4. Steps of the Investigation
   
   
   2. Initiation of Investigation
      
      
      WTO Standard: ... an investigation to determine the existence, degree and effect of any alleged dumping or subsidization shall be initiated upon a written application by or on behalf of the domestic industry. (AD Art. 5.1; SCM Agreement, Art. 11.1) If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of the domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link [...] to justify the initiation of an investigation. (AD Agreement, Art. 5.6; SCM Agreement, Art. 11.6)

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 standards of the WTO are applied. Articles 36, 37, 40, and 41 of Decree 2121/94 which are cited below, are of supplementary application on this subject, to the degree that they do not contradict the Agreement's provisions. Proceedings for the imposition of antidumping and countervailing duties are initiated through the Under Secretariat for Foreign Trade.

   Upon receipt of the application, the Under-Secretariat for Foreign Trade evaluates the formal admissibility of the application of whether the applicant is representative of the domestic industry within a period of 10 days, prior to which it is submitted to the National Commission for the latter to give its opinion.

   Once the conditions of admissibility are satisfied, the Under-Secretariat for Foreign Trade sends to the National Commission for Foreign Trade all elements of the application needed to determine the existence of injury. (Decree No. 2121/94, Art. 36).

   Once the formal admissibility of the application and the representative nature and legal capacity of the applicant have been established, the Under Secretariat for Foreign Trade and the National Commission must each decide on the grounds for opening the investigation within 35 days.

   Their conclusions are then submitted to the Secretary for Industry, Trade and Mining for a decision on the opening of the investigation which is decided upon within 10 days. (Id., Art. 37).

   The implementing authority has a time limit of 45 days from the date of acceptance of the application by the Under-Secretariat for Foreign Trade to decide on opening the investigation. (Id., Art. 40).

   The Secretariat for Trade, Industry and Mining of the Ministry of the Economy and Public Works and Services may in exceptional cases open the investigation ex officio when it has sufficient evidence to establish the existence of dumping or subsidization, injury and the causal relationship between the dumping or subsidization and injury. (Id., Art. 37).

   Once it has been decided to initiate an investigation, the implementing authority has a period of 10 days to publish its decision to open the investigation in the Boletin Oficial (Official Gazette).

   This notice must state the date of opening, the practice which is the subject of the investigation, the product under investigation, the country of origin or export, and any other information that the implementing authority considers appropriate. (Id., Art. 41).

Bolivia

   The MECE has 10 days in which to act upon a request to initiate an investigation.

   A preliminary view must be provided o the complaining party within this period.

   If the agency requests further information from the complaining party, that party has 20 days in which to provide it.

   The agency then has 20 days to review and evaluate the merits of the case as presented and if a positive finding results, the agency must launch a formal investigation through the issuance of a formal resolution (i.e., decision).

   The agency may initiate the procedure upon application by domestic producers or by any person accounting for a major proportion of the domestic industry, including trade and producers' associations, who consider themselves injured by imports of like products effected during the six (6) months prior to the application, or currently being effected, at dumped or subsidized prices. Bi-ministerial Decision, Art. 5.

Brazil

   The SECEX shall examine the petition initially to verify whether it has been duly filed or whether supplementary information is needed. The applicant shall be [informed] of the result of this examination within 20 days, counting from the date on which the petition was filed. (Dec. 1602/95 - Art. 19.caput, Dec. 1751/95 - Art. 26.caput). When supplementary information is requested, a new examination shall be carried out to verify whether new information is required or the petition has been duly filed. The applicant shall be informed of the result of this examination within 20 days of submission of the supplementary information. (Dec. 1602/95 - Art. 19.1, Dec. 1751/95 - Art. 26.1). After new information is submitted, where necessary, a new examination shall be conducted and the applicant shall be informed within 20 days, counting from the date of submission of this new information, whether the petition has been duly filed or whether it has been deemed definitively inadmissible. (Dec. 1602/95 - Art. 19.2, Dec. 1751/95 - Art. 26.2). The time-limits for submitting supplementary or new information shall be determined by the SECEX, depending on the nature of the information, and the applicant shall be notified thereof. (Dec. 1602/95 - Art. 19.3, Dec. 1751/95 - Art. 26.3).

   Once it is determined that the petition has been duly filed, the accuracy and adequacy of the evidence submitted in the petition shall be examined, on the basis of information from other readily available sources, to determine whether there are sufficient grounds for initiating an investigation. (Dec. 1602/95 - Art. 20.1, Dec. 1751/95 - Art. 28.1).

   The SECEX shall proceed to examine the degree to which the petition is or is not supported by the other national producers of like product, to determine whether the petition was made by or on behalf of the domestic industry. (Dec. 1602/95 - Art. 20.2, Dec. 1751/95 - Art. 28.2).

   In the case of an antidumping investigation, the governments of the countries exporting allegedly dumped products shall be informed of the existence of a duly filed petition before initiation of the investigation. (Dec. 1602/95 - Art. 23). In the case of an investigation into subsidies and countervailing measures, the governments of the exporting countries whose products could be investigated shall be invited to hold consultations before reaching a determination as to whether an investigation should be initiated, so that they may explain the situation and find a mutually satisfactory solution. (Dec. 1751/95 - Art. 27).

   The petition shall be denied if:

         a) there is not sufficient evidence of dumping or subsidies and injury, or a causal link between the two;

         b) the petition was not filed by or on behalf of the domestic industry;

         c) the domestic producers, who expressly support the petition, account for less than 25% of total production of like product by the domestic industry. (Dec. 1602/95 - Art. 21.1, Dec. 1751/95 - Art. 30.1).

   The applicant shall be informed of the affirmative or negative determination regarding the initiation of an investigation within 30 days (in the case of an antidumping investigation) or 50 days (in the case of an investigation into countervailing duties), counting from the date on which notification of the duly filed petition was sent. (Dec. 1602/95 - Art. 21.caput, Dec. 1751/95 - Art. 30.caput).

   In the event of an affirmative determination, the investigation shall be initiated and said determination published in the Diário Oficial da União.

   In the case of an investigation into dumping, the interested parties, including the governments of the exporting countries involved, shall be notified of the initiation of the investigation. In the case of an investigation into subsidies, the interested parties and governments shall be notified of initiation. (Dec. 1602/95 - Art. 21.2, Dec. 1751/95 - Art. 30.2).

   In exceptional circumstances, the Federal Government may ex-officio initiate an investigation, provided that there is sufficient evidence of the existence of dumping or subsidies and injury or a causal link between the two, justifying initiation of an investigation. (Dec. 1602/95 - Art. 24, Dec. 1751/95 - Art. 33).

Canada

   The Special Import Measures Act (SIMA) Subsection 31(1) provides that the Deputy Minister of National Revenue may, on his own initiative or within 30 days after giving written notice of a properly documented complaint, initiate an investigation if there is evidence that goods have been dumped or subsidized and there is a reasonable indication of injury, retardation, or threat of injury.

Chile

   Investigations to determine the existence, degree and impact of alleged dumping or subsidies are initiated upon submission of a written petition by the domestic industry or on its behalf.

   Under special circumstances, the Commission may decide to initiate an investigation without having received a written petition submitted by the domestic industry or on its behalf. In this case, it shall proceed only if it has sufficient evidence of dumping, of injury and of a causal relationship between them, to justify initiation of an investigation. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   When it is ordered that an investigation be initiated into products originating in countries with which Colombia has not acquired any trade commitments entailing the imposition of antidumping duties, INCOMEX, pursuant to the provisions of Article 23 of this decree, may impose provisional duties at any time, including in the order initiating the investigation.

   In this case, the questionnaires from INCOMEX shall be forwarded after the imposition of provisional duties. Once the investigation is initiated, INCOMEX shall make the non-confidential documents available to all interested parties, including the foreign producers, the authorities of the exporting country, and any known exporters.

Costa Rica

   [...] an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry.

   If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link [...] to justify the initiation of an investigation.

   Article 11 of Costa Rica's Decree 24868 stipulates the following:

   If the review to which Article 7 (of the Decree) refers is that sufficient evidence exists to justify initiation of an investigation, the investigating authority shall issue a resolution whereby it institutes the respective proceeding.

   That resolution must contain at least the following information:

         a) The name of the investigating authority that institutes the proceeding, as well as the date and place of the issuance of the resolution;

         b) A notation indicating that the application and accompanying documents are accepted;

         c) The corporate name or address and domicile of the domestic producer or producers of the like product;

         d) The country or countries of origin of the products that are allegedly the subject of the unfair trade practices;

         e) The motivation and basis of the resolution;

         f) A full description of the product that has been imported or is being imported under allegedly unfair trade practices;

         g) A description of the domestic like product identical to or significantly resembling the product imported under allegedly unfair trade practices;

         h) The deadline given the respondents and, where appropriate, to the foreign government or governments named to provide whatever evidence they deem appropriate and the place where they can file their allegations;

         i) The persons of whom pertinent information must be requested on the form that the investigating authority shall supply.

   The interested parties shall be notified of this resolution within ten days of its issuance and shall have thirty days as of the date following notification to lodge their objection.

   Article 13 of the Decree adds the following: The investigating authority shall notify the government of the country of origin or of export of the product being investigated that a request to initiate an investigation into unfair trade practices has been filed.

   This notification is to be made before the investigation is instituted.

Dominican Republic

Ecuador

   The application shall be accepted and a dumping or subsidies investigation shall be initiated, provided:

         
• It is established that the application is submitted on behalf of a major proportion of the domestic industry;
           
• the information, documents and the study submitted are sufficient to presume or to determine the existence of an unfair practice, injury to the domestic industry and the causal relationship between the unfair practice and the injury.

   The MICIP Under-Secretary for Foreign Trade and Integration shall declare that it is appropriate to initiate a dumping or subsidization investigation, in a resolution that indicates the de facto and de jure reasons for the decision. An investigation shall not be initiated in cases where the volume of dumped or subsidized imports is negligible, or where the margin of dumping or global level of subsidization is de minimis or where the injury caused by the imports in question is negligible. For such purposes, the criteria set out in Article 36 [sic] of this Resolution shall apply.

   Where it is not appropriate to initiate an investigation, this shall be so stated in a reasoned resolution, which shall be notified to the applicant within five (5) working days following the date of issue.

   The permissible legal remedies against such a resolution shall apply. When the application is accepted, in the course of the investigation into dumping or subsidization practices the investigating authority shall hold consultations with the parties concerned, namely, the government authorities and the exporters of the exporting country, and the importers and domestic producers of the product in question, in order to find a mutually agreed solution.

   Where, in the process of the consultations a mutually agreed solution is reached between the parties, the initiation of an investigation shall be declared inappropriate or the investigation shall be suspended.

   If, after one month from the commencement of the consultations no mutually agreed solution has been reached, the investigation shall be continued. Notwithstanding the provisions of this Article, the Ministry of Foreign Trade may arrange consultations throughout the period of the investigation, but this shall not suspend or prevent continuation of the investigation. When the investigation is initiated, the investigating authority shall prepare a file containing all the information pertaining to the case.

   The file shall include a separate section containing information of a confidential nature.

El Salvador

   If the review mentioned in Article 7 preceding leads to enough evidence to justify opening the investigation, the Investigating Authority shall issue a resolution initiating the corresponding investigative procedure.

   The resolution shall contain the following as a minimum:

         a) Identification of the Investigating Authority initiating the procedure, as well as the place and date of the decision;

         b) Indication that the petition and its accompanying documents have been accepted;

         c) Firm name and domicile of the national producer or producers of similar products;

         d) Country or countries of origin or source of the products alleged to be involved in the unfair trade practices;

         e) Reasons and grounds for the decision;

         f) Detailed description of the product that has been or is being imported under alleged unfair trade practices;

         g) Description of the national product similar to the product imported under alleged unfair trade practices;

         h) Time given to those accused and, if appropriate, to the foreign governments indicated, to provide the evidence they may deem suitable, as well as the place where they may present their pleading; and

         i) Determination of the individuals from whom the pertinent information is to be requested by means of the form the Investigating Authority is to provide.

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. (Article 11 of the Central American Regulations on Unfair Trade Practices).

Guatemala

   If the review mentioned in Article 7 preceding leads to enough evidence to justify opening the investigation, the Investigating Authority shall issue a resolution initiating the corresponding investigative procedure.

   The resolution shall contain the following as a minimum:

         a) Identification of the Investigating Authority initiating the procedure, as well as the place and date of the decision;

         b) Indication that the petition and its accompanying documents have been accepted;

         c) Firm name and domicile of the national producer or producers of similar products;

         d) Country or countries of origin or source of the products alleged to be involved in the unfair trade practices;

         e) Reasons and grounds for the decision;

         f) Detailed description of the product that has been or is being imported under alleged unfair trade practices;

         g) Description of the national product similar to the product imported under alleged unfair trade practices;

         h) Time given to those accused and, if appropriate, to the foreign governments indicated, to provide the evidence they may deem suitable, as well as the place where they may present their pleading; and

         i) Determination of the individuals from whom the pertinent information is to be requested by means of the form the Investigating Authority is to provide.

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object.

Honduras

   If the review mentioned in Article 7 preceding leads to enough evidence to justify opening the investigation, the Investigating Authority shall issue a resolution initiating the corresponding investigative procedure.

   The resolution shall contain the following as a minimum:

         a) Identification of the Investigating Authority initiating the procedure, as well as the place and date of the decision;

         b) Indication that the petition and its accompanying documents have been accepted;

         c) Firm name and domicile of the national producer or producers of similar products;

         d) Country or countries of origin or source of the products alleged to be involved in the unfair trade practices;

         e) Reasons and grounds for the decision;

         f) Detailed description of the product that has been or is being imported under alleged unfair trade practices;

         g) Description of the national product similar to the product imported under alleged unfair trade practices;

         h) Time given to those accused and, if appropriate, to the foreign governments indicated, to provide the evidence they may deem suitable, as well as the place where they may present their pleading; and

         i) Determination of the individuals from whom the pertinent information is to be requested by means of the form the Investigating Authority is to provide.

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object.

Jamaica

   Where the Commission decides to proceed with an investigation in respect of the dumping or subsidizing of goods

         (a) the Commission shall give notice of that decision to

               (i) the Minister; and

               (ii) the exporter, the importer, the government of the country of export, the complainant (if any), and such other person as may be prescribed; and

         (b) a copy of the notice shall be published in the Gazette and in a daily newspaper circulating in Jamaica.

A notice given under subsection (1) shall

         (a) specify the goods being investigated;

         (b) specify the country or countries in which the goods originated or from which they are exported;

         (c) give a summary of the information received;

         (d) invite representations regarding the investigation to be made to the Commission;

         (e) specify a period within which interested parties may present their views in writing to the Commission or make arrangements with the Commission to be heard, which period shall, in the case of an exporter of or the government or person giving a subsidy affecting the goods in question, be not less than thirty days from the commencement of the investigation.

Mexico

   An investigation of unfair international trade practices (and safeguard measures) shall be initiated ex officio or at the request of an interested party -- a natural and legal person producing goods identical to or like the subject merchandise. (I/49).

   Within a period of 30 days following the submission of a request for investigation, the Ministry shall reject the request if it does not fulfil the requirements set forth in the Regulations, or ask the requesting party for further information which must be provided within a maximum of 20 days following receipt of the notification that more information is needed, or accept the request and declare the initiation of the investigation. (II/52).

Nicaragua

   If the review mentioned in Article 7 preceding leads to enough evidence to justify opening the investigation, the Investigating Authority shall issue a resolution initiating the corresponding investigative procedure.

   The resolution shall contain the following as a minimum:

         a) Identification of the Investigating Authority initiating the procedure, as well as the place and date of the decision;

         b) Indication that the petition and its accompanying documents have been accepted;

         c) Firm name and domicile of the national producer or producers of similar products;

         d) Country or countries of origin or source of the products alleged to be involved in the unfair trade practices;

         e) Reasons and grounds for the decision;

         f) Detailed description of the product that has been or is being imported under alleged unfair trade practices;

         g) Description of the national product similar to the product imported under alleged unfair trade practices;

         h) Time given to those accused and, if appropriate, to the foreign governments indicated, to provide the evidence they may deem suitable, as well as the place where they may present their pleading; and

         i) Determination of the individuals from whom the pertinent information is to be requested by means of the form the Investigating Authority is to provide.

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object.

Panama

   Proceedings are initiated by an affected party or, exceptionally, by the Commission itself when it has sufficient evidence of unfair trade practices, injury and causal nexus to justify an investigation.

   The initiation of an investigation on subsidies or dumping shall not prevent the completion of customs processing nor the granting of import visas by any other public agency.

   Proceedings shall be initiated ex oficio at every stage of the process, in accordance with the principles, inter alia, of due speed, efficiency, public disclosure, impartiality, and absence of formalism. The parties eligible to initiate proceedings are as follows.

         1. The national industry or production sector injured by the imports of products under investigation for unfair trade practices;

         2. Associations of producers considering themselves to be affected or threatened by imports characterized by unfair trade practices;

         3. The Commission.

   The request to initiate proceedings is considered to have been filed by the domestic industry or production sector, or on its behalf, when it is endorsed by domestic producers expressing support or opposition to the request, whose total production accounts for fifty percent (50%) or more of the total national industry or production of identical or similar products.

   The above notwithstanding, the investigation will be initiated when the domestic industry or production sector expressly endorsing the complaint represents twenty-five percent (25%) or more of total production of the identical or similar product produced by the domestic industry or production sector.

   The Tribunal or the Commission when so requested by the Tribunal, shall determine the degree to which the conditions indicated in the preceding paragraphs have been met by the use of statistical techniques.

   In the case of fragmented production sectors, composed of an excessively high number of producers, statistical sampling techniques may be used. (Articles 146, 147, 148 & 149).

Paraguay

   Except as provided for in paragraph 8.5 of this Article, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application to the Ministry of Industry and Commerce by or on behalf of the domestic industry.

   The domestic producers who represent the main part of the domestic industry deemed injured by dumped or subsidized imports of like products may apply to the Ministry of Industry and Commerce to request an investigation be initiated.

   An application shall be submitted according to the prerequisites established in the Guides prepared by the Ministry of Industry and Commerce and approved by the Commission, and shall contain the documentation required in such Guides and in the questionnaire that will be made available for this purpose. The application shall include evidence of

         (a) dumping,

         (b) injury, and

         (c) a causal link between the dumped and subsidized imports and the alleged injury.

   If in special circumstances the Ministry of Industry and Commerce decides to initiate an investigation without having received a written application by or on behalf of the domestic industry for the initiation of such investigation, it shall proceed only if it has sufficient evidence of dumping, injury, and a causal link, as described in paragraphs 8.3 and 8.4 of this Decree, to justify the initiation of an investigation.

   When an application is made to initiate an investigation the purpose of which is to look into imports from any of the member countries of MERCOSUR, and after verification that the application meets the requirements established in this Decree, and that it is duly justified, the Government shall give notice to the exporting country, facilitating the mutual cognizance of the facts and consultations aimed at achieving a mutually satisfactory solution of the matter.

   When, in exceptional circumstances, it is decided to initiate an investigation without having received a written application submitted by the domestic industry or producers, the Ministry of Industry and Commerce only acts when there is sufficient evidence of dumping, of injury, or of threat to injury and of the causal nexus, as indicated in this Decree, which justifies the initiation of an investigation.

Peru

   In special circumstances, the Commission may decide to initiate an investigation ex officio, provided that it is in the national interest and in the opinion of the Commission the domestic industry affected is materially not able to submit the necessary application and there are indications of dumping or subsidies, injury and a causal relationship which justify the initiation of the investigation. The Commission may decide to initiate an investigation or apply provisional or definitive duties, pursuant to the provisions of the Subsidies Agreement.

   Within thirty (30) days from the date of submission of the application, the Commission may:

         (a) Accept the application and decide to initiate an investigation by means of a relevant decision; or

         (b) Allow the applicant fifteen (15) days in which to meet the requirements of the TUPA.

   This period shall be calculated from the day following the corresponding request and may be extended for a further 15 days. After the requirements have been met, the Commission shall have a period of fifteen (15) days in which to take a decision, which may be extended for a further fifteen (15) days. Where the necessary documents are not provided in an appropriate form within the time-limit, the Commission shall declare the application inadmissible and shall issue the corresponding decision, which shall be notified to the applicant.

         (c) Reject the application because it considers that it is unfounded, issue the corresponding decision and notify this to the applicant.

Santa Lucia

Trinidad and Tobago

   If the Authority decides to initiate an investigation, then a notice must be published in the Gazette.

   A notice of initiation must be given to the Government or Governments of the country or countries of the export of goods, the exporters and importers known by the Authority to have an interest in the subject goods, the complainant, and if necessary, the Government of the third country on behalf of whom the Minister is taking action. (Sec. 18(3) and Sec. 32).

   Before initiating an investigation into a complaint the Authority must satisfy itself that it has sufficient prima facie evidence of dumping or the giving of a subsidy, material injury or material retardation, and where applicable, a causal link between such imports and the alleged actionable injury and a causal link between such imports and the alleged actionable injury. (Sec. 18(5)).

   If the Authority decides not to initiate an investigation, then a written notice of reasons for the decision must be sent to the complainant, and in the case of subsidized goods, to the Government of the country of export. (Sec. 18(4)).

United States

   1. COMMERCE

   Upon receipt of a properly filed petition, Commerce conducts an examination of the accuracy and adequacy of the evidence provided in the petition in order to determine whether it contains the necessary information in support of petitioner's allegations.

   However, Commerce is only required to check the accuracy and adequacy of petition information based on "sources readily available".

   In addition, as a result of new standing provisions in the WTO Agreements and codified in the URAA, Commerce must determine whether the petition has been filed by or on behalf of the domestic industry producing a like product.

   If the petition does not establish on its face the support of those U.S. producers accounting for at least 50 percent of total U.S. production, Commerce must determine industry standing on the basis of polling or some other method.

   Under such circumstances, the Commerce Department may extend the period for initiating the investigation by 20 days. (See also discussion under "Standing" above).

   Once Commerce has determined the requisite industry support for the petition exists at the time of initiation of the investigation, the U.S. statute precludes any reconsideration of that determination.

   Within 20 days of receipt of the petition (or 40 days if polling is required), Commerce must publish in the Federal Register either a notice of "Dismissal of Antidumping/Countervailing Duty Investigation Petition" or a notice of "Initiation of Antidumping/Countervailing Duty Investigation".

   The latter notice signals the initiation of a formal investigation by the Commerce Department.

   2. ITC

   Upon receipt of a petition, the ITC must publish a notice of "Institution and Scheduling of Preliminary Phase Investigation" in the Federal Register.

   The ITC is not required to publish this notice within any specified deadline; however, the notice of institution will typically be published within a week of the date of the petition filing.

Uruguay

   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.

Venezuela

   Within five working days following receipt of an application, the Technical Secretariat of the Commission shall consider the documentation submitted in order to determine whether the application meets the requirements of [Article 39 of the 1992 Law).

   If so, it shall transmit the file to the Commission immediately.

   Otherwise, within the following three working days it shall inform the applicant in writing of any omissions or shortcomings and shall give the applicant 15 working days to rectify such omissions or shortcomings.

   The Technical Secretariat shall determine the sufficiency of the new information within three working days following submission and shall notify the applicant immediately.

   If the applicant does not provide the additional documentation required, the application shall not proceed. (1992 Law, Art. 40).

   If the Technical Secretariat considers that the application meets the requirements, it shall transmit the file to the Commission immediately.

   Within 10 working days following receipt of the file, the Commission shall decide whether to initiate an investigation.

   If it decides not to initiate an investigation, it shall give sufficient grounds for its decision and shall communicate it to the applicant immediately. (1992 Law, Art. 41).

   The Commission shall order initiation through a decision which specifies the good, the importers and exporters concerned, the country of origin or of export, as well as a summary of the other data referred to in Article 30.

   The decision to initiate "shall be notified to the applicant, and to the importers of the allegedly dumped or subsidized goods. In addition, an announcement containing an extract from the said decision shall be published in two (2) newspapers with broad national circulation to be indicated by the Technical Secretariat for this purpose. The announcement shall state the time-limit for the presentation of arguments and evidence laid down in Article 45 of [the 1992 Law]". (1992 Law, Art. 42).

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