4. Steps of the Investigation
   
   
   10. Maximum Length of Investigation
       
       
       WTO Standard: Investigations shall, except in special circumstances, be concluded within one year, and no case more than 18 months, after their initiation. (AD Agreement, Art. 5.10; SCM Agreement, 11.11).

       Reviews shall be carried out expeditiously and shall normally be concluded within 12 months of the date of initiation of the review. (AD Agreement, Art. 11.4; SCM Agreement, Art. 21.4)

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

Argentina

   With regards to the length of the investigation, Argentina directly applies the standards of the WTO.

   Without prejudice, Decree 2121/92 is of supplementary application.

   The investigation will be completed and the Under Secretariat of Foreign Trade will transmit the findings to the Minister for Economy and Public Works and Services within a year of the date of initiation.

   If for exceptional reasons this time frame must be extended, the Subsecretariat for Foreign Trade will inform the concerned parties and the Minister for Economy and Public Works and Services of the reasons for this extension.

Bolivia

   The Technical Secretariat shall have a maximum period of seven (7) months from the date of publication of the Ministerial Decision ordering the initiation of the investigation in which to conduct and complete the investigation.

   In exceptional cases, the Minister for Exports and Economic Competition shall authorize the extension of the period for the investigation. Bi-ministerial Decision, Art. 15.

Brazil

   An investigation shall be concluded within a period of one year from initiation except in exceptional circumstances when it will be concluded within 18 months. Art. 39; Art. 49.

Canada

   Under normal circumstances, the investigation process (i.e., initiation to final order) will be completed within 210 days and, in exceptional cases, within 255 days.

Chile

   The rules pertaining to the maximum length of an investigation will be included in the Chilean law which is currently being considered.

   At this time, however, there is no standard provided for in Chilean law or regulations.

Colombia

   The authorities shall have a maximum period of eight months, counted from the day following the date of publication of the decree ordering the investigation initiated to carry it out and consider it concluded.

Costa Rica

   Investigations shall, except in special circumstances, be concluded within one year after their initiation, an in no case more than 18 months.

   [...] Any such review shall be carried out expeditiously and shall normally be concluded within twelve months of the date of initiation of the review.

   A decree elaborates upon this provision as follows: The investigation must be concluded within twelve months from the time of its initiation, but under exceptional circumstances may be extended for another six months, either at the initiative of the investigating authority or at the request of the interested party.

Dominican Republic

Ecuador

   The investigating authority shall have a maximum of twelve (12) months from the submission of the application to carry out a dumping or subsidies investigation and to submit a report, containing its conclusions and recommendations, to COMEXI. Exceptionally, by decision of the investigating authority, this period may be extended by six (6) months.

El Salvador

   The investigation shall end in a period of twelve months from its initiation, but this may be extended for an additional period of up to six months under exceptional circumstances at the initiative of the Investigating Authority or at the request of a concerned party. Article 12 of the Central American Regulations on Unfair Trade Practices.

Guatemala

   The investigation shall end in a period of twelve months from its initiation, but this may be extended for an additional period of up to six months under exceptional circumstances at the initiative of the Investigating Authority or at the request of a concerned party. Article 12, CARUTP.

Honduras

   The investigation shall end in a period of twelve months from its initiation, but this may be extended for an additional period of up to six months under exceptional circumstances at the initiative of the Investigating Authority or at the request of a concerned party. Article 12, CARUTP.

Jamaica

   All complaints referred to the Board must normally be concluded within 6 months of the initiation of the investigation. (Sec. 23).

Mexico

   The law includes provisions which specify that initiation is to be a maximum of 70 days from the date the petition is submitted (with the normal initiation period being only 30 days), and the final determination shall be issued within 260 days of initiation. (I/52 and I/59). The same schedule applies to both investigations and reviews.

Nicaragua

   The investigation shall end in a period of twelve months from its initiation, but this may be extended for an additional period of up to six months under exceptional circumstances at the initiative of the Investigating Authority or at the request of a concerned party. Article 12, CARUTP.

Panama

Paraguay

   The investigations referred to in this Decree shall be concluded in a period not to exceed 12 months counted from the date of the resolution ordering the investigation.

   In exceptional cases, when there is evidence that so justifies, said period may be extended to 18 months.

   An investigation may be considered concluded at any time, among other reasons, when the margin of dumping or the amount of the subsidy is de minimis, or when the volume of imports is insignificant as provided for in Articles 4.10, 5.4, and 6.3 of this Decree.

Peru

   The authorities shall have nine (9) months to conclude their investigation.

   This period shall be calculated from the date of publication of the Commission's decision to initiate an investigation in El Peruano. Provided that in the opinion of the Commission there are grounds for doing to, the period may be extended for one further period of three months.

Santa Lucia

Trinidad and Tobago

   The Authorities must make a final determination; in a period of not longer than eighteen months after initiating an investigation. Sec. 25(3).

United States

   Antidumping Duty Investigations - 407 days

   Countervailing Duty Investigations - 427 days

   Antidumping & Countervailing Duty Administrative Reviews - 545 days.

Uruguay

   The inquiry stage of the investigation shall be completed at least 120 days before the expiration of the maximum time-limits specified in Article 77. Investigations shall, except in special circumstances, be concluded within one year, and in no case more than 18 months, from the date of the initiating resolution. The applicant may, at any time, request the implementing authority to close the investigation. The implementing authority shall give its opinion on the request to close the investigation, referring the proceedings immediately to the Advisory Committee established under Article 3.

Venezuela

   The conclusion of an investigation "must take place within one (1) year from the date of its initiation". (1992 Law, Art. 51). [see section V.B. above regarding timing for initiation].

   Within 30 working days of the date of conclusion of the investigation, the Commission shall adopt a decision either to terminate the investigation without the imposition of duties, or to impose definitive duties (in which case the type and amount of duties shall be established). (1992 Law, Art. 52).

Continue to Maximum Duration of Antidumping and Countervailing Duty Orders