Free Trade Area of the Americas - FTAA

 
Ministerial
Declarations
Trade Negotiations
Committee
Negotiating
Groups
Special
Committees
Business
Facilitation
Civil
Society
Trade&Tariff
Database
Hemispheric
Cooperation
Program

Home Countries Sitemap A-Z list Governmental Contact Points

 
 

Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere


  1. Steps of the Investigation

    1. Initiation of Investigation

      WTO Standard: ... an investigation to determine the existence, degree and effect of any alleged dumping or subsidization shall be initiated upon a written application by or on behalf of the domestic industry. (AD Art. 5.1; SCM Agreement, Art. 11.1) If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of the domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link [...] to justify the initiation of an investigation. (AD Agreement, Art. 5.6; SCM Agreement, Art. 11.6)


Argentina

   The cited standards of the WTO are applied. Articles 36, 37, 40, and 41 of Decree 2121/94 which are cited below, are of supplementary application on this subject, to the degree that they do not contradict the Agreement's provisions. Proceedings for the imposition of antidumping and countervailing duties are initiated through the Under Secretariat for Foreign Trade.

   Upon receipt of the application, the Under-Secretariat for Foreign Trade evaluates the formal admissibility of the application of whether the applicant is representative of the domestic industry within a period of 10 days, prior to which it is submitted to the National Commission for the latter to give its opinion.

   Once the conditions of admissibility are satisfied, the Under-Secretariat for Foreign Trade sends to the National Commission for Foreign Trade all elements of the application needed to determine the existence of injury. (Decree No. 2121/94, Art. 36).

   Once the formal admissibility of the application and the representative nature and legal capacity of the applicant have been established, the Under Secretariat for Foreign Trade and the National Commission must each decide on the grounds for opening the investigation within 35 days.

   Their conclusions are then submitted to the Secretary for Industry, Trade and Mining for a decision on the opening of the investigation which is decided upon within 10 days. (Id., Art. 37).

   The implementing authority has a time limit of 45 days from the date of acceptance of the application by the Under-Secretariat for Foreign Trade to decide on opening the investigation. (Id., Art. 40).

   The Secretariat for Trade, Industry and Mining of the Ministry of the Economy and Public Works and Services may in exceptional cases open the investigation ex officio when it has sufficient evidence to establish the existence of dumping or subsidization, injury and the causal relationship between the dumping or subsidization and injury. (Id., Art. 37).

   Once it has been decided to initiate an investigation, the implementing authority has a period of 10 days to publish its decision to open the investigation in the Boletin Oficial (Official Gazette).

   This notice must state the date of opening, the practice which is the subject of the investigation, the product under investigation, the country of origin or export, and any other information that the implementing authority considers appropriate. (Id., Art. 41).

Bolivia

   The MECE has 10 days in which to act upon a request to initiate an investigation.

   A preliminary view must be provided o the complaining party within this period.

   If the agency requests further information from the complaining party, that party has 20 days in which to provide it.

   The agency then has 20 days to review and evaluate the merits of the case as presented and if a positive finding results, the agency must launch a formal investigation through the issuance of a formal resolution (i.e., decision).

   The agency may initiate the procedure upon application by domestic producers or by any person accounting for a major proportion of the domestic industry, including trade and producers' associations, who consider themselves injured by imports of like products effected during the six (6) months prior to the application, or currently being effected, at dumped or subsidized prices. Bi-ministerial Decision, Art. 5.

Brazil

   The SECEX shall examine the petition initially to verify whether it has been duly filed or whether supplementary information is needed. The applicant shall be [informed] of the result of this examination within 20 days, counting from the date on which the petition was filed. (Dec. 1602/95 - Art. 19.caput, Dec. 1751/95 - Art. 26.caput). When supplementary information is requested, a new examination shall be carried out to verify whether new information is required or the petition has been duly filed. The applicant shall be informed of the result of this examination within 20 days of submission of the supplementary information. (Dec. 1602/95 - Art. 19.1, Dec. 1751/95 - Art. 26.1). After new information is submitted, where necessary, a new examination shall be conducted and the applicant shall be informed within 20 days, counting from the date of submission of this new information, whether the petition has been duly filed or whether it has been deemed definitively inadmissible. (Dec. 1602/95 - Art. 19.2, Dec. 1751/95 - Art. 26.2). The time-limits for submitting supplementary or new information shall be determined by the SECEX, depending on the nature of the information, and the applicant shall be notified thereof. (Dec. 1602/95 - Art. 19.3, Dec. 1751/95 - Art. 26.3).

   Once it is determined that the petition has been duly filed, the accuracy and adequacy of the evidence submitted in the petition shall be examined, on the basis of information from other readily available sources, to determine whether there are sufficient grounds for initiating an investigation. (Dec. 1602/95 - Art. 20.1, Dec. 1751/95 - Art. 28.1).

   The SECEX shall proceed to examine the degree to which the petition is or is not supported by the other national producers of like product, to determine whether the petition was made by or on behalf of the domestic industry. (Dec. 1602/95 - Art. 20.2, Dec. 1751/95 - Art. 28.2).

   In the case of an antidumping investigation, the governments of the countries exporting allegedly dumped products shall be informed of the existence of a duly filed petition before initiation of the investigation. (Dec. 1602/95 - Art. 23). In the case of an investigation into subsidies and countervailing measures, the governments of the exporting countries whose products could be investigated shall be invited to hold consultations before reaching a determination as to whether an investigation should be initiated, so that they may explain the situation and find a mutually satisfactory solution. (Dec. 1751/95 - Art. 27).

   The petition shall be denied if:

         a) there is not sufficient evidence of dumping or subsidies and injury, or a causal link between the two;

         b) the petition was not filed by or on behalf of the domestic industry;

         c) the domestic producers, who expressly support the petition, account for less than 25% of total production of like product by the domestic industry. (Dec. 1602/95 - Art. 21.1, Dec. 1751/95 - Art. 30.1).

   The applicant shall be informed of the affirmative or negative determination regarding the initiation of an investigation within 30 days (in the case of an antidumping investigation) or 50 days (in the case of an investigation into countervailing duties), counting from the date on which notification of the duly filed petition was sent. (Dec. 1602/95 - Art. 21.caput, Dec. 1751/95 - Art. 30.caput).

   In the event of an affirmative determination, the investigation shall be initiated and said determination published in the Diário Oficial da União.

   In the case of an investigation into dumping, the interested parties, including the governments of the exporting countries involved, shall be notified of the initiation of the investigation. In the case of an investigation into subsidies, the interested parties and governments shall be notified of initiation. (Dec. 1602/95 - Art. 21.2, Dec. 1751/95 - Art. 30.2).

   In exceptional circumstances, the Federal Government may ex-officio initiate an investigation, provided that there is sufficient evidence of the existence of dumping or subsidies and injury or a causal link between the two, justifying initiation of an investigation. (Dec. 1602/95 - Art. 24, Dec. 1751/95 - Art. 33).

Canada

   The Special Import Measures Act (SIMA) Subsection 31(1) provides that the Deputy Minister of National Revenue may, on his own initiative or within 30 days after giving written notice of a properly documented complaint, initiate an investigation if there is evidence that goods have been dumped or subsidized and there is a reasonable indication of injury, retardation, or threat of injury.

Chile

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

   Under special circumstances, the Commission may decide to initiate an investigation without having received a written petition submitted by the domestic industry or on its behalf. In this case, it shall proceed only if it has sufficient evidence of dumping, of injury and of a causal relationship between them, to justify initiation of an investigation. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   INCOMEX shall have a period of 20 working days from the date of dispatch of the notification of receipt to evaluate the application for an investigation to impose antidumping duties and may request and furnish evidence and information ex officio or at the request of a party to establish that there are grounds for initiating an investigation.

   The grounds for initiating a dumping investigation will depend on confirmation that the application is made on behalf of a major proportion of domestic industry, and adequate evidence of the existence of dumping or injury and the causal relationship between these two elements. (Decree 299, Chapter 7, Art. 34).

   In the case of a subsidy investigation INCOMEX shall, within five working days following the issue of receipt of the application, afford the authorities of the countries whose products are the subject of investigation an opportunity within a maximum period of one month, to consultations with the aim of clarifying the facts and arriving at a mutually agreed solution between the Colombian authorities and those of the country or origin or of export.

   Within the period of a month for consultations prior to initiation has elapsed, INCOMEX shall have a period of 20 working days to evaluate the grounds for the application for an investigation to impose countervailing duties with the aim of deciding on initiation.

   If, as a result of the consultations provided for in the previous paragraph, the solution mentioned therein is reached, INCOMEX shall refrain from initiating an investigation.

   The grounds for initiating a subsidy investigation will depend on confirmation that the complaint is made on behalf of a major proportion of domestic industry and adequate evidence of the existence of subsidization, injury and causal relationship between these two elements. (Decree 299, Chapter 7, Art. 35).

Costa Rica

   [...] 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.

   If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link [...] to justify the initiation of an investigation.

   Article 11 of Costa Rica's Decree 24868 stipulates the following:

   If the review to which Article 7 (of the Decree) refers is that sufficient evidence exists to justify initiation of an investigation, the investigating authority shall issue a resolution whereby it institutes the respective proceeding.

   That resolution must contain at least the following information:

         a) The name of the investigating authority that institutes the proceeding, as well as the date and place of the issuance of the resolution;

         b) A notation indicating that the application and accompanying documents are accepted;

         c) The corporate name or address and domicile of the domestic producer or producers of the like product;

         d) The country or countries of origin of the products that are allegedly the subject of the unfair trade practices;

         e) The motivation and basis of the resolution;

         f) A full description of the product that has been imported or is being imported under allegedly unfair trade practices;

         g) A description of the domestic like product identical to or significantly resembling the product imported under allegedly unfair trade practices;

         h) The deadline given the respondents and, where appropriate, to the foreign government or governments named to provide whatever evidence they deem appropriate and the place where they can file their allegations;

         i) The persons of whom pertinent information must be requested on the form that the investigating authority shall supply.

   The interested parties shall be notified of this resolution within ten days of its issuance and shall have thirty days as of the date following notification to lodge their objection.

   Article 13 of the Decree adds the following: The investigating authority shall notify the government of the country of origin or of export of the product being investigated that a request to initiate an investigation into unfair trade practices has been filed.

   This notification is to be made before the investigation is instituted.

Dominican Republic

Ecuador

   The Ministerio de Industrias, Comercio, Integracion y Pesca shall give priority to the convocation of meetings between the interested parties in the investigation with the objective of reaching a solution between them; and, will establish a time frame no greater than four months from the date of acceptance of the petition to complete the investigation and five working days for the convocation of a meeting of the Special Commission.

   The time frame of the investigation can be extended two months by the Special Commission, in which case, it could recommend the application of provisional or preventative measures

El Salvador

   If the review mentioned in Article 7 preceding leads to enough evidence to justify opening the investigation, the Investigating Authority shall issue a resolution initiating the corresponding investigative procedure.

   The resolution shall contain the following as a minimum:

         a) Identification of the Investigating Authority initiating the procedure, as well as the place and date of the decision;

         b) Indication that the petition and its accompanying documents have been accepted;

         c) Firm name and domicile of the national producer or producers of similar products;

         d) Country or countries of origin or source of the products alleged to be involved in the unfair trade practices;

         e) Reasons and grounds for the decision;

         f) Detailed description of the product that has been or is being imported under alleged unfair trade practices;

         g) Description of the national product similar to the product imported under alleged unfair trade practices;

         h) Time given to those accused and, if appropriate, to the foreign governments indicated, to provide the evidence they may deem suitable, as well as the place where they may present their pleading; and

         i) Determination of the individuals from whom the pertinent information is to be requested by means of the form the Investigating Authority is to provide.

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. (Article 11 of the Central American Regulations on Unfair Trade Practices).

Guatemala

   If the review mentioned in Article 7 preceding leads to enough evidence to justify opening the investigation, the Investigating Authority shall issue a resolution initiating the corresponding investigative procedure.

   The resolution shall contain the following as a minimum:

         a) Identification of the Investigating Authority initiating the procedure, as well as the place and date of the decision;

         b) Indication that the petition and its accompanying documents have been accepted;

         c) Firm name and domicile of the national producer or producers of similar products;

         d) Country or countries of origin or source of the products alleged to be involved in the unfair trade practices;

         e) Reasons and grounds for the decision;

         f) Detailed description of the product that has been or is being imported under alleged unfair trade practices;

         g) Description of the national product similar to the product imported under alleged unfair trade practices;

         h) Time given to those accused and, if appropriate, to the foreign governments indicated, to provide the evidence they may deem suitable, as well as the place where they may present their pleading; and

         i) Determination of the individuals from whom the pertinent information is to be requested by means of the form the Investigating Authority is to provide.

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object.

Honduras

   If the review mentioned in Article 7 preceding leads to enough evidence to justify opening the investigation, the Investigating Authority shall issue a resolution initiating the corresponding investigative procedure.

   The resolution shall contain the following as a minimum:

         a) Identification of the Investigating Authority initiating the procedure, as well as the place and date of the decision;

         b) Indication that the petition and its accompanying documents have been accepted;

         c) Firm name and domicile of the national producer or producers of similar products;

         d) Country or countries of origin or source of the products alleged to be involved in the unfair trade practices;

         e) Reasons and grounds for the decision;

         f) Detailed description of the product that has been or is being imported under alleged unfair trade practices;

         g) Description of the national product similar to the product imported under alleged unfair trade practices;

         h) Time given to those accused and, if appropriate, to the foreign governments indicated, to provide the evidence they may deem suitable, as well as the place where they may present their pleading; and

         i) Determination of the individuals from whom the pertinent information is to be requested by means of the form the Investigating Authority is to provide.

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object.

Jamaica

   Upon receipt of a complaint, the Board will determine whether there is sufficient evidence of the allegations.

   If the Board considers that there is not sufficient evidence to justify initiative an investigation, it will notify the complainant and the Minister. (Sec. 16(3)).

   If the Board considers that there is sufficient evidence to justify an investigation, it will publish a notice regarding the investigation in the Gazette and in a daily newspaper circulating in Jamaica. (Sec. 16(4)).

   The notice must contain the particulars of

         (1) the goods being investigated;

         (2) the country or countries in which the goods originated or from which they are exported;

         (3) a summary of the information received;

         (4) invite communication to the Board regarding the investigation; and

         (5) specify time periods which can be no longer than 90 days from the initiation of the investigation within which interested parties may present their views in writing to the Board or to hold hearings. (Sec. 16(5)).

   The Board must also notify the complainant, and the importers and exporters of the subject goods, and in a CVD investigation, it must notify the Government of the country involved. (Sec. 16(4)).

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).

   Within a period of 30 days following the submission of a request for investigation, the Ministry shall reject the request if it does not fulfil the requirements set forth in the Regulations, or ask the requesting party for further information which must be provided within a maximum of 20 days following receipt of the notification that more information is needed, or accept the request and declare the initiation of the investigation. (II/52).

Nicaragua

   If the review mentioned in Article 7 preceding leads to enough evidence to justify opening the investigation, the Investigating Authority shall issue a resolution initiating the corresponding investigative procedure.

   The resolution shall contain the following as a minimum:

         a) Identification of the Investigating Authority initiating the procedure, as well as the place and date of the decision;

         b) Indication that the petition and its accompanying documents have been accepted;

         c) Firm name and domicile of the national producer or producers of similar products;

         d) Country or countries of origin or source of the products alleged to be involved in the unfair trade practices;

         e) Reasons and grounds for the decision;

         f) Detailed description of the product that has been or is being imported under alleged unfair trade practices;

         g) Description of the national product similar to the product imported under alleged unfair trade practices;

         h) Time given to those accused and, if appropriate, to the foreign governments indicated, to provide the evidence they may deem suitable, as well as the place where they may present their pleading; and

         i) Determination of the individuals from whom the pertinent information is to be requested by means of the form the Investigating Authority is to provide.

   The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object.

Panama

   Proceedings are initiated by an affected party or, exceptionally, by the Commission itself when it has sufficient evidence of unfair trade practices, injury and causal nexus to justify an investigation.

   The initiation of an investigation on subsidies or dumping shall not prevent the completion of customs processing nor the granting of import visas by any other public agency.

   Proceedings shall be initiated ex oficio at every stage of the process, in accordance with the principles, inter alia, of due speed, efficiency, public disclosure, impartiality, and absence of formalism.

   The parties eligible to initiate proceedings are as follows.

         1. The national industry or production sector injured by the imports of products under investigation for unfair trade practices;

         2. Associations of producers considering themselves to be affected or threatened by imports characterized by unfair trade practices;

         3. The Commission.

   The request to initiate proceedings is considered to have been filed by the domestic industry or production sector, or on its behalf, when it is endorsed by domestic producers expressing support or opposition to the request, whose total production accounts for fifty percent (50%) or more of the total national industry or production of identical or similar products.

   The above notwithstanding, the investigation will be initiated when the domestic industry or production sector expressly endorsing the complaint represents twenty-five percent (25%) or more of total production of the identical or similar product produced by the domestic industry or production sector.

   The Tribunal or the Commission when so requested by the Tribunal, shall determine the degree to which the conditions indicated in the preceding paragraphs have been met by the use of statistical techniques.

   In the case of fragmented production sectors, composed of an excessively high number of producers, statistical sampling techniques may be used. (Articles 146, 147, 148 & 149).

Paraguay

   Except as provided for in paragraph 8.5 of this Article, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application to the Ministry of Industry and Commerce by or on behalf of the domestic industry.

   The domestic producers who represent the main part of the domestic industry deemed injured by dumped or subsidized imports of like products may apply to the Ministry of Industry and Commerce to request an investigation be initiated.

   An application shall be submitted according to the prerequisites established in the Guides prepared by the Ministry of Industry and Commerce and approved by the Commission, and shall contain the documentation required in such Guides and in the questionnaire that will be made available for this purpose. The application shall include evidence of

         (a) dumping,

         (b) injury, and

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

   If in special circumstances the Ministry of Industry and Commerce decides to initiate an investigation without having received a written application by or on behalf of the domestic industry for the initiation of such investigation, it shall proceed only if it has sufficient evidence of dumping, injury, and a causal link, as described in paragraphs 8.3 and 8.4 of this Decree, to justify the initiation of an investigation.

   When an application is made to initiate an investigation the purpose of which is to look into imports from any of the member countries of MERCOSUR, and after verification that the application meets the requirements established in this Decree, and that it is duly justified, the Government shall give notice to the exporting country, facilitating the mutual cognizance of the facts and consultations aimed at achieving a mutually satisfactory solution of the matter.

   When, in exceptional circumstances, it is decided to initiate an investigation without having received a written application submitted by the domestic industry or producers, the Ministry of Industry and Commerce only acts when there is sufficient evidence of dumping, of injury, or of threat to injury and of the causal nexus, as indicated in this Decree, which justifies the initiation of an investigation.

Peru

Santa Lucia

Trinidad and Tobago

   If the Authority decides to initiate an investigation, then a notice must be published in the Gazette.

   A notice of initiation must be given to the Government or Governments of the country or countries of the export of goods, the exporters and importers known by the Authority to have an interest in the subject goods, the complainant, and if necessary, the Government of the third country on behalf of whom the Minister is taking action. (Sec. 18(3) and Sec. 32).

   Before initiating an investigation into a complaint the Authority must satisfy itself that it has sufficient prima facie evidence of dumping or the giving of a subsidy, material injury or material retardation, and where applicable, a causal link between such imports and the alleged actionable injury and a causal link between such imports and the alleged actionable injury. (Sec. 18(5)).

   If the Authority decides not to initiate an investigation, then a written notice of reasons for the decision must be sent to the complainant, and in the case of subsidized goods, to the Government of the country of export. (Sec. 18(4)).

United States

   1. COMMERCE

   Upon receipt of a properly filed petition, Commerce conducts an examination of the accuracy and adequacy of the evidence provided in the petition in order to determine whether it contains the necessary information in support of petitioner's allegations.

   However, Commerce is only required to check the accuracy and adequacy of petition information based on "sources readily available".

   In addition, as a result of new standing provisions in the WTO Agreements and codified in the URAA, Commerce must determine whether the petition has been filed by or on behalf of the domestic industry producing a like product.

   If the petition does not establish on its face the support of those U.S. producers accounting for at least 50 percent of total U.S. production, Commerce must determine industry standing on the basis of polling or some other method.

   Under such circumstances, the Commerce Department may extend the period for initiating the investigation by 20 days. (See also discussion under "Standing" above).

   Once Commerce has determined the requisite industry support for the petition exists at the time of initiation of the investigation, the U.S. statute precludes any reconsideration of that determination.

   Within 20 days of receipt of the petition (or 40 days if polling is required), Commerce must publish in the Federal Register either a notice of "Dismissal of Antidumping/Countervailing Duty Investigation Petition" or a notice of "Initiation of Antidumping/Countervailing Duty Investigation".

   The latter notice signals the initiation of a formal investigation by the Commerce Department.

   2. ITC

   Upon receipt of a petition, the ITC must publish a notice of "Institution and Scheduling of Preliminary Phase Investigation" in the Federal Register.

   The ITC is not required to publish this notice within any specified deadline; however, the notice of institution will typically be published within a week of the date of the petition filing.

Uruguay

Venezuela

   Within five working days following receipt of an application, the Technical Secretariat of the Commission shall consider the documentation submitted in order to determine whether the application meets the requirements of [Article 39 of the 1992 Law).

   If so, it shall transmit the file to the Commission immediately.

   Otherwise, within the following three working days it shall inform the applicant in writing of any omissions or shortcomings and shall give the applicant 15 working days to rectify such omissions or shortcomings.

   The Technical Secretariat shall determine the sufficiency of the new information within three working days following submission and shall notify the applicant immediately.

   If the applicant does not provide the additional documentation required, the application shall not proceed. (1992 Law, Art. 40).

   If the Technical Secretariat considers that the application meets the requirements, it shall transmit the file to the Commission immediately.

   Within 10 working days following receipt of the file, the Commission shall decide whether to initiate an investigation.

   If it decides not to initiate an investigation, it shall give sufficient grounds for its decision and shall communicate it to the applicant immediately. (1992 Law, Art. 41).

   The Commission shall order initiation through a decision which specifies the good, the importers and exporters concerned, the country of origin or of export, as well as a summary of the other data referred to in Article 30.

   The decision to initiate "shall be notified to the applicant, and to the importers of the allegedly dumped or subsidized goods. In addition, an announcement containing an extract from the said decision shall be published in two (2) newspapers with broad national circulation to be indicated by the Technical Secretariat for this purpose. The announcement shall state the time-limit for the presentation of arguments and evidence laid down in Article 45 of [the 1992 Law]". (1992 Law, Art. 42).

 
countries sitemap a-z list governmental contact points