Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Methodologies/Definitions
- De Minimis Provsions
a. Antidumping
WTO Standard: An application [. . .] shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case. There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volume of dumped imports, actual or potential, or the injury, is negligible. The margin of dumping shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a percentage of the export price. The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less that 3 per cent of imports of the like product in the importing Member, unless countries which individually account for less than 3 per cent of the imports of the like product in the importing country collectively account for more than 7 per cent of imports of the like product in the importing country. (AD Agreement, Art. 5.8)
Argentina
The definition of a de minimis dumping margin applied by the authorities is that which is defined in the Agreement.
Furthermore, the Decree does provide that, if at any time during an antidumping investigation, the Secretariat for Trade, Industry and Mining of the Ministry of the Economy and Public Works and Services concludes that there is not sufficient evidence of dumping or injury, or that the margin of dumping or the volume of actual or potential imports are negligible, the investigation shall be terminated immediately. (Decree No. 2121/94, Art. 48).
Bolivia
Margins of dumping less than 2 percent of normal value shall be disregarded. Art. 26.
Imports whose volume is less than 1 percent of total domestic consumption shall be considered de minimis or negligible.
Bi-ministerial Decision, Art. 33.
Brazil
The margin of dumping shall be considered de minimis if it is less than two percent of the export price. Art. 14-7.
The volume of dumped imports from an individual country shall normally be considered as negligible if the volume of dumped imports account for less than three percent of imports of the like product in Brazil, unless countries which individually account for less than 3 percent of the imports of the like product in Brazil collectively account for no more than 7 percent of imports of the like product in Brazil. (Dec. 1602/95 - Art. 14.3).
Canada
(a) De Minimis Dumping Margin
For purposes of calculating dumping margins, section 2 of the SIMA defines insignificant as a margin of dumping that is less than two percent of the export price of the goods.
(b) Negligible Imports
The SIMA subsection 2.(1) specifies that negligible means, in respect of the volume of dumped goods of a country, (a) less than three percent of the total volume of goods that are released into Canada from all countries and that are of the same description as the dumped goods, except where the total volume of dumped goods of three or more countries, each of whose exports of dumped goods into Canada is less than three percent of the total volume of goods referred to in paragraph (a), is more than seven percent of the total volume of goods referred to in paragraph (a), the volume of dumped goods of any of those countries is not negligible.
With respect to subsidized goods from developing countries, subsection 42(4) requires the Tribunal to take into account the provisions of paragraph 12 of Article 27 of the Subsidies Agreement.
Chile
The Commission shall reject a petition and terminate the investigation without delay, if it finds that the evidence of dumping or of injury is insufficient to justify continuation of the proceedings. Where the Commission determines that the margin of dumping is de minimis, or that the volume of actual or potential imports of dumped goods or the degree of injury is insignificant, it shall terminate the investigation immediately. The margin of dumping shall be deemed de minimis if it less than 2 per cent, expressed as a percentage of the export price. The volume of imports of dumped goods will normally be deemed insignificant if it is determined that shipments from a given country represent less than 3 per cent of the imports of like goods into Chile, except where those countries that individually represent less than 3 per cent of imports of like goods into Chile account collectively for more than 7 per cent of such imports. (Supreme Decree No. 16. Ministry of External Relations, published in the Diario Oficial on May 17, 1995).
Colombia
The minimis considered for the dumping margin in Decree 299/95, Chap. III, Art. 10 should be separated from the minimis considered for examination of damages in that same Decree (Chap. 5, Article 13, paragraph 1.1, subparagraph 2), as follows:
- Minimis for the dumping margin: If the dumping margin is less than 2% of the export price, it shall be regarded as minimis.
- Minimis for damages: Imports shall be considered as minimis if the volume of imports is less than 1% of the volume of the product under investigation that is consumed nationally, or if the imports from a country account for less than 3% of the total imports of the product in question.
Costa Rica
An application [...] shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case.
There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volume of dumped imports, actual or potential, or the injury, is negligible.
The margin of dumping shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a percentage of the export price.
The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than 3 per cent of imports of the like product in the importing country unless countries which individually account for less than 3 per cent of the imports of the like product in the importing country collectively account for more than 7 per cent of imports of the like product in the importing country.
In addition to this provision, Costa Rica also has Article 17 of Decree 24868-MEIC, dated January 31, 1996, which stipulates the following:
The investigation shall be terminated if it is found that the margin of dumping or the amount of the subsidy is de minimis or that the volume of the imports or the injury is negligible.
Dominican Republic
Ecuador
El Salvador
There is no specific provision but El Salvador applies the rules in accordance with the WTO Antidumping Agreement.
Guatemala
The CARUTP applies the WTO standard.
Honduras
The CARUTP applies the WTO standard.
Jamaica
Mexico
The Law and the Regulations do not expressly establish which de minimis margins are to be observed by the Secretariat.
Nevertheless, in view of the contents of item 2.I.B of this document, the Secretariat must observe the provisions of Article 5.8 of the Antidumping Agreement (2%) and Article 11.9 of the GATT Agreement on Subsidies (1%).
Nicaragua
The CARUTP applies the WTO standard.
Panama
The subsidy or subsidization will be considered de minimis when it amounts to less than one percent (1%) ad valorem. If the good is imported from a developing country member of the World Trade Organization, a subsidy of up to two percent (2%) ad valorem, computed on a unit basis, will be allowed.
Moreover, a subsidized good that is imported from a developing country member of the World Trade Organization will be considered insignificant when the volume of subsidized imports represents less than four percent (4%) of total imports of an identical or similar good unless the volume of imports of the good from such developing country which individually account for less than four percent (4%) of the total, together represent more than nine percent (9%) of imports of the identical or similar good.
When the subsidization or dumping is found to be de minimis, or when the subsidized goods or goods subject to dumping are imported in an insignificant volume as specified in the two preceding articles, the investigation will be considered terminated without the need to impose protective measures of any kind.
Paraguay
Peru
Santa Lucia
Trinidad and Tobago
United States
In the investigation phase of an antidumping proceeding, the dumping margin is considered de minimis if Commerce determines that the overall weighted-average margin is less than 2% ad valorem.
During the administrative review phase, Commerce applies a 0.5% de minimis dumping margin standard, which was the de minimis standard applied under pre-URAA law.
Imports from a country are considered negligible if they account for less than 3% of the volume of all imports of the subject merchandise corresponding to the domestic like product and if imports from all countries accounting for less than 3% do not exceed 7% of total imports.
When the Commission finds imports from a country to be negligible, the investigation concerning that country is terminated.
Uruguay
Venezuela
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