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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Procedures for Due Process

    1. Questionnaires (Distribution, Response Time, Extensions, Supplements


      WTO Standard: Exporters or foreign producers, and in countervail proceedings, the foreign governments receiving questionnaires shall be given at least 30 days to reply. Due consideration should be given to any request for an extension of the 30-day period and, upon cause shown, such an extension should be granted whenever practicable. (AD Agreement, Art. 6.1.1; SCM Agreement, Art. 12.1.1)

      In antidumping cases, the authorities shall, as a general rule, determine an individual margin of dumping for each known exporter or producer concerned of the product under investigation. In cases where the number of exporters, producers, importers or types of products is so large as to make such a determination impracticable, the authorities may limit their examination either to a reasonable number of interested parties or products by using samples which are statistically valid on the basis of information available to the authorities at the time of the selection, or to the largest percentage of the volume of exports from the country in question which can reasonably be investigated.

      Any selection of exporters, producers, importers or types of products made under this paragraph shall be chosen in consultation with and with the consent of the exporters, producers or importers concerned.

      In cases where the authorities have limited their examination [...], they shall nevertheless determine an individual margin of dumping for any exporter or producer not initially selected who submits the necessary information in time for that information to be considered during the course of the investigation, except where the number of exporters or producers is so large that individual examinations would be unduly burdensome to the authorities and prevent the timely completion of the investigation. Voluntary responses shall not be discouraged.

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. The provisions of Decree 766/94 and 2121/94 are applied supplementarily.

         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 766/94, Art. 17).

         2. AD/CVD The competent implementing authority seeks any information required by sending questionnaires to all interested parties. (Decree No. 2121/94, Art. 42).

   The recipients of such questionnaires must reply, giving all the required information, within the time limit fixed by the implementing authority in each investigation.

   The time-limit for completing questionnaires must not be less than 30 days form the date of their receipt by the interested parties.

   Requests for extensions are granted whenever possible. (Id.).

Bolivia

   Within a maximum period of five 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.

   The communications accompanying the questionnaires shall indicate the time-limit within which the parties must return the questionnaires duly completed.

   This shall not exceed twenty (20) working days from the date of dispatch of the communication. Bi-ministerial Decision, Art. 11.

Brazil

   The interested parties (in a dumping investigation, the governments of the exporting countries would be excluded for questionnaire purposes while in a subsidy investigation, the governments would be included) will receive questionnaires and will have 40 days to respond, counting from the date they were sent. Art. 27; Art. 37.

   In cases of demonstrated need, the response period may be extended 30 days whenever practical in light of the investigatory time limits. Art. 27-1; Art. 37-1.

   Additional information may be solicited or accepted. The time-limit for submitting the information requested shall be established in accordance with the nature of said information and may be extended by means of a duly justified request. (Dec. 1602/95 - Art. 27.2, Dec. 1751/95 - Art. 37.2).

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

   The Commission issues questionnaires to foreign producers and exporters, domestic producers, and other interested parties whom the Commission deems pertinent to its investigation, depending on the type of allegations made by the domestic industry in the petition.

Colombia

   Within the following seven working days, counted from the day following the publication of the order initiating the investigation, INCOMEX shall forward the text of the request submitted by the petitioners to the foreign producers, to the exporters it is aware of, and to the authorities of the exporting country, and shall make it available to the other interested parties who so request, mindful of the rule on preserving the confidentiality of confidential information.

   In those cases in which the number of exporters in question is very high, the text of the request shall only be forwarded to the authorities of the exporting member country or the relevant business or trade association. The questionnaires and responses to them, as well as the forwarding of the request to the exporters and authorities of the exporting country, shall be governed by the respective provisions of Articles 47 and 48 of this decree.

   Notwithstanding the foregoing, the interested parties shall have two months from the date the questionnaires are sent out to return them, properly filled out, as provided by Article 47 of this decree. When there are motives so justifying, the General Bureau of INCOMEX may, by reasoned order, extend this period, only once, for up to 15 calendar days.

   This extension applies to all the interested parties who should respond to the questionnaires. Once the time periods for responding to the questionnaires have lapsed, those who have not expressed interest may not be considered interested parties in the proceeding.

   This does not keep them from submitting the information they deem relevant, which may be taken into account by INCOMEX.

   When INCOMEX deems necessary, new questionnaires shall be forwarded after the preliminary determination, within seven (7) working days after the order adopting the preliminary determination is issued.

   The interested parties must respond to the questionnaires within 45 working days, counting from the date the questionnaires are forwarded by INCOMEX.

   Responses must be accompanied by supporting evidence and documents as well as a list of evidence intended to be used.

Costa Rica

   Exporters or foreign producers receiving questionnaires used in an anti-dumping investigation shall be given at least thirty days for reply. (The endnote is omitted).

   Due consideration should be given to any request for an extension of the thirty day period and, upon cause shown, such an extension should be granted whenever practicable.

   The authorities shall, as a rule, determine an individual margin of dumping for each known exporter or producer concerned of the product under investigation.

   In cases where the number of exporters, producers, importers or types of products involved is so large as to make such a determination impracticable, the authorities may limit their examination either to a reasonable number of interested parties or products by using samples which are statistically valid on the basis of information available to the authorities at the time of the selection, or to the largest percentage of the volume of the exports from the country in question which can reasonably be investigated.

   Any selection of exporters, producers, importers or types of products made under this paragraph shall preferably be chosen in consultation with and with the consent of the exporters, producers or importers concerned.

   In cases where the authorities have limited their examination, as provided for in this paragraph, they shall nevertheless determine an individual margin of dumping for any exporter or producer not initially selected who submits the necessary information in time for that information to be considered during the course of the investigation, except where the number of exporters or producers is so large that individual examinations would be unduly burdensome to the authorities and prevent the timely completion of the investigation.

   Voluntary responses shall not be discouraged.

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. If, after a period of 45 days from the request for further information such information has not been sent in its entirety, the applicant will be deemed to have withdrawn the application, which shall be shelved.

El Salvador

   In the resolution to open an investigation, the investigating authority determines the parties from whom it must require information pertinent to the matter under investigation. (Article 11, Central American Regulations on Unfair Trade Practices).

Guatemala

   In the resolution to open an investigation, the investigating authority determines the parties from whom it must require information pertinent to the matter under investigation. (Article 11, Central American Regulation on Unfair Trading Practices).

Honduras

   In the resolution to open an investigation, the investigating authority determines the parties from whom it must require information pertinent to the matter under investigation. (Article 11, Central American Regulation on Unfair Trading Practices).

Jamaica

Mexico

   Articles 54 and 55 of the Law indicate that notification of the decision on initiation (mentioned in the preceding item) shall be accompanied by questionnaires requesting of the parties concerned the evidence, information and data the investigating authority considers necessary for its investigation.

   Article 164 of the Regulations provides that the parties concerned who receive a questionnaire have 30 working days after publication of the decision for initiation in the Official Daily Gazette of the Federation to prepare their defense and present the information requested. (The period provided for by the Law, as indicated, is expressed in working days, in accordance with the provisions of its Article 30, while the periods under the Agreements are expressed in calendar days. Thus, despite the apparent contradiction between the two sequences, the periods provided for by the Law are in fact longer than those under the Agreements, and therefore there is no inconsistency).

   In this regard it is useful to stress that, as indicated in Articles 6.1.1 of the Antidumping Agreement and 12.1.1 of the Agreement on Subsidies, these periods may be extended if, in the opinion of the investigating authority, there are enough facts for its justification.

   Nevertheless, in accordance with Articles 54 of the Law and 171 of its Regulations, notwithstanding the foregoing, the investigating authority may accept or request the information, evidence and data after the periods referred to in the preceding paragraph have elapsed, provided that it so deems necessary and that it is necessary for better knowledge of the truth.

Nicaragua

   In the resolution to open an investigation, the investigating authority determines the parties from whom it must require information pertinent to the matter under investigation. (Article 11, Central American Regulation on Unfair Trading Practices).

Panama

Paraguay

   In the notice referred to in this Article the parties will be given a term of 40 calendar days counted from the date of receipt of the notice and the questionnaire, to answer the questionnaire and the forms and to submit their proof and evidence, under reserve that if it is not done in the time period granted, the Ministry of Industry and Commerce may make a decision based on the best available information.

   In special circumstances, if there is a duly justified application from the interested persons and when in the view of the Ministry of Industry and Commerce there are sufficient reasons that so justify, the 40-day period may be extended for up to an additional 15 calendar days.

   In cases where the product is normally sold retail, the users of the productive sectors of the products under investigation and consumer advocate organizations shall be given an opportunity to provide any information, on dumping or subsidies, on the injury or causal nexus between the two that is relevant to the purposes of the investigation.

   The answers sent by the parties, as well as the documents that are provided, shall be submitted in Spanish, or otherwise must be accompanied by an official translation.

Peru

   The Commission may require the data and information it deems relevant to allow it to fulfil its task directly from the parties cited in the complaint, customs agents, surveillance, transport and other companies and public or private sector bodies, which must provide this information within the time-limits fixed, on pain of liability. Where there is no response to the request referred to in the preceding paragraph, the Commission shall take a decision based on the information available.

Santa Lucia

Trinidad and Tobago

United States

   1. COMMERCE

   In an antidumping investigation, questionnaires are distributed to all producers and exporters involved in an investigation.

   In a countervailing duty proceeding, a questionnaire is sent to the government of the exporting country and, if known, to the producers and exporters.

   Commerce normally allows 30 days for a response, but extensions may be granted if the exporter provides an explanation of the need for such extension.

   Supplemental questionnaires may be issued, and the response time will depend on the nature of the information requested.

   In cases where Commerce has limited its examination to selected exporters and producers, it nevertheless will calculate an individual margin for any exporter or producer not selected for examination that provides the necessary information on a timely basis and in the form required.

   Where the number of exporters is particularly high, Commerce may decline to analyze voluntary responses because it would be unduly burdensome and would preclude the completion of timely investigations.

         a. AD INVESTIGATION

         The investigation begins with the presentation of a questionnaire by Commerce, which is designed to gather transactional data from the manufacturer and/or exporter, including all home market and export sales information.

   The questionnaire consists of the following sections:

               1) Section I - General Information requests information concerning the company, accounting practices, merchandise, and total sales of the subject merchandise in all markets;

               2) Section II - Sales in the Home Market or to Third Countries requests that the respondent provide a list of sales in the home market or, where appropriate, to third countries, and other information necessary to calculate the normal value of the merchandise;

               3) Section III - Sales to the U.S. requests that the respondent provide a list of sales to the U.S. and other data necessary to calculate the U.S. price;

               4) Section IV - Cost of Production/Constructed Value requires a response only if Commerce initiates an investigation of sales below cost, or if constructed value is necessary as the basis for determining normal value;

               5) Section V - Further Manufacturing requires a response only if further manufacturing in the U.S. is involved.

         b. CVD INVESTIGATION

         Commerce presents its questionnaire to the companies involved in the proceeding as well as to the government of the country where the companies are established.

   Both company and government questionnaires consist of two sections:

               1) general information about the company and

               2) information regarding the operation and use of specific subsidy programs.

   2. ITC

   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

Venezuela

   The time limit for response to the questionnaire shall be specified in the questionnaire itself. (1993 Regulations, Art. 70).

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