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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere

  1. Legal Authority to Impose Antidumping and Countervailing Duties

    1. Administrative Practice, Handbook, or Guide

      WTO Standard: There is no specific provision in the WTO Agreements requiring that the national authorities maintain a handbook or guide explaining domestic practice with respect to antidumping and countervailing duty measures.

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


   The National Commission of Foreign Trade (CNCE) has the authority under Article 14 of Decree 766/94 to approve and publish guides and detailed instructions for investigations to inform the public and interested parties of the methods and features of its analyses and investigations.

   Resolution 02/96 of July 24, 1996 dictates the same. Furthermore, the Industry and Trade Secretariat Resolution NE 349 of November 12, 1991 which established the requirements of the complaint for dumping or subsidies. The NCFT also created a summary of the standards applicable to the investigations in the publication of its Annual Report.


   There are internal guides on conducting investigations for the use of the investigating authorities. There are also forms to be submitted by the parties concerned (complainant and accused).



   Revenue Canada provides a handbook respecting administrative procedures.

   This handbook is currently being updated and is expected to be available by mid-1996.


   Chile has an unofficial guide which was prepared in November 1994 the purpose of which was to explain the functions of the investigating authority in Chile, its structure, and other general information on the necessary conditions for recommending the imposition of duties, the available ways to correct distortions, and the proceedings that are conducted.

   This guide does not reflect the WTO rules which were incorporated into Chilean law on May 17, 1995.


   INCOMEX prepared a practical handbook on dumping and subsidies to explain the procedures and conditions to be used in aplying measures of this nature, which has been distributed to relevant actors involved in foreign trade.

   It also has a guide on the procedures and documents that must be submitted in making requests for investigations of dumping and subsidies, which is delivered to the petitioners, prior to the official presentation of the request.

Costa Rica

Dominican Republic


El Salvador

   El Salvador has a guide for presentation of applications to initiate an investigation of a dumping case. This guide was prepared in January 1996. Work is being done on a guide for submission of applications to start an investigation into cases of subsidies. This guide is in the final stage of review. In addition, pamphlets have been prepared to aid users in handling these administrative procedures. These pamphlets are in the final stage of review.


   The Economic Integration division of the Economic Ministry, the responsible authority for conducting investigations concerning unfair trading practices in Guatemala, has not officially implemented guidelines which describe the administrative practices pertaining to the application of corrective measures of unfair trading practices.




   Mexico does not have a manual or guide.





   The Texto Unico de Procedimientos Administrativos (TUPA) [Single Text of Administrative Procedures] of the Instituto de Defensa de la Competencia y la Propiedad Intelectual [Institute for the Protection of Competition and Intellectual Property], INDECOPI, constitutes the procedural and administrative manual to be followed by INDECOPI in performing its responsibilities, and the part of that text referring to the Dumping and Subsidies [Control] Commission thus serves, in effect, as a user’s guide for that agency’s investigations.

Santa Lucia

Trinidad and Tobago

United States

   The Import Administration of the Department of Commerce maintains an Antidumping Manual, which describes the Department's procedures for conducting investigations and its methodologies for calculating dumping margins.

   This manual is, in large part, out of date because of changes in the law resulting from the URAA.



   The Antidumping and Subsidies Commission does not have a manual or guide.

   Nevertheless, a manual of Antidumping and Subsidies procedures conducted by the CASS will be created in the future.

Continue to Legal Authorities Responsible for Conducting Investigations

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