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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Steps of the Investigation

    1. Maximum Duration of Antidumping and Countervailing Duty Orders


      WTO Standard: ... any anti-dumping or countervailing duty shall be terminated on a date not later than five years from its imposition (or from the date of the most recent review [...] if that review has covered both dumping or subsidization and injury [...] unless the authorities determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence of dumping or subsidization and injury. (footnote omitted) The duty may remain in force pending the outcome of such a review. (AD Agreement, Art. 11.3; SCM Agreement, Art. 21.3)

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 reference to the maximum duration of the imposition of anti-dumping and countervailing duties, Argentina directly applies the standards of the Agreement.

Bolivia

   The duration of countervailing or antidumping duties shall be two years, which may be extended if the cause which gave rise to the duty persist and provided that there is a prior request by the interested parties.

   In dealing with the request for extension, the MECE shall entrust the Technical Secretariat with the following examinations.

   First, after the first two years, there shall be a further examination of the margin of dumping or the amount of the subsidy.

   Depending on the findings of this new investigation, the amount of the antidumping or countervailing duty may be modified according to the provisions of these regulations.

   Such an evaluation shall be carried out again, upon request, after a further two years; second, after five years, there shall be a new evaluation of the injury or threat of injury and the margin of dumping or the amount of the subsidy, as well as of the causal relationship between them. If no request is made by the interested parties, the definitive duties shall lapse. Bi-ministerial Decision, Art. 43.

Brazil

   Dumping duties and price undertakings or countervailing duties and commitments shall remain in force only as long as necessary to neutralize the injurious dumping (subsidization). Art 56; Art. 66. Antidumping and countervailing duty orders will terminate after 5 years from the placing of the order or 5 years after the most recent review that found dumping and injury there from. Art. 57; Art. 66.

Canada

   The Special Import Measures Act (SIMA) Subsection 76(5) provides for the deemed rescission of orders/findings upon expiration of five years from the date of the original order/findings or the last review order continuing the order/finding, unless the Canadian International Trade Tribunal has initiated a review of the particular order/finding pursuant to Subsection 76(2) of the Act.

Chile

   Antidumping or countervailing duties may not be imposed longer than one year.

   Thus, the reference to reviews of measures after 5 years (i.e., sunset reviews) does not apply to Chile.

Colombia

   An antidumping duty shall remain in force for no more than five (5) years, unless the causes that gave rise to it persist. The Bureau of National Taxes and Customs (DIAN) shall apply the antidumping duties pursuant to the provisions of law and the order that imposes the duties, as well as the laws on collection, establishing security interests, procedures, and all other matters related to tariff charges. In no case shall be investigations undertaken hinder the introduction of merchandise into the national territory. No imported product may be the subject, simultaneously, of antidumping duties and countervailing duties both aimed at remedying the same situation stemming from dumping or from subsidies.

Costa Rica

   Any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition (or from the date of the most recent review [...] if that review has covered both dumping and injury or under this paragraph) unless the authorities determine, in a review initiated before that date on their own initiative or on a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and injury (endnote is omitted).

   The duty may remain in force pending the outcome of such a review.

   A decree adds the following to this provision: Any definitive anti-dumping or countervailing duty must be eliminated within five years of the date of imposition of the provisional measure and, absent that, the final resolution.

Dominican Republic

Ecuador

   An anti-dumping or countervailing duty shall be automatically eliminated five (5) years after its imposition, unless the reasons for imposing it still exist.

El Salvador

   All final antidumping or countervailing duties shall be eliminated no later than five years from the date on which the temporary measure has been imposed or, in its absence, five years from the final decision.

   The period may be extended as an exception when it is substantiated that the conditions causing the measure remain. After a measure has been adopted, it may be reviewed at any time during its implementation. Article 36 of the Central American Regulations on Unfair Trade Practices.

Guatemala

   All final antidumping or countervailing duties shall be eliminated no later than five years from the date on which the temporary measure has been imposed or, in its absence, five years from the final decision.

   The period may be extended as an exception when it is substantiated that the conditions causing the measure remain. After a measure has been adopted, it may be reviewed at any time during its implementation. Article 36, CARUTP.

Honduras

   All final antidumping or countervailing duties shall be eliminated no later than five years from the date on which the temporary measure has been imposed or, in its absence, five years from the final decision.

   The period may be extended as an exception when it is substantiated that the conditions causing the measure remain. After a measure has been adopted, it may be reviewed at any time during its implementation. Article 36, CARUTP.

Jamaica

   An AD/CVD order may not exceed 12 months. (Sec. 4(3A)).

Mexico

   As provided by Article 67 of the Law, countervailing duties shall be in effect during the time and to the extent necessary to counteract the unfair practice that is causing damage or a threat of damage to national production.

   Moreover, the countervailing duties must be reviewed annually at the petition of a concerned party or officially by the Secretariat, as indicated in Article 68 of that same Law.

   Nevertheless, if the parties concerned have not so petitioned and if the Secretariat has not made an official review thereof, the final countervailing duties must be lifted in a period of five years from their entry into effect, as indicated by Article 70.

   If upon conducting the review of the final countervailing duty the Secretariat finds that such duty is no longer justified or that the price discrimination margin no longer exists, the duty must be lifted at once.

   Under the latter assumption the Secretariat must conduct an official review for three consecutive years during the anniversary month, in accordance with the provisions of Article 105 of the Regulations.

Nicaragua

   All final antidumping or countervailing duties shall be eliminated no later than five years from the date on which the temporary measure has been imposed or, in its absence, five years from the final decision.

   The period may be extended as an exception when it is substantiated that the conditions causing the measure remain. After a measure has been adopted, it may be reviewed at any time during its implementation. Article 36, CARUTP.

Panama

Paraguay

   Anti-dumping and countervailing duties will be enforced for the time and to the extent needed to counter the effect of the dumping or subsidies causing injury.

   Nonetheless, all duties shall be suppressed within a period not to exceed five years, unless it is determined, by the examination referred to in Article 23 of this Decree, that suppression of the duty would lead to continuation or repetition of the injury and of the dumping or subsidy.

Peru

   The anti-dumping or countervailing duty shall remain in force as long as the causes of injury or threat of injury which led to their imposition persist, but pursuant to Article 11.3 of the Anti-Dumping Agreement and Article 21.3 of the Subsidies Agreement, this period shall not exceed five years.

Santa Lucia

Trinidad and Tobago

   The maximum duration of Anti-dumping and Countervailing duty orders is five years.

United States

   After five years, AD and CVD orders will be revoked unless Commerce and the ITC determine that revocation would be likely to lead to the continuation or recurrence of dumping or subsidization, and injury.

Uruguay

   Anti-dumping duties and price undertakings shall remain in force only as long as and to the extent necessary to counteract dumping which is causing injury.

Venezuela

   Duties "shall remain in force only as long as necessary to counteract the injury caused by dumping or subsidies, unless the Commission, on grounds of injury to national production, decides to eliminate them, by means of a reasoned decision.

   Anti-dumping or countervailing duties and undertakings shall expire five (5) years after the date on which they entered into force or were last modified.

   Nevertheless, if any interested party considers that the expiry of the anti-dumping or countervailing duties or undertakings would result in renewed injury or threat of injury, it may submit its arguments to this effect to the Commission in writing within thirty (3) working days immediately prior to the period of thirty (3) working days before the expiry of the measures.

   The Commission may extend anti-dumping or countervailing duties or undertakings before their expiry for a single period not exceeding five (5) years from the date on which they should originally have expired." (1992 Law, Art. 57).

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