Chile

F. Conduct Verification

1. Antidumping

   The Commission may conduct investigations in other countries as necessary, provided that it has given due notice to the government of the country concerned, and that that government does not object to the investigation. In addition, the Commission may conduct investigations on the premises of a company, and may examine its books, provided that

         a) it obtains permission from the company, and

         b) it notifies the government of the country concerned, and that government does not object. Investigations on the premises of a company are to be conducted in accordance with the procedures established in Annex VI of the Agreement on Subsidies and Countervailing Measures.

   Without prejudice to the provisions regarding the protection of confidential information, the Commission shall make the results of these investigations available to the companies to which they refer, or it shall provide them information on those results, and may also provide such results to the petitioners. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

2. Countervailing

   Same as provision in previous section.

G. Hearings

1. Antidumping

   Throughout any antidumping investigation, all interested parties must be given full opportunity to defend their interests and to be heard by the Commission, upon written application. To this end, the Commission shall give all interested parties who so request the opportunity to meet with those parties that have opposing interests, so that they can set out their respective arguments and rebuttals. In providing such an opportunity, due attention must be paid to the need to protect the confidentiality of information, and to accommodate the convenience of the parties. No party is obliged to attend such a meeting, and its absence may not be held prejudicial to its case.

   Interested parties also have the right, with justification, to give supplementary oral evidence. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

2. Countervailing

   Throughout any antidumping investigation, all interested parties must be given full opportunity to defend their interests and to be heard by the Commission, upon written application. To this end, the Commission shall give all interested parties who so request the opportunity to meet with those parties that have opposing interests, so that they can set out their respective arguments and rebuttals. In providing such an opportunity, due attention must be paid to the need to protect the confidentiality of information, and to accommodate the convenience of the parties. No party is obliged to attend such a meeting, and its absence may not be held prejudicial to its case.

   Interested parties also have the right, with justification, to give supplementary oral evidence. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

H. Briefs

   There is not statutory provision pertaining to the filing of briefs.

I. Final Determinations

   Public notice shall be given of all preliminary or final determinations, whether positive or negative, and whenever any definitive antidumping or countervailing duty is terminated. Information in sufficient detail must be provided in every such notice, or in a separate report, on all findings and conclusions with respect to questions of fact and of law that the investigating authority deems relevant. All such notices and reports must be sent to the country or countries whose goods are subject to the determination in question, and to any other known interested parties. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

J. Maximum Length of Investigation

   The rules pertaining to the maximum length of an investigation will be included in the Chilean law which is currently being considered.

   At this time, however, there is no standard provided for in Chilean law or regulations.

K. Maximum Duration of Antidumping and Countervailing Duty Orders

   Antidumping or countervailing duties may not be imposed longer than one year.

   Thus, the reference to reviews of measures after 5 years (i.e., sunset reviews) does not apply to Chile.

L. Retroactivity

   No statutory provision pertaining to retroactivity.

M. Best Information Available (or "Facts Available")

   In cases where an interested party refuses access to necessary information, or fails to provide it within a reasonable period of time, or otherwise causes significant delay to the investigation, preliminary or final determinations may be issued, either positive or negative, on the basis of the facts and knowledge at hand. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

N. Consumers as Interested Parties

   This term is given a broad and unrestricted interpretation, which allows full participation by any persons who may feel themselves affected during the course of the investigation. (Finance Decree No. 575 and Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

O. Public Interest

1. Antidumping

   The measure recommended to the President by the Commission may not be greater than the margin of the price distortion found to exist by the Commission. (Decree 575, Title 2, Art. 15).

2. Countervailing

   The measure recommended to the President by the Commission may not be greater than the margin of the price distortion found to exist by the Commission. (Decree 575, Title 2, Art. 15.)

P. Undertakings or Commitments

   There is no statutory provision pertaining to undertakings.

V. Review of Antidumping and Countervailing Duty Determinations

A. Annual Reviews

   There is no provision in Chilean law regarding the conduct of annual reviews of definitive antidumping or countervailing duty measures.

   Because antidumping and countervailing duties may be imposed for a maximum duration of only one year, annual reviews are not necessary. (Law 18525, Art. 10).

   However, the Commission may at any time, when in possession of information for so doing, recommend to the President of the Republic, that the measures in force be modified or repealed before they are due to expire.

   In order to make such a recommendation, the Commission must have previously heard the views of the interested parties on the information which, in its opinion, makes it necessary to modify or repeal the measure adopted.

   The interested parties shall be considered to have been heard 10 working days after having been sent the corresponding communication transmitted by the Commission, whether or not they have made observations concerning the information brought to their attention. (Decree 575, Title 2, Art. 18).

B. Duty Refund Review

   Persons affected by provisional measures which are definitively repealed or modified may apply for the refund of the amount paid or the excess amount paid under the respective measures in cases where the Commission decides, upon the conclusion of the investigation, that there is no distortion in the price of the products in respect of which it requested provisional measures for that, although there are distortions, they are not causing or threatening actual or imminent serious injury to the domestic industry.

   The persons affected may also request the total or partial refund of amount paid under such provisional measures in the case where the Commission has recommended through the relevant decision, the definitive application of surcharges, antidumping duties and countervailing duties or minimum customs values, but these measures are not imposed by the competent authority or were imposed for an amount lower than that which has been paid under the provisional measure.

   Current interest shall accrue on the amounts to be refunded.

   Interested parties must apply for a refund within 90 days of the date on which they become entitled to such refund, after which the right thereto shall elapse. (Decree 575, Title 3, Art. 24). In the event of the refund of duties, taxes and other charges resulting from the provisional establishment of minimum custom values, surcharges, antidumping duties, and countervailing duties, the importer requesting the refund must submit an application in writing to the Regional Director or Administrator at Customs with whom the import declaration in question was lodged, together with a certified copy of the corresponding import declaration voucher of receipt of payment. (Decree 575, Title 3, Art. 27).

C. Sunset Review

   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).

D. Changed Circumstances Review

   The Commission may at any time, when in possession of information for so doing, recommend to the President of the Republic, that the measure in force be modified or repealed before it is due to expire.

   In order to make such a recommendation, the Commission must have previously heard the views of the interested parties on the information which, in its opinion, makes it necessary to modify or repeal the measure adopted.

   The interested parties shall be considered to have been heard ten working days after having been sent the corresponding communication transmitted by the Commission, whether or not they have made observations concerning the information brought to their attention. (Decree 575, Title 2, Art. 18).

E. New Shipper Review

1. Antidumping

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

   This issue is under consideration for possible new legislation.

2. Countervailing

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

   This issue is under consideration for possible new legislation.

3. Judicial, Administrative or Other Review

   In current Chilean law, there is no provision of judicial, administrative or other review.

   This issue is being considered in the context of a new law under consideration.

F. Procedures for Due Process

1. Notification of Initiation of Investigation

   Once a decision to initiate is made, a notice is published in the Diario Oficial and the country whose products are to be investigated are notified by the Ministry of Foreign Affairs. (Decree 575, Title 2, Art. 12 and 13).

   The publication of the Notice to Initiate shall include: the date of the formal lodging of the complaint; the products covered by the complaint and its tariff classification; the identity of the complainant or complainants; the identity of the producers, exporters and importers of the goods; the country of origin of the corresponding product or products; a description of the practice or indication of the measure causing the alleged distortion of prices; a brief analysis of the factors allegedly causing the injury to the domestic industry; the decision of the Commission as to whether or not the complaint has given rise to an investigation; and the address of the Technical Secretariat with an indication that any interested party may raise matters in writing concerning the complaint or request a hearing before the Commission. (Decree 575, Title 2, Art. 12).

2. Questionnaires (Distribution, Response Time, Extensions, Supplements)

   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.

3. Publication of Antidumping and Countervailing Duty Determinations

   Public notice is given of all determinations, preliminary and final, positive and negative, and whenever a definitive antidumping duty is terminated. Information in sufficient detail is to be provided in each of these notices, or by means of a separate report, on all findings and conclusions with respect to questions of fact and of law that the investigating authority deems relevant. All such notices and reports are to be sent to the country or countries whose goods are the subject of the determination or undertaking in question, as well as to any other party known to have an interest in the proceedings. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

4. Access to Public Information

   The Commission shall whenever feasible give timely opportunity to all interested parties to examine any relevant information used by the authorities in their antidumping investigation, provided that such information is not confidential, so that those parties may use it in the preparation of their arguments. The Commission will ask those interested parties submitting confidential information to include a non-confidential summary thereof. These summaries should be sufficiently detailed to permit a reasonable understanding of the basic contents of the confidential information submitted. In exceptional circumstances, these parties may declare such information incapable of such a summary. Under such exceptional circumstances, they must explain the reasons why the information cannot be summarized. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

5. Access to Confidential Information

   Any information that is, by its nature, deemed confidential (for example, because its release would impart a significant advantage to a competitor, or would have a significantly prejudicial impact on the person providing the information, or on a third person other than the recipient), and any information that the parties to an antidumping/subsidy investigation have submitted in confidence and with sufficient justification, must be treated as such by the Commission. Such information may not be released without the express permission of the party that submitted it. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

6. Decision Making Process (Ministerial Approval, Commission Vote, etc.)

   The Commission shall adopt its decision by a majority of the votes cast and in the event of a tie, the Chairman shall have the deciding vote. (Decree 575, Title 2, Art. 6.).

   Once the Commission makes its decision, it forwards its recommendation to the President, who makes the ultimate decision with respect to imposition of duties.

G. Application and Collection of Duties

1. Suspension of Liquidation

   There is no provision in Chilean law pertaining to the suspension of liquidation.

2. Use of Bonds or Cash Deposits

   Article 24 of Decree 575 provides that persons affected by provisional measures which are definitively repealed or modified, may apply for a refund for the amount paid or the excess amount paid under the respective measures in cases where the Commission issues a negative final determination of dumping/subsidies and injury, or where the final antidumping or countervailing duty is lower than the provisional duty imposed.

   It appears that, under Chilean law, cash deposits must be paid for provisional measures, since there is no mention of the ability to post a bond or other security for payment of provisional measures.

3. Methods of Liquidation

   Antidumping duties may be established as specific duties or as ad valorem duties on the CIF price.

   Where an antidumping duty is imposed on a good, that duty is payable in the appropriate amount, in each case and without discrimination, on all imports of that good that have been declared dumped and the cause of injury, whatever the point of shipment.

   The Commission shall designate the supplier or suppliers of the good in question. Nevertheless, if several suppliers within the same country are involved, and it is impossible in practice to designate all of them, the Commission may designate the supplying country in question. If several suppliers in more than one country are involved, the Commission may designate all suppliers involved, or, where this is not practicable, all the supplying countries involved.

H. Other

1. Anti-Circumvention

   The issue of circumvention is not addressed in Chilean law.

Back to Information by Country