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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Methodologies/Definitions

    1. Standing


      WTO Standard: An investigation shall not be initiated unless the authorities have determined, on the basis of an examination of the degree of support for, or opposition to, the petition expressed by domestic producers of the like product, that the application has been made "by or on behalf of the domestic industry." The petition will be considered to be made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 percent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 percent of total production of the like product produced by the domestic industry. (AD Agreement, Art. 5.4; SCM Agreement, Art. 11.4)

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 WTO standards cited regarding the standing percentages are applied. Decree 2121/94 is of supplementary application in this subject. The National Commission of Foreign Trade must apply to the petitioner within the ten days required by the Foreign Trade Under Secretariat (Decree 2121/94, art. 36). Before initiating the investigation, the competent authority must conclude consultations with the domestic producers in order to determine the existence of sufficient cause for the launching of an investigation (Decree 2121/94, art. 39).

Bolivia

   The MECE may initiate the procedure upon application by domestic producers or by any person accounting for a major proportion of the domestic industry, including trade and producers' associations, who consider themselves injured by imports of like products effected during the six (6) months prior to the application, or currently being effected, at dumped or subsidized prices. Bi-ministerial Decision, Art. 5.

Brazil

   To have standing to file "on behalf of the domestic industry" the petition must be supported by producers accounting for more than 50 percent of the total domestic production of the similar product that expressed either support or opposition to the petition.

   However, no investigation will be initiated if the domestic producers, who explicitly support the petition, represent less than 25% of the total domestic production of the similar products Dec. 1602/95 - Art 21.1.c, Dec. 1752/95 - Art. 30.1.c Art. 20-3; Art. 28-3.

Canada

   No investigation may be initiated as the result of a complaint unless the complaint is supported by domestic producers whose production represents more than fifty percent of the total production of like goods by those domestic producers who express either support for or opposition to the complaint, and the production of the domestic producers who support the complaint represents twenty-five percent or more of the total production of like goods by the domestic industry. 31.(2).

Chile

   The Commission will not undertake any investigation until it is satisfied, on the basis of the degree of support or opposition to the complaint filed by domestic producers of a like good, that the complaint has been brought by, or on behalf of, the domestic industry as a whole. The complaint is deemed to have been brought by the domestic industry, or on its behalf, if it is supported by domestic producers who together account for more than 50 per cent of the total output of the like good that is produced by that portion of the domestic industry that has expressed itself for or against the complaint. Nonetheless, no investigation will be undertaken if the domestic producers who expressly support the complaint represent less than 25 per cent of the domestic industry's total output of the like good. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   A request shall be considered to have been made by or on behalf of the domestic indsutry, based on the degree of support of domestic producers of the like product, the product having presumably been imported at dumping prices.

   INCOMEX shall request domestic producers for written support of the request in order to substantiate this standing. The silence of a producer shall only indicate a lack of interst on the part of the producer and shall not be interpreted as a declaration of support or opposition.

   In order to initiate an investigation, it shall be considered that the request is made by or on behalf of the industry when it is supported by domestic producers whose joint production represents more than 50 percent of the total production of the like product produced by the part of the domestic industry that indicated its support or opposition to the request. Nonetheless, no investigation shall be initiated when the domestic producers who expressly support the request represent less than 25 percent of the total production of the like product produced by the domestic industry.

   In the case of fragmented industries that entail an unusually large number of producers, INCOMEX shall determine the degree of support and opposition by using statistically valid sampling techniques.

Costa Rica

   An investigation shall not be initiated unless the authorities have determined, on the basis of an examination of the degree of support for, or opposition to, the application expressed by domestic producers of the like product, that the application has been made by or on behalf of the domestic industry.

   The application shall be considered to have been made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application.

   However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 per cent of total production of the like product produced by the domestic industry. In connection with this point, Decree 24868-MEIC added the following to the above provision: Representatives of the domestic industry of the product injured by the imports for which the investigation is being sought may request that an investigation be instituted, as may producers associations that believe they are being injured or threatened by imports for which allegedly unfair trade practices are being used.

   The application must be filed with the investigating authority, with the following formal requirements:

         ...f) the others specified in the WTO agreements.

   The decree further stipulates that: If the application is reviewed within the statutory time period the investigating authority shall reject it in a substantiated finding if:

         a) it is found that the application was not filed on behalf of a domestic industry in accordance with the WTO Agreements.

Dominican Republic

   The Dominican Republic adopted the WTO Agreement as national law.

   There is no prior domestic law.

Ecuador

 

El Salvador

   Authorized to petition that an investigation be initiated are the representatives of the national production branch of the product injured by the imports regarding which the investigation is requested and the associations of producers that feel they are being adversely affected or threatened by imports allegedly under unfair trade practices.

   The Directorate of Economic Integration of the Ministry of Economic Affairs determines if the petition is made by the domestic industry, according to the regulations of the WTO, before making a decision to proceed with an investigation.

Guatemala

   Authorized to petition that an investigation be initiated are the representatives of the national production branch of the product injured by the imports regarding which the investigation is requested and the associations of producers that feel they are being adversely affected or threatened by imports allegedly under unfair trade practices.

   The Directorate of Economic Integration of the Ministry of Economic Affairs determines if the petition is made by the domestic industry, according to the regulations of the WTO, before making a decision to proceed with an investigation.

Honduras

   Authorized to petition that an investigation be initiated are the representatives of the national production branch of the product injured by the imports regarding which the investigation is requested and the associations of producers that feel they are being adversely affected or threatened by imports allegedly under unfair trade practices.

   The Directorate of Economic Integration of the Ministry of Economic Affairs determines if the petition is made by the domestic industry, according to the regulations of the WTO, before making a decision to proceed with an investigation.

Jamaica

Mexico

   Articles 40 and 50 of the Law and Article 60 of its Regulations provide that petitioners must prove that they represent at least 25 percent of national production of the goods in question.

   Nevertheless, Articles 5.4 of the Antidumping Code and 11.4 of the Code on Subsidies call for support of producers that represent more than 50 percent of overall production in order to begin an investigation. Nevertheless, the investigating authority shall not initiate an investigation when the national producers that expressly support the petition represent less than 25 percent of national production.

Nicaragua

   Authorized to petition that an investigation be initiated are the representatives of the national production branch of the product injured by the imports regarding which the investigation is requested and the associations of producers that feel they are being adversely affected or threatened by imports allegedly under unfair trade practices.

   The Directorate of Economic Integration of the Ministry of Economic Affairs determines if the petition is made by the domestic industry, according to the regulations of the WTO, before making a decision to proceed with an investigation.

Panama

Paraguay

   An application shall be considered to have been made by or on behalf of the principal part of the domestic industry when it is supported by domestic producers whose combined production accounts for over 50% (fifty per cent) of the total production of the like product produced by the segment of the domestic industry that supports or opposes the application. Nevertheless, no investigation will be initiated if the producers expressly supporting the application account for less than 25% of total production of the like product produced by the domestic industry.

Peru

Santa Lucia

   Investigatory powers rest solely with the Minister. There is no provision relating to standing in the Ordinance.

   However, Section 3(1)(b) requires that the Minister shall not exercise that power (application of duties) if it appears to him that to do so would conflict with the provisions for the time being in force of the General Agreement on Tariffs and Trade.

Trinidad and Tobago

   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.

United States

   Under U.S. law, the Commerce Department is responsible for determining whether a petition is filed by or on behalf of the U.S. industry producing a like product.

   The U.S. statute reflects the standards set forth in the WTO Agreements.

   That is, a petitioner is determined to have standing if:

         (1) the domestic producers or workers who support the petition account for at least 25 percent of the total domestic production of the like product; and

         (2) the domestic producers or workers who support the petition account for more than 50 percent of domestic production of the like product produced by that portion of the industry expressing support for or opposition to the petition.

   Commerce presumes the requisite industry support exists if a petition provides sufficient evidence that domestic producers or workers accounting for more than 50 percent of total domestic production of the like product expressly support the petition.

   U.S. law expressly recognizes that industry support for a petition may be expressed by either management or workers.

   Commerce considers labor support or opposition to a petition as being equal to the production of the like product of the firms in which the workers are employed.

   If workers are represented by a union, Commerce counts the production of those firms whose workers are represented by the union as being for or against the petition in accordance with the workers' position.

   If the management of a firm expresses a position in opposition to the views of the workers in that firm, Commerce discounts the production of that firm altogether in its determination.

   The U.S. statute contains a special rule for determining industry support if the petition is filed on behalf of a regional industry.

   In such cases, Commerce applies the 50 percent and 25 percent requirements on the basis of the domestic production in the region.

   Thus, the petitioner is only required to show that a majority of domestic production in the relevant region, as opposed to the entire United States, support the petition.

   Interested parties may submit comments on the issue of industry support.

   However, once Commerce makes a determination with respect to initiating an investigation, the determination regarding industry support will not be reconsidered.

Uruguay

   For the purpose of deciding whether to initiate an investigation, the implementing authority shall consider the evidence of dumping and injury simultaneously. The implementing authority shall also proceed to examine the degree of support for the application for the initiation of a dumping investigation on the part of the other domestic producers of the like product, for the purpose of verifying whether the application has been made by or on behalf of the domestic industry.

   The application shall be considered to have been made by or on behalf of the domestic industry if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application.

Venezuela

   Any natural or legal person who produces in Venezuela goods identical or similar to those allegedly dumped or subsidized may submit to the Technical Secretariat of the Commission an application for the initiation of the corresponding investigation. (1992 Law, Art. 37).

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