3. Methodologies/Definitions
   
   
   4. Polling
      
      
      WTO Standard: "In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine support and opposition by using statistically valid sampling techniques." (AD Agreement, Art. 5.4, fn. 13; SCM Agreement, Art. 11.4, fn. 38)

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 cited WTO standards are applied.

Bolivia

   Principal parties in national production are considered to be those with 25% of such production, in volume terms.

   The complainant is the natural or legal person who, representing the principal party in national production, requests the investigation of imports subject to unfair practices, which could lead to corrective measures, if such practices cause or threaten to cause injury to national production.

Brazil

   SECEX may take steps to determine the degree of support or opposition to the petition expressed by domestic producers of the similar product with the purpose of verifying that the petition is, in fact, filed on behalf of the domestic industry.

   In the case of a fragmented industry involving numerous producers, SECEX may use statistically valid sampling techniques to determine the degree of support or opposition. Art. 20-2; Art. 28-2.

Canada

   Revenue Canada must be satisfied that the required industry support thresholds are met before a case can be initiated.

   If the required industry support thresholds are not met, either the complainant or Revenue Canada officials will contact all known producers so as to canvass them for their views on the proposed complaint.

   Where there is a large number of producers, a statistically valid sample of producers could be polled.

Chile

   Where the domestic industry is fragmented to the point where there are an exceptionally large number of producers, the Commission may determine the degree of support and opposition for the complaint by means of statistically valid sampling techniques. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   In the case of fragmented branches of production that entail an unusually large number of producers, INCOMEX shall determine the degree of support and opposition by using statistically valid sampling techniques.

Costa Rica

Dominican Republic

Ecuador

El Salvador

   If it is determined that the petition has not been made on behalf of a national production branch in accordance with the Agreements of the WTO. (Article 8-a of the CARUTP).

Guatemala

   If it is determined that the petition has not been made on behalf of a national production branch in accordance with the Agreements of the WTO. (Article 8-a of the CARUTP).

Honduras

   If it is determined that the petition has not been made on behalf of a national production branch in accordance with the Agreements of the WTO. (Article 8-a of the CARUTP).

Jamaica

Mexico

   The final part of article 63 of the Regulations establishes SECOFI's obligation to gather necessary information on the national producers not petitioning so that the determination of damage will be representative of the situation of overall national production.

Nicaragua

   If it is determined that the petition has not been made on behalf of a national production branch in accordance with the Agreements of the WTO. (Article 8-a of the CARUTP).

Panama

Paraguay

Peru

Santa Lucia

Trinidad and Tobago

United States

   Only if the requisite support is not established in the petition will Commerce poll the industry or rely on other information to determine whether the domestic industry supports the petition.

   If there is a large number of producers, the statute authorizes Commerce to use statistically valid samples to determine whether the required level of support exists.

   If the Commerce Department has to poll the industry to determine standing, an additional 20 days (for a total of 40 days from the date the petition is filed) is permitted for determining whether there is a sufficient basis for initiating the investigation.

Uruguay

Venezuela

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