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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere
I. Final Determinations
Having given an ample opportunity to all the interested parties to submit all the evidence and information deemed pertinent, and based on such evidence and available information, the Ministry of Industry and Commerce will convene the Commission, within three calendar months counted from the date of the bi-ministerial resolution that contains the preliminary determination, so as to submit the conclusions and recommendations of the investigation to the Commission for its analysis and discussion.
If in the view of the Ministry of Industry and Commerce there are special circumstances that so merit, this time period may be extended to an additional 30 calendar days.
The Ministry of Industry and Commerce will forward, within a maximum period of one calendar month from the date on which the Commission is convened, its conclusions and recommendations.
Within 30 calendar days and by justified bi-ministerial resolution, the Ministers of Industry and Commerce and of the Treasury shall make a final determination on the imposition of duties, based on the recommendations made, the evidence, and available information.
Said bi-ministerial resolution should be reported to the interested parties and published in the Official Gazette within the next three working days.
In case there is no verification of dumping or subsidies or of injury to the domestic industry, the respective resolution shall consider the investigation concluded and shall order the return of any provisional duty or the restitution of the guarantee where appropriate.
J. Maximum Length of Investigation
The investigations referred to in this Decree shall be concluded in a period not to exceed 12 months counted from the date of the resolution ordering the investigation.
In exceptional cases, when there is evidence that so justifies, said period may be extended to 18 months.
An investigation may be considered concluded at any time, among other reasons, when the margin of dumping or the amount of the subsidy is de minimis, or when the volume of imports is insignificant as provided for in Articles 4.10, 5.4, and 6.3 of this Decree.
K. Maximum Duration of Antidumping and Countervailing Duty Orders
Anti-dumping and countervailing duties will be enforced for the time and to the extent needed to counter the effect of the dumping or subsidies causing injury.
Nonetheless, all duties shall be suppressed within a period not to exceed five years, unless it is determined, by the examination referred to in Article 23 of this Decree, that suppression of the duty would lead to continuation or repetition of the injury and of the dumping or subsidy.
Provisional measures, anti-dumping or countervailing duties shall only be applied to products declared to be for consumption after the date when the resolutions that contain the preliminary and final determinations enter into force.
Notwithstanding the foregoing, the final measures may be imposed retroactively for the period during which the provisional measures are adopted, when a final determination of injury is made (but not of threat of injury or major delay in establishing a domestic industry) or, if a final determination is reached as to threat of injury, when the effect of the dumped or subsidized imports is such that, if provisional measures are not applied, an injury were determined to exist.
When a determination is made of the threat of injury or major delay (without the injury having occurred yet), final duties may only be established from the date of determination of a threat of injury or major delay. In these cases, refund of the duty or restitution of the bond or guarantee will be ordered for the period during which the provisional measures were in effect.
In critical circumstances, when it is concluded that there is an injury difficult to repair caused by massive imports that are dumped or subsidized, made intermittently in relatively short periods, and that there are antecedents of dumping that have caused injury, or that the importer knew or should have known that the exporter practiced dumping and that it would cause injury, definitive duties may be imposed on the products put up for sale within the 90 days prior to the date provisional measures are imposed.
Nonetheless, in no case may definitive duties be imposed prior to the date of publication of the resolution that initiates the investigation in dumping cases, or prior to the date of invitation to engage in the consultations mentioned at Article 10 of this Decree.
Definitive duties may also be imposed on the products that have been put up for sale within the 90 days prior to the date of imposition of provisional measures in cases of non-performance of undertakings referred to in Article 17 of this Decree.
M. Best Information Available (or "Facts Available")
When any of the interested parties denies access to the information needed, does not facilitate it within a reasonable time, or significantly hinders provision of the information, preliminary or final determinations may be made based on the best information available.
N. Consumers as Interested Parties
O. Public Interest
In evaluating the case, the domestic economic interests and the public interest shall be taken into account, as well as the information submitted by the parties, including such information as is submitted by groups or associations of users and consumers.
It may be decided not to impose measures when it is concluded that they would use substantial injury to the domestic economy.
P. Undertakings or Commitments
In cases where a positive preliminary determination has been made as to the existence of dumping or subsidies, the investigation may be suspended or deemed concluded without imposing provisional or definitive measures when there are undertakings by which the competent authorities of the country of origin or export, the producers, or the exporters agree to review the export prices, suppress or limit the subsidy, or cease exports to Paraguay, so as to eliminate the injury to the domestic industry.
The proposals to carry out the undertakings referred to in the previous section shall be submitted to the Ministry of Industry and Commerce, which shall, within the 15 working days following their submission, give notice to the interested parties, allowing them a period of 10 working days to submit their comments in writing.
The Ministry of Industry and Commerce may suggest undertakings, which this Article refers to, but shall not compel any exporter to accept them.
Within five working days following the term of 10 days to which the previous sub-paragraph refers, the Ministry of Industry and Commerce shall convene a meeting of the Commission to submit the proposals, comments received, and technical recommendations for its analysis.
The Ministers of Industry and Commerce and of the Treasury, through a justified bi-ministerial resolution, shall determine definitively whether they accept or do not accept such undertakings.
Said resolution shall be reported to the interested parties and published in the Official Gazette within the next three working days. In the bi-ministerial resolution referred to at Article 17.3, it may be ordered that provisional measures not be imposed, that they be imposed but in an amount less than the margin of dumping or the amount of the subsidy, or any other concession that is pertinent.
Nonetheless, the application of such concessions shall be conditioned on performance of the undertakings accepted.
Likewise, the immediate application of provisional measures may be ordered in the case of non-performance of the undertakings or refusal of the authority, the producer, or the exporter to provide information periodically regarding the performance, or to allow verification of the pertinent data.
Although an undertaking may be accepted, the investigation shall be carried out to its conclusion when so requested by the exporter or when so decided by the Ministry of Industry and Commerce.
In such a case, if a negative determination is made afterwards regarding the existence of dumping or subsidies, the resolution putting an end to the investigation shall indicate that the undertakings have been extinguished, except in cases in which said information is based largely on the existence of such undertakings.
V. Review of Antidumping and Countervailing Duty Determinations
A. Annual Reviews
B. Duty Refund Review
Without prejudice to the provisions of Article 22, an importer may request, during a period up to six (6) months from the date of payment of the duty, the return of any anti-dumping duty that it has paid in excess of the real margin of dumping, so long as it makes a showing, duly supported by evidence, that the margin of dumping, on the basis of which the duties were paid, has been eliminated or reduced to a level below the duty in force.
The Ministries of Industry and Commerce, and of the Treasury, shall determine whether the refund is appropriate and may initiate a review of the case to verify the information and the facts alleged by the importer.
Where appropriate, the refund of the duty paid in excess shall normally be paid over 12 months, and in no case more than 18 months from the date on which the importer has submitted the application.
The payment of any refund shall normally be made within 90 days counted from a bi-ministerial resolution of the Ministries of Industry and Commerce and of the Treasury, as referred to in this Article.
C. Sunset Review
D. Changed Circumstances Review
So long as a prudential period of at least one year has lapsed from the establishment of a definitive duty, the Ministry of Industry and Commerce, at the request of an interested party or upon its own initiative, so long as there is sufficient proof that eliminating the measures will probably give way to the continuation or repetition of the injury and of the dumping or subsidy, will initiate a review procedure aimed at examining the need to maintain the duty imposed.
As a result of the examination referred to in this Article, a determination will be made as to whether the duty imposed is still justified.
The Ministry of Industry and Commerce may decide to maintain, eliminate, or modify the duty, as is best advised by the examination.
In those cases in which it is determined that the duty is no longer justified, its immediate suppression should be ordered.
The procedure referred to in this Article shall be governed, for procedural purposes, by the provisions of this Decree.
E. New Shipper Review
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.
3. Judicial, Administrative or Other Review
The resolutions mentioned in Articles 18 and 23 may be appealed in the contentious- administrative jurisdiction, pursuant to the time periods and procedures established in the laws in force on the Contentious-Administrative Jurisdiction.
F. Procedures for Due Process
1. Notification of Initiation of Investigation
If the Ministry of Industry and Commerce accepts the application, this will be provided for by resolution setting forth the underlying reasons and ordering that the investigation be initiated.
The resolution shall be published in the Official Gazette, within the next three working days.
The initiation of the investigation will not be an obstacle for the customs office.
In the public announcements initiating an investigation, the proper information on the following aspects will be included, or will be set forth otherwise through a separate report:
(1) the name of the exporter country or countries and the product in question;
(2) the date the investigation is initiated;
(3) the basis of the dumping allegation made in the application;
(4) a summary of the factors on which the allegation of injury is based;
(5) the address to which representations made by the interested parties should be spent; and,
(6) the time periods the interested parties are given to make their views known.
2. Questionnaires (Distribution, Response Time, Extensions, Supplements)
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.
3. Publication of Antidumping and Countervailing Duty Determinations
4. Access to Public Information
5. Access to Confidential Information
The evidence and information submitted by each of the interested parties shall be made known to each of the parties involved, except for that which has been consigned as confidential information, which will be treated as such by the Ministry of Industry and Commerce.
Nonetheless, in this case, the party that submits such information must provide non-confidential summaries of it or, in exceptional circumstances when this is not possible, set forth the reasons why such summaries cannot be provided.
When in the view of the Ministry of Industry and Commerce the application for certain information to be considered confidential is not justified, and the party that has provided it does not wish to authorize its disclosure in general or summarized terms, unless it is shown convincingly, from an appropriate source, that the information is correct.
6. Decision Making Process (Ministerial Approval, Commission Vote, etc.)
G. Application and Collection of Duties
1. Suspension of Liquidation
2. Use of Bonds or Cash Deposits
In these cases, and as long as it has been determined on a preliminary basis that provisional measures should be imposed, the bond or guarantee will be executed when appropriate.
3. Methods of Liquidation
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