4. Steps of the Investigation
   1. Petition Filing

      WTO Standard: Except in the special circumstances when the authorities initiate an investigation on their own, an investigation to determine the existence, degree and effect of any alleged dumping or subsidy shall be initiated upon a written application by or on behalf of the domestic industry. (AD Agreement, Art. 5.1; SCM Agreement, Art. 11.1)

      An application [...] shall include evidence of dumping or a subsidy, injury and a causal link between the dumped or subsidized imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The application shall contain such information as is reasonably available to the applicant of the following:

      (1) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

      (2) a complete description of the allegedly dumped or subsidized product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

      (3) for antidumping investigations: information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the territory of the importing Member;

      (4) for countervailing duty investigations: evidence with regard to the existence, amount and nature of the subsidy in question;

      (5) information on the evolution of the volume of allegedly dumped/subsidized imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry [...]

      (AD Agreement, Art. 5.2; SCM Agreement, Art. 11.2)

      The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation. (AD Agreement, Art. 5.3; SCM Agreement, Art. 11.3)

Argentina

   The cited standards of the WTO are applied. Articles 37 and 38 of Decree 2121/94 which are cited below, are of supplementary application on this subject, as far as it does not contradict with the Agreement's provisions. Furthermore, the Secretariat of Industry and Trade NE 349 of November 12, 1991 Resolution that establish the contents of the person making the complaint because of dumping or subsidy is also applied.

   Applications for the initiation of an investigation concerning dumping or subsidies must be submitted by or on behalf of the domestic industry which believes itself to be affected by the alleged dumping or subsidization.

   The affected domestic industry must present sufficient evidence of the existence of dumping or subsidies, of the injury and the causal link between them. Interested parties must complete the application form established for the purpose by the implementing authority in order to enable the existence of the basic requirements for the opening of an investigation into dumping or subsidies to be ascertained. (Decree No. 2121/94, Art. 37).

   For the purpose of evaluating applications, interested parties must complete the application form established for the purpose by the competent implementing authority, in order to enable the existence of the basic requirements for the opening of an investigation into dumping or subsidies to be ascertained. (Id.).

   The competent authority shall notify the applicant of any error or omission in the application within 30 working days of its submission.

   The applicant shall have 15 working days from the date of notification to supply corrections.

   If the applicant does not supply the required corrections within that period, the application will be rejected without further proceedings. (Id, Art. 38).

Bolivia

   A self-initiated investigation may be undertaken by the Ministry when there is sufficient and positive evidence that supports the presumption of the existence of prejudice caused by imports at dumped or subsidized prices, so long as the investigation has the support of the affected domestic producers. A properly documented complaint shall contain at least the following:

         (a) name and domicile of the complainant and, where appropriate, of his legal representative in the case of legal persons;

         (b) the complainant's percentage of domestic production of the like product;

         (c) description of the goods imported;

         (d) export prices and normal value of the product forming the subject of the complaint when the latter relates to a dumping investigation;

         (e) any encouragement, incentive, bounty, subsidy or other help provided to the producer or exporter in the country of origin or of export, and the authority or agency providing such support, indicating where appropriate the applicable law and, where possible, the value or amount thereof and its impact on the price of the imported product and the price at which the subsidized product is imported, when the complaint concerns an investigation of subsidized imports;

         (f) volume imported, or to be imported, if known, indicating the relevant unit of measurement;

         (g) name and domicile of the persons who intend to import the product, if known, or of those who imported the product, and whether it was imported in one or several transactions, if known;

         (h) indication of the country or countries of origin and/or export;

         (i) name and domicile of known importers and exporters of the product specified in the complaint;

         (j) other information and data making it possible to presume the existence of an unfair foreign trade practice;

         (k) any elements which help to determine that, as a result of the introduction of the products in question into the domestic market, there is injury or threat of injury to domestic industry or the establishment of an industry is being hampered, including indicators of output, sales, utilization of installed capacity and profits trends over the previous three years;

         (l) an undertaking to submit the relevant documents to the investigating authority for verification of the information supplied;

         (m) other documents in support of the complaint;

         (n) a clear indication of which evidence and documents are deemed to be confidential, indicating the reasons why they should be treated as confidential and enclosing a non-confidential summary of such information. Bi-ministerial Decision, Art. 6.

Brazil

   Antidumping and Countervailing duty investigation, to determine the existence, degree and effect of any alleged dumping or subsidies, may be requested by or on behalf of the domestic industry.

   A written application must be filed with SECEX and shall include evidence of

         a) dumping or subsidies;

         b) injury; and

         c) causal link between the dumped or subsidized imports and the alleged injury, including the following information:

               1) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant.

     Where a petition is made on behalf of a domestic industry, the petition shall identify the industry on behalf of which it is made and it shall include a list of the domestic producers represented as well as volume and value of production of the like product accounted for such producers;

               2) an estimate of the volume and value of the national production of the like product;

               3) a list of the known domestic producers of the like product that are not represented in the petition, and, to the extent possible, an indication of the volume and value of production of the like product accounted for those producers as well as their position on the petition (if they support the petition or not);

               4) a complete description of the allegedly dumped or subsidized product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer, and a list of the known importers of the product in question;

               5) a complete description of the product made by the domestic industry;

               6) information on the existence, amount and nature of the subsidy in question or representative prices at which the product in question is sold, when destined for consumption in the home market of the exporting country or countries (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product);

               7) information of the export price of the product, or where appropriate, the prices at which the product is first resold to an independent buyer in the territory of Brazil;

               8) information on the evolution of the volume of imports of the allegedly dumped or subsidized imports, the effect of those imports on prices of the like product in the domestic market and the consequent impact of those imports on the domestic industry, as demonstrated by the factors and indices having a bearing on the state of the domestic industry. (Dec. 1602/95 - Art. 18.16; Dec. 1751/95 - Art. 25.1).

Canada

   A domestic producer may submit a complaint to the Deputy Minister of National Revenue (DM) whenever it believes that dumped/subsidized goods are causing injury or material retardation or threaten to cause injury.

   The Special Import Measures Act (SIMA) Subsection 32(1) provides that, within 21 days of receiving a complaint, the DM must either:

         (1) notify the complainant and the government of the country of export that the complaint is properly documented; or

         (2) advise the complainant that additional information and material are required for the complaint to be properly documented.

   According to SIMA subsection 2.(1), a properly documented complaint means that

         (a) the complaint:

               (i) alleges that the goods have been or are being dumped or subsidized, specifies the goods and alleges that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury;

               (ii) states in reasonable detail the facts on which the allegations are based; and

               (iii) makes such other representations as the complainant deems relevant to the complaint, and the complainant provides such information as is available to the complainant to prove the facts and such other information as the Deputy Minister may reasonably require.

   Section 37 of the SIMA regulations specifies that for the satisfaction of reasonable detail on which the allegations are based, a properly documented complaint must include:

         (a) the volume and value of the complainant's domestic production of like goods;

         (b) a list of all known producers of like goods in Canada, and of associations of such producers in Canada whom the complainant knows of;

         (c) such details as are reasonably available to the complainant regarding the estimated volume and value of the production of the goods by the producers identified in (b);

         (d) the name of each known foreign producer or exporter of the allegedly dumped or subsidized goods whom the complainant knows of;

         (e) the name of each importer in Canada of the allegedly dumped or subsidized goods whom the complainant knows of;

         (f) such details as are reasonably available to the complainant regarding the evolution of the volume of imports of the allegedly dumped or subsidized goods;

         (g) such details as are reasonably available to complainant regarding the effect of imports of the allegedly dumped or subsidize goods on the price of like goods in Canada.

Chile

   Investigations to determine the existence, degree and impact of alleged dumping or subsidies are initiated in response to a written petition submitted by the domestic industry or on its behalf.

   The petition must be accompanied by evidence of the existence of

         a) dumping or subsidy;

         b) injury in the meaning of GATT Article VI (1994), and

         c) a causal relationship between dumped or subsidized imports and the presumed injury. A simple declaration, unsupported by relevant evidence, is not sufficient grounds for initiating an investigation.

   The petition must contain all information reasonably accessible to the petitioner on the following points:

         i) identity of the petitioner and the petitioner's own description of the volume and value of domestic production of like goods. Where the written petition is submitted on behalf of the entire domestic industry, the industry on whose behalf the petition is submitted must be identified with a listing of all known domestic producers of like goods (or of associations of domestic producers of like goods), and as complete a description as possible of the volume and value of domestic production of like goods accounted for by those producers;

         ii) a complete description of the allegedly dumped or subsidized goods, the names of the country or countries of origin or export of those goods, the identity of each known foreign exporter or producer and a list of persons known to be importing the goods in question;

         iii) data on the prices at which the goods in question are being sold for consumption in the domestic markets of the country or countries of origin or export (or, where relevant, data on the prices at which the goods are sold from the country or countries of origin or export to a third country or countries, or data on the constructed value of the goods), as well as data on export prices or, where relevant, on the prices at which the goods are resold for the first time to an independent buyer within Chile.

         iv) In the case of subsidy investigations, there must be sufficient evidence of the existence of a subsidy, its amount and nature.

         v) Data on changes in the volume of allegedly dumped or subsidized imports, the impact of these imports on the prices of like goods in the domestic market, and the repercussions of such imports on the domestic industry. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   INCOMEX may initiate the procedure referred to in this Decree ex officio or upon application by a major proportion of the domestic industry. (Decree 299, Chapter 7, Art. 29).

   INCOMEX may initiate the procedure upon application by domestic producers accounting for a major proportion of the domestic industry who consider themselves injured by imports of like products affected during the 12 months prior to the application, or currently being affected, at dumped or subsidized prices.

   The application may also be submitted by an association of producers which meets the same requirements. For the purposes of the investigations referred to, imports currently being affected mean those currently taking place under current import registers and those to be affected under current commercial contracts or by successful bidders in tendering procedures, and shipped during the particular period of investigation. (Decree 299, Chapter 7, Art. 31).

   Application must be submitted in writing, in accordance with the manner elaborated by the INCOMEX Trade Practices Subdirectorate, using the forms and attaching the required documents.

   This documentation shall be submitted to the INCOMEX Trade Practice Subdirectorate or Regional or Section offices.

   Application shall also include at least the following particulars:

         (1) identification of complainant;

         (2) description of the goods whose import is concerned;

         (3) country of origin or of export;

         (4) name and domicile of the importers and exporters, if known;

         (5) export prices and normal value in the country of origin or of export;

         (6) any encouragement, incentive, premium, subsidy or other help provided to the imported good or its raw materials and inputs in the country of origin or of export, authority or agency providing such support, indicating where appropriate the applicable law and where possible, the value or amount thereof and its impact on the price of the imported product;

         (7) determination of the injury or threat of injury or of material retardation of an industry in Colombia caused by the dumped or subsidized import based on indicators of output, sales, utilization of installed capacity and profit trends;

         (8) offer to submit the corresponding documents to the authorities for verification of information supplied;

         (9) provision of the evidence intended for submission;

         (10) elements to determine the causal relationship between the practice and the injury;

         (11) identification of the confidential documentation and nonconfidential summary or version of that documentation. (Decree 299, Chapter 7, Art. 32).

   If INCOMEX, on examination of the application, finds that it meets the requirements above, it shall notify the complainant within five working day.

   If INCOMEX finds it necessary to request additional information for purposes of official receipt of the application, it shall ask the complainant to provide it.

   This request shall interrupt the period established in the previous paragraph which shall start anew when the complainant supplies the information requested.

   Once the information requested is supplied INCOMEX shall, within the period mentioned above, proceed to issue the receipt of the application.

   If after two months following the request for additional information such information is not supplied in full, the complainant shall be considered to have withdrawn the application and an order will be issued for it to be filed. (Decree 299, Chapter 7, Art. 33).

Costa Rica

   Except as provided for [...], an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry.

   An application [...] shall include evidence of

         (a) dumping,

         (b) injury [...] and

         (c) a causal link between the dumped imports and the alleged injury.

   Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirement of this paragraph.

   The application shall contain such information as is reasonably available to the applicant on the following:

         (i) identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant.

   Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

         (ii) a complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

         (iii) information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the importing country;

         (iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry [...].

   The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation.

   In addition to these provisions is another in Decree 24868-MEIC, which stipulates the following: The following are the formal requirements that must be met when filing an application with the investigating authority:

         a) Name of the authority with whom the application is filed;

         b) Identity of the party filing the application.

   In the case of legal representation, the corresponding documentation;

         c) Address for receiving notifications;

         d) An account of the facts and specific mention of the unfair trade practice in question;

         e) Petition, in clear language and consistent with the account of the facts reported;

         f) The other requirements stipulated in the WTO agreements;

         g) Place and date of the application, and

         h) Signature of the applicant or legal representative of the domestic industry or industry association.

   Once the application has been received, the applicant authority shall review it within the next 30 days to determine whether the requirements stipulated in these Regulations have been met.

   Once the application has been received, the investigating authority shall review it within the next 30 days to determine if it meets the requirements stipulated in these Regulations.

   If the finding is that the application is incomplete, the interested party shall be so notified within the next ten days, so that said party may, within the 30 days following notification, comply with the stipulated requirements.

   At the interested party's request, this deadline may be extended for another 30 days. If not done within the stipulated time period, the application shall be presumed abandoned and will be filed, although the case may be filed anew. If the interested party completes the information, the investigating authority shall take the measures called for under Article 11 of these Regulations within the next 15 days.

Dominican Republic

Ecuador

   A petition shall include sufficient proof of the existence of dumping or subsidies and demonstrate that such practices suppose/imply an injury to the domestic industry.

   Within five days from the date on which the petition is filed, the Ministerio de Industrias, Comercio, Integracion y Pesca will communicate with the interested party and will request, from the producer, the exporter or the government of the country involved , the necessary information for initiating and investigation.

El Salvador

   Authorized to petition that an investigation be initiated are the representatives of the national production branch of the product injured by the imports regarding which the investigation is requested and the associations of producers that feel they are being adversely affected or threatened by imports allegedly under unfair trade practices.

   The petition must be presented to the Investigating Authority and the following formal requirements must be met:

         a) Designation of the authority to whom the petition is presented;

         b) Information identifying the accuser. In the event legal representation is exercised, the corresponding documentation;

         c) Place for receiving notifications;

         d) An account of the facts and specific indication of the unfair trade practice;

         e) Petition in precise terms in keeping with an account of the facts;

         f) The other requirements established in the Agreements of the WTO;

         g) Place and date of the petition; and

         h) Signature of the petitioner or legal representative of the national production branch or corresponding association.

   Within 30 days after the petition has been received, the Investigating Authority shall proceed to review it to decide whether it meets the requirements set forth in the current Regulations.

   If the petition is found to be incomplete, the Investigating Authority shall inform the party concerned within the next 10 days so that the latter, within 30 days following the notification, may meet the requirements requested.

   At the request of the party concerned, this period may be extended for the same length of time.

   If this is not done during the period granted, the petition shall be given up and filed, without prejudice to the case's being brought up again.

   If the party concerned completes the information, the Investigating Authority shall proceed within the following 15 days in accordance with Article 11 of these Regulations. (Article 6 and Article 7 of the Central American Regulations on Unfair Trade Practices).

Guatemala

   Authorized to petition that an investigation be initiated are the representatives of the national production branch of the product injured by the imports regarding which the investigation is requested and the associations of producers that feel they are being adversely affected or threatened by imports allegedly under unfair trade practices.

   The petition must be presented to the Investigating Authority and the following formal requirements must be met:

         a) Designation of the authority to whom the petition is presented;

         b) Information identifying the accuser.

   In the event legal representation is exercised, the corresponding documentation;

         c) Place for receiving notifications;

         d) An account of the facts and specific indication of the unfair trade practice;

         e) Petition in precise terms in keeping with an account of the facts;

         f) The other requirements established in the Agreements of the WTO;

         g) Place and date of the petition; and

         h) Signature of the petitioner or legal representative of the national production branch or corresponding association.

   Within 30 days after the petition has been received, the Investigating Authority shall proceed to review it to decide whether it meets the requirements set forth in the current Regulations.

   If the petition is found to be incomplete, the Investigating Authority shall inform the party concerned within the next 10 days so that the latter, within 30 days following the notification, may meet the requirements requested.

   At the request of the party concerned, this period may be extended for the same length of time.

   If this is not done during the period granted, the petition shall be given up and filed, without prejudice to the case's being brought up again.

   If the party concerned completes the information, the Investigating Authority shall proceed within the following 15 days in accordance with Article 11 of these Regulations.

Honduras

   Authorized to petition that an investigation be initiated are the representatives of the national production branch of the product injured by the imports regarding which the investigation is requested and the associations of producers that feel they are being adversely affected or threatened by imports allegedly under unfair trade practices.

   The petition must be presented to the Investigating Authority and the following formal requirements must be met:

         a) Designation of the authority to whom the petition is presented;

         b) Information identifying the accuser. In the event legal representation is exercised, the corresponding documentation;

         c) Place for receiving notifications;

         d) An account of the facts and specific indication of the unfair trade practice;

         e) Petition in precise terms in keeping with an account of the facts;

         f) The other requirements established in the Agreements of the WTO;

         g) Place and date of the petition; and

         h) Signature of the petitioner or legal representative of the national production branch or corresponding association.

   Within 30 days after the petition has been received, the Investigating Authority shall proceed to review it to decide whether it meets the requirements set forth in the current Regulations.

   If the petition is found to be incomplete, the Investigating Authority shall inform the party concerned within the next 10 days so that the latter, within 30 days following the notification, may meet the requirements requested.

   At the request of the party concerned, this period may be extended for the same length of time.

   If this is not done during the period granted, the petition shall be given up and filed, without prejudice to the case's being brought up again.

   If the party concerned completes the information, the Investigating Authority shall proceed within the following 15 days in accordance with Article 11 of these Regulations.

Jamaica

   If an industry considers itself to be injured or threatened with injury as a result of imported goods which are regarded as having been dumped or subsidized, any individual acting on behalf of an industry in Jamaica may lodge a complaint with the Minister of Industry.

   The Minister will refer such complaint to the Antidumping Advisory Board ("Board") for investigation. (Sec. 16(1)).

   A complaint must contain sufficient evidence of the dumping or subsidy and must indicate the injury or threatened injury resulting therefrom. (Sec. 16(2)).

Mexico

   An investigation of unfair international trade practices (and safeguard measures) shall be initiated ex officio or at the request of an interested party -- a natural and legal person producing goods identical to or like the subject merchandise. (I/49).

   "The requesting parties must be representative of the domestic industry [at least 25% of the domestic production, per I/40], or be legally constituted organizations". (I/50 emphasis added).

   The request (petition) shall be submitted using the questionnaire issued by the Ministry, which shall include, inter alia, the following (II/75):

         
• Name or business name and domicile of the requesting party and, if applicable, his representative, accompanied by accrediting documents;
           
• Volume and value of domestic production of the identical or like product;
           
• "The legal basis of the request";
           
• Description of the imported product, with specifications and details showing its quality in comparison with the domestic product and other distinguishing details; the volume and value imported or intended to be imported based on the appropriate unit of measure and its tariff classification according to the schedule of the General Import Taxes Act;
           
• Name of the countries of origin or source of the product, as appropriate, and the name or the business name of the person or persons exporting or intending to export the product under unfair conditions to Mexico;
           
• Statement of the facts and data, accompanied by reasonably available evidence, on which the request is based;
           
• Indication of the difference between the normal value and the comparable export price or, if applicable, the effect of the subsidy on the export price;
           
• In the case of subsidies, information and facts concerning the unfair practice, the foreign governmental authority or body involved, the form of payment or transfers and the amount of the subsidy to the producer or foreign exporter of the product;
           
• Evidence which shows that the introduction of the goods concerned into the domestic market is causing or threatens to cause injury to the domestic industry.

Nicaragua

   Authorized to petition that an investigation be initiated are the representatives of the national production branch of the product injured by the imports regarding which the investigation is requested and the associations of producers that feel they are being adversely affected or threatened by imports allegedly under unfair trade practices. The petition must be presented to the Investigating Authority and the following formal requirements must be met:

         a) Designation of the authority to whom the petition is presented;

         b) Information identifying the accuser.

   In the event legal representation is exercised, the corresponding documentation;

         c) Place for receiving notifications;

         d) An account of the facts and specific indication of the unfair trade practice;

         e) Petition in precise terms in keeping with an account of the facts;

         f) The other requirements established in the Agreements of the WTO;

         g) Place and date of the petition; and

         h) Signature of the petitioner or legal representative of the national production branch or corresponding association.

   Within 30 days after the petition has been received, the Investigating Authority shall proceed to review it to decide whether it meets the requirements set forth in the current Regulations.

   If the petition is found to be incomplete, the Investigating Authority shall inform the party concerned within the next 10 days so that the latter, within 30 days following the notification, may meet the requirements requested.

   At the request of the party concerned, this period may be extended for the same length of time. If this is not done during the period granted, the petition shall be given up and filed, without prejudice to the case's being brought up again.

   If the party concerned completes the information, the Investigating Authority shall proceed within the following 15 days in accordance with Article 11 of these Regulations.

Panama

   The proceedings will be initiated by means of a complaint submitted by a duly authorized representative, in which the grounds or basis in fact or law are clearly indicated, and accompanied by evidence indicating the existence of imports characterized by unfair trade practices, significant injury or damage, or the threat of significant injury or damage, and a causal nexus.

   The complaint shall contain the following information, as a minimum:

         1. General information on the complainant.

         2. The complainant's domestic market share in respect of the product in question, relative to national production of goods intended for domestic consumption.

   The production sector in whose name the complaint is filed must be identified by means of a list of all domestic producers of identical or similar products, or of producer associations and, to the extent possible, a description of the volume and value of domestic production of identical or similar goods attributable to these producers;

         3. Detailed descriptions and customs clearance of the imported merchandise, specifying its quality relative to that of domestic production, and other identifying information;

         4. The volume and prices of imports characterized by unfair trade practices and their effect on the domestic products and producers concerned;

         5. The name and domicile of the importers, and, if known, the names of the exporters;

         6. Exporting country and country of origin;

         7. Subsidy or dumping margin and other information raising a presumption of unfair trade practices;

         8. Ascertainment of significant injury or harm, or the threat of significant injury or harm, based on the criteria contained in Chapter IV, Title III of this Act.

   Until such time as proceedings are initiated, the parties shall refrain from any public disclosure with regard to the complaint.

   Once the complaint has been received, it will be determined whether it meets the formal conditions established by this Act, and if so, the investigation will be initiated.

   In the event that the complaint does not meet the conditions stipulated in this Act or, if it does meet those conditions, the information presented is not clear, the complainant will be required, within a period of five working days as from the date of notification, to correct the complaint or to provide the relevant documents.

   If the complainant has not fulfilled this requirement within the time stipulated, the complaint will be dismissed and placed on file. (Article 150 & 151).

Paraguay

   The application shall contain at least the following:

         (a) identity of the applicant and a description, by applicant, of the volume and value of the domestic production of the like product. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of production of the like product accounted for by such producers;

         (b) a detailed description of the allegedly dumped or subsidized product;

         (c) volume and value of the domestic production of like products;

         (d) country of origin and export;

         (e) in the case of dumped imports, the export price and the prices at which the product is sold in the ordinary course of trade for consumption in the domestic market of the country of origin or export (or, where appropriate, the prices at which the product from the country or countries of origin or export to a third country is sold, or on the reconstructed value of the product);

         (f) in the case of subsidized imports, a detailed description of the type and amount of the subsidy, indicating the granting authority or agency and the applicable provision;

         (g) information on the evolution in the volume of imports, and their effects on prices of like products in the Paraguayan market;

         (h) determination of the injury caused by the dumped or subsidized imports, pursuant to the provisions of Articles 6 and 7 of this Decree;

         (i) offer of the relevant evidence that shows the existence of dumped or subsidized products and injury caused to the domestic industry, as well as the causal relationship between them;

         (j) names and addresses of the importers and exporters, if they are known. Once the application is received to begin an investigation, and without prejudice to the provision of Article 10 of this Decree, the Ministry of Industry and Commerce shall examine, within the following five working days, whether it meets the requirements referred to in Article 8.3 of this Decree.

   If the application does not meet the requirements which, in the view of the Ministry of Industry and Commerce, it is necessary to request additional information to be able to evaluate the application, the applicant will be so warned so that it might make the relevant corrections or contribute the information required, under reserve that if it is not done within the next 30 working days, the application shall be filed.

   If in the view of the Ministry of Industry and Commerce the application meets the requirements of Article 8.3 of this Decree, and no additional information is needed, it shall be evaluated within the time frame provided for at Article 12 of this Decree.

Peru

Santa Lucia

Trinidad and Tobago

   The Authority may initiate an investigation to determine the existence and effect of any alleged dumping or subsidizing of any goods at the direction of the Minister, on the Authority's own initiative or on receipt of a complaint filed in writing by or on behalf of an industry producing like goods, provided that the Authority shall not initiate an investigtion, where the members of such industry who support the complaint do not account for more production of the like goods in Trinidad and Tobago than do the members of any such industry who signify to the Authority in writing their opposition to the complaint.

   A complaint must be in the form approved by the Authority and should include allegations and facts that the goods have been or are being dumped or subsidized and that the dumping or subsidization has caused, is causing or is likely to cause material injury or has caused material retardation as well as a description of the goods. (Sec. 18(2)).

United States

   AD and CVD investigations may be self-initiated by Commerce, or initiated pursuant to a petition filed by an interested party on behalf of a domestic industry.

   A petitioner may be:

         (1) a manufacturer, producer, or wholesaler in the United States of a like product;

         (2) a trade or business association, a majority of whose members manufacture, produce or wholesale a domestic like product; or

         (3) a certified or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the U.S. of a domestic like product.

   A petition must be filed simultaneously with both Commerce and the ITC and must be accompanied by information reasonably available to the petitioner which supports the allegations contained in the petition, including:

         (1) the identity of the petitioner, all known domestic producers of the domestic like product, and each known exporter, foreign producer, and importer of the merchandise;

         (2) the volume and value of the domestic like product;

         (3) a description of the merchandise to be investigated;

         (4) the name of each country in which the merchandise originates or from which it is exported; and

         (5) information relating to injury.

   In addition, AD petitions must provide an estimate of the export price or constructed export price of the merchandise and the normal value of the merchandise.

   CVD petitions must include information describing the nature and, if available, the amount of the alleged subsidy provided.

Uruguay

Venezuela

   Any natural or legal person who produces in Venezuela goods identical or similar to those allegedly dumped or subsidized may submit to the Technical Secretariat of the Commission an application for the initiation of the corresponding investigation. (1992 Law, Art. 37).

   The Commission may also initiate an investigation ex officio when it considers that there are signs of such practices. (1992 Law, Art. 38).

   The application to initiate an investigation shall contain the following requisites:

         "1. The elements laid down in Article 49 of the Basic Law on Administrative Procedure;

         2. The name, specifications, characteristics, use or end-use of the foreign good concerned;

         3. The name, specifications, characteristics, use or end-use of the like good produced in Venezuela, together with its manufacturing cost, market price and production cost; and

         4. Any other facts or evidence proving the alleged dumping or subsidies, the injury and the causal relationship between them". (1992 Law, Art. 39.)

   "To the extent possible", the application shall also give the name and other information identifying the producer or producers of the allegedly dumped or subsidized good; information identifying the exporter or exporters of the said good to Venezuela, statistical data on such exports and their growth potential; the manufacturing cost and market price of the good concerned in the country of export to Venezuela and to third countries; information identifying the domestic producer or producers of the like good, as well as any other information considered useful in support of the application. (1992 Law, Art. 39).

   The 1993 Regulations, Arts. 61 through 68, elaborate on the information that is to be included: information on the normal value (with supporting documentation such as quotations, price lists, commercial invoices, etc.), the export price (confirmed by quotations, commercial invoices, price lists, where possible), the type of subsidy and the producer's entitlement to same (including the legal instrument conferring the subsidy), and evidence of injury based on the applicant's production for the past two years, its decreases in volume, market share, profits, and prices.