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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Review of Antidumping and Countervailing Duty Determinations

    1. New Shipper Reviews


      a. Antidumping

      WTO Standard: If a product is subject to anti-dumping duties in an importing Member, the authorities shall promptly carry out a review for the purpose of determining individual margins of dumping for any exporters or producers in the exporting country in question who have not exported the product to the importing Member during the period of investigation, provided that these exporters or producers can show that they are not related to any of the exporters or producers in the exporting country who are subject to the anti-dumping duties on the product. Such a review shall be initiated and carried out on an accelerated basis, compared to normal duty assessment and review proceedings in the importing Member. 

      No anti-dumping duties shall be levied on imports from such importers or producers which the review is being carried out. The authorities may, however, withhold appraisement and/or request guarantees to ensure that, should such a review result in a determination of dumping in respect of such producers or exporters, anti-dumping duties can be levied retroactively to the date of the initiation of the review. (AD Agreement, Art. 9.5)

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

   Argentina directly applies the standards of the WTO Agreements.

Bolivia

Brazil

   When a product is subject to antidumping duties, a summary review shall be immediately performed, where requested, to quickly determine the individual dumping margins for any exporters or producers from the exporting country in question, who did not export the product to Brazil during the period covered by the investigation, provided that said exporters or producers can show that they have no relationship with the exporters or producers in the exporting country subject to the antidumping duties applicable to their product. (Dec. 1602/95 - Art. 59.caput).

   Antidumping duties shall not be collected on imports originating from the exporters or producers referred to above, during the conduct of the summary review. (Dec. 1602/95 - Art. 59.1).

Canada

   Authority for expedited reviews is provided for in section 13.2 of the Special Import Measures Act (SIMA). This section provides for an expedited review of normal values, export prices and amounts of subsidy for a qualified exporter not previously investigated by Revenue Canada.

   For any goods released during the period beginning on the day the expedited review is initiated and ending on the day the review is initiated and ending on the day the review is completed, the importer is required, on demand by the Deputy Minister of National Revenue (DM), to post security equal to the margin of dumping or amount of subsidy.

   At the conclusion of the review, the specific normal values or amounts of subsidy determined during the review are applied retroactively to the subject goods released during the period of review.

   Security posted to cover any SIMA duties during the review will be returned if it is found that the duties are not applicable or because the duties owed at the conclusion of the review have been paid by the importer.

   The DM will refund any difference between amounts paid/posted and actual duties owing.

Chile

   There is no provision in current Chilean law providing for expedited reviews for new shippers.

   This issue is under consideration for possible new legislation.

Colombia

   INCOMEX, at the request of an exporter or producer of the product dumped, may initiate a review procedure to determine the individual margins of dumping.

   For the purposes provided for in the previous paragraph, the exporter or producer of the product on which antidumping duties were imposed must submit a request accompanied by documentation showing that:

         1. The exporter or producer did not export the product on which antidumping duties were imposed during the period of the investigation, and

         2. The exporter or producer is not related to any other exporter or producer of the country exporting the product on which antidumping duties were imposed in Colombia.

         3. INCOMEX shall proceed to undertake an examination in order to determine an individual weighted average of the margin of dumping for that exporter or producer.

         4. The procedure applicable to such examinations shall be that established in this chapter, but the time period shall be reduced to one-fourth.

   While the examination discussed in this article is under way, the Ministry of Foreign Trade shall suspend the imposition of antidumping duties on the exports of those producers or exporters.

   Nonetheless, the imports since the beginning of the procedure may be subject to security interests while it is determined whether final antidumping duties will be imposed on the exports of those producers or exporters, and their individual margins of dumping.

   If it is decided they will be imposed, the antidumping duties may also be set retroactively, from the date the review procedure is initiated.

Costa Rica

   a. Anti-dumping If a product is subject to anti-dumping duties in an importing Member, the authorities shall promptly carry out a review for the purpose of determining individual margins of dumping for any exporters or producers in the exporting country in question who have not exported the product to the importing Member during the period of investigation provided that these exporters or producers can show that they are not related to any of the exporters or producers in the exporting country who are subject to the anti-dumping duties on the product.

   Such a review shall be initiated and carried out on an accelerated basis, compared to normal duty assessment and review proceedings in the importing country.

   No anti-dumping duties shall be levied on imports from such exporters or producers while the review is being carried out.

   The authorities may, however, withhold appraisement and/or request guarantees to ensure that, should such a review result in a determination of dumping in respect of such producers or exporters, anti-dumping duties can be levied retroactively to the date of the initiation of the review.

Dominican Republic

Ecuador

El Salvador

   There is no specific provision but El Salvador applies the rules in accordance with the WTO Antidumping Agreement.

Guatemala

Honduras

Jamaica

Mexico

   Neither the Law nor its Regulations contain provisions related to reviews for new exporters.

   Nevertheless, the provisions of Article 9.5 of the Antidumping Code of the 1994 GATT must be observed.

Nicaragua

Panama

Paraguay

   When anti-dumping duties are imposed the Ministry of Industry and Commerce shall undertake a review to determine the individual margins of dumping of exporters or producers from the exporter country in question who have not exported that product to Paraguay during the period under investigation, on condition that said exporters and producers may make a showing that they are not related to any of the exporters or producers of the exporter country that are subject to anti-dumping duties on the product.

Peru

Santa Lucia

Trinidad and Tobago

United States

   Commerce will initiate an expedited administrative review of new shippers, if requested.

   New shippers are defined as exporters or producers who demonstrate that they did not export the merchandise covered by an AD order to the United States during the original period of investigation and that they are not affiliated with a producer or exporter who did export the merchandise to the United States during the original period of investigation, including those producers or exporters not examined during the original investigation.

   Commerce will initiate new shipper reviews twice each year -- once at the end of the month following the 6-month anniversary date of the order, and once at the end of the month of the anniversary date of the order, whichever is earlier.

   For example, if the anniversary month of the order is January, and the new shipper submits a request for review in March, Commerce would initiate the review at the end of July rather than at the end of the following January.

Uruguay

Venezuela

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