Bolivia

F. Conduct Verification

1. Antidumping

   The Technical Secretariat shall verify the information provided in response to the questionnaires or submitted in the course of the investigation.

   For this purpose, it may visit the domiciles of the parties involved in the investigation, including those of the complainant, the exporter, the foreign producer and the importer; the Technical Secretariat shall restrict itself to verifying the documents in the file or checking those whose examination has been ordered.

   The Technical Secretariat may also verify prices through other sources which it seems important for the investigation.

   In particular, it shall take into account the information provided by the inspection bodies legally established in Bolivia.

   The information and evidence provided regarding production costs or the subsidy received may be verified in the country of origin or source if the government authority concerned and, where appropriate, the manufacturer of the product agree to verification.

   Where the government of the exporting country or, where appropriate, the manufacturer of the product subject to investigation does not agree to verification, the Technical Secretariat shall determine countervailing measures on the basis of the best available information. Bi-ministerial Decision, Art. 19.

2. Countervailing

   Same as dumping provision.

G. Hearings

1. Antidumping

   During the investigation, preferably subsequent to the preliminary determination, the complainant, the importers and exporters of the product that is the subject of the investigation and in general any persons who have shown that they have a legitimate interest in the investigation may apply for the holding of joint hearings of interested parties representing different interests. Bi-ministerial Decision, Art. 13.

2. Countervailing

   Same as dumping provision.

H. Briefs

   No statutory provision.

I. Final Determinations

   After the interested parties have been afforded an opportunity to put forward their arguments, and on the basis of the available evidence and information, the Technical Secretariat shall conclude the investigation and shall request the Under-Secretary for Exports and Economic Competition to convene the Committee on the Evaluation of Unfair Trade Practices in order to evaluate the findings of the investigation and make an appropriate recommendation to CONEPLAN through the Minister for Exports and Economic Competition.

   The Committee shall meet at the latest ten (10) working days after the conclusion of the investigation.

   CONEPLAN shall meet within five (5) working days following the meeting of the Committee. Bi-ministerial Decision, Art. 16 and 37.

J. Maximum Length of Investigation

   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.

K. Maximum Duration of Antidumping and Countervailing Duty Orders

   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.

L. Retroactivity

   The definitive antidumping or countervailing duties established for products entered for consumption within ninety (90) days prior to the date of establishing the provisional duties, when it is proved that there is injury which is difficult to repair caused by massive dumped or subsidized imports, or when statements of intent accepted have not been respected. Bi-ministerial Decision, Art. 2.

   Imposition of retroactive definitive duties may be ordered in the following cases:

         1. Massive imports that have caused the domestic industry injury which is difficult to repair;

         2. Failure to fulfill statements of intent accepted by the Minister for Exports and Economic Competition. Bi-ministerial Decision, Art. 40.

M. Best Information Available (or "Facts Available")

   The investigating authority shall base its decision on the information provided, which can be verified, is appropriate and presented in timely fashion.

   When the authority does not accept evidence or information, it shall so inform the party which has supplied the information or evidence and shall allow the party to provide further explanations. Bi-ministerial Decision, Art. 24.

N. Consumers as Interested Parties

   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.

O. Public Interest

1. Antidumping

   Following the opinion of the Committee on the Evaluation of Unfair Trade Practices, CONEPLAN, may determine that the antidumping or countervailing duty should be less than the margin of dumping or the amount of the subsidy if such lesser amount is adequate to remove the injury or threat of injury to national industry. Bi-ministerial Decision, Art. 39.

2. Countervailing

   Same as dumping provision.

P. Undertakings or Commitments

   Offers to eliminate or limit the subsidy, to revise the export prices or to cease exports to Bolivia, as appropriate, in such a way as to eliminate the consequent injury shall be evaluated.

   Offers shall not be considered when:

         1. They are made prior to the imposition of provisional duties;

         2. they do not include the supply of the information and authorization to carry out investigations which the investigating authority deems necessary;

         3. they offer quantitative restrictions in cases of dumping investigations.

   Parties interested in the procedure shall be given the opportunity to send their comments to the investigating authority within a specified time period, at the expiry of which it shall communicate any information to the Committee on the Evaluation of Unfair Trade Practices.

   The Committee shall make a recommendation to the Minister for Exports and Economic Competition on the terms of the statement of intent (undertaking).

   The Ministry of Exports and Economic Competition shall adopt and publish the decision most appropriate to the interests of the country.

   In its resolution accepting the offer, the Ministry may order that antidumping or countervailing duties should not be collected, or should be collected in an amount less than the identified margin of dumping or subsidy, or be collected only as from a specified date or up to a specified date.

   The application of any concessions made in the decision taken shall be conditional on fulfillment of the offers by the parties which made the statements of intent accepted by the Ministry of Exports and Economic Competition.

   Where the Minister for Exports and Economic Competition, after receiving statements of intent, determined that there has been no injury, the resolution terminating the investigation shall state that the offers accepted previously have lapsed.

V. Review of Antidumping and Countervailing Duty Determinations

A. Annual Reviews

   According to Article 44 final determinations which establish antidumping or countervailing duties may be reviewed so long as there is sufficient reason.

   Such review may be self initiated by the Agency at any time, or at the request of the interested party after one year following the final determination.

B. Duty Refund Review

   There shall be a refund of the security or a reduced amount of the security shall be collected when:

         1. The definitive duties are lower than the provisional duties paid or guaranteed, in an amount equivalent to the difference between them;

         2. a definitive duty is established for threat of injury or material retardation in the establishment of an industry in Bolivia and the injury has not yet occurred, for the total amount of the duty paid or return of the security;

         3. where definitive duties are not established, the entire amount paid by way of provisional duty shall be refunded or the security returned.

   The General Customs Administration shall refund excess amounts or order the return of the security, in the same amount, in accordance with the procedures laid down in the relevant legal provisions. Bi-ministerial Decision, Art. 42.

C. Sunset Review

   The duration of countervailing or antidumping duties shall be two (2) years, which may be extended if the causes 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:

         1. After the first two (2) 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 (2) years;

         2. after give (5) 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.

D. Changed Circumstances Review

   Administrative decrees fixing definitive antidumping or countervailing duties may be modified provided that there are valid reasons for so doing.

   The modification may be made ex officio at any time or at the request of an interested party one year after the duties were first imposed or last modified. Bi-ministerial Decision, Art. 44.

E. New Shipper Review

1. Antidumping

2. Countervailing

3. Judicial, Administrative or Other Review

F. Procedures for Due Process

1. Notification of Initiation of Investigation

   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.

2. Questionnaires (Distribution, Response Time, Extensions, Supplements)

   Within a maximum period of five calendar days from the date of the Ministerial Decision to initiate an investigation, the Technical Secretariat shall forward basic questionnaires to the exporters or domestic producers and to diplomatic or consular representatives, requesting information on the case.

   The same time-limits shall apply to the dispatch of questionnaires subsequent to the preliminary determination.

   The communications accompanying the questionnaires shall indicate the time-limit within which the parties must return the questionnaires duly completed.

   This shall not exceed twenty (20) working days from the date of dispatch of the communication. Bi-ministerial Decision, Art. 11.

3. Publication of Antidumping and Countervailing Duty Determinations

   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.

4. Access to Public Information

   Interested parties may have access to and obtain the information provided to the Technical Secretariat by any of the interested parties, with the exception of the internal documents prepared by the Technical Secretariat and confidential documents.

   For this purpose, they shall make an application in writing to the Technical Secretariat indicating the specific matters on which they require information and, if the request is accepted, the information shall be provided in writing. Bi-ministerial Decision, Art. 21.

   The authorities shall require interested parties providing confidential information to furnish non-confidential summaries thereof.

   These summaries shall be in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence.

   In exceptional circumstances, such parties may indicate that such information is not susceptible of summary.

   In such exceptional circumstances, a statement of the reasons why summarization is not possible must be provided. (AD Agreement, Art. 6.5.1; SCM Agreement, Art. 12.4.1).

   The interested parties should therefore indicate the reasons for which they seek confidential treatment of certain evidence and documents and should annex a non-confidential summary of this information. Bi-ministerial Decision, Art. 17.

5. Access to Confidential Information

   When initiating the investigation, the Technical Secretariat shall open a separate file, in which shall be placed the documents which the authorities, the complainant or the interested parties have determined are of a confidential nature.

   Such documents shall be treated as confidential provided that the authority considers that they are grounds for so doing.

   Information which has been received as confidential may only be utilized by the Technical Secretariat for the purposes for which it was requested.

   Such information may not be disclosed without the specific authorization of the party providing it. Bi-ministerial Decision, Art. 17.

6. Decision Making Process (Ministerial Approval, Commission Vote, etc.)

   By Ministerial approval.

G. Application and Collection of Duties

1. Suspension of Liquidation

   A provisional anti-dumping or countervailing duty should be imposed where there is a preliminary finding of the existence of dumping or a subsidy and sufficient proof of the consequent injury to domestic industry.

   Such a measure may not be adopted sooner than forty-five (45) working days from the date of dispatch of the questionnaires.

   The sole purpose of imposing provisional duties shall be to prevent injury being caused during the investigation.

   The duties shall correspond to the provisionally estimated amount of the margin of dumping or subsidy.

   Provisional duties may be paid in cash or covered by a security in conformity with the legal provisions on the lodging of security for the payment of customs duties. Bi-ministerial Decision, Art. 38.

2. Use of Bonds or Cash Deposits

   Provisional duties may be paid in cash or covered by a security in conformity with the legal provisions relating to the lodging of security for the payment of customs duties. Bi-ministerial Decision, Art. 38.

3. Methods of Liquidation

   A provisional anti-dumping or countervailing duty should be imposed where there is a preliminary finding of the existence of dumping or a subsidy and sufficient proof of the consequent injury to domestic industry.

   Such a measure may not be adopted sooner than forty-five (45) working days from the date of dispatch of the questionnaires.

   The sole purpose of imposing provisional duties shall be to prevent injury being caused during the investigation.

   The duties shall correspond to the provisionally estimated amount of the margin of dumping or subsidy. Provisional duties may be paid in cash or covered by a security in conformity with the legal provisions on the lodging of security for the payment of customs duties. Bi-ministerial Decision, Art. 38.

H. Other

1. Anti-Circumvention

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