Uruguay

B. Initiation of Investigation

   The implementing authority shall decide on the appropriateness of initiating an investigation within 30 days of ruling on whether the application has been properly documented, referring the proceedings immediately to the Advisory Committee established under Article 3. The interministerial resolution, affirmative or negative, concerning the initiation of an investigation shall be issued within 30 days of the decision of the implementing authority mentioned in the preceding Article.

   The application shall be rejected and the case filed if:

         (a) There is not sufficient evidence of dumping or consequent injury to justify the initiation of an investigation;

         (b) the application was not made by or on behalf of the domestic industry;

         (c) the domestic producers expressly supporting the application account for less than 25 per cent of total production of the like product produced by the domestic industry.

   As soon as an investigation has been initiated, the full text of the application which gave rise to it, except for any confidential information it may contain, shall be provided to the known foreign producers and exporters and to the authorities of the exporting country and shall also be made available, at their request, to other interested parties. If the number of producers and exporters involved is particularly high, the text in question shall be provided only to the authorities of the exporting country and to the relevant trade associations. For the purposes of the preceding paragraph, the applicant shall have five days from the date of notification of the resolution ordering the initiation of an investigation to submit copies of the application or, failing that, non-confidential summaries thereof in accordance with the provisions of Article 46, as appropriate.

   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. However, after receipt of a properly documented application and before proceeding to initiate an investigation, they shall notify the government of the exporting country. In exceptional circumstances, an investigation may be initiated ex officio if there is sufficient evidence of dumping, injury and a causal link to justify such action. Before the investigation is initiated, this evidence shall be communicated to the government of the exporting country.

   An anti-dumping investigation proceeding shall not hinder the procedures of customs clearance of the product investigated.

C. Issuance of Questionnaire

   As soon as it has been decided to initiate an investigation, the implementing authority may request the interested parties, by circulating questionnaires, to supply the information it considers necessary, giving them ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question.

D. Response to Questionnaire

   The known interested parties receiving questionnaires shall have 40 days to reply, reckoned from the date of receipt of the questionnaire. This period may be extended for a maximum of 30 days, upon cause shown. In the course of the investigation, the implementing authority may request additional information.

   For these purposes it shall allow a period in accordance with the nature of the information requested which may be extended, upon cause shown. The implementing authority shall make its determination with respect to the application of anti-dumping duties within 30 days of the completion of the inquiry stage of the investigation and immediately refer the proceedings to the Advisory Committee established under Article 3. The Advisory Committee shall have 30 days to give an opinion concerning the application of anti-dumping duties.

E. Preliminary Determination

1. Injury

   Provisional anti-dumping measures may be applied only if:

         (a) An investigation has been initiated in accordance with the provisions of Section II of this Chapter and interested parties have been given adequate opportunities to submit information and make comments;

         (b) a preliminary affirmative determination has been made of dumping and consequent injury to a domestic industry;

         (c) such measures are judged necessary to prevent injury being caused during the investigation; and

         (d) at least 60 days have passed since the date of initiation of the investigation.

   The amount of the provisional anti-dumping measure may not be greater than the provisionally estimated margin of dumping. The provisional measures shall take the form of a provisional duty or, preferably, a security consisting of a cash deposit in the Banco de la Republica Oriental del Uruguay or in the Banco Hipotecario del Uruguay, at the discretion of the depositor, in the joint name of the latter and the Ministry of Economy and Finance, or of a bank guarantee in favour of the aforementioned Ministry, for a sum equal to the amount of the anti-dumping duty provisionally assessed.

   The implementing authority shall, where appropriate, give its opinion concerning the appropriateness of applying provisional measures and their amount, immediately referring the proceedings to the Advisory Committee established under Article 3.

   The interministerial resolution ordering the application of provisional measures shall be notified to the interested parties participating in the investigation and published in the Official Journal.

   Customs clearance of goods subject to provisional anti-dumping measures shall depend on the payment of the duties or the provision of the guarantee, as appropriate.

   Provisional measures shall be applied for not more than four months or, upon request by exporters of the product under investigation representing a significant percentage of the trade involved, for not more than six months. Requests for the extension of the period of application of provisional measures must be submitted to the implementing authority by exporters not less than 30 days before the expiry of the period in question.

   When in the course of an investigation it is concluded that a provisional measure less than the margin of dumping would be sufficient to remove injury, the periods specified in the preceding Article may be six and nine months respectively.

2. Antidumping

   Provisional anti-dumping measures may be applied only if:

         (a) An investigation has been initiated in accordance with the provisions of Section II of this Chapter and interested parties have been given adequate opportunities to submit information and make comments;

         (b) a preliminary affirmative determination has been made of dumping and consequent injury to a domestic industry;

         (c) such measures are judged necessary to prevent injury being caused during the investigation; and

         (d) at least 60 days have passed since the date of initiation of the investigation.

   The amount of the provisional anti-dumping measure may not be greater than the provisionally estimated margin of dumping. The provisional measures shall take the form of a provisional duty or, preferably, a security consisting of a cash deposit in the Banco de la Republica Oriental del Uruguay or in the Banco Hipotecario del Uruguay, at the discretion of the depositor, in the joint name of the latter and the Ministry of Economy and Finance, or of a bank guarantee in favour of the aforementioned Ministry, for a sum equal to the amount of the anti-dumping duty provisionally assessed.

   The implementing authority shall, where appropriate, give its opinion concerning the appropriateness of applying provisional measures and their amount, immediately referring the proceedings to the Advisory Committee established under Article 3.

   The interministerial resolution ordering the application of provisional measures shall be notified to the interested parties participating in the investigation and published in the Official Journal.

   Customs clearance of goods subject to provisional anti-dumping measures shall depend on the payment of the duties or the provision of the guarantee, as appropriate.

   Provisional measures shall be applied for not more than four months or, upon request by exporters of the product under investigation representing a significant percentage of the trade involved, for not more than six months. Requests for the extension of the period of application of provisional measures must be submitted to the implementing authority by exporters not less than 30 days before the expiry of the period in question.

   When in the course of an investigation it is concluded that a provisional measure less than the margin of dumping would be sufficient to remove injury, the periods specified in the preceding Article may be six and nine months respectively.

3. Countervailing

F. Conduct Verification

1. Antidumping

   When possible and deemed necessary, investigations may be carried out in the territory of other countries, provided the agreement of the firms concerned is obtained and the government of the country in question is notified and does not object to the investigation. The procedures laid down in Articles 113 ff. shall apply to investigations carried out in the territory of other countries. When deemed necessary, investigations may also be carried out in firms involved that are established in national territory, provided that these firms give their permission. Subject to the provisions concerning the protection of confidential information, the results of such investigations shall be incorporated in the proceedings.

   Upon the initiation of an investigation, the authorities of the exporting country and the firms concerned shall be informed of the intention to carry out on-the-spot investigations. If in exceptional circumstances it is considered necessary for non-governmental experts to take part in the investigation, the firms and the authorities of the exporting country shall be so informed. Such experts shall be subject to the sanctions of Article 302 of the Penal Code for violation of confidentiality obligations. Before an on-the-spot investigation is carried out, the agreement of the firms concerned in the exporting country shall be obtained. As soon as the agreement mentioned in the preceding paragraph has been obtained, the authorities of the exporting country shall be notified of the names and addresses of the firms to be visited and the dates agreed.

   Visits to explain the questionnaires mentioned in Articles 44 ff. shall only be made at the request of an exporting firm and only if the authorities of the exporting country, after being notified, do not object to the visit. On-the-spot investigations shall be carried out after the response to the questionnaire has been received, unless the firm agrees to the visit taking place beforehand and the authorities of the exporting country, having been notified, do not object.

   Prior to the visit, the firm concerned shall be advised, in general terms, of the information required, though this shall not preclude requests for further details being made on the spot.

   Whenever possible, enquiries by the implementing authority or firms of the exporting country which are essential to a successful on-the-spot investigation should be answered before the visit is made.

2. Countervailing

G. Hearings

1. Antidumping

   During the anti-dumping investigation all interested parties shall have an opportunity for the defence of their interests, to which end they shall, on request, be provided with opportunities to meet those parties with adverse interests, so that they may present their arguments. The party requesting a hearing shall submit, together with his request, a list of the aspects to be considered. The known interested parties shall be given 30 days advance notice of the holding of a hearing and of the aspects to be considered.

   There shall be no obligation on any party to appear at the hearing, and failure to do so shall not be regarded as prejudicial to that party's case. Interested parties shall give formal notification, at least five days before the hearing is held, of the legal representatives who will attend and shall submit in writing, at least 10 days before the hearing, the arguments to be presented. In the course of the hearing, interested parties may also, on justification, present other information orally. Oral information shall be taken into account only in so far as it is reproduced in writing and submitted for incorporation in the proceedings within 10 days of the holding of the hearing. In the course of the hearing procedure, confidentiality shall be preserved. The holding of hearings shall not prevent the adoption of provisional or final measures. Interested parties may request, in writing, to see the proceedings, which shall be made available to them provided the pursuit of the investigation so allows, except for those proceedings which are confidential and internal government documents.

   Before ruling on the existence of dumping, injury and causality, the implementing authority shall convene a hearing at which it shall inform the interested parties of the essential facts to be taken into account in its decision, allowing them 15 days to submit their final arguments. Once the time-limit specified in the preceding paragraph has expired, the inquiry stage of the investigation shall be considered to be complete. No information subsequently received shall be taken into account by the implementing authority in reaching its decision.

2. Countervailing

H. Briefs

I. Final Determinations

J. Maximum Length of Investigation

   The inquiry stage of the investigation shall be completed at least 120 days before the expiration of the maximum time-limits specified in Article 77. Investigations shall, except in special circumstances, be concluded within one year, and in no case more than 18 months, from the date of the initiating resolution. The applicant may, at any time, request the implementing authority to close the investigation. The implementing authority shall give its opinion on the request to close the investigation, referring the proceedings immediately to the Advisory Committee established under Article 3.

K. Maximum Duration of Antidumping and Countervailing Duty Orders

   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.

L. Retroactivity

   A definitive anti-dumping duty may be levied on products which were entered for consumption not more than 90 days prior to the date of application of provisional measures, when it is determined for the dumped product in question that:

         (a) There is a history of dumping which caused injury or the importer was, or should have been, aware that the exporter practises dumping and that such dumping would cause injury; and

         (b) the injury is caused by massive dumped imports of a product in a relatively short time which in light of the timing and the volume of the dumped imports and other circumstances, such as a rapid build-up of inventories of the imported product, is likely seriously to counteract the remedial effect of the definitive anti-dumping duty to be applied, provided that the importers concerned have been given an opportunity to comment.

   No duties shall be levied retroactively pursuant to the preceding Article on products entered for consumption prior to the date of initiation of the investigation. In case of violation of a price undertaking, definitive anti-dumping duties may be levied retroactively for up to 90 days prior to the date of entry into force of the provisional anti-dumping measures, except on products imported before the violation of the undertaking.

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

   If any interested party refuses access to, or otherwise does not provide, necessary information within the prescribed period or significantly impedes the investigation, the implementing authority, for the purpose of preliminary or final determinations, affirmative or negative, shall base its decision on the best information available, in accordance with the provisions of Chapter II of Title II. Once the initiation of an investigation has been ordered, the implementing authority shall specify in detail the information required from any interested party, and the manner in which that information should be presented, together with the time-limits for compliance.

   The party shall be notified that if the information is not supplied within the specified time, the implementing authority may make its determination on the basis of the facts available, including those contained in the application for the initiation of the investigation.

   For the purpose of making a determination, the implementing authority shall take into account verifiable information appropriately submitted so that it can be used without undue difficulties. If the implementing authority does not accept the information supplied, it shall forthwith inform the party of the reasons for its rejection and shall grant the party a new time-limit within which to provide explanations, due account being taken of the time-limits for the investigation. If the explanations are not satisfactory, the reasons for their rejection shall be given in the resolutions adopted. If the information provided is incomplete, the implementing authority shall not reject it on those grounds if the interested party has acted with due diligence.

   When the implementing authority must base its determination on information from a secondary source, including information supplied in the application for the initiation of the investigation, it should check it against information from independent sources or other interested parties.

   The implementing authority may request that the information be provided in a computer medium.

   If the interested party does not maintain computerized accounts or if a response in that system would entail unreasonable cost, it shall not be obliged to present its response in accordance with the preceding paragraph.

   When the implementing authority does not have the ability to process information provided in a particular medium, because it is not compatible with its operating systems, that information shall be provided in writing.

N. Consumers as Interested Parties

   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.

O. Public Interest

1. Antidumping

2. Countervailing

P. Undertakings or Commitments

   The Ministries mentioned in Article 2(b) may, by joint resolution, suspend or terminate the investigation without the imposition of provisional measures or anti-dumping duties and accept the undertaking proposed, if the exporter gives the implementing authority satisfactory voluntary undertakings to revise his prices or to cease exports to Uruguay at dumped prices, so that the authority is satisfied that the injurious effect of the dumping is eliminated. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping. It is desirable that the price increases be less than the margin of dumping if that would be adequate to remove the injury to the domestic industry. Price undertakings shall not be sought or accepted from exporters unless the implementing authority has made a preliminary affirmative determination of dumping and injury caused by such dumping. Exporters are not obliged either to offer price undertakings or to accept those offered to them. If they do not, this shall in no way prejudice the investigation of the facts. The implementing authority may reject undertakings offered if it is considered that their acceptance would be ineffective. Should the case arise and where possible, the exporter shall be informed of the reasons for rejection and given an opportunity to make any comments he considers relevant.

   The opinion of the implementing authority concerning the acceptability of a proposed price undertaking shall be imediately referred to the Advisory Committee established under Article 3, together with the proceedings. The interministerial resolution accepting the undertaking and containing the decision to continue or suspend the proceeding shall be notified to the interested parties appearing in the investigation and published in the Official Journal. If an undertaking is accepted, the investigation of dumping and injury shall nevertheless be pursued if the exporter so requests or the Ministries mentioned in Article 2(b) so decide.

   An exporter whose undertaking has been accepted shall be required to provide the implementing authority with the information it requests concerning the fulfilment of that undertaking and to permit verification of pertinent data. Non-compliance with the provisions of this Article shall be regarded as a violation of the undertaking. In case of violation of an undertaking after the proceeding has been suspended, actions may be taken which may constitute immediate application of provisional measures using the best information available and the continuation of the investigation, subject to the opinion of the implementing authority and the Advisory Committee established under Article 3.

   The interministerial resolution terminating the undertaking and ordering the application of provisional measures and the continuation of the investigation shall be notified to the interested parties appearing in the investigation and published in the Official Journal. When an undertaking has been accepted and the investigation completed:

         (a) If a negative determination of dumping or injury is made, the closure of the investigation shall be ordered by interministerial resolution and the undertaking shall automatically lapse, except where such a determination is due in large part to the existence of a price undertaking. In such a case, it may be required that the undertaking be maintained for a reasonable period consistent with the provisions of this Decree;

         (b) If an affirmative determination of dumping and injury is made, the investigation shall be closed by interministerial resolution and the application of anti-dumping duties shall be suspended in so far as the undertaking is fulfilled in accordance with its terms and the provisions of this Decree. In case of violation of an undertaking under the preceding Article, action shall be taken with a view to the termination of the undertaking and the immediate establishment of anti-dumping duties by the Executive Power, in accordance with the results of the investigation carried out, subject to the opinion of the implementing authority and the Advisory Committee established under Article 3.

V. Review of Antidumping and Countervailing Duty Determinations

A. Annual Reviews

   A review, complete or partial, of the decisions relating to the application of an anti-dumping duty, at the request of the interested parties or de officio, shall be carried out only if at least one year has elapsed since the imposition of the definitive anti-dumping duties, and only if sufficient evidence is submitted to show that:

         (a) The application of the measure is no longer necessary to offset dumping;

         (b) the injury would be unlikely to continue or recur if the measure were removed or varied; or

         (c) the existing measure is not or is no longer sufficient to counteract the dumping which is causing injury. In exceptional cases, where there has been a radical change in circumstances or the national interest so requires, decisions relating to prices may be reviewed within less than one year, at the request of an interested party or de officio.

B. Duty Refund Review

   Where the definitive anti-dumping duty was preceded by the assessment of a provisional duty the following criteria shall be applied:

         (a) If the definitive duty is lower than the amount collected provisionally or taken into account for the purpose of the security, the surplus shall be refunded or released, as appropriate;

         (b) if the definitive duty is higher than the amount collected provisionally or taken into account for the purpose of the security, the difference shall not be collected;

         (c) if the definitive duty is equal to the amount collected provisionally or taken into account for the purpose of the security, the latter shall be converted into a definitive duty.

C. Sunset Review

   Any definitive anti-dumping duty shall be terminated within a maximum of five years from its imposition or from the date of the order for it to be reviewed, provided that the review included an analysis of dumping and injury.

   The period specified in the preceding Article may be extended de officio or upon a duly substantiated request made by or on behalf of the domestic industry if it is concluded that the expiry of the duty will lead to continuation or recurrence of dumping and injury. To this end, the domestic industry may submit a written request for the extension of the resolution imposing the anti-dumping duties no later than five months before it expires.

D. Changed Circumstances Review

   Anti-dumping duties may be suspended for one year, extendible for a further year, if market conditions temporarily change, provided that injury does not reappear or continue as a result of the suspension. The anti-dumping duties may be re-imposed, at any time, if suspension is no longer warranted.

E. New Shipper Review

1. Antidumping

2. Countervailing

3. Judicial, Administrative or Other Review

   Interministerial resolutions ordering the initiation of the corresponding review or extension procedure shall be published in the Official Journal and notified to the interested parties appearing in the proceedings; resolutions which do not give rise to such initiation shall be notified solely to the requesting party.

F. Procedures for Due Process

1. Notification of Initiation of Investigation

   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.

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

3. Publication of Antidumping and Countervailing Duty Determinations

4. Access to Public Information

5. Access to Confidential Information

   Any information which is by nature confidential or which is provided on a confidential basis by parties shall, upon good cause shown, be treated as such by the implementing authority. Such information shall not be disclosed without specific permission of the party submitting it. Information deemed to be confidential shall not be incorporated in the records of the proceedings and shall be known only to the implementing authority.

   Interested parties providing confidential information must 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, stating the reasons why summarization is not possible. If a request for confidentiality is not warranted and if the supplier of the information is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, such information may be disregarded unless it can convincingly be demonstrated that the information is correct.

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

   The investigation may conclude with the application of anti-dumping duties if the Executive Power arrives at a final determination of dumping, injury and causality, within the meaning of this Decree. The amount of the anti-dumping duty may not exceed the margin of dumping. The resolution of the Executive Power ordering the application of anti-dumping duties shall indicate the name of the supplier or suppliers of the product concerned, together with the relevant duties. If the number of suppliers is particularly high, the resolution shall indicate the name of the supplying countries, together with the respective duties.

G. Application and Collection of Duties

1. Suspension of Liquidation

2. Use of Bonds or Cash Deposits

   The provisional measures shall take the form of a provisional duty or, preferably, a security consisting of a cash deposit in the Banco de la Republica Oriental del Uruguay or in the Banco Hipotecario del Uruguay, at the discretion of the depositor, in the joint name of the latter and the Ministry of Economy and Finance, or of a bank guarantee in favour of the aforementioned Ministry, for a sum equal to the amount of the anti-dumping duty provisionally assessed.

3. Methods of Liquidation

H. Other

1. Anti-Circumvention

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