Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Steps of the Investigation
- Briefs
WTO Standard: No specific provision.
Argentina
As a complement to the required information in the questionnaires, the parties concerned can give additional information and the competent authority will use them to the degree that they are pertinent to the investigation.
Bolivia
No statutory provision.
Brazil
Additional or supplementary information may be requested or accepted in writing throughout the investigation. The time-limit for providing the information requested shall be set based on the nature of the information and may be extended by means of a duly justified request. The time-limits of the investigation shall be taken into account with regard to requesting information and considering any additional information submitted. (Dec. 1602/95 - Art. 27.2, Dec. 1751/95 - Art. 37.2).
Canada
After the commencement of the inquiry, the Canadian International Trade Tribunal's staff will issue questionnaires requesting information from interested parties including domestic producers and importers.
The interested parties will subsequently provide additional information through their submissions filed with the Tribunal.
With respect to an injury inquiry, the Tribunal may, at any time, direct any party to an inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material:
a) a written submission with respect to such matters as the Tribunal directs;
b) a statement of the evidence adduced or to be adduced by the party;
c) the documentary evidence that the party wishes to file; and
d) a description of any exhibit in other than documentary form the party intends to adduce at the inquiry (Tribunal Rules 60(1)).
Chile
There is not statutory provision pertaining to the filing of briefs.
Colombia
In the requirements for a request for an investigation, established in Article 32, paragraph 11 of Decree 299/95, petitioners must identify the confidential documentation and present a summary or nonconfidential version of said documentation.
The second paragraph of Article 43 of Decree 299/95 establishes that persons submitting confidential documents must send nonconfidential summaries of them.
If INCOMEX believes that the documents submitted as confidential documents are not actually confidential, it shall ask the party who submitted them to remove that confidentiality, or it shall ask said party to indicate the reasons why it has refrained from doing so in a written letter addressed to INCOMEX.
Costa Rica
There is no provision on this matter.
Dominican Republic
Ecuador
El Salvador
For the case of products originating from Central America, after the application is processed in accordance with the preceding chapter, with notification of the resolution to which the last paragraph of the preceding article refers, the investigating authority, within the same term indicated there, shall remit to the SIECA (Permanent Secretariat of the General Treaty of Central American Economic Integration) a summary of the case so that SIECA might notify the other states and convene the Executive Committee to take up the matter.
Guatemala
Honduras
Jamaica
In its initiation notice, the Board will specify a specific time period within which interested parties may present their views in writing to the Board. (Sec. 16(5)(e)).
Mexico
The Ministry shall appoint a period for pleadings following the period for the presentation of evidence to permit the interested parties to make their submissions.
The Ministry's decisions to accept a given piece of evidence shall not be open to appeal during the proceedings. (I/82).
Nicaragua
Panama
Paraguay
Peru
Santa Lucia
Trinidad and Tobago
The Authority will ensure that all interested parties are given reasonable opportunity to present in writing all evidence relevant to the investigation. (Sec. 19(a)).
United States
1. COMMERCE
Interested parties are given the opportunity to file affirmative and rebuttal briefs with Commerce.
Only those arguments included in the written legal briefs may be raised at the public hearing.
2. ITC
In the preliminary phase investigation, any party may submit a written brief containing information and arguments pertinent to the injury investigation by the date specified in the ITC's notice of institution of the investigation.
The date is usually a few days after the preliminary conference.
Briefs may also contain responses to questions posed by Commission staff at the conference.
In the final phase investigation, interested parties may submit a pre-hearing brief no later than four days prior to the hearing date specified in the notice of institution of the final phase investigation.
The briefs present a party's case and include information and arguments which the party believes relevant to the ITC's injury determination.
Any interested party may also file a post hearing brief concerning the information generated at or after the hearing.
Post hearing briefs may also include response to questions posed by the ITC Commissioners at the hearing. Parties may also submit final comments on any information disclosed to them after they have filed their post hearing brief.
Uruguay
Venezuela
The applicant, importers and exporters involved in an investigation and other interested parties may present their arguments in writing to the Technical Secretariat within sixty working days from the date of initiation of the investigation. (1992 Law, Art. 45).
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