5. Review of Antidumping and Countervailing Duty Determinations
   
   
   3. Sunset Review
      
      
      WTO Standard: ... any anti-dumping or countervailing duty shall be terminated on a date not later than five years from its imposition (or from the date of the most recent review [...] if that review has covered both dumping or subsidization and injury [...] unless the authorities determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence of dumping or subsidization and injury. (footnote omitted). The duty may remain in force pending the outcome of such a review. (AD Agreement, Art. 11.3; SCM Agreement, Art. 21.3)

      Any such review shall be carried out expeditiously and shall normally be concluded within 12 months of the date of initiation of the review. (AD Agreement, Art. 11.4; SCM Agreement, Art. 21.4)

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 directly applies the standards of the WTO Agreements.

Bolivia

   The duration of countervailing or antidumping duties shall be two (2) years, which may be extended if the causes which gave rise to the duty persist and provided that there is a prior request by the interested parties.

   In dealing with the request for extension, the MECE shall entrust the Technical Secretariat with the following examinations:

         1. After the first two (2) years, there shall be a further examination of the margin of dumping or the amount of the subsidy. Depending on the findings of this new investigation, the amount of the antidumping or countervailing duty may be modified according to the provisions of these regulations.

   Such an evaluation shall be carried out again, upon request, after a further two (2) years;

         2. after give (5) years, there shall be a new evaluation of the injury or threat of injury and the margin of dumping or the amount of the subsidy, as well as of the causal relationship between them.

   If no request is made by the interested parties, the definitive duties shall lapse. Bi-ministerial Decision, Art. 43.

Brazil

   Generally, antidumping and countervailing duty orders shall terminate after 5 years. Art. 57; Art. 66.

   However, that period may be extended after a review. Such a review may be initiated by a properly supported petition filed by the domestic industry or on its behalf (or on the initiative of the Administração Pública Federal or SECEX) which demonstrates that the extinction of the duties would be very likely to lead to the continuation or recurrence of the dumping (subsidization) and the consequent injury. Art. 57-1; Art. 67.

   The petition must be filed five months prior to the termination of the order. Art. 57-2; Art. 67-1. In antidumping cases, the interested parties must request a hearing at that time if a hearing is desired. Art. 57-2.

   The review must be completed within 12 months. Notices of the initiation and completion of the investigation shall be published in the Diário Oficial da União and the interested parties notified. Art. 57-3; Art. 67-2.

   These provisions apply to price undertaking and commitments as well as Art. 57-5; Art. 67-3.

   The existing duties, undertakings, or commitments shall remain in force during the review. Art. 57-4; Art. 67-3.

Canada

   Special Import Measures Act (SIMA) subsection 76.(5) specifies that where the Tribunal has not initiated a review with respect to an order or finding before the expiration of five years,

         (a) the day on which the order or finding was made if no order continuing the order or finding has been made, or

         (b) the day on which the last such order was made if one or more orders continuing the order or finding have been made, the order or finding shall be deemed to have been rescinded as of the expiration of the five years.

   In determining whether an order or finding should be continued, the Tribunal must be satisfied that:

         1. there is a likelihood of a continuation/recurrence of dumping and/or subsidizing from the subject countries if the order/finding is rescinded; and

         2. the continuation/recurrence of dumping and/or subsidizing is likely to cause or continue to cause injury to the domestic industry.

   With respect to the issue of the likelihood of a continuation/recurrence of dumping and/or subsidizing, the Tribunal would consider such factors as, demonstrated propensity to dump, product pricing trends relative to other relevant economic indicators, and relevant data from Revenue Canada including the results of the most recent administrative review.

   In examining the issue of injury, the Tribunal would consider the volume, price effect, and industry impact factors set out in the WTO Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures, as well as changes to domestic industry and the domestic market.

Chile

   Chilean legislation does not provide for this type of review, since antidumping and countervailing duties apply for a maximum period of one year. (Art 10, Law 18,525).

Colombia

   Notwithstanding the provisions of Article 60 and 61 of this decree, all final antidumping duties shall be eliminated no later than five years counted from the date of their imposition, or from the date of the last review, if it had encompassed both dumping and the injury, or from the last examination to which this article refers, unless, pursuant to an examination initiated prior to that date on its own initiative or upon petition, duly founded, by or on behalf of the branch of domestic production, with a prudential period prior to that date, it is determined that the elimination of the antidumping duty imposed would make possible the continuation or recurrence of the injury and the dumping sought to be corrected.

   The examination may be initiated on its own initiative no later than two months prior to the fifth year, counted as provided for in the previous paragraph, or at the request of the branch of domestic production, in which case the petition should be submitted at least four months prior to the expiration of the fifth year. The final antidumping duties shall continue to be applied until the results of the examination are obtained. If it is concluded as a result of the review that it is not necessary to maintain the undertakings acquired by the expression of intent, the Ministry of Foreign Trade shall order their termination, by order, as well as the termination of the investigation, if it is suspended. In addition to those described in Article 65 of this decree, these requests must meet at least the following requirements:

         1. Showing that the petition is submitted by the branch of domestic production or on its behalf.

         2. Precise indication of the antidumping duty sought to be reviewed.

         3. Accounting and financial information regarding the production, sales, inventories, prices, and profits, and information on installed capacity and employment. This information should be submitted pursuant to the legislation in force and it should be signed by a public accountant or the statutory auditor of the company.

         4. Description of the demand for and sales of the domestic product like the product to which the antidumping duty is being applied, dating back to the imposition of the duty sought to be revised.

   The order that mandates the elimination or modification of a final antidumping duty shall state whether such duties should be refunded by the Bureau of National Taxes and Customs (DIAN), and shall forward its decision to that entity so that it may act accordingly. In the examinations and reviews performed pursuant to the provisions of Chapter IX of this decree, INCOMEX shall determine whether there is a likelihood that eliminating a duty imposed or terminating an acceptance of an expression of intent will provoke the continuation or recurrence of a significant injury within a foreseeable period. In so doing, it shall consider the real or potential volume of imports, their effects on prices and possible effects of the imports of the product subject to the final duty or of the acceptance of expressions of intent on the branch of domestic production if the final duty imposed or the expression of intent accepted were revoked.

   INCOMEX shall take into consideration the following factors, among others:

         
• The previous determinations on the existence of injury, including the volume, effect on prices, and repercussions of the imports of the product on the branch of domestic production.
           
• The improvements that have resulted, from the duty imposed or from the expressions of intent, in the conditions of the branch of domestic production and,
           
• Whether the branch of domestic production is susceptible to significant injury if the duty imposed were eliminated or are expressions of intent terminated.

   In gauging the likely volume of imports of the product subject to the final duty or the acceptance of expressions of intent, if the final duty is eliminated or the expressions of intent terminated, INCOMEX shall examine whether the likely volume of dumped imports would be significant if the duty imposed is eliminated or the expression of intent terminated, either in absolute terms or in relation to production or consumption in Colombia.

   In its analysis, INCOMEX may take account of all relevant economic factors, including the following:

         
• Any likely increase in production capacity or existing unused production capacity in the exporting country.
           
• Current stocks of the product in the exporting country subject to antidumping duties or an expression of intent, as well as their likely increases and,
           
• A list of obstacles to importing the product subject to antidumping duties or an expression of intent into countries other than Colombia.

   Upon evaluating the likely effects on the prices of imports of the product on which the final duty is imposed or the expression of intent is made, if either of these is revoked, INCOMEX shall taken account of the likelihood that the imports of that product will enter Colombia at prices that would provoke a drop in or exercise significant downward pressure on the prices of like domestic products.

   On evaluating the possible effects on the branch of domestic production of imports of the product on which the final duty is imposed or that is the subject of the acceptance of the expressions of intent if the final duty is eliminated or if the acceptance of the expression of intent is terminated, INCOMEX shall take into account all relevant economic factors that may impact on conditions in the branch of domestic production in Colombia, including, among others, the following:

         
• The likely declines in production, sales, market share, benefits, productivity, profits, and use of capacity.
           
• The likely negative effects on efforts to develop and further production in the branch of domestic production, including efforts to develop a derived or more advanced version of the like domestic product.
           
• INCOMEX shall evaluate all relevant economic factors described in this article in the context of the business cycle and the conditions of competition characteristic of the branch of production in question.
           
• The presence or absence of any of the factors that INCOMEX should take into account for the purpose of issuing its opinion on the possibility that the significant injury may continue or recur within a foreseeable time period, if the final duty is eliminated or the acceptance of the expressions of intent are considered terminated, do not require it to reach a positive determination as to the existence of such a possibility.

   On making such a determination, INCOMEX may take into account that the effects of eliminating the duty imposed or terminating the acceptance of the expressions of intent may not be imminent, but that they will only become apparent over a more prolonged period. In the reviews and examinations provided for in this decree, INCOMEX may evaluate cumulatively the volume and effect of the imports of the product subject to the final duty or of the acceptance of the expressions of intent from all those countries for which examinations or reviews are initiated, so long as they are in the same procedural stage, if there is any possibility that such imports would compete with one another and with the like domestic products in the Colombian market. Nonetheless, INCOMEX may not effectuate the cumulative evaluation described in the previous paragraph when it determines that it is likely that such imports will not have considerable negative effects on the branch of domestic production.

   On undertaking an examination pursuant to the provisions in this decree, INCOMEX shall determine whether there is any possibility that eliminating the duty imposed or terminating the acceptance of an expression of intent will provoke the continuation or recurrence of sales of the product in question at below its normal value.

   For such purposes, INCOMEX shall take into account:

         
• The weighted average of the margins of dumping determined in the investigation and in the later examinations, if any, and
           
• The volume of imports of the product for the previous period and the period after the imposition of antidumping duties or the acceptance of the expressions of intent.

   In addition to the factors indicated in this decree, if there are well-founded motives for doing so, INCOMEX shall also take into account other factors such as the prices, costs, markets, or other economic facts it deems relevant, if any. Margins of dumping that are de minimis shall not constitute, per se, sufficient grounds for INCOMEX to determine that there is not a likelihood that eliminating a final duty or terminating an acceptance of an expression of intent will provoke the continuation or recurrence of the sales at below their normal value.

Costa Rica

   [...] any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition (or from the date of the most recent review [...] if that review has covered both dumping and injury, or under this paragraph), unless the authorities determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and injury (the endnote is omitted).

   The duty may remain in force pending the outcome of such a review. [...] Any such review shall be carried out expeditiously and shall normally be concluded within twelve months of the date of initiation of the view.

Dominican Republic

Ecuador

   An anti-dumping or countervailing duty shall be automatically eliminated five (5) years after its imposition, unless the reasons for imposing it still exist. The customs shall apply the duties in accordance with the resolution imposing them, taking into account the provisions relating to the collection and the procedures applicable to the levying of customs duties. In any event, an anti-dumping or countervailing duty shall remain in force only as long as and to the extent necessary to counteract the dumping or subsidy which is causing injury.

El Salvador

   All final antidumping and countervailing duty measures must be reviewed in a period of five years from the date of the imposition of the preliminary determination and/or final determination.

   In exceptional circumstances, the measures can be extended without such a review if necessary to maintain the conditions that the measures were originally intended to protect. Article 36 of the Central American Regulations on Unfair Practices.

Guatemala

   All final antidumping and countervailing duty measures must be reviewed in a period of five years from the date of the imposition of the preliminary determination and/or final determination.

   In exceptional circumstances, the measures can be extended without such a review if necessary to maintain the conditions that the measures were originally intended to protect.

Honduras

   All final antidumping and countervailing duty measures must be reviewed in a period of five years from the date of the imposition of the preliminary determination and/or final determination.

   In exceptional circumstances, the measures can be extended without such a review if necessary to maintain the conditions that the measures were originally intended to protect.

Jamaica

Mexico

   In the event that over a five-year period as from its entry into force none of the parties concerned requests review of a final duty, and the Secretariat does not do so officially, in accordance with Article 70 of the Law, the final countervailing duty is lifted.

   To enforce the provisions of this article, the party concerned with elimination of the duty must appear before the Secretariat to ask it to make the corresponding declaration, or the Secretariat itself must do so officially.

   In both cases the Secretariat notifies the parties that five years have elapsed and the corresponding declaration is published in the Official Daily Gazette of the Federation under the terms of Article 109 of the Regulations.

Nicaragua

   All final antidumping and countervailing duty measures must be reviewed in a period of five years from the date of the imposition of the preliminary determination and/or final determination.

   In exceptional circumstances, the measures can be extended without such a review if necessary to maintain the conditions that the measures were originally intended to protect.

Panama

Paraguay

Peru

Santa Lucia

Trinidad and Tobago

United States

   After five years, AD and CVD orders must be terminated unless Commerce and the ITC determine that the expiration of the order would be likely to lead to the continuation or recurrence of dumping or subsidization and injury.

   Commerce will publish a notice of initiation of a sunset review no later than thirty days before the fifth anniversary of the order.

   A party interested in maintaining the order must respond to the notice with adequate information concerning the likely effects of revocation.

   Commerce must complete its investigation within 240 days of the initiation date, and the ITC within 360 days from the initiation date.

   In AD reviews, Commerce is to make its determination by considering the weighted average dumping margins in the investigation and subsequent reviews, the volume of imports of the subject merchandise for the period before and after the issuance of the AD order, and if good cause is shown, other economic factors including price, cost, market share, exchange rates, and production capacity.

   Commerce is to provide the ITC with the magnitude of the margin of dumping that is likely to prevail if the order is revoked.

   In CVD reviews, Commerce is to consider the net countervailable subsidy determined in the investigation and subsequent reviews, whether the relevant subsidy programs have been continued, modified, or eliminated, and, if good cause is shown, any allegations of new countervailable subsidies.

   The ITC is to make its injury determination by considering such factors as the likely volume, price effect, and impact of the subject imports on the industry if the order is revoked.

Uruguay

   Any definitive anti-dumping duty shall be terminated within a maximum of five years from its imposition or from the date of the order for it to be reviewed, provided that the review included an analysis of dumping and injury.

   The period specified in the preceding Article may be extended de officio or upon a duly substantiated request made by or on behalf of the domestic industry if it is concluded that the expiry of the duty will lead to continuation or recurrence of dumping and injury. To this end, the domestic industry may submit a written request for the extension of the resolution imposing the anti-dumping duties no later than five months before it expires.

Venezuela

   Antidumping and Countervailing laws and committments will expire after five years from the date of entry into force or were last modified, unless it is considered that the expiration date of the antidumping or countervailing laws and committments would lead to a new injury or a threat of injury. (1992 law, Art. 57).

Continue to Changed Circumstances Review