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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Methodologies/Definitions

    1. Cummulation


      WTO Standard: Where imports of a product from more than one country are simultaneously subject to antidumping or countervailing investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine that 

      (a) the margin of dumping established in relation to the imports from each country is more than de minimis [. . . ] and the volume of imports from each country is not negligible and 

      (b) a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product. (AD Agreement, Art. 3.3; SCM Agreement, Art. 15.5)

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 standard of the Agreement is applied directly.

Bolivia

   In investigating injury, the Technical Secretariat may accumulate contested imports coming from or originating in two or more countries subject to investigation for the purpose of assessing the volume and effect of these imports on the domestic industry, provided that the following requirements are met:

         1. The imported products are in competition with a like product made in Bolivia;

         2. the volume and share of the imports from each of the countries which it is intended to accumulate are representative.

   Imports from countries whose volume of imports is less than 1 percent of domestic consumption may be cumulatively assessed provided that the total imports from the countries in question represent more than 2.5 percent of domestic consumption.

   Bi-ministerial Decision, Arts. 33 and 34.

Brazil

   For injury analysis purposes, where the imports of a product from more than one country are simultaneously subject to investigations, it may be cumulatively assessed the effect of such imports only if it is determined that

         (a) the margin of dumping or the amount of countervailable subsidy established in relation to the imports from each country is not de minimis and the volume of imports from each country is not negligible; and

         (b) the cummulation of the effects of the imports is appropriate given the conditions of competition between the imported products and between the imported products and the like domestic product. (Dec. 1602/95 - Art. 14.6; Dec. 1751/95 - Art. 21.7).

Canada

   Subsection 42(3) of the SIMA allows the Canadian International Trade Tribunal (Tribunal) to assess the cumulative injurious effect of the dumping or subsidizing of goods that are imported into Canada from more than one country if:

         (a) the margin of dumping or the amount of the subsidy from each of those countries is not insignificant and the volume of the goods from each of those countries is not negligible; and

         (b) an assessment of the cumulative effect is appropriate taking into account the conditions of competition.

   With respect to Subsidies/Countervail, the Tribunal, according to subsection 42(4), shall, also take into account the developing countries provisions of the Subsidies Agreement in making a cumulative assessment.

Chile

   Where imports of a good originating in more than one country are simultaneously under antidumping or subsidy countervail investigation, the Commission may assess the effects of such imports cumulatively, only if it determines that:

         a) the margin of dumping or the amount of subsidy established with respect to the imports from each supplying country is more than de minimis, in accordance with the definition of this term found in each of the Agreements (on Antidumping and on Subsidies), and the volume of imports from each country is not insignificant, and

         b) it is appropriate to assess the effects of the imports cumulatively, in light of the conditions of competition prevailing between the imported goods and domestically produced like goods. (Supreme Decree No. 16, Ministry of External relations, published in the Diario Oficial on May 17, 1995).

Colombia

   When the imports of a product from more than one country are subject to antidumping investigations, INCOMEX may cumulatively evaluate the effects of those imports if it determines that: the margin of dumping established in relation to the imports of each supplier country is more than de minimis, defining this term as in the paragraph of Article 15 of this decree, and the volume of imports from each country is not insignificant, as provided in the second paragraph of Article 16 of this decree, and a cumulative evaluation should be undertaken of the effects of the imports in light of the conditions of competition between the imported products and the like domestic product.

Costa Rica

   Where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assess effects of such imports only if they determine that

         (1) the margin of dumping established in relation to the imports from each country is more than de minimis [...] and that the volume of imports from each country is not negligible and

         (2) a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between imported products and the conditions of competition between the imported products and the like domestic product.

   It must be demonstrated that the subsidized imports are, through the effects (endnote is omitted) of subsidies, causing injury [...].

   The demonstration of a causal relationship between the subsidized imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the authorities.

   The authorities shall also examine any known factors other than the subsidized imports which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the subsidized imports.

   Factors which may be relevant in this respect include, inter alia, the volumes and prices of non- subsidized imports of the product in question, contraction in demand or changes in the patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and productivity of the domestic industry.

Dominican Republic

Ecuador

El Salvador

   There is no specific provision but El Salvador applies the rules in accordance with the WTO Antidumping and Countervailing Duty Agreements.

Guatemala

   The CARUTP applies the WTO standard.

Honduras

   The CARUTP applies the WTO standard.

Jamaica

Mexico

   The legislation states that, for both actual and threatened injury, the Ministry may cumulate the volume and impact of imports of identical or like products from two or more countries under investigation, subject to conditions and exceptions provided for in the Regulations. (I/43 (emphasis added)).

   The Regulations state that for purposes of determining injury, "when imports of a product from more than one country are simultaneously subject to investigation . . . , the Ministry shall cumulatively assess the volume and effects of such imports, provided that the imports compete amongst themselves and with products identical or alike to those imported which are manufactured in Mexico". (II/67 (emphasis added)).

   However, the "Ministry need not cumulatively assess the effects of imports . . . if such imports are not significant and do not have any identifiable adverse effect on domestic production . . .". (II/67).

Nicaragua

   The CARUTP applies the WTO standard.

Panama

Paraguay

   The volume and effects of imports from or originating from more than one country subject to investigation may be accumulated, so as to evaluate the injury to the domestic industry, so long as the margin of dumping and the amount of the subsidy are not de minimis, and the volume of imports is not insignificant, in the terms of Articles 4.10, 5.4, and 6.3.

Peru

Santa Lucia

Trinidad and Tobago

United States

   In a material injury investigation, the ITC is required to cumulatively assess the volume and effect of like imports from two or more countries subject to investigation if the imports compete with each other and with like products of the domestic industry in the U.S. market provided that the relevant petitions were filed on the same day or the investigations were initiated on the same day.

   In a sunset or threat of material injury investigation, the ITC has discretion whether to cumulate. Prior to the enactment of the URAA, the ITC routinely "cross-cumulated" imports in conducting its injury analysis. That is, if other applicable cumulation requirements were satisfied, the ITC jointly considered the effects of imports subject to subsidy and dumping investigations in assessing whether the domestic industry was materially injured by reason of subject imports.

Uruguay

   Where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the effects of such imports may be cumulatively assessed only if:

         (a) The margin of dumping established in relation to the imports from each country is more than de minimis and the volume of imports from each country is not negligible; and

         (b) a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the various imported products and the conditions of competition between the imported products and the like domestic product.

   The margin of dumping shall be considered to be de minimis if it is less than 2 per cent, expressed as a percentage of the export price.

Venezuela

   "[I]mports coming from or originating in two or more countries may be cumulated to assess the effect of these imports on domestic industry if the imports from the countries in question have been the subject of an anti-dumping or subsidy investigation during the year prior to the date of the initiation of the corresponding anti-dumping or subsidy procedure". (1992 Law, Art. 12).

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