4. Steps of the Investigation
   
   
   14. Consumers as Interested Parties
       
       
       a. Antidumping

       WTO Standard: For purposes of this Agreement, "interested parties" shall include:

       (i) an exporter or foreign producer of a product subject to investigation, or a trade or business association a majority of the members of which are producers, exporters or importers of such product;

       (ii) the government of the exporting Member; and

       (iii) a producer of the like product in the importing Member or a trade and business association a majority of the members of which produce the like product in the territory of the importing Member.

       This list shall not preclude Members from allowing domestic or foreign parties other than those mentioned above to be included as interested parties. (AD Agreement, Art. 6.11)

       The authorities shall provide opportunities for industrial users of the product under investigation, and for representative consumer organizations in cases where the product is commonly sold at the retail level, to provide information which is relevant to the investigation regarding dumping, injury and causality. (AD Agreement, Art. 6.12)

       b. Countervail

       WTO Standard: For purposes of this Agreement, "interested parties" shall include:

       (i) an exporter or foreign producer of a product subject to investigation, or a trade or business association a majority of the members of which are producers, exporters or importers of such product; and

       (ii) a producer of the like product in the importing Member or a trade and business association a majority of the members of which produce the like product in the territory of the importing Member.

       This list shall not preclude Members from allowing domestic or foreign parties other than those mentioned above to be included as interested parties. (SCM Agreement, Art. 12.9)

       The authorities shall provide opportunities for industrial users of the product under investigation, and for representative consumer organizations in cases where the product is commonly sold at the retail level, to provide information which is relevant to the investigation regarding subsidization, injury and causality. (SCM Agreement, Art. 12.10)

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

   a. Antidumping

   Argentina directly applies the standards of the WTO Agreements. The standards corresponding to Decree 2121/94 are cited, and to the degree that they do not contradict the provisions of the Agreement, they will be applied.

   Administrative proceedings may be initiated ex officio or at the request of any natural or legal person, whether public or private, who invokes a civil right or a legitimate interest.

   Such persons are considered interested parties in the administrative proceedings.

   Other interested parties are whose civil rights or legitimate interests may be affected by the act to be issued and who have participated in the proceedings at the request of the original interested party, whether spontaneously or having been summoned by the body concerned when it becomes aware of their existence during the course of those proceedings. (Decree 1759, Title I, Para. 3).

   All administrative actions are instigated ex officio by the competent body, which cannot prevent the interested party from also instituting proceedings.

   Excepted from this principle are proceedings concerning only the private interest of the parties subject to the measure unless, the resolution to be issued could in any way affect the general interest. (Decree 1759, Title I, Para. 4).

   In making a preliminary or final determination, the Minister for the Economy and Public Works and Services shall take into account the interests of the public at large, including consumers, users and purchasers of imported inputs, and users and purchasers of inputs produced locally whose prices may rise as result of the imposition of antidumping or countervailing duties. (Decree No. 2121/94, Art. 50).

   In making a determination, the Minister for the Economy and Public Works and Services must take into account the interested of the public at large, including consumers. (Decree No. 2121/94, Art. 51)

   b. Countervail

   Administrative proceedings may be initiated ex officio or at the request of any natural or legal person, whether public or private, who invokes a civil right or a legitimate interest.

   Such person are considered interested parties in the administrative proceedings.

   Other interested parties are whose civil rights or legitimate interests may be affected by the act to be issued and who have participated in the proceedings at the request of the original interested party, whether spontaneously or having been summoned by the body concerned when it becomes aware of their existence during the course of those proceedings. (Decree 1759, Title I, Para. 3).

   All administrative actions are instigated ex officio by the competent body, which cannot prevent the interested party also instituting proceedings.

   Excepted from this principle are proceedings concerning only the private interest of the parties subject to the measure unless, the resolution to be issued could in any way affect the general interest. (Decree 1759, Title I, Para. 4).

   In making a preliminary or final determination, the Minister for the Economy and Public Works and Services shall take into account the interests of the public at large, including consumers, users and purchasers of imported inputs, and users and purchasers of inputs produced locally whose prices may rise as result of the imposition of antidumping or countervailing duties. (Decree No. 2121/94, Art. 51).

Bolivia

   In addition to the complainant, for the purposes of the investigation referred to in these regulations, the following shall be deemed to be interested parties:

         (a) exporters, foreign producers or importers of a product subject to investigation;

         (b) the government of the exporting country; producers of the like product who are not party to the complaint, as well as domestic producers of products for which the product under investigation is an input. Bi-ministerial Decision, Art. 2.

Brazil

   a. Antidumping

   Though they are not deemed to be "interested parties", productive sectors using the product under investigation and representatives of consumer organizations if the product is usually marketed retail, shall be given the opportunity to provide information for the investigation. (Dec. 1602/95 - Art. 29). In cases where these users or consumers are also importers, they shall be deemed to be interested parties. (Dec. 1602/95 - Art. 21.3,).

   b. Countervail

   Though they are not deemed to be "interested parties", the productive sectors using the product under investigation and representatives of consumer organizations if the product is usually marketed retail shall be given the opportunity to provide information for the investigation. (Dec. 1751/95 - Art. 39). In the event that these users or consumers are also importers, they shall be deemed to be interested parties. (Dec. 1751/95 - Art. 30.3).

Canada

   There is a comprehensive definition of "interested party" in section 2 of the Canadian International Trade Tribunal Rules, which includes complainants, domestic producers, foreign exporters, domestic importers, associations (of domestic producers, foreign exporters, domestic importers), foreign governments mentioned in a preliminary determination and any other person who, because that person's rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal before it disposes of an injury inquiry or review of an existing order.

Chile

   This term is given a broad and unrestricted interpretation, which allows full participation by any persons who may feel themselves affected during the course of the investigation. (Finance Decree No. 575 and Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   The following are considered "interested parties": The petitioner; The exporters, foreign producers, or importers or a product under investigation, or the commercial, trade, or business associations in which the majority of the members are producers, exporters, or importers of said product; The government of the exporting member country; and The domestic producers of products like the product under investigation, or the commercial, trade, or business associations in which the majority of the members are producers of that product in the national territory.

   The foregoing list is not limiting, and shall not impede the competent authority from allowing for the inclusion, as interested parties, of national or foreign persons other than those indicated above. The Trade Practices Committee shall hear the opinion of the Superintendent of Industry and Trade, or his delegate, before making the recommendation to the Ministry of Foreign Trade referred to in articles 31, 54 and 76 of this Decree.

Costa Rica

   a. Anti-dumping For purposes of this Agreement, "interested parties" shall include:

         (i) an exporter or foreign producer or the importer of a product subject to investigation, or a trade or business association a majority of the members of which are producers, exporters or importers of such product;

         (ii) the government of the exporting country, and

         (iii) a producer of the like product in the importing country or a trade and business association a majority of which produce the like product in the importing country.

   This list shall not preclude Members from allowing domestic or foreign parties other than those mentioned above to be included as interested parties.

   The authorities shall provide opportunities for industrial users of the product under investigation, and for representative consumer organizations in cases where the product is commonly sold at the retail level, to provide information which is relevant to the investigation regarding dumping, injury and causality.

   b. Countervailing duties For the purposes of this Agreement, "interested parties" shall include:

         (i) an exporter or foreign producer or the importer of a product subject to investigation, or a trade or business association a majority of the members of which are producers, exporters or importers of such product, and

         (ii) a producer of the like product in the importing country or a trade and business association a majority of which produce the like product in the importing country.

   This list shall not preclude Members from allowing domestic or foreign parties other than those mentioned above to be included as interested parties.

   The authorities shall provide opportunities for industrial users of the product under investigation, and for representative consumer organizations in cases where the product is commonly sold at the retail level, to provide information which is relevant to the investigation regarding subsidization, injury and causality.

Dominican Republic

Ecuador

   Interested parties shall be understood to mean the applicant, a producer of the like product in Ecuador, a trade or business association the majority of the members of which are producers of the like product in Ecuador, an importer, industrial user and consumer of the product under investigation, a foreign exporter or producer, the government of the exporting country, a trade or business association the members of which are exporters or importers of the product.

El Salvador

   a. Antidumping

   Notification was given that the provisions of the WTO Antidumping Agreement apply.

   b. Countervailing Duties

   Notification was given that the provisions of the WTO Agreements on Subsidies and Countervailing Measures apply.

Guatemala

Honduras

Jamaica

   "Interested party" means a person

         (a) engaged in the production, purchase, sale, export or import of any goods that are the subject of an investigation;

         (b) engaged in the production, purchase or sale of any goods produced in Jamaica that are like goods in relation to goods that are the subject of an investigation;

         (c) acting on behalf of any person referred to in paragraph (a) or (b);

         (d) who is a user of any goods that are like goods in relation to any goods that are the subject of an investigation.

Mexico

   The term "interested party" means the producers who have submitted request, importers and exporters of the product under investigation, as well as any foreign legal persons having a direct interest in the investigation in question and those who are so defined in international trade agreements and treaties". (I/51).

   Mexican legislation currently does not consider consumers as concerned parties in the investigation.

   However, with regard to this matter, Mexico will follow the guidelines provided in Articles 6.12 of the Antidumping Code and 12.10 of the Code on Subsidies.

Nicaragua

Panama

Paraguay

Peru

Santa Lucia

Trinidad and Tobago

   An "interested person" is any person

         (1) engaged in the production, export or import of any goods that are the subject of an investigation;

         (2) engaged in the production, of any goods produced in Trinidad & Tobago that are like goods to the subject merchandise;

         (3) using any subject goods; and

         (4) acting on behalf of persons referred to in (1) or (2). (Sec 3(1)).

United States

   Consumers, including industrial users, of merchandise subject to an investigation are allowed an opportunity to provide information or comments relevant to a particular determination of dumping, countervailable subsidies, or injury.

   However, consumers do not have full interested party status unless they also import subject merchandise.

Uruguay

   For the purposes of this Decree, "interested parties" shall include:

         (a) domestic producers of the like product and the trade associations which represent them;

         (b) importers of a product subject to investigation and the trade associations which represent them;

         (c) exporters or foreign producers of the product in question and the trade associations which represent them;

         (d) the governments of the countries exporting the product in question; and

         (e) the parties, domestic or foreign, deemed by the implementing authority to have an interest in the investigation. During the course of an investigation, industrial users of the product under investigation, and representative consumer organizations where the product is commonly sold at the retail level, may provide information which is relevant to the investigation regarding dumping, injury and causality. During the course of an investigation, efforts shall be made to verify the accuracy of the information supplied by interested parties.

Venezuela

   "Other interested parties" include industrial users of the good investigated, consumer organizations in cases where the good is usually sold at the retail level, and other natural or legal persons whose direct personal and individual rights or legitimate interests might be affected by the procedure for determining dumping or subsidies or by its outcome, in the opinion of the Commission. (1992 Law, Art. 2,6(f), (g), and (h)).

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