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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Procedures for Due Process

    1. Publication of Antidumping and Countervailing Duty Determinations


      WTO Standard: Public notice shall be given of any preliminary or final determination, whether affirmative or negative, of any decision to accept an undertaking [...], of the termination of such undertaking, and of the termination of a definitive anti-dumping or countervailing duty. 

      Each such notice shall set forth, or otherwise make available through a separate report, in sufficient detail the findings and conclusions reached on all issues of fact and law considered material by the investigating authorities. All such notices and reports shall be forwarded to the Member or Members the products of which are subject to such determination or undertaking and to other interested parties known to have an interest therein. (AD Agreement, Art. 12.2; SCM Agreement, Art. 22.3)

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

   The standards of the WTO Agreements are directly applied. The provisions of Decree 2121/94 are supplementarily applied. The Ministry of the Economy and Public Works and Services publishes in the Official Gazette all preliminary and final determinations under which anti-dumping and countervailing duties are imposed and decisions to suspend, refuse, revoke or terminate investigations. (Decree No. 2121/94, Art. 61).

   Published notices indicate the goods, the level of duties where appropriate, the country of origin or export and any other information at the discretion of the competent authority. (Id.).

Bolivia

   The Minister for Exports and Economic Competition shall be responsible for issuing ministerial decisions on whether or not to initiate the investigation requested, evaluating the grounds for imposing provisional duties if necessary, and disclosing the statements of intent submitted by the interested party, as well as for decisions reflecting the action taken by the authorities thereon.

   CONEPLAN shall be responsible for issuing decisions on the termination of investigations and any imposition of definitive duties.

   All the aforementioned decisions shall be published in the Official Gazette, and a summary thereof shall be published in a newspaper with national circulation. Bi-ministerial Decision, Art. 2.

Brazil

   Final antidumping and countervailing duty determinations shall be published in the Diário Oficial da União.

   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 makes a preliminary determination of dumping or subsidizing he shall cause notice of the determination 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.

   The Deputy Minister also shall cause to be filed with the Secretary written notice of the determination, stating the reasons therefore, together with such other material as may be required by the rules of the Tribunal. Art. 38 (3).

   Where the Deputy minister makes a final determination of dumping or subsidizing he shall cause notice of the determination 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.

   The Deputy Minister also shall cause to be filed with the Secretary written notice of the determination, stating the reasons therefore, together with such other material as may be required by the rules of the Tribunal. Art. 41 (3).

Chile

   Public notice is given of all determinations, preliminary and final, positive and negative, and whenever a definitive antidumping duty is terminated. Information in sufficient detail is to be provided in each of these notices, or by means of a separate report, on all findings and conclusions with respect to questions of fact and of law that the investigating authority deems relevant. All such notices and reports are to be sent to the country or countries whose goods are the subject of the determination or undertaking in question, as well as to any other party known to have an interest in the proceedings. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   The order by which the preliminary determination is adopted shall be published in the Official Gazette of the Ministry of Foreign Trade, INCOMEX Chapter, the day after its issuance.

   Within seven calendar days following said publication, a copy of the same shall be forwarded to the same member country or countries whose products are the subject of the determination or undertaking in question, as well as to all other interested parties who have expressed interest in the investigation and have provided their address.

   Within seven calendar days following the adoption of the recommendation by the Committee on Trade Practices, discussed in the final paragraph of article 54 of Decree 991/98, the Ministry of Foreign Trade shall adopt its decision by reasoned order. The order with which the final decision is adopted shall be published the day after its issuance in the Gaceta of the Ministry of Foreign Trade, INCOMEX Chapter.

   Within seven days following its publication, a copy shall be sent to the member country or countries whose products are the subject of the determination or undertaking in question, and to all other interested parties who have expressed interest in the investigation and have provided their address.

Costa Rica

   Public notice shall be given of any preliminary or final determination, whether affirmative or negative, of any decision to accept an undertaking [...], of the termination of such an undertaking, and of the revocation of a determination.

   Each such notice shall set forth or otherwise make available through a separate report in sufficient detail the findings and conclusions reached on all issues of fact and law considered material by the investigating authorities.

   All such notices and reports shall be forwarded to the Member or Members the products of which are subject to such determination or undertaking and to other interested parties known to have an interest therein.

   A decree adds the following: Decisions on starting, suspending or concluding an investigation and on whether or not to apply countervailing or anti-dumping measures, or on amendments thereto, shall, at the time notification is made, be published one time only, at the interested party's expense, in the Official Gazette and in a newspaper with nationwide circulation in the respective country and, where appropriate, in the Official Gazette of the Central American Integration System, so that any person interested in the investigation process may exercise his right.

Dominican Republic

Ecuador

   The decision adopted by COMEXI shall be notified by the Ministry of Foreign Trade, Industrialization and Fisheries to the Customs Technical Committee, for information and implementation. The resolution must contain the factual and legal basis for the decision and shall be published in the Official Journal and notified to the interested parties within five (5) working days of publication.

El Salvador

   At the same time they are announced, resolutions on the initiation, suspension or conclusion of an investigation, and on the implementation or non-implementation of countervailing or antidumping measures or on changes therein, shall be published one single time at the expense of the party concerned in the Daily Gazette and in a daily newspaper with nationwide circulation in the corresponding country, and when appropriate, in the Daily Gazette of the Central American System of Integration, so that any person concerned with the investigative process instituted may assert the corresponding rights. Article 42 of the Central American Regulations on Unfair Trade Practices.

Guatemala

   At the same time they are announced, resolutions on the initiation, suspension or conclusion of an investigation, and on the implementation or non-implementation of countervailing or antidumping measures or on changes therein, shall be published one single time at the expense of the party concerned in the Daily Gazette and in a daily newspaper with nationwide circulation in the corresponding country, and when appropriate, in the Daily Gazette of the Central American System of Integration, so that any person concerned with the investigative process instituted may assert the corresponding rights. Article 42, CARUTP.

Honduras

   At the same time they are announced, resolutions on the initiation, suspension or conclusion of an investigation, and on the implementation or non-implementation of countervailing or antidumping measures or on changes therein, shall be published one single time at the expense of the party concerned in the Daily Gazette and in a daily newspaper with nationwide circulation in the corresponding country, and when appropriate, in the Daily Gazette of the Central American System of Integration, so that any person concerned with the investigative process instituted may assert the corresponding rights. Article 42, CARUTP.

Jamaica

   Where the Commission makes a preliminary determination of dumping or subsidizing in respect of goods, the Commission shall – publish notice of its determination in the Gazette and in a daily newspaper circulating in Jamaica. Where the Commission makes a final determination of dumping or subsidizing, the Commission shall notify the Minister accordingly and shall cause notice of such determination to be published in the Gazette and in a daily newspaper circulating in Jamaica.

Mexico

   In accordance with the provisions of Articles 44, 52, 57, 59, 60, 68, 71, 73, and 74 of the Law; 93, 95, 96, 97, 100, 104, 108 and 115 of the Regulations; and 12.1 and 12.2 of the Agreement on Application of Article VI of the General Agreement on Tariffs and Trade of 1944; and 22.1 and 22.3 of the Agreement on Subsidies and Countervailing Measures, all the decisions or resolutions the investigating authority adopts are published in the Official Daily Gazette of the Federation. That is, when the investigating authority issues a decision (whatever it may be), public notice must be made as referred to in the Agreement on Application of Article VI of the General Agreement on Tariffs and Trade of 1994 and the Agreement on Subsidies and Countervailing Measures.

Nicaragua

   At the same time they are announced, resolutions on the initiation, suspension or conclusion of an investigation, and on the implementation or non-implementation of countervailing or antidumping measures or on changes therein, shall be published one single time at the expense of the party concerned in the Daily Gazette and in a daily newspaper with nationwide circulation in the corresponding country, and when appropriate, in the Daily Gazette of the Central American System of Integration, so that any person concerned with the investigative process instituted may assert the corresponding rights. Article 42, CARUTP.

Panama

Paraguay

Peru

   The decision to initiate an investigation, the decisions fixing provisional or definitive anti-dumping or countervailing duties, decisions lifting or modifying the duties or terminating or suspending the investigation shall be published in El Peruano once only.

Santa Lucia

Trinidad and Tobago

   The preliminary and final determinations must be published in the Gazette. (Secs. 24(2), 26(2) and 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).

United States

   1. COMMERCE

   Whenever Commerce makes an AD or CVD determination, it must notify the petitioner, other parties to the investigation, and the ITC of its determination, including the facts and methodology of the analysis upon which the determination is based.

   These determinations must be published in the Federal Register.

   2. ITC

   Whenever the ITC makes an injury determination, it serves a copy of the determination and a public version of the staff report on the petitioner, other parties to the investigation, and Commerce.

   ITC reports are publicly available, however they are not published in the Federal Register.

   Only a notice of the Commission's determination is published in the Federal Register.

Uruguay

Venezuela

   Article 27 of the law states that all of the Commission's decisions (initiation, preliminary, or definitive) should be published in the Gaceta Oficial de la República de Venezuela and the interested parties notified.

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