4. Steps of the Investigation
   
   
   3. Issuance of Questionnaire
      
      
      WTO Standard: All interested parties in an investigation shall be given notice of the information which the authorities require the ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question. (AD Agreement, Art. 6.1; SCM Agreement, Art. 12.1)

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

   In general, the cited standards of the WTO are applied. Article 17 of Decree 766/94 and article 42 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.

         1. Injury The Commission may require any data and information that it considers relevant to complete its investigation, in which case the provisions of Article 707 of the Customs Code apply. It may also carry out investigations in other countries when circumstances so require. (Decree No. 766/94, Art. 17).

         2. AD/CVD For purposes of the conduct of the investigation, the competent implementing authority may seek any information required by sending questionnaires to all interested parties. (Decree No. 2121/94, Art. 42).

Bolivia

   Within a maximum period of five (5) calendar days from the date of the Ministerial Decision to initiate an investigation, the Technical Secretariat shall forward basic questionnaires to the exporters or domestic producers and to diplomatic or consular representatives, requesting information on the case.

   The same time-limits shall apply to the dispatch of questionnaires subsequent to the preliminary determination. Bi-ministerial Decision, Art. 11.

Brazil

   The known interested parties in an investigation into dumping shall be contacted regarding the information required and shall have every opportunity to submit, in writing, any evidence they deem relevant to the investigation in question. In the event of an investigation into subsidies, the same shall apply to the known interested parties and to the governments involved. (Dec. 1602/95 - Art. 26, Dec. 1751/95 - Art. 36).

   The interested parties, with the exception of the governments of the exporting countries, shall receive questionnaires designed to investigate the alleged dumping and shall be given 40 days within which to respond. This time-limit shall be counted from the date on which the questionnaires were sent out. In the case of an investigation into subsidies, the known interested parties and governments of the exporting countries involved shall receive questionnaires and shall be given the same 40-day response time. (Dec. 1602/95 - Art. 27.caput, Dec. 1751/95 - Art. 37.caput).

   Requests for extensions of the 40-day time-limit shall be considered and, if there is proven need, such extensions shall be authorized, where practicable, for a up to a further 30 days, taking into account the time-limits of the investigation. (Dec. 1602/95 - Art. 27.1, Dec. 1751/95 - Art. 37.1).

Canada

   The Special Import Measures Act (SIMA) subsection 34(1) requires that, on the day of initiation of an investigation, a notice of investigation is provided to all known interested parties, and is published in the official Canada Gazette.

   This notice invites interested parties to file written submissions.

   Also on the day of initiation, a request for information is sent to all known exporters and importers.

Chile

   All interested parties to an antidumping or subsidy investigation shall be given notice of the information required by the Commission, and shall have ample opportunity to submit, in writing, any evidence they consider relevant to the investigation in question. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   Within seven working days counted from the day after the publication of the order mandating that the investigation be initiating, INCOMEX should forward a copy of its decree and of the forms designed for that purpose to request information on the case from the interested parties, as indicated in the petition, to be sent to the address indicated therein, and to the diplomatic or consular representatives of the country of origin or export.

   The other interested parties shall be convened during the same period by notice published just once in a daily newspaper with large national circulation, to express their opinion, duly supported, and to provide or request the evidence they consider relevant.

Costa Rica

   All interested parties in an anti-dumping investigation shall be given notice of the information which the authorities require and ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question.

Dominican Republic

Ecuador

   The investigating authority shall prepare three types of forms to be issued to domestic producers and importers and to foreign exporters of the product under investigation, in the following order:

         (a) To domestic producers before the application is submitted or after the application has been submitted without attaching the respective forms;

         (b) to domestic importers and to foreign exporters once the application has been accepted and the resolution to initiate an investigation has been issued.

   The forms, duly completed and with the relevant documents demonstrating that the information is suitable, shall be transmitted to the investigating authority within thirty (30) days from the date of issue. The period for returning the forms may, at the request of the interested party, be extended by the investigating authority for thirty (30) days, provided there is good reason.

El Salvador

   The Investigating Authority will advise the interested parties that information should be presented which is pertinent to the investigation, with ample opportunity for providing all evidence in writing.

   After deciding to open the investigation, the Investigating Authority will provide a questionnaire to the appropriate interested parties. Article 11 CARUTP.

Guatemala

   The Investigating Authority will advise the interested parties that information should be presented which is pertinent to the investigation, with ample opportunity for providing all evidence in writing.

   After deciding to open the investigation, the Investigating Authority will provide a questionnaire to the appropriate interested parties. Article 11 CARUTP.

Honduras

   The Investigating Authority will advise the interested parties that information should be presented which is pertinent to the investigation, with ample opportunity for providing all evidence in writing.

   After deciding to open the investigation, the Investigating Authority will provide a questionnaire to the apppropriate interested parties. Article 11 CARUTP.

Jamaica

   The Commission shall give notice of the information required to all interested parties in respect of any investigation pursuant to this Act and provide sufficient opportunity to the interested parties to present in writing all the evidence which they consider relevant in respect of the investigation in question.

Mexico

   In cases of investigations at the petition of a party that meet the requirements provided for in the applicable legislation, in accordance with the first part of Article 52 of the Law, the Secretariat shall publish the corresponding decision for initiation in the Official Daily Gazette of the Federation within 30 working days after presentation of the petition or, in the event there has been an injunction by the investigating authority, within 20 working days from the date on which the petitioner has exhausted such injunction.

   "The Ministry may request the interested parties to produce evidence, information and data which it considers relevant, for which purpose the Ministry's questionnaires shall be used". (I/54).

   In addition, the Ministry "may request the producers, distributors or traders of the goods in question as well as the customs officers, agents, representatives and persons receiving the imported goods, or any other person it deems appropriate, to provide information and data which they have at their disposal". (I/55).

   "Failure to provide the Ministry with the documents and reports related to cases referred to in [this Article (I/55)] within the deadline stipulated in the relevant request" shall result in a "fine equivalent to 180 times the legal minimum wage". (I/93-IV).

Nicaragua

   The Investigating Authority will advise the interested parties that information should be presented which is pertinent to the investigation, with ample opportunity for providing all evidence in writing.

   After deciding to open the investigation, the Investigating Authority will provide a questionnaire to the appropriate interested parties. Article 11 CARUTP.

Panama

   Questionnaires, inspections, technical rulings or expert opinions may also be subpoenaed, at the expense of the interested parties, when deemed appropriate, and any measures for the purpose of verifying the alleged facts may be ordered.

   The complaint so conveyed will be accompanied by a questionnaire enumerating the points to be addressed in the response. Article 153 & 155.

Paraguay

   Within the seven working days following the date of publication of the resolution that orders that the investigation be opened, the Ministry of Industry and Commerce shall give notice to the parties of said resolution, remitting together a questionnaire and the forms designed for that purpose to request information on the case from the interested parties that are appropriate, including the authorities of the exporting country, if appropriate.

   Notice of them shall be given in the offices of the diplomatic or consular representation in Paraguay.

   If the number of exporters in question is very high, the notice shall be sent only to the Association of the exporting member or the competent trade association, as the case may be.

Peru

Santa Lucia

Trinidad and Tobago

   The Authority before initiating an investigation shall hold a preliminary hearing of all interested persons and such experts and other witnesses as it thinks fit and require any of those persons to complete a questionnaire.

   Questionnaires may also be issued after a decision is taken to initiate an investigation.

United States

   1. COMMERCE - AD INVESTIGATION

   Once an antidumping investigation is initiated, Commerce issues a questionnaire requesting from the foreign producer(s) and/or exporter (s) general information about the company, its operations and the products produced and/or sold, transaction - specific data on U.S. sales, home market (or third country, if applicable) sales, cost of production information, etc.

   Companies are required to submit their questionnaire responses in English and in accordance with certain specified formats and on computer medium.

   2. COMMERCE - CVD INVESTIGATION

   Once a CVD investigation is initiated, Commerce issues a questionnaire to the foreign producer(s) and/or exporter(s) involved in the proceeding, as well as to the national government and, if applicable, any sub-national governments in the country/countries where the producers and/or exporters are located.

   The government questionnaires seek information on the nature of the alleged subsidy programs and the amount of benefits bestowed on specific companies.

   The company questionnaires seek information on the product, the value and volume of domestic and export sales, and the total amount of benefits received under the alleged subsidy programs.

   3. ITC INVESTIGATION

   In order to obtain information for its injury investigation, the ITC issues questionnaires to U.S. producers, importers, and purchasers (purchasers do not receive questionnaires in a preliminary phase investigation).

   The ITC only issues questionnaires to foreign producers and exporters if they are represented by counsel.

   The ITC requests financial information from U.S. producers, and information from all recipients on purchasing, production, firm operations, competition, and data on imports, exports, shipments, and pricing.

Uruguay

   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.

Venezuela

   The Technical Secretariat shall send questionnaires and forms to the interested parties, who shall furnish the information requested within the time-limit laid down in the aforesaid documents.

   Failure to meet this obligation shall give rise to the [use of best information available]. (1993 Regulations, Art. 70).

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