5. Review of Antidumping and Countervailing Duty Determinations
   3. Sunset Review

      WTO Standard: ... any anti-dumping or countervailing duty shall be terminated on a date not later than five years from its imposition (or from the date of the most recent review [...] if that review has covered both dumping or subsidization and injury [...] unless the authorities determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence of dumping or subsidization and injury. (footnote omitted) The duty may remain in force pending the outcome of such a review. (AD Agreement, Art. 11.3; SCM Agreement, Art. 21.3)

      Any such review shall be carried out expeditiously and shall normally be concluded within 12 months of the date of initiation of the review. (AD Agreement, Art. 11.4; SCM Agreement, Art. 21.4)

Argentina

   Argentina directly applies the standards of the WTO Agreements.

Bolivia

   The duration of countervailing or antidumping duties shall be two (2) years, which may be extended if the causes which gave rise to the duty persist and provided that there is a prior request by the interested parties.

   In dealing with the request for extension, the MECE shall entrust the Technical Secretariat with the following examinations:

         1. After the first two (2) years, there shall be a further examination of the margin of dumping or the amount of the subsidy. Depending on the findings of this new investigation, the amount of the antidumping or countervailing duty may be modified according to the provisions of these regulations.

   Such an evaluation shall be carried out again, upon request, after a further two (2) years;

         2. after give (5) years, there shall be a new evaluation of the injury or threat of injury and the margin of dumping or the amount of the subsidy, as well as of the causal relationship between them.

   If no request is made by the interested parties, the definitive duties shall lapse. Bi-ministerial Decision, Art. 43.

Brazil

   Generally, antidumping and countervailing duty orders shall terminate after 5 years. Art. 57; Art. 66.

   However, that period may be extended after a review. Such a review may be initiated by a properly supported petition filed by the domestic industry or on its behalf (or on the initiative of the Administração Pública Federal or SECEX) which demonstrates that the extinction of the duties would be very likely to lead to the continuation or recurrence of the dumping (subsidization) and the consequent injury. Art. 57-1; Art. 67.

   The petition must be filed five months prior to the termination of the order. Art. 57-2; Art. 67-1. In antidumping cases, the interested parties must request a hearing at that time if a hearing is desired. Art. 57-2.

   The review must be completed within 12 months. Notices of the initiation and completion of the investigation shall be published in the Diário Oficial da União and the interested parties notified. Art. 57-3; Art. 67-2.

   These provisions apply to price undertaking and commitments as well as Art. 57-5; Art. 67-3.

   The existing duties, undertakings, or commitments shall remain in force during the review. Art. 57-4; Art. 67-3.

Canada

   Special Import Measures Act (SIMA) subsection 76.(5) specifies that where the Tribunal has not initiated a review with respect to an order or finding before the expiration of five years,

         (a) the day on which the order or finding was made if no order continuing the order or finding has been made, or

         (b) the day on which the last such order was made if one or more orders continuing the order or finding have been made, the order or finding shall be deemed to have been rescinded as of the expiration of the five years.

   In determining whether an order or finding should be continued, the Tribunal must be satisfied that:

         1. there is a likelihood of a continuation/recurrence of dumping and/or subsidizing from the subject countries if the order/finding is rescinded; and

         2. the continuation/recurrence of dumping and/or subsidizing is likely to cause or continue to cause injury to the domestic industry.

   With respect to the issue of the likelihood of a continuation/recurrence of dumping and/or subsidizing, the Tribunal would consider such factors as, demonstrated propensity to dump, product pricing trends relative to other relevant economic indicators, and relevant data from Revenue Canada including the results of the most recent administrative review.

   In examining the issue of injury, the Tribunal would consider the volume, price effect, and industry impact factors set out in the WTO Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures, as well as changes to domestic industry and the domestic market.

Chile

   Chilean legislation does not provide for this type of review, since antidumping and countervailing duties apply for a maximum period of one year. (Art 10, Law 18,525).

Colombia

   There is no specific provision for a sunset review.

   However, an antidumping duty or countervailing duty shall remain in force for a maximum period of five years as long as the causes which gave rise to it persist. (Decree 299, Chapter 6, Art. 26).

Costa Rica

   [...] any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition (or from the date of the most recent review [...] if that review has covered both dumping and injury, or under this paragraph), unless the authorities determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and injury (the endnote is omitted).

   The duty may remain in force pending the outcome of such a review. [...] Any such review shall be carried out expeditiously and shall normally be concluded within twelve months of the date of initiation of the view.

Dominican Republic

Ecuador

El Salvador

   All final antidumping and countervailing duty measures must be reviewed in a period of five years from the date of the imposition of the preliminary determination and/or final determination.

   In exceptional circumstances, the measures can be extended without such a review if necessary to maintain the conditions that the measures were originally intended to protect. Article 36 of the Central American Regulations on Unfair Practices.

Guatemala

   All final antidumping and countervailing duty measures must be reviewed in a period of five years from the date of the imposition of the preliminary determination and/or final determination.

   In exceptional circumstances, the measures can be extended without such a review if necessary to maintain the conditions that the measures were originally intended to protect.

Honduras

   All final antidumping and countervailing duty measures must be reviewed in a period of five years from the date of the imposition of the preliminary determination and/or final determination.

   In exceptional circumstances, the measures can be extended without such a review if necessary to maintain the conditions that the measures were originally intended to protect.

Jamaica

Mexico

   In the event that over a five-year period as from its entry into force none of the parties concerned requests review of a final duty, and the Secretariat does not do so officially, in accordance with Article 70 of the Law, the final countervailing duty is lifted.

   To enforce the provisions of this article, the party concerned with elimination of the duty must appear before the Secretariat to ask it to make the corresponding declaration, or the Secretariat itself must do so officially.

   In both cases the Secretariat notifies the parties that five years have elapsed and the corresponding declaration is published in the Official Daily Gazette of the Federation under the terms of Article 109 of the Regulations.

Nicaragua

   All final antidumping and countervailing duty measures must be reviewed in a period of five years from the date of the imposition of the preliminary determination and/or final determination.

   In exceptional circumstances, the measures can be extended without such a review if necessary to maintain the conditions that the measures were originally intended to protect.

Panama

Paraguay

Peru

Santa Lucia

Trinidad and Tobago

United States

   After five years, AD and CVD orders must be terminated unless Commerce and the ITC determine that the expiration of the order would be likely to lead to the continuation or recurrence of dumping or subsidization and injury.

   Commerce will publish a notice of initiation of a sunset review no later than thirty days before the fifth anniversary of the order.

   A party interested in maintaining the order must respond to the notice with adequate information concerning the likely effects of revocation.

   Commerce must complete its investigation within 240 days of the initiation date, and the ITC within 360 days from the initiation date.

   In AD reviews, Commerce is to make its determination by considering the weighted average dumping margins in the investigation and subsequent reviews, the volume of imports of the subject merchandise for the period before and after the issuance of the AD order, and if good cause is shown, other economic factors including price, cost, market share, exchange rates, and production capacity.

   Commerce is to provide the ITC with the magnitude of the margin of dumping that is likely to prevail if the order is revoked.

   In CVD reviews, Commerce is to consider the net countervailable subsidy determined in the investigation and subsequent reviews, whether the relevant subsidy programs have been continued, modified, or eliminated, and, if good cause is shown, any allegations of new countervailable subsidies.

   The ITC is to make its injury determination by considering such factors as the likely volume, price effect, and impact of the subject imports on the industry if the order is revoked.

Uruguay

Venezuela

   Antidumping and Countervailing laws and committments will expire after five years from the date of entry into force or were last modified, unless it is considered that the expiration date of the antidumping or countervailing laws and committments would lead to a new injury or a threat of injury. (1992 law, Art. 57).