign producers receiving questionnaires used in an anti-dumping investigation shall be given at least thirty days for reply (endnote is omitted).
Due consideration should be given to any request for an extension of the thirty day period and, upon cause shown, such an extension should be granted whenever practicable.
The forms, duly completed and with the relevant documents demonstrating that the information is suitable, shall be transmitted to the investigating authority within thirty (30) days from the date of issue. The period for returning the forms may, at the request of the interested party, be extended by the investigating authority for thirty (30) days, provided there is good reason.
There is no specific provision but El Salvador applies the rules in accordance with the WTO Antidumping and Countervailing Duty Agreements.
The CARUTP applies the WTO standard.
The CARUTP applies the WTO standard.
Once the parties have received the official form for investigation, they are given 30 working days to answer it, heedful of the provisions of Article 53 of the Law.
In this regard, it is useful to emphasize that, even the footnote on page 15 of the Antidumping Law indicates that the periods for the exporters shall begin from the date of receipt of the questionnaires; and for this purpose they shall be assumed to have been received one week after being sent.
The period provided for by the Law, as has been indicated, refers to working days, in accordance with the provisions of its Article 30, while the periods in the Agreements refer to calendar days.
Thus, despite the apparent contradiction between the two sequences, the periods provided for by the Law are actually longer than those of the Agreements, and therefore there is no inconsistency.
The CARUTP applies the WTO standard.
If no response is received within the period of time indicated, the investigation will be resumed ex-oficio. Article 153.
In the notice referred to in this Article the parties will be given a term of 40 calendar days counted from the date of receipt of the notice and the questionnaire, to answer the questionnaire and the forms and to submit their proof and evidence, under reserve that if it is not done in the time period granted, the Ministry of Industry and Commerce may make a decision based on the best available information.
In special circumstances, if there is a duly justified application from the interested persons and when in the view of the Ministry of Industry and Commerce there are sufficient reasons that so justify, the 40-day period may be extended for up to an additional 15 calendar days.
The Authority shall allow thirty days or such longer period as it thinks fit in which to provide the information requested.
During the investigation phase of an AD or CVD proceeding, Commerce generally grants 30 calendar days to respond to the questionnaire.
If requested, a one-to-two week extension to complete the questionnaire may be granted, provided the exporter provides an explanation of the need for such an extension.
After reviewing the initial questionnaire responses, Commerce typically issues at least one supplemental questionnaire to respondents, which usually must be answered within two weeks.
For cost of production ("COP") questionnaires issued after the initial questionnaire, Commerce may allow less than 30 days to respond.
Deadlines for issuing questionnaires and receiving responses are set by the Commission in each investigation.
In the preliminary investigation, recipients usually have two weeks to respond to a questionnaire from the ITC.
In the final investigation, this deadline is usually extended to one month.
The known interested parties receiving questionnaires shall have 40 days to reply, reckoned from the date of receipt of the questionnaire. This period may be extended for a maximum of 30 days, upon cause shown. In the course of the investigation, the implementing authority may request additional information.
For these purposes it shall allow a period in accordance with the nature of the information requested which may be extended, upon cause shown. The implementing authority shall make its determination with respect to the application of anti-dumping duties within 30 days of the completion of the inquiry stage of the investigation and immediately refer the proceedings to the Advisory Committee established under Article 3. The Advisory Committee shall have 30 days to give an opinion concerning the application of anti-dumping duties.
The Technical Secretariat shall send questionnaires and forms to the interested parties, who shall furnish the information requested within the time-limit laid down in the aforesaid documents.
Failure to meet this obligation shall give rise to the [use of best information available]. (1993 Regulations, Art. 70).
Continue to Preliminary Determination
|countries||sitemap||a-z list||governmental contact points|