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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Methodologies/Definitions

    1. De Minimis Provsions


      a. Antidumping

      WTO Standard: An application [. . .] shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case. There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volume of dumped imports, actual or potential, or the injury, is negligible. The margin of dumping shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a percentage of the export price. The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less that 3 per cent of imports of the like product in the importing Member, unless countries which individually account for less than 3 per cent of the imports of the like product in the importing country collectively account for more than 7 per cent of imports of the like product in the importing country. (AD Agreement, Art. 5.8)

Argentina | Bolivia | Brazil | Canada | Chile | Colombia | Costa Rica | Dominican Republic | Ecuador | El Salvador | Guatemala | Honduras | Jamaica | Mexico | Nicaragua | Panama | Paraguay | Peru | Saint Lucia | Trinidad & Tobago | United States | Uruguay | Venezuela

 


Argentina

   The definition of a de minimis dumping margin applied by the authorities is that which is defined in the Agreement.

   Furthermore, the Decree does provide that, if at any time during an antidumping investigation, the Secretariat for Trade, Industry and Mining of the Ministry of the Economy and Public Works and Services concludes that there is not sufficient evidence of dumping or injury, or that the margin of dumping or the volume of actual or potential imports are negligible, the investigation shall be terminated immediately. (Decree No. 2121/94, Art. 48).

Bolivia

   Margins of dumping less than 2 percent of normal value shall be disregarded. Art. 26.

   Imports whose volume is less than 1 percent of total domestic consumption shall be considered de minimis or negligible.

   Bi-ministerial Decision, Art. 33.

Brazil

   The margin of dumping shall be considered de minimis if it is less than two percent of the export price. Art. 14-7.

   The volume of dumped imports from an individual country shall normally be considered as negligible if the volume of dumped imports account for less than three percent of imports of the like product in Brazil, unless countries which individually account for less than 3 percent of the imports of the like product in Brazil collectively account for no more than 7 percent of imports of the like product in Brazil. (Dec. 1602/95 - Art. 14.3).

Canada

         (a) De Minimis Dumping Margin

   For purposes of calculating dumping margins, section 2 of the SIMA defines insignificant as a margin of dumping that is less than two percent of the export price of the goods.

         (b) Negligible Imports

   The SIMA subsection 2.(1) specifies that negligible means, in respect of the volume of dumped goods of a country, (a) less than three percent of the total volume of goods that are released into Canada from all countries and that are of the same description as the dumped goods, except where the total volume of dumped goods of three or more countries, each of whose exports of dumped goods into Canada is less than three percent of the total volume of goods referred to in paragraph (a), is more than seven percent of the total volume of goods referred to in paragraph (a), the volume of dumped goods of any of those countries is not negligible.

   With respect to subsidized goods from developing countries, subsection 42(4) requires the Tribunal to take into account the provisions of paragraph 12 of Article 27 of the Subsidies Agreement.

Chile

   The Commission shall reject a petition and terminate the investigation without delay, if it finds that the evidence of dumping or of injury is insufficient to justify continuation of the proceedings. Where the Commission determines that the margin of dumping is de minimis, or that the volume of actual or potential imports of dumped goods or the degree of injury is insignificant, it shall terminate the investigation immediately. The margin of dumping shall be deemed de minimis if it less than 2 per cent, expressed as a percentage of the export price. The volume of imports of dumped goods will normally be deemed insignificant if it is determined that shipments from a given country represent less than 3 per cent of the imports of like goods into Chile, except where those countries that individually represent less than 3 per cent of imports of like goods into Chile account collectively for more than 7 per cent of such imports. (Supreme Decree No. 16. Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   An investigation may be concluded at any time, among other reasons, when the margin of dumping is de minimis or the volume of imports is insignificant.

Costa Rica

   An application [...] shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case.

   There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volume of dumped imports, actual or potential, or the injury, is negligible.

   The margin of dumping shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a percentage of the export price.

   The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than 3 per cent of imports of the like product in the importing country unless countries which individually account for less than 3 per cent of the imports of the like product in the importing country collectively account for more than 7 per cent of imports of the like product in the importing country.

   In addition to this provision, Costa Rica also has Article 17 of Decree 24868-MEIC, dated January 31, 1996, which stipulates the following:

   The investigation shall be terminated if it is found that the margin of dumping or the amount of the subsidy is de minimis or that the volume of the imports or the injury is negligible.

Dominican Republic

Ecuador

   The following criteria shall be taken into account:

         1. In the case of dumped imports, the following shall be considered eligible:

                   
  • The volume of dumped imports from a particular country accounting for less than 3 per cent of imports of that product.
                   
  • The volume of dumped imports from countries which individually account for less than 3 per cent of the imports of the like product and collectively represent less than 7 per cent of those imports.

         2. In the case of subsidized imports, the following shall be considered negligible:

                   
  • The volume of subsidized imports from a particular developed country accounting for less than 3 per cent of total imports of that product.
                   
  • The volume of subsidized imports from developed countries which individually account for less than 3 per cent of imports of the like product and collectively represent less than 7 per cent of those imports.
                   
  • The volume of subsidized imports from a particular developing country accounting for less than 4 per cent of total imports of that product.
                   
  • The volume of imports from developing countries which individually account for less than 4 per cent of imports of the like product and collectively represent less than 9 per cent of those imports.

         3. A margin of dumping of less than 2 per cent, expressed as a percentage of the export price, shall be considered de minimis.

         4. Subsidies granted to the investigated product shall be considered de minimis if their global level calculated on a per unit basis is less than:

                   
  • 1 per cent of the value of the product in the case of imports originating in developed countries;
                   
  • 2 per cent in the case of imports originating in developing countries;
                   
  • 3 per cent in the case of imports originating in the developing countries referred to in Article 27.11 of the Agreement on Subsidies and Countervailing Measures of the World Trade Organization.

El Salvador

   There is no specific provision but El Salvador applies the rules in accordance with the WTO Antidumping Agreement.

Guatemala

   The CARUTP applies the WTO standard.

Honduras

   The CARUTP applies the WTO standard.

Jamaica

(1) Where at any time before making a preliminary determination in an investigation relating to the dumping or subsidizing of goods

         (a) the Commission is satisfied, in respect of some or all of those goods that

               (i) there is insufficient evidence of dumping to justify proceeding with the investigation in relation thereto; or

               (ii) the margin of dumping is de minimis or that the volume of dumped imports actual or potential, or the injury, is negligible;

         (b) the Commission comes to the conclusion, in respect of some or all of those goods, that the evidence does not disclose a reasonable indication that the dumping or subsidizing thereof has caused or is likely to cause material injury, the Commission shall act in accordance with subsection (2).

(2)The Commission shall

         (a) cause the investigation to be terminated with respect to the goods in respect of which it is satisfied as mentioned in subsection (1)(a) or has come to the conclusion referred to in subsection (1)(b); and

         (b) cause notice of the termination to be given and published as provided in section 25.

   For the purposes of subsection (1)(a) the margin of dumping shall be considered to be de minimis if it is less than two per cent, expressed as a percentage of the export price; (b) the volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than three per cent of imports of the like product in Jamaica, unless countries which individually account for less than three per cent of imports of the like products collectively account for more than seven per cent of imports of the like product.

Mexico

   The Law and the Regulations do not expressly establish which de minimis margins are to be observed by the Secretariat.

   Nevertheless, in view of the contents of item 2.I.B of this document, the Secretariat must observe the provisions of Article 5.8 of the Antidumping Agreement (2%) and Article 11.9 of the GATT Agreement on Subsidies (1%).

Nicaragua

   The CARUTP applies the WTO standard.

Panama

   The subsidy or subsidization will be considered de minimis when it amounts to less than one percent (1%) ad valorem. If the good is imported from a developing country member of the World Trade Organization, a subsidy of up to two percent (2%) ad valorem, computed on a unit basis, will be allowed.

   Moreover, a subsidized good that is imported from a developing country member of the World Trade Organization will be considered insignificant when the volume of subsidized imports represents less than four percent (4%) of total imports of an identical or similar good unless the volume of imports of the good from such developing country which individually account for less than four percent (4%) of the total, together represent more than nine percent (9%) of imports of the identical or similar good.

   When the subsidization or dumping is found to be de minimis, or when the subsidized goods or goods subject to dumping are imported in an insignificant volume as specified in the two preceding articles, the investigation will be considered terminated without the need to impose protective measures of any kind.

Paraguay

Peru

   Where the Commission determines that the margin of dumping or the amount of the subsidy is de minimis, or that the injury or threat of injury is negligible, it shall terminate the investigation.

   The margin of dumping shall be considered to be de minimis if it is less than 8 per cent expressed as a percentage of the export price.

   In the case of subsidies, the amount of the subsidy shall be considered de minimis if it is less than 3 per cent of the ad valorem f.o.b. price.

Santa Lucia

Trinidad and Tobago

United States

   In the investigation phase of an antidumping proceeding, the dumping margin is considered de minimis if Commerce determines that the overall weighted-average margin is less than 2% ad valorem.

   During the administrative review phase, Commerce applies a 0.5% de minimis dumping margin standard, which was the de minimis standard applied under pre-URAA law.

   Imports from a country are considered negligible if they account for less than 3% of the volume of all imports of the subject merchandise corresponding to the domestic like product and if imports from all countries accounting for less than 3% do not exceed 7% of total imports.

   When the Commission finds imports from a country to be negligible, the investigation concerning that country is terminated.

Uruguay

   The margin of dumping shall be considered to be de minimis if it is less than 2 per cent, expressed as a percentage of the export price. Without prejudice to closure ordered at the request of the applicant, the investigation shall conclude with an interministerial resolution that does not give rise to the application of anti-dumping duties when:

         (a) There is insufficient evidence of dumping or injury;

         (b) the margin of dumping is de minimis, within the meaning of the last paragraph of Article 22;

         (c) the volume of dumped exports, actual or potential, or the injury caused, is negligible within the meaning of Article 21.

Venezuela

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