1. Legal Authority to Impose Antidumping and Countervailing Duties
   
   
   3. Regulations
      
      
      WTO Standard: See "Legislation" section, above.
      

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 has adopted the WTO Agreements by Law 24425 published in the Boletin Oficial No. 28.054/1st Section (at page 3) on January 5, 1995, concerning Article VI on Anti-dumping and in the Boletin Oficial No. 28.054/1st Section ( page 55) concerning Subsidies and Countervailing Duties.

Bolivia

   Same as indicated under legislation section above.

Brazil

   Decreto no. 1602, de 23 de agosto de 1995 - regulamenta as normas que disciplinam os procedimentos administrativos, relativos à aplicação de medidas antidumping, com base no Acordo de Implementação do Art. VI do GATT 1994; Decreto no. 1751, de 22 de dezembro de 1995 - regulamenta as normas que disciplinam os procedimentos administrativos, relativos à aplicação de medidas compensatórias, com base nos Acordos sobre Subsídios e Medidas Compensatórias e sobre Agricultura, do GATT 1994.

Canada

   The Special Import Measures Act regulations elaborate on the provisions in the Act.

   These regulations are currently being amended.

   The draft regulations entered into force on January 1, 1995, and the final regulations are expected to be promulgated in mid-1996.

Chile

   Chilean legislation on this subject consists of the following:

         
• Supreme Decree No.16 (Ministry of External Relations), published in the Diario Oficial of 17/05/95, by which the 1994 Agreement on Application of Article VI of the GATT and the Agreement on Subsidies and Countervailing Measures were incorporated into Chile's national legislation and acquired the force of law as of that date.
           
• Law No.18,525, published in the Diario Oficial of 30/06/86, which created the National Commission, and Decree No. 575 of the Ministry of Finance, published on 20/08/93, which approved the regulations under Article 11 of Law 18,525.
           
• Law 18,525 and Regulation 575 apply only to the extent that their provisions do not conflict with Supreme Decree No. 16, above: under the hierarchy-of-laws principle, that decree takes precedence over all previous ones, because it deals with an international treaty that has been incorporated into national legislation by Supreme Decree.

Colombia

   The provisions set forth in Decree 991 of 1998 shall apply pursuant to Colombia's obligations deriving from the international agreements to which it is party, in particular the Agreement establishing the World Trade Organization done at Marrakesh April 15, 1994, including the General Agreement on Trade and Tariffs of 1994 (1994 GATT) and the Agreement on the Implementation of Article VI of the GATT of 1994 attached to it.

Costa Rica

   Given the foregoing, the laws applicable in Costa Rica on the matter of unfair trade practices and the hierarchy of those laws can be summarized as follows:

         a. The relevant provisions of the Constitution (for example, the due process clause, etc.)

         b. The Anti-dumping Agreement and the Subsidies Agreement of the WTO

         c. Law No. 2426 of May 18, 1960, establishing the Joint Commissions in the Ministry of Economy, Industry and Commerce and in the Ministry of Agriculture and Livestock, to deliberate upon the final application of remedies for unfair trade practices.

         d. The following executive decrees:

         
• "Central American Regulations on Unfair Trade Practices", Executive Decree No. 24868-MEIC, of January 31, 1996.
           
• Decree on Establishment of the Office of Unfair Trade Practices and Safeguard Measures, Executive Decree No. 24772-MEIC-MAG, December 5, 1996.

Dominican Republic

   The Dominican Republic is in the process of developing rules and regulations pertaining to antidumping and countervailing duty measures.

Ecuador

   Law No. 12 of 22 May 1997, published in Official Journal No. 82 of 9 June 1997, the Foreign Trade and Investment Law, "LEXI", entered into force in Ecuadorian territory and authorizes the Foreign Trade and Investment Council (COMEXI) to impose anti-dumping duties, countervailing duties and safeguard measures.

El Salvador

   El Salvador is a signatory of Resolution No. 12-95 of the Consejo de Ministros Responsables de la Integración Economica y Desarrollo Regional which approved the Central American Regulations on Unfair Trade Practices on 12 December, 1995 in San Pedro Sula, Honduras.

   The latter is fully consistent with the agreements of the WTO. All substantive aspects relating to unfair trading practices will be determined by Article VI of the GATT and the WTO Antidumping Agreement and the Agreement on Subsidies and Countervailing Measures, as well as the Protocol of El Salvador of the General Treaty on Central American Economic Integration (1993) and the Convenio sobre el Regime Arancelario y Aduanero Centroamericano.

Guatemala

   Guatemala is a signatory of Resolution No. 12-95 of the Consejo de Ministros Responsables de la Integración Economica y Desarrollo Regional which approved the Central American Regulations on Unfair Trade Practices on 12 December, 1995 in San Pedro Sula, Honduras.

   The latter is fully consistent with the agreements of the WTO. All substantive aspects relating to unfair trading practices will be determined by Article VI of the GATT and the WTO Antidumping Agreement and the Agreement on Subsidies and Countervailing Measures, as well as the Protocol of Guatemala of the General Treaty on Central American Economic Integration (1993) and the Convenio sobre el Regime Arancelario y Aduanero Centroamericano.

Honduras

   Honduras is a signatory of Resolution No. 12-95 of the Consejo de Ministros Responsables de la Integración Económica y Desarrollo Regional which approved the Central American Regulations on Unfair Trade Practices on 12 December, 1995 in San Pedro Sula, Honduras.

   The latter is fully consistent with the agreements of the WTO. All substantive aspects relating to unfair trading practices will be determined by Article VI of the GATT and the WTO Antidumping Agreement and the Agreement on Subsidies and Countervailing Measures, as well as the Protocol of Guatemala of the General Treaty on Central American Economic Integration (1993) and the Convenio sobre el Regime Arancelario y Aduanero Centroamericano.

Jamaica

   The Minister may make regulations subject to affirmative resolution generally for giving effect to the provisions of this Act.

Mexico

   Mexico's AD/CVD Regulations, issued under the Foreign Trade Act, were published in the Diario Oficial de la Federacion of December 30, 1993 (Annex II). Rules on legislation in Mexico concerning antidumping and subsides are established through the following regulations:

         
• Regulations of the External Trade Law
           
• Regulations of the Federal Fiscal Code
           
• Regulations of the Customs Law
           
• Internal Regulations of SECOFI
           
• Agreement establishing the rules for determining the country of origin of imported goods and the provisions for their certification with regard to countervailing duties
           
• Agreement establishing the Advisory Council on International Trade Practices and establishing its organization and functions
           
• Agreement assigning administrative units systematically and delegating authority to the Assistant Secretaries, Chief Officers, Heads of Unit, Directors General and other subordinates of SECOFI.

   The provisions of these regulations include matters related to price discrimination as well as subsides.

Nicaragua

   Nicaragua is a signatory of Resolution No. 12-95 of the Consejo de Ministros Responsables de la Integración Económica y Desarrollo Regional which approved the Central American Regulations on Unfair Trade Practices on 12 December, 1995 in San Pedro Sula, Honduras.

   The latter is fully consistent with the agreements of the WTO. All substantive aspects relating to unfair trading practices will be determined by Article VI of the GATT and the WTO Antidumping Agreement and the Agreement on Subsidies and Countervailing Measures, as well as the Protocol of Guatemala of the General Treaty on Central American Economic Integration (1993) and the Convenio sobre el Regime Arancelario y Aduanero Centroamericano.

Panama

   Panama applies Law No. 29 of February 1, 1996 entitled "Normas Sobre la Defensa de la Competencia y se Adoptan Otras Medidas" as published in the Gaceta Oficial No. 22,966 of February 3, 1996.

Paraguay

   Paraguay does not have any regulations currently in force relating to antidumping and countervailing duty measures.

Peru

   Supreme Decree No. 043-97-EF establishes regulations for the rules laid down in the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Agriculture, approved by the Democratic Constituent Congress in Legislative Decision No. 26470, in order to prevent and remedy distortion of market competition caused by dumping and subsidies.

Santa Lucia

   Saint Lucia does not have any regulations currently in force relating to antidumping and countervailing duty measures.

Trinidad and Tobago

   Trinidad and Tobago has regulations made effective by Legal Notice No. 25, RE: the Anti-Dumping and Countervailing Duties Regulations, 1996.

   Authorities responsible for conducting investigations remains the same.

United States

   The Commerce Department issued interim final regulations which were published in the Federal Register on May 11, 1995 (60 Fed. Reg. 25,130).

   These regulations, which are currently in effect, are limited to certain new or revised procedures and obligations required by the Uruguay Round Agreements Act and which Commerce viewed as having an immediate impact on the orderly administration of the AD/CVD laws.

   These regulations cover such issues as:

         (1) new petition requirements concerning industry support;

         (2) extension of the time limit to initiate an investigation if polling of the industry is necessary to determine standing;

         (3) new deadlines and extensions for Commerce's preliminary and final AD and CVD determinations in investigations and reviews; and

         (4) procedures for conducting "new shipper" reviews.

   On February 16, 1996, the Commerce Department issued draft regulations on antidumping and countervailing duty proceedings and antidumping methodological issues to implement the Uruguay Round Agreements Act ("URAA").

   The public will have an opportunity to comment on these draft regulations before they are issued in final form.

   The Commerce Department is currently drafting substantive regulations on countervailing duty methodology. It is not know when these regulations are expected to be issued.

   The ITC issued amended final regulation on July 22, 1996 (61 Fed. Reg. 37818). The amendments conform with the Commission's rules, on a permanent basis, to the requirements of the URAA.

   Under the amended regulations, the ITC conducts a single, continuous antidumping or countervailing duty investigation, in contrast to the discrete preliminary and final investigations it previously conducted. The amended regulations also address issues such as:

         (1) content of petitions;

         (2) service of petitions;

         (3) treatment of confidential information; and

         (4) the ability of industrial users and consumer groups to participate in ITC proceedings.

   On October 3, 1995, the ITC issued additional rules in proposed form and which are therefore not yet in effect, (60 Fed. Reg. 51,748). These proposed rules address issues such as:

         (1) requiring petitioners to serve promptly confidential versions of petitions on representatives of interested parties;

         (2) provisions specifying particular information that must be included in a petition (i.e., identification of products and complete listings of U.S. producers and importers of the products subject to the petition);

         (3) provisions permitting public discussion of trends in confidential statistics;

         (4) deadlines for filing applications for access to information under Administrative Protective Order ("APO") for additional applicants;

         (5) provisions that specifically permit industrial users and consumer groups to submit information on material injury in AD/CVD proceedings;

         (6) provisions specifying investigative activity the ITC will conduct between the time of its preliminary determination and the Commerce preliminary determination; and (7) provisions concerning page limits on submissions.

Uruguay

   Decree 142/996 of April 23, 1996 mplements the Article VI of GATT 1994 which established the regime to which the member states of the WTO should adjust to the effects of the application of antidumping measures.

Venezuela

   Venezuela has Regulations on Unfair International Trade Practices, which were published in the Gaceta Oficial of the Republic of Venezuela, No. 4.567 Extraordinary on April 26, 1993, hereafter referred to as the Regulations.

   These Regulations contain the basic procedural arrangements for the determination of dumping, subsidies and injury to domestic producers.

   In the specific case of Venezuela's subsidy and antidumping legislation, with the approval of the antidumping agreements and agreements on subsidies and countervailing measures, it is not technically necessary to approve additional laws or regulations to implement those agreements, since the said agreements are directly applied, as from 12/29/94, to investigations initiated after that date. That notwithstanding, Venezuela is currently in the process of reforming its regulations so that they will conform to the said agreements. If there is some inconsistency or conflict between Venezuelan legislation and the respective agreement, or if there are no provisions dealing with a particular aspect of the legislation, the WTO agreements shall immediately apply.

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