Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Review of Antidumping and Countervailing Duty Determinations
- Changed Circumstances Review
WTO Standard: The authorities shall review the need for the continued imposition of the duty, where warranted, on their own initiative or, provided that a reasonable period of time has elapsed since the imposition of the definitive duty, upon request by any interested party which submits positive information substantiating the need for a review. (footnote omitted) Interested parties shall have the right to request the authorities to examine whether the continued imposition of the duty is necessary to offset dumping/subsidization, whether the injury would be likely to continue or recur if the duty were removed or varied, or both. If, as a result of the review under this paragraph, the authorities determine that the anti-dumping/countervailing duty is no longer warranted, it shall be terminated immediately. (AD Agreement, Art. 11.2; SCM Agreement, Art. 21.2)
Argentina
Argentina directly applies the standards of the WTO Agreements.
Bolivia
Administrative decrees fixing definitive antidumping or countervailing duties may be modified provided that there are valid reasons for so doing.
The modification may be made ex officio at any time or at the request of an interested party one year after the duties were first imposed or last modified. Bi-ministerial Decision, Art. 44.
Brazil
No separate provisions. See description under annual reviews, for which a showing of change in circumstances is required. Art. 58; Art. 68.
Canada
At any time after the making of an order or finding, the Tribunal may, on its own initiative or at the request of the Deputy Minister of National Revenue or any other person or any government, review the order or finding and, in the making of the review, may re-hear any matter before deciding it.
Pursuant to section 76(2) of the Special Import Measures Act (SIMA), with respect to changed circumstances reviews, the Tribunal must be satisfied that information available to it discloses a reasonable indication of a change in circumstances relating to an essential element of the finding (e.g., the continued existence of the domestic industry).
On completion of a review, the Tribunal shall make an order rescinding the order or finding or continuing it with or without amendment, as the circumstances require, and give reasons for the decision.
Chile
The Commission may at any time, when in possession of information for so doing, recommend to the President of the Republic, that the measure in force be modified or repealed before it is due to expire.
In order to make such a recommendation, the Commission must have previously heard the views of the interested parties on the information which, in its opinion, makes it necessary to modify or repeal the measure adopted.
The interested parties shall be considered to have been heard ten working days after having been sent the corresponding communication transmitted by the Commission, whether or not they have made observations concerning the information brought to their attention. (Decree 575, Title 2, Art. 18).
Colombia
As from the first year of imposition of definitive duties in providing the conditions which led to the imposition of change, INCOMEX may, ex officio or upon application by an interested party, order the investigation to be reopened to review the duties.
The resolution ordering the investigation to be reopened shall, for procedural purposes, have the same status as the resolution adopting the preliminary decision.
In no case shall the period between the resolution on reopening and the resolution adopting the final determination exceed four months.
All definitive duties established shall remain in force during the review investigation. (Decree 299, Chapter 6, Art. 27).
Costa Rica
The authorities shall review the need for the continued imposition of the duty, where warranted, on their own initiative or, provided that a reasonable period of time has elapsed since the imposition of the definitive anti-dumping duty, upon request by any interested party which submits positive information substantiating the need for a review (the endnote is omitted). Interested parties shall have the right to request the authorities to examine whether the continued imposition of the duty is necessary to offset dumping, whether the injury would be likely to continue or recur if the duty were removed or varied, or both.
If, as a result of the review under this paragraph, the authorities determine that the anti-dumping duty is no longer warranted, it shall be terminated immediately.
Dominican Republic
Ecuador
El Salvador
After a measure has been adopted, it may be reviewed at any time during its implementation. Article 36 of the Central American Regulations on Unfair Trade Practices.
Guatemala
After a measure has been adopted, it may be reviewed at any time during its implementation. Article 36, CARUTP.
Honduras
After a measure has been adopted, it may be reviewed at any time during its implementation. Article 36, CARUTP.
Jamaica
Mexico
The same as the annual reviews, the review procedure begins officially or at the request of a concerned party, who must appear during the twelfth month after publication of the final decision, having participated in the procedure that gave rise to the final countervailing duty, or at the request of any producer, importer or exporter who, without having participated in such procedure, establishes legal interest under the terms of Articles 100, first paragraph, and 101 of the Regulations. The Secretariat issues forms for presentation of the petition for review of final countervailing duties, which must be duly answered by the parties concerned requesting such review. In accordance with the provisions of Article 101 of the Regulations, the party concerned may ask the following of the Secretariat in the petition: I. In the case of a foreign exporter or an importer of the goods in question: A. That the individual price discrimination margin be examined or considered, and B. If appropriate, that the countervailing duty be changed or lifted. II. If the petitioner is a national producer: A. That examination be made of the standard value and export price determined during a specific period, in the course of normal trade operations, with respect to one or several foreign exporters, and B. If appropriate, that the countervailing duty be confirmed or increased. Moreover, during the procedure the national producer may ask that an examination be made as to whether modification or lifting of the final countervailing duty would cause the damage or threat of damage to recur, for which purpose the producer has the obligation to provide the pertinent evidence. Within 30 days after presentation of the petition (Article 103 of the Regulations), the Secretariat must: I. Accept the petition and declare initiation of the review through the corresponding decision, which must be made known to the parties concerned. II. Ask the petitioner for further evidence or data, which must be provided within 30 days after receipt of the notice. If the material requested is provided satisfactorily, within 20 days the Secretariat shall proceed in accordance with the provisions in the preceding action. If it is not provided on time and does not constitute the items and data requested, the petition shall be abandoned and the petitioner shall be personally notified, or III. Dismiss the petition when suitable information or evidence that would justify it is not presented, and notify the petitioner personally. II. Publication of the decisions made in the review procedure. During the review procedure three decisions are announced: one on initiation, one preliminary, and another final. These must be published in the Official Daily Gazette of the Federation and must meet the requirements indicated in the Law and Regulations. In addition, in accordance with the provisions of Article 99 of the Regulations, the review procedure must be in keeping with matters related to conciliatory hearings, countervailing duties, commitments by exporters and governments, evidence, allegations, public hearings, technical meetings for information, notifications, verifications and other provisions common to procedures. III. Purpose of the review and duration of the countervailing duties. The final countervailing duties remain in effect for the time and to the extent they may be necessary to counteract the unfair practice that is causing damage or threat of damage to national production, as provided for in Article 67 of the Law. In the review procedure the parties may assume price commitments, ending the review (Articles 68 and 72 of the Law). During the review the parties concerned have the option to secure payment therefor. This security is made in the manner and under the terms provided for in the Fiscal Code of the Federation (Article 102 of the Regulations). If, upon reviewing the final countervailing duty, the Secretariat finds that such duty is no longer justified or that the price discrimination margin no longer exists, it must be lifted at once. Under the later assumption, the Secretariat must conduct an official review for three consecutive years during the anniversary month, as established in Article 105 of the Regulations. If the Secretariat finds from the review that the price discrimination margins have changed with relation to those having brought about the final countervailing duties, any new duties established must replace the former ones. Such duties are final and may be reviewed under the terms of the applicable legislation, as provided for in Article 106 of the Regulations.
Nicaragua
After a measure has been adopted, it may be reviewed at any time during its implementation. Article 36, CARUTP.
Panama
Paraguay
So long as a prudential period of at least one year has lapsed from the establishment of a definitive duty, the Ministry of Industry and Commerce, at the request of an interested party or upon its own initiative, so long as there is sufficient proof that eliminating the measures will probably give way to the continuation or repetition of the injury and of the dumping or subsidy, will initiate a review procedure aimed at examining the need to maintain the duty imposed.
As a result of the examination referred to in this Article, a determination will be made as to whether the duty imposed is still justified.
The Ministry of Industry and Commerce may decide to maintain, eliminate, or modify the duty, as is best advised by the examination.
In those cases in which it is determined that the duty is no longer justified, its immediate suppression should be ordered.
The procedure referred to in this Article shall be governed, for procedural purposes, by the provisions of this Decree.
Peru
Santa Lucia
Trinidad and Tobago
United States
A changed circumstances review is conducted if Commerce or the ITC receives information or a request from an interested party showing changed circumstances sufficient to warrant a review of a final determination or of a suspension agreement.
U.S. law provides that the party seeking revocation of an order based on changed circumstances has the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant such revocation.
Uruguay
Venezuela
Any interested party who submits evidence of a change in circumstances, sufficient to justify re-opening the proceeding under which definitive anti-dumping or countervailing duties were established, may request the Commission to re-open the investigation provided that at least one year has elapsed since the conclusion of the investigation.
The Commission shall decide within 30 working days whether to reopen the proceeding.
If the investigation is reopened, it shall be "in conformity with [the procedural provisions of the 1992 Law and [...] shall not affect the measures in force". (1992 Law, Art. 55).
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