Trinidad & Tobago

I. Legal Authority to Impose Antidumping and Countervailing Duties

A. Treaties or Agreements

Article VI of the GATT 1995, the WTO Antidumping Agreement ("AD Agreement") and the Agreement on Subsidies and Countervailing Measures ("SCM Agreement").

These Agreements apply to all WTO signatories.

B. Legislation

   Trinidad and Tobago applies Act No. 11 of 1992, also known as the "Anti-Dumping and Countervailing Duties Act of 1992" as well as Act No. 23 of 1995 - Act (I) to amend the Anti-Dumping and Countervailing Duties Act of 1992.

C. Regulations

   Trinidad and Tobago has regulations made effective by Legal Notice No. 25, RE: the Anti-Dumping and Countervailing Duties Regulations, 1996.

   Authorities responsible for conducting investigations remains the same.

D. Administrative Practice, Handbook or Guide

II. Authorities Responsible for Conducting Investigations

A. Injury

         (1) investigating the existence, degree and effect of the alleged dumping or subsidy of any goods;

         (2) ascertaining whether any imported goods cause or threaten to cause material injury to any industry in Trinidad and Tobago;

         (3) submitting findings to the Minister as to the margin of dumping or the nature and amount of a subsidy; and

         (4) making recommendations to the Minister regarding determinations. (Sec. 17).

   The Authority is designated by the Minister of Trade, who may provide the Authority the services of such persons and other facilities as seen necessary. (Sec. 16.).

B. Antidumping and Countervailing Duties

   The Anti-Dumping Authority ("Authority") is responsible for

         (1) investigating the existence, degree and effect of the alleged dumping or subsidy of any goods;

         (2) ascertaining whether any imported goods cause or threaten to cause material injury to any industry in Trinidad and Tobago;

         (3) submitting findings to the Minister as to the margin of dumping or the nature and amount of a subsidy; and

         (4) making recommendations to the Minister regarding determinations. (Sec. 17).

   The Authority is designated by the Minister of Trade who may provide the Authority the services of such persons and other facilities as seen necessary. (Sec. 16).

III. Methodologies/Definitions

A. Like Product

   "Like goods", in relations to goods under consideration, means goods that are identical in all respects to the goods under consideration or that, although not alike in all respects to the goods under consideration, have characteristics closely resembling those of the goods under consideration. (Sec. 3(1)).

B. Domestic Producers

   The "industry" in relation to any goods, means such Trinidad and Tobago producers of like goods whose collective output constitutes at least twenty five percent of the Trinidad and Tobago production of such like goods, except that:

         (a) where certain Trinidad and Tobago producers of like goods are associates of the exporters or importers or are themselves importers of the relevant goods, the Minister may make a determination that such producers shall not be taken into account in applying for foregoing definition; and

         (b) Trinidad and Tobago may, for the production in question, be divided into two competitive markets and all or almost all the producers within one such market regarded as the industry, if the producers within such market sell all or almost all their production of the goods in question in that market and the demand in that market is not to any substantial degree supplied by producers of the goods in question located elsewhere in Trinidad and Tobago. (Act No. 23 of 1995).

C. Standing

   The Anti-Dumping Authority may initiate an investigation upon application by a producer or producers of like goods accounting for at least 25% of the Trinidad and Tobago production of such like goods.

D. Polling

E. Normal Value

   Normal value is the price paid for like goods sold in the ordinary course of trade for home consumption in the country of export in sales that are arm's length transactions by the exporter or, if like goods are not sold by the exporter, by other sellers of like goods. (Sec. 12(1)).

   In order to maintain a fair comparison, the Minister will compare the normal value and the export price

         (1) at the same level of trade;

         (2) in respect of sales made at the same time as nearly as possible; and

         (3) with due allowance made as appropriate for any differences in terms and conditions of sales, differences in taxation, and any other differences which affect price comparability. (Sec 12(7)).

   If the normal value of goods exported or intended to be exported to Trinidad and Tobago cannot be determined because

         (1) an absence of sales that would be relevant for the purpose of determining a price;

         (2) the sales in the relevant market are not suitable for use in determining a price;

         (3) like goods are not sold in the ordinary course of trade in the home market for home consumption in the country of export in sales that are arm's length transactions by the exporter, then normal value is determined by the sum of an amount determined by the Ministers as the cost of production of the subject goods in the country of export. (Sec. 12(2) and 12(3)).

   This amount would include a reasonable amount for administrative and selling costs, delivery charges, the rate of profit, and other charges incurred in the sale. (Sec. 12(3)(b)).

   Normal value may also be the price that is representative of the price paid in sales of like goods being sold at arm's length in the ordinary course of trade in the country of export for export to a third country. (Sec. 12(4)).

   In this situation, normal value may be the highest price paid for such like goods. (Id.)

   If the Minister determines that it is inappropriate to ascertain the normal value of goods because the government of the exporting country

         (1) has a monopoly, or substantial monopoly, of the trade of the country and

         (2) determines or substantially influences the domestic price of goods in that country, then the Minister may determine normal value as

               (1) a value equal to the price of like goods produced in a third country determined by the Minister and sold at arm's length transactions for home consumption in the ordinary course of trade in that third country; or

               (2) a value equal to the price of those like goods which are produced in a third country and sold for export from that country to another country in the ordinary course of trade when that price is representative of the price paid in such sales of the like goods; or

               (3) a value equal to the sum of the cost of production, amounts for administrative and selling costs, delivery charges, rate of profit, and other charges necessarily incurred in the selling of the like goods which are produced in a third country and sold for home consumption in the ordinary course of trade in that country. (Sec. 12(5) and 12(6)).

F. Calculation of Cost of Production

   If the normal value of goods exported or intended to be exported to Trinidad and Tobago cannot be determined because

         (1) an absence of sales that would be relevant for the purpose of determining a price;

         (2) the sales in the relevant market are not suitable for use in determining a price;

         (3) like goods are not sold in the ordinary course of trade in the home market for home consumption in the country of export in sales that are arm's length transactions by the exporter, then normal value is determined by the sum of an amount determined by the Ministers as the cost of production of the subject goods in the country of export. (Sec. 12(2) and 12(3)).

   This amount would include reasonable amount for administrative and selling costs, delivery charges, the rate of profit, and other charges incurred in the sale. (Sec. 12(3)(b)).

G. Export Price

   The export price of any goods exported or intended to be exported to Trinidad and Tobago which have been purchased by the importer from the exporter as an arm's length transaction is the price paid or payable for the goods by the importer. (Sec. 13(1)).

   If the purchase of the goods by the importer was not an arm's length transaction, and the goods are subsequently sold by the importer in the condition in which they were imported to a person who is not an associate of the importer, then the export price is the price at which the goods were sold less the sum of the following amounts:

         (1) the amount of any duties and taxes imposed;

         (2) the amount of any costs, charges or expenses arising in relation to the goods after exportation;

         (3) the amount of the profit, if any, on the sale by the importer or, where the Minister so directs, an amount calculated in accordance with such rate as the Minister specifies as the rate of profit on the sale by the importer having regard to the rate of profit that would normally be realized on sales of goods of the same general category by the importer, where such sales exists. (Sec. 13 (1)(b)).

H. Export Price - Adjustments

   The export price paid by the importer at an arm's length transaction does not include any part of that price that represents costs, charges, and expenses incurred in preparing the goods for shipment to Trinidad and Tobago or arise after their shipment from the country of export that are additional to those costs, charges, and expenses on sales for home consumption. (Sec. 13 (1)(a)).

   If the purchase of the goods was not an arm's length transaction, and the goods were subsequently sold by the importer to a person who was not an associate of the importer, then the price at which the goods were sold by the importer to that person is less than the sum of the following amounts:

         (1) any imposed duties;

         (2) costs, charges, or expenses arising in relation to the goods after exportation; and

         (3) rate of profit. (Sec. 13(1)(b)).

I. Injury

   Material injury means, in respect of the dumping or subsidizing of any goods, material injury to the production in Trinidad and Tobago of like goods. (Sec. (3)(1)).

J. Threat of Injury

   The law does not appear to provide standards or criteria for determining whether there is a threat of material injury.

K. Material Retardation

   Material retardation means, in respect of the dumping or subsidizing of any goods, material retardation of the establishment of the production in Trinidad and Tobago of like goods. (Sec. (3)(1)).

L. Cumulation

M. De Minimis Provision

1. Antidumping

2. Countervailing

N. Margin of Dumping

   Margin of dumping or dumping margin in relation to an article means the amount, if any, by which the normal value of such article exceeds the price at which it is exported.

O. Subsidy Rate

   A Subsidy shall be subject to countervailing measures only if it is specific to an enterprise.

   The following subsidies are deemed to be specific:

         (a) subsidies contingent, in law or in fact, whether solely or as one of several other conditions, upon export performance; and

         (b) subsidies contingent, whether solely or as one of several other conditions, upon the use of domestic over imported goods.

IV. Steps of the Investigation

A. Petition Filing

   The Authority may initiate an investigation to determine the existence and effect of any alleged dumping or subsidizing of any goods at the direction of the Minister, on the Authority's own initiative or on receipt of a complaint filed in writing by or on behalf of an industry producing like goods, provided that the Authority shall not initiate an investigtion, where the members of such industry who support the complaint do not account for more production of the like goods in Trinidad and Tobago than do the members of any such industry who signify to the Authority in writing their opposition to the complaint.

   A complaint must be in the form approved by the Authority and should include allegations and facts that the goods have been or are being dumped or subsidized and that the dumping or subsidization has caused, is causing or is likely to cause material injury or has caused material retardation as well as a description of the goods. (Sec. 18(2)).

B. Initiation of Investigation

   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)).

C. Issuance of Questionnaire

   The Authority before initiating an investigation shall hold a preliminary hearing of all interested persons and such experts and other witnesses as it thinks fit and require any of those persons to complete a questionnaire.

   Questionnaires may also be issued after a decision is taken to initiate an investigation.

D. Response to Questionnaire

   The Authority shall allow thirty days or such longer period as it thinks fit in which to provide the information requested.

E. Preliminary Determination

1. Injury

   Within three months after an investigation has been initiated, the Minister must make a preliminary determination on the basis of the information made available during the investigation. (Sec. 24(1)).

   The preliminary determination must be published in the Gazette. (Sec. 24(2) and Sec. 32(c)).

   A notice of the Authority's preliminary determination 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. 32).

   If the Minister determines that such action is necessary to prevent material injury being caused during the period of investigation, then the Comptroller will be given notice that payment of provisional duty in respect to the subject goods should be made or secured by a bond, or by a deposit of cash. (Sec. 25(2)).

   At any time before the preliminary or final determination and upon the recommendation of the Authority where the Minister is satisfied that there is insufficient evidence of dumping, subsidizing or injury, then the Minister may direct the Authority to terminate the investigation and give notice of termination. (Sec. 23(2)).

   The Authority may suspend or terminate an investigation upon receipt of a written request on behalf of an industry at whose instance the investigation was initiated or where the margin of dumping or the amount of subsidy on the goods or the actual or potential volume of dumped or subsidized goods is negligible. (Sec. 23(5)).

2. Antidumping

   Within three months after an investigation has been initiated, the Minister must make a preliminary determination on the basis of the information made available during the investigation. (Sec. 24(1)).

   The preliminary determination must be published in the Gazette. (Sec. 24(2) and Sec. 32(c)).

   A notice of the Authority's preliminary determination 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. 32).

   If the Minister determines that such action is necessary to prevent material injury being caused during the period of investigation, then the Comptroller will be given notice that payment of provisional duty in respect to the subject goods should be made or secured by a bond, or by a deposit of cash. (Sec. 25(2)).

   At any time before the preliminary or final determination, where the Minister is satisfied that there is insufficient evidence of dumping or subsidies and injury, the Minister may direct the Authority to terminate the investigation and give notice of termination. (Sec. 23(2)).

   The Authority may suspend or terminate an investigation upon receipt of a written request on behalf of an industry that filed the petition requesting initiation of an investigation or where the margin of dumping or the amount of subsidy on the goods or the actual or potential volume of dumped or subsidized goods is negligible. (Sec. 23(5)).

3. Countervailing

   Within three months after an investigation has been initiated, the Minister must make a preliminary determination on the basis of the information made available during the investigation. (Sec. 24(1)).

   The preliminary determination must be published in the Gazette. (Sec. 24(2) and Sec. 32(c)).

   A notice of the Authority's preliminary determination 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. 32).

   If the Minister determines that such action is necessary to prevent material injury being caused during the period of investigation, then the Comptroller will be given notice that payment of provisional duty in respect to the subject goods should be made or secured by a bond, or by a deposit of cash. (Sec. 25(2)).

   At any time before the preliminary or final determination, where the Minister is satisfied that there is insufficient evidence of dumping, subsidizing or injury, then the Minister may direct the Authority to terminate the investigation and give notice of termination. (Sec. 23(2)).

   The Authority may suspend or terminate an investigation upon receipt of a written request on behalf of an industry at whose instance the investigation was initiated or where the margin of dumping or the amount of subsidy on the goods or the actual or potential volume of dumped or subsidized goods is negligible. (Sec. 23(5)).

F. Conduct Verification

1. Antidumping

   For the purpose of verifying the information submitted by a party.

   The Authority may carry out an investigation in the territory of another country if the circumstances warrant provided that the Authority notifies such country in advance and such country does not object.

   The Authority may carry out an investigation at the premises of a commercial organisation situated in the territory of another or may examine its records if such organisation agrees and if the country raises no objection.

   The same applies in the case of a subsidy or countervail investigation.

2. Countervailing

G. Hearings

1. Antidumping

   The Authority will ensure that all interested parties are given reasonable opportunity to present all evidence relevant to the investigation orally. (Sec. 19(a)).

2. Countervailing

   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)).

H. Briefs

   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)).

I. Final Determinations

   The Minister is required to make a final determination as to whether or not a duty should be imposed upon the subject goods within six months after the making of a preliminary determination. (Sec. 26(1)).

   The final determination must be published in the Gazette. (Sec. 26(2) and Sec. 32(c)).

   A notice of the Authority's Final determination 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.

   The final decision consists of an Order by the Minister which includes such provisions as

         (1) references to the particular persons or organizations involved in the production of the subject goods and

         (2) provisions defining the rate of duty. (Sec. (9)(1)).

   If the provisional duty collected is, in relation to the duty imposed following a final determination is

         (1) higher, there is no requirement to pay the difference or

         (2) lower, the difference is refunded. (Sec. 25(3)).

J. Maximum Length of Investigation

   The Authorities must make a final determination; in a period of not longer than eighteen months after initiating an investigation. Sec. 25(3).

K. Maximum Duration of Antidumping and Countervailing Duty Orders

   The maximum duration of Anti-dumping and Countervailing duty orders is five years.

L. Retroactivity

   If the Minister determines:

         (1) that the importer was or should have been aware that the goods were dumped and such dumping was causing injury;

         (2) there is a history of dumping causing material injury; and

         (3) that the material injury is caused by substantial dumped or subsidized imports of a product in a relatively short period, then the Minister may impose a duty on the subject goods which were entered for home consumption not more than ninety days prior to the date of the provisional direction. (Sec. 30(3)).

M. Best Information Available (or "Facts Available")

   If the Minister determines that any interested person refuses to or other does duty not provide necessary information within a reasonable period or significantly impedes the investigation or sufficient information has not been furnished or is not available to enable the normal value or export price of goods to be ascertained, then the normal value and/or the export price will be the amount determined by the Minister having regard to such information as is available. (Sec. 14).

N. Consumers as Interested Parties

   An "interested person" is any person

         (1) engaged in the production, export or import of any goods that are the subject of an investigation;

         (2) engaged in the production, of any goods produced in Trinidad & Tobago that are like goods to the subject merchandise;

         (3) using any subject goods; and

         (4) acting on behalf of persons referred to in (1) or (2). (Sec 3(1)).

O. Public Interest

1. Antidumping

2. Countervailing

P. Undertakings or Commitments

   The Minister shall review the imposition of a duty where warranted on his own initiative or on a recommendation of the Authority.

V. Review of Antidumping and Countervailing Duty Determinations

A. Annual Reviews

   The Minister shall review the imposition of a duty where warranted on his or her own initiative or on the recommendation of the Authority.

B. Duty Refund Review

   The importer of any goods chargeable with an AD or CVD duty may apply to the Minister for relief from the duty of those goods. (Sec. 10(2)).

   If, upon reviewing the application, the Minister is satisfied that the export price of the goods from that country with the amount of the duty added to it exceeds the normal value of the goods in that country, the Minister will notify the Comptroller of the amount of the excess, and the Comptroller will remit or repay the duty up to that amount. (Sec. 10 (3)).

   An application must be made within six months of after the duty has been paid on the goods. (Sec. 10(4)).

   The application must include such information and evidence as the Minister requires for ascertaining the export price or normal value. (Sec. 10 (4)).

C. Sunset Review

D. Changed Circumstances Review

E. New Shipper Review

1. Antidumping

2. Countervailing

3. Judicial, Administrative or Other Review

   A person aggrieved by an Order which imposes a duty may appeal to the Tax Appeal Board in accordance with the Tax Appeal Board Act. (Sec. 27).

F. Procedures for Due Process

1. Notification of Initiation of Investigation

   If the Authority decides to initiate an investigation, then a notice must be published in the Gazette. (Sec. 18(3) and Sec. 32(c)).

   A notice of the Authority's preliminary and final determinations 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 32).

   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)).

2. Questionnaires (Distribution, Response Time, Extensions, Supplements)

3. Publication of Antidumping and Countervailing Duty Determinations

   The preliminary and final determinations must be published in the Gazette. (Secs. 24(2), 26(2) and 32(c)).

   A notice of the Authority's preliminary and final determinations 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 32).

4. Access to Public Information

   The Authority will ensure that all interested persons are given reasonable opportunity to have access to all non-confidential information relevant to the presentation of their case and used by the Authority in the investigation. (Sec 19(b)).

5. Access to Confidential Information

   Any information provided to the Authority on a confidential basis by any person in the course of an investigation will be treated as confidential by the Authority and will not be disclosed to any other person without the specific authorization of the person providing such information. (Sec. 20(1)).

6. Decision Making Process (Ministerial Approval, Commission Vote, etc.)

   The Anti-Dumping Authority ("Authority") is responsible for

         (1) investigating the existence, degree and effect of the alleged dumping or subsidy of any goods;

         (2) ascertaining whether any imported goods cause or threaten to cause material injury to any industry in Trinidad and Tobago;

         (3) submitting findings to the Minister as to the margin of dumping or the nature and amount of a subsidy; and

         (4) making recommendations to the Minister regarding determinations. (Sec. 17).

   The Authority is designated by the Minister of Trade who may provide the Authority the services of such persons and other facilities as seen necessary. (Sec. 16).

G. Application and Collection of Duties

1. Suspension of Liquidation

   The Comptroller is responsible for the collection of duties. (Sec. 4(1)).

   The Comptroller may require and take securities for payment of duty payable and pending the giving of the required security he or she may refuse to pass any entry or to do any other act in relation to any matter in respect of which the security is required. (Sec. 31(1)).

2. Use of Bonds or Cash Deposits

   Any security may, as required by the Comptroller, be by bond with sureties of guarantee, or by a deposit of cash, or by all or any of these methods, to the satisfaction of the Comptroller. (Sec. 31(2)).

3. Methods of Liquidation

H. Other

1. Anti-Circumvention

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