6. Procedures for Due Process
   
   
   1. Notification of Initiation of Investigation
      
      
      WTO Standard: When the authorities are satisfied that there is sufficient evidence to justify the initiation of an anti-dumping or countervailing duty investigation [...], the Member or Members the products of which are subject to such investigation and other interested parties known to the investigating authorities to have an interest therein shall be notified and a public notice shall be given. (AD Agreement, Art. 12.1; SCM Agreement, Art. 22.1)

      A public notice of the initiation of an investigation shall contain, or otherwise make available through a separate report (footnote omitted), adequate information on the following:

      (i) the name of the exporting country or countries and the product involved;

      (ii) the date of initiation of the investigation;

      (iii) the basis on which dumping is alleged in the application or a description of the subsidy practice or practices to be investigated;

      (iv) a summary of the factors on which the allegation of injury is alleged;

      (v) the address to which representations by interested parties should be directed; and

      (vi) the time-limits allowed to interested parties for making their views known.

      (AD Agreement, Art. 12.1.1; SCM Agreement, Art. 22.1.1)

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

Argentina

   Argentina directly applies the standards of the WTO Agreements. The standards of the Decree 2121/94 should be interpreted using those provisions.

   Once it has been decided to initiate an investigation, the implementing authority has a period of 10 days to publish its decision to open the investigation in the Boletin Oficial (Official Gazette).

   This notice must state the date of opening, the practice which is the subject of the investigation, the product under investigation, the country of origin or export and any other information that the implementing authority considers appropriate. (Decree 2121/94, Art. 41).

Bolivia

   If, as a result of evaluating the complaint, there are found to be grounds for initiating an investigation, the MECE shall publish a Ministerial Decision to that effect in the Official Gazette and in a printed communication medium with national circulation.

   A copy of the Ministerial Decision shall be sent to the complainant, to the known exporters and importers of the product in question, and to the diplomatic or consular representatives of the countries of export or origin.

   If there are no grounds for initiating an investigation, a Ministerial Decision to that effect shall be published in the same form as a decision ordering the initiation of an investigation. Bi-ministerial Decision, Art. 10.

Brazil

   A notice of initiation shall be published in the Diário Oficial da União and shall contain detailed information on the conclusions reached on each point of fact and of law considered relevant. (Dec. 1602/95 - Art. 21.2 and Art. 61, Dec. 1751/95 - Art. 30.2 and 71).

Canada

   Where the Deputy Minister receives a written complaint respecting the dumping or subsidizing of goods, he shall, within twenty-one days after the receipt thereof, where the complaint is properly documented, cause the complainant and the government of the country of export to be informed in writing that the complaint was received and that it is properly documented. Art. 32 (1).

   Upon initiation of the investigation, the Deputy Minister shall cause notice of the investigation to be given to the exporter, the importer, the government of the country of export, the complainant, and such other persons as may be prescribed, and to be published in the Canada Gazette. SIMA, subsection 34(1).

Chile

   Once a decision to initiate is made, a notice is published in the Diario Oficial and the country whose products are to be investigated are notified by the Ministry of Foreign Affairs. (Decree 575, Title 2, Art. 12 and 13).

   The publication of the Notice to Initiate shall include: the date of the formal lodging of the complaint; the products covered by the complaint and its tariff classification; the identity of the complainant or complainants; the identity of the producers, exporters and importers of the goods; the country of origin of the corresponding product or products; a description of the practice or indication of the measure causing the alleged distortion of prices; a brief analysis of the factors allegedly causing the injury to the domestic industry; the decision of the Commission as to whether or not the complaint has given rise to an investigation; and the address of the Technical Secretariat with an indication that any interested party may raise matters in writing concerning the complaint or request a hearing before the Commission. (Decree 575, Title 2, Art. 12).

Colombia

   INCOMEX shall avoid all publicity on the submission of a petition for investigation until the decision has been made to initiate the investigation.

   Nevertheless, from the time the request is approved and before the initiation of the investigation, INCOMEX shall notify the government of the interested exporting country of the submission of said petition.

   If after evaluating the petition INCOMEX deems it justified to initiate an investigation, it shall so order, by reasoned order, which shall be published, the day after it is issued, in the Gaceta of the Ministry of Foreign Trade, INCOMEX Chapter.

   If it does not find such justification, it shall so order in a reasoned order in the same terms. Within the following seven (7) working days, counting from the day after the publication of the order to initiate the investigation, INCOMEX shall forward to the foreign producers, to exporters it is aware of, and to the authorities of the exporting country, the text of the petition submitted by the petitioners and it shall make it available to other interested parties who so request, bearing in mind the rule on preserving the confidentiality of the information.

   In cases in which the number of exporters in question is very high, the text of the petition shall be forwarded only to the authorities of the exporting country or to the appropriate trade association or union.

Costa Rica

   When the authorities are satisfied that there is sufficient evidence to justify the initiation of an anti-dumping investigation [...], the Member or Members the products of which are subject to such investigation and other interested parties known to the investigating authorities to have an interest therein shall be notified and a public notice shall be given.

   A public notice of the initiation of an investigation shall contain or otherwise make available through a separate report (the endnote is omitted) adequate information on the following:

         (i) the name of the exporting country or countries and the product involved;

         (ii) the date of initiation of the investigation;

         (iii) the basis on which dumping is alleged in the application;

         (iv) a summary of the factors on which the allegation of injury is based;

         (v) the address to which representations by interested parties should be directed;

         (vi) the time limits allowed to interested parties for making their views known.

   As for Costa Rican decrees on the subject, see the item on instituting the investigation.

   Concerning notifications at the government level, Decree 24868- MEIC stipulates that: The investigating authority shall notify the government of the country of origin or export of the product under investigation concerning the application for initiation of the investigation of unfair trade practices.

   This notification must be made before the investigation is initiated.

Dominican Republic

Ecuador

   Both for dumping and for subsidization, once the application has been accepted and it is appropriate to initiate an investigation, the investigating authority shall proceed to publish the resolution initiating the dumping or subsidization investigation in the Official Journal, expressly indicating the dates of initiation and completion of the investigation.

   The resolution shall be notified to the Committee on Anti-Dumping Practices and the Committee on Subsidies and Countervailing Measures of the World Trade Organization when the country concerned is a member of the Organization, to the Government of the exporting country and to the interested parties. The same procedure shall be followed when the investigating authority orders provisional and definitive measures to prevent and remedy the unfair trade practices. Furthermore, the resolutions shall be published in a newspaper with a large circulation in Ecuador, for the information of all those concerned.

   For publication, notification and communication purposes, the investigating authority shall have a period of ten (10) working days from the date of the resolution ordering the initiation of investigation and to the application of provisional or definitive measures. The authorities shall avoid, unless a decision has been made to initiate an investigation, any publicizing of the application for the initiation of an investigation. The WTO Committee on Anti-Dumping Practices and the Committee on Subsidies and Countervailing Measures, as appropriate, shall be notified before the measure is published.

   When an Ecuadorian producer or exporter is aware that an investigation of his products for dumping, subsidies or safeguards has been initiated abroad, he may call upon the investigating authority of the Ministry of Foreign Trade, Industrialization and Fisheries for technical and legal assistance in defending his interests. The technical and legal assistance shall include guidance and collaboration in obtaining information, advice on the completion of forms and questionnaires, assistance in the event of on-the-spot investigations by foreign authorities and, in general, any help which the Ministry of Foreign Trade, Industrialization and Fisheries, through its investigating authority, is able to provide.

El Salvador

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. Article 9 and 11 of the Central American Regulations on Unfair Trade Practices.

Guatemala

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. Article 11, CARUTP.

Honduras

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. Article 11, CARUTP.

Jamaica

   Where the Commission decides to proceed with an investigation in respect of the dumping or subsidizing of goods

         (a) the Commission shall give notice of that decision to

               (i) the Minister; and

               (ii) the exporter, the importer, the government of the country of export, the complainant (if any), and such other person as may be prescribed; and

         (b) a copy of the notice shall be published in the Gazette and in a daily newspaper circulating in Jamaica.

   A notice shall

         (a) specify the goods being investigated;

         (b) specify the country or countries in which the goods originated or from which they are exported;

         (c) give a summary of the information received;

         (d) invite representations regarding the investigation to be made to the Commission;

         (e) specify a period within which interested parties may present their views in writing to the Commission or make arrangements with the Commission to be heard, which period shall, in the case of an exporter of or the government or person giving a subsidy affecting the goods in question, be not less than thirty days from the commencement of the investigation.

Mexico

   In accordance with Article 52 of the Law, when the Mexican authority (the investigating authority) ascertains that there is sufficient evidence to justify opening an investigation against international unfair trade practices, it issues a decision for initiation, which is published in the Official Daily Gazette of the Federation.

   On the basis of Articles 53 of the Law and 142 of the Regulations, beginning the day after the day on which the decision for initiation of the investigation is published in the Official Daily Gazette of the Federation, the investigating authority must notify in writing the parties concerned known to it (petitioners, importers, producers, exporters and foreign governments) to appear so as to express whatever suits their right.

   Article 145 of the Law indicates that in cases in which the investigating authority does not know the domicile of the persons to be notified, whether they live in Mexico or abroad, notification shall be made through publication in the Official Daily Gazette of the Federation and, one single time, in one of the dailies with major circulation in Mexico.

   The latter publication shall contain a summary of the petition in question and of the proceedings instituted. With regard to individuals residing outside the country, the Secretariat shall send the notifications referred to in the preceding paragraph to the diplomatic representatives of the foreign governments, for the purpose of their providing the necessary means to distribute the content of the decisions.

Nicaragua

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. Article 11, CARUTP.

Panama

   Complaints filed with the Tribunal will be conveyed to the affected party or parties, who will have a period of 30 calendar days as from the 7th calendar day following the date of transmittal to the addressee.

   A copy of the complaint will also be given to the authorities of the exporting country by means of notification of the diplomatic or consular representative accredited in the country, or in accordance with international agreements to which Panama is a party.

   Once the complaint has been admitted and the investigation initiated, an extract from the complaint shall be published in a recognized nationally circulated journal. Article 152 &153.

Paraguay

   If the Ministry of Industry and Commerce accepts the application, this will be provided for by resolution setting forth the underlying reasons and ordering that the investigation be initiated.

   The resolution shall be published in the Official Gazette, within the next three working days.

   The initiation of the investigation will not be an obstacle for the customs office.

   In the public announcements initiating an investigation, the proper information on the following aspects will be included, or will be set forth otherwise through a separate report:

         (1) the name of the exporter country or countries and the product in question;

         (2) the date the investigation is initiated;

         (3) the basis of the dumping allegation made in the application;

         (4) a summary of the factors on which the allegation of injury is based;

         (5) the address to which representations made by the interested parties should be spent; and,

         (6) the time periods the interested parties are given to make their views known.

Peru

   Following publication of the decision to initiate an investigation in the Official Journal, El Peruano, the Secretariat shall notify the parties cited in the complaint so that within thirty (30) days from the date following the notification they may submit their answers in writing and reply to the corresponding questionnaires.

   The notification shall be accompanied by a copy of the application submitted and of the annexes containing non-confidential information or, where appropriate, the documents relevant to an ex officio investigation, together with the questionnaires concerning the investigation. The time-limits applicable to foreign producers or exporters shall be counted from the date of receipt of the questionnaire, which shall be deemed to have been received one week from the date on which it was sent to the respondent in the country of origin or export. The Commission may extend the period of thirty (30) days for parties cited in the complaint which request an extension in order to prepare their explanations.

   A request for extension shall be based on reasons or facts that justify its granting.

Santa Lucia

Trinidad and Tobago

   If the Authority decides to initiate an investigation, then a notice must be published in the Gazette. (Sec. 18(3) and Sec. 32(c)).

   A notice of the Authority's preliminary and final determinations must be given to the Government or Governments of the country or countries of the export of goods, the exporters and importers known by the Authority to have an interest in the subject goods, the complainant, and if necessary, the Government of the third country on behalf of whom the Minister is taking action. (Sec 32).

   If the Authority decides not to initiate an investigation, then a written notice of reasons for the decision must be sent to the complainant, and in the case of subsidized goods, to the Government of the country of export. (Sec. 18(4)).

United States

   1. Commerce

   Within 20 days of receipt of the petition, Commerce must publish in the Federal Register either a notice of "Dismissal of Antidumping/Countervailing Duty Petition" or a notice of "Initiation of Antidumping/ Countervailing Duty Investigation".

   The former notice means that Commerce found the petition lacking in information to support the initiation of an investigation.

   The latter notice signals the initiation of a formal investigation by the Commerce Department.

   Upon receipt of an antidumping or countervailing duty petition, Commerce notifies the government of any exporting country named in the petition by delivering a public version of the petition to an appropriate representative of such country.

   In the case of a countervailing duty investigation, Commerce also provides the government of any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations with respect to the petition.

   2. ITC

   Upon receipt of a petition, the ITC must publish a notice of "Institution and Scheduling of Preliminary Phase Investigation" in the Federal Register.

   The ITC is not required to publish this notice within any specified deadline; however, the notice usually appears within a week of the date the petition was filed.

Uruguay

   Interministerial resolutions ordering the initiation of an investigation shall be published in the Diario Oficial (Official Journal) and notified to the known interested parties; those not giving rise to the initiation of an investigation shall be notified only to the applicant. Other parties which consider themselves to have an interest shall have 20 days from the publication of the resolution ordering the initiation of an investigation to request recognition as such and show that they satisfy the conditions laid down in Article 37.

Venezuela

   The decision to initiate shall be notified to the applicant, and to the importers of the allegedly dumped or subsidized goods.

   In addition, an announcement containing an extract from the said decision shall be published in two newspapers with broad national circulation to be indicated by the Technical Secretariat for this purpose.

   The announcement shall state the time-limit for the presentation of arguments and evidence laid down in Article 45 [regarding pleadings and hearings]. (1992 Law, Art. 42).

   The Commission shall order the initiation through a decision which specifies the good, and the importer and exporters concerned, and the country of origin or of export.

   It shall also contain a summary of the data contained in the petition and shall state that any other information relevant to the investigation shall be communicated to the Technical Secretariat. (Id.).

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