Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
Methodologies/Definitions
- Polling
WTO Standard: "In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine support and opposition by using statistically valid sampling techniques." (AD Agreement, Art. 5.4, fn. 13; SCM Agreement, Art. 11.4, fn. 38)
Argentina
The cited WTO standards are applied.
Bolivia
Principal parties in national production are considered to be those with 25% of such production, in volume terms.
The complainant is the natural or legal person who, representing the principal party in national production, requests the investigation of imports subject to unfair practices, which could lead to corrective measures, if such practices cause or threaten to cause injury to national production.
Brazil
SECEX may take steps to determine the degree of support or opposition to the petition expressed by domestic producers of the similar product with the purpose of verifying that the petition is, in fact, filed on behalf of the domestic industry.
In the case of a fragmented industry involving numerous producers, SECEX may use statistically valid sampling techniques to determine the degree of support or opposition. Art. 20-2; Art. 28-2.
Canada
Revenue Canada must be satisfied that the required industry support thresholds are met before a case can be initiated.
If the required industry support thresholds are not met, either the complainant or Revenue Canada officials will contact all known producers so as to canvass them for their views on the proposed complaint.
Where there is a large number of producers, a statistically valid sample of producers could be polled.
Chile
Where the domestic industry is fragmented to the point where there are an exceptionally large number of producers, the Commission may determine the degree of support and opposition for the complaint by means of statistically valid sampling techniques. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).
Colombia
Article 5.4 of the Agreement on Anti-dumping and 11.4 of the Agreement on Subsidies were incorporated into Colombian law by Law 170 of 1994, which provides for a number of elements in the determination of an investigation.
Costa Rica
Dominican Republic
Ecuador
El Salvador
If it is determined that the petition has not been made on behalf of a national production branch in accordance with the Agreements of the WTO. (Article 8-a of the CARUTP).
Guatemala
If it is determined that the petition has not been made on behalf of a national production branch in accordance with the Agreements of the WTO. (Article 8-a of the CARUTP).
Honduras
If it is determined that the petition has not been made on behalf of a national production branch in accordance with the Agreements of the WTO. (Article 8-a of the CARUTP).
Jamaica
Mexico
The final part of article 63 of the Regulations establishes SECOFI's obligation to gather necessary information on the national producers not petitioning so that the determination of damage will be representative of the situation of overall national production.
Nicaragua
If it is determined that the petition has not been made on behalf of a national production branch in accordance with the Agreements of the WTO. (Article 8-a of the CARUTP).
Panama
Paraguay
Peru
Santa Lucia
Trinidad and Tobago
United States
Only if the requisite support is not established in the petition will Commerce poll the industry or rely on other information to determine whether the domestic industry supports the petition.
If there is a large number of producers, the statute authorizes Commerce to use statistically valid samples to determine whether the required level of support exists.
If the Commerce Department has to poll the industry to determine standing, an additional 20 days (for a total of 40 days from the date the petition is filed) is permitted for determining whether there is a sufficient basis for initiating the investigation.
Uruguay
Venezuela
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