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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Steps of the Investigation

    1. Petition Filing


      WTO Standard: Except in the special circumstances when the authorities initiate an investigation on their own, an investigation to determine the existence, degree and effect of any alleged dumping or subsidy shall be initiated upon a written application by or on behalf of the domestic industry. (AD Agreement, Art. 5.1; SCM Agreement, Art. 11.1)

      An application [...] shall include evidence of dumping or a subsidy, injury and a causal link between the dumped or subsidized imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The application shall contain such information as is reasonably available to the applicant of the following:

      (1) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

      (2) a complete description of the allegedly dumped or subsidized product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

      (3) for antidumping investigations: information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the territory of the importing Member;

      (4) for countervailing duty investigations: evidence with regard to the existence, amount and nature of the subsidy in question;

      (5) information on the evolution of the volume of allegedly dumped/subsidized imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry [...]

      (AD Agreement, Art. 5.2; SCM Agreement, Art. 11.2)

      The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation. (AD Agreement, Art. 5.3; SCM Agreement, Art. 11.3)

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 cited standards of the WTO are applied. Articles 37 and 38 of Decree 2121/94 which are cited below, are of supplementary application on this subject, as far as it does not contradict with the Agreement's provisions. Furthermore, the Secretariat of Industry and Trade NE 349 of November 12, 1991 Resolution that establish the contents of the person making the complaint because of dumping or subsidy is also applied.

   Applications for the initiation of an investigation concerning dumping or subsidies must be submitted by or on behalf of the domestic industry which believes itself to be affected by the alleged dumping or subsidization.

   The affected domestic industry must present sufficient evidence of the existence of dumping or subsidies, of the injury and the causal link between them. Interested parties must complete the application form established for the purpose by the implementing authority in order to enable the existence of the basic requirements for the opening of an investigation into dumping or subsidies to be ascertained. (Decree No. 2121/94, Art. 37).

   For the purpose of evaluating applications, interested parties must complete the application form established for the purpose by the competent implementing authority, in order to enable the existence of the basic requirements for the opening of an investigation into dumping or subsidies to be ascertained. (Id.).

   The competent authority shall notify the applicant of any error or omission in the application within 30 working days of its submission.

   The applicant shall have 15 working days from the date of notification to supply corrections.

   If the applicant does not supply the required corrections within that period, the application will be rejected without further proceedings. (Id, Art. 38).

Bolivia

   A self-initiated investigation may be undertaken by the Ministry when there is sufficient and positive evidence that supports the presumption of the existence of prejudice caused by imports at dumped or subsidized prices, so long as the investigation has the support of the affected domestic producers. A properly documented complaint shall contain at least the following:

         (a) name and domicile of the complainant and, where appropriate, of his legal representative in the case of legal persons;

         (b) the complainant's percentage of domestic production of the like product;

         (c) description of the goods imported;

         (d) export prices and normal value of the product forming the subject of the complaint when the latter relates to a dumping investigation;

         (e) any encouragement, incentive, bounty, subsidy or other help provided to the producer or exporter in the country of origin or of export, and the authority or agency providing such support, indicating where appropriate the applicable law and, where possible, the value or amount thereof and its impact on the price of the imported product and the price at which the subsidized product is imported, when the complaint concerns an investigation of subsidized imports;

         (f) volume imported, or to be imported, if known, indicating the relevant unit of measurement;

         (g) name and domicile of the persons who intend to import the product, if known, or of those who imported the product, and whether it was imported in one or several transactions, if known;

         (h) indication of the country or countries of origin and/or export;

         (i) name and domicile of known importers and exporters of the product specified in the complaint;

         (j) other information and data making it possible to presume the existence of an unfair foreign trade practice;

         (k) any elements which help to determine that, as a result of the introduction of the products in question into the domestic market, there is injury or threat of injury to domestic industry or the establishment of an industry is being hampered, including indicators of output, sales, utilization of installed capacity and profits trends over the previous three years;

         (l) an undertaking to submit the relevant documents to the investigating authority for verification of the information supplied;

         (m) other documents in support of the complaint;

         (n) a clear indication of which evidence and documents are deemed to be confidential, indicating the reasons why they should be treated as confidential and enclosing a non-confidential summary of such information. Bi-ministerial Decision, Art. 6.

Brazil

   Antidumping and Countervailing duty investigation, to determine the existence, degree and effect of any alleged dumping or subsidies, may be requested by or on behalf of the domestic industry.

   A written application must be filed with SECEX and shall include evidence of

         a) dumping or subsidies;

         b) injury; and

         c) causal link between the dumped or subsidized imports and the alleged injury, including the following information:

               1) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant.

     Where a petition is made on behalf of a domestic industry, the petition shall identify the industry on behalf of which it is made and it shall include a list of the domestic producers represented as well as volume and value of production of the like product accounted for such producers;

               2) an estimate of the volume and value of the national production of the like product;

               3) a list of the known domestic producers of the like product that are not represented in the petition, and, to the extent possible, an indication of the volume and value of production of the like product accounted for those producers as well as their position on the petition (if they support the petition or not);

               4) a complete description of the allegedly dumped or subsidized product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer, and a list of the known importers of the product in question;

               5) a complete description of the product made by the domestic industry;

               6) information on the existence, amount and nature of the subsidy in question or representative prices at which the product in question is sold, when destined for consumption in the home market of the exporting country or countries (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product);

               7) information of the export price of the product, or where appropriate, the prices at which the product is first resold to an independent buyer in the territory of Brazil;

               8) information on the evolution of the volume of imports of the allegedly dumped or subsidized imports, the effect of those imports on prices of the like product in the domestic market and the consequent impact of those imports on the domestic industry, as demonstrated by the factors and indices having a bearing on the state of the domestic industry. (Dec. 1602/95 - Art. 18.16; Dec. 1751/95 - Art. 25.1).

Canada

   A domestic producer may submit a complaint to the Deputy Minister of National Revenue (DM) whenever it believes that dumped/subsidized goods are causing injury or material retardation or threaten to cause injury.

   The Special Import Measures Act (SIMA) Subsection 32(1) provides that, within 21 days of receiving a complaint, the DM must either:

         (1) notify the complainant and the government of the country of export that the complaint is properly documented; or

         (2) advise the complainant that additional information and material are required for the complaint to be properly documented.

   According to SIMA subsection 2.(1), a properly documented complaint means that

         (a) the complaint:

               (i) alleges that the goods have been or are being dumped or subsidized, specifies the goods and alleges that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury;

               (ii) states in reasonable detail the facts on which the allegations are based; and

               (iii) makes such other representations as the complainant deems relevant to the complaint, and the complainant provides such information as is available to the complainant to prove the facts and such other information as the Deputy Minister may reasonably require.

   Section 37 of the SIMA regulations specifies that for the satisfaction of reasonable detail on which the allegations are based, a properly documented complaint must include:

         (a) the volume and value of the complainant's domestic production of like goods;

         (b) a list of all known producers of like goods in Canada, and of associations of such producers in Canada whom the complainant knows of;

         (c) such details as are reasonably available to the complainant regarding the estimated volume and value of the production of the goods by the producers identified in (b);

         (d) the name of each known foreign producer or exporter of the allegedly dumped or subsidized goods whom the complainant knows of;

         (e) the name of each importer in Canada of the allegedly dumped or subsidized goods whom the complainant knows of;

         (f) such details as are reasonably available to the complainant regarding the evolution of the volume of imports of the allegedly dumped or subsidized goods;

         (g) such details as are reasonably available to complainant regarding the effect of imports of the allegedly dumped or subsidize goods on the price of like goods in Canada.

Chile

   Investigations to determine the existence, degree and impact of alleged dumping or subsidies are initiated in response to a written petition submitted by the domestic industry or on its behalf.

   The petition must be accompanied by evidence of the existence of

         a) dumping or subsidy;

         b) injury in the meaning of GATT Article VI (1994), and

         c) a causal relationship between dumped or subsidized imports and the presumed injury. A simple declaration, unsupported by relevant evidence, is not sufficient grounds for initiating an investigation.

   The petition must contain all information reasonably accessible to the petitioner on the following points:

         i) identity of the petitioner and the petitioner's own description of the volume and value of domestic production of like goods. Where the written petition is submitted on behalf of the entire domestic industry, the industry on whose behalf the petition is submitted must be identified with a listing of all known domestic producers of like goods (or of associations of domestic producers of like goods), and as complete a description as possible of the volume and value of domestic production of like goods accounted for by those producers;

         ii) a complete description of the allegedly dumped or subsidized goods, the names of the country or countries of origin or export of those goods, the identity of each known foreign exporter or producer and a list of persons known to be importing the goods in question;

         iii) data on the prices at which the goods in question are being sold for consumption in the domestic markets of the country or countries of origin or export (or, where relevant, data on the prices at which the goods are sold from the country or countries of origin or export to a third country or countries, or data on the constructed value of the goods), as well as data on export prices or, where relevant, on the prices at which the goods are resold for the first time to an independent buyer within Chile.

         iv) In the case of subsidy investigations, there must be sufficient evidence of the existence of a subsidy, its amount and nature.

         v) Data on changes in the volume of allegedly dumped or subsidized imports, the impact of these imports on the prices of like goods in the domestic market, and the repercussions of such imports on the domestic industry. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   INCOMEX may initiate the procedure referred to in this decree on its own initiative or upon written request submitted by the branch of domestic production or on its behalf. It shall be considered that a request has been make by or on behalf of the branch of domestic production based on the degree of support of the domestic producers of the product like the one allegedly imported at dumping prices. INCOMEX shall request the domestic producers to give their written support to the request in order to show this representation.

   Silence on the part of the producer shall indicate a lack of interest, and shall not be interpreted as an expression of support or opposition. In initiating an investigation, it shall be considered that the request is made by the branch of production or on its behalf when it is supported by domestic producers whose output accounts for more than 50 percent of the domestic total production of the like product produced by the branch of domestic production that expresses its support for or opposition to the request. Nonetheless, no investigation shall begin when the domestic producers who expressly support the request account for less than 25 percent of the total production of the like product produced by the branch of domestic production. In the case of fragmented branches of production that entail an unusually large number of producers, INCOMEX shall determine the degree of support and opposition by using statistically valid sampling techniques.

   In special circumstances, INCOMEX may initiate an investigation on its own initiative, when there is sufficient evidence to presume the existence of injury caused by dumped imports.

   The information on injury that is necessary to carry out an investigation should be submitted by the domestic producers affected or interested, pursuant to the requirements of INCOMEX.

    INCOMEX may initiate the procedure upon request, submitted by the branch of domestic production or on its behalf, when it considers itself injured by imports of like products at dumping prices made within the 12 months prior to the request, or that are under way. Imports under way are understood to be those imports that may be made under current import documents and that are to be undertaken pursuant to current commercial contracts, or bids awarded, and that are shipped within the period determined to be covered by the investigation.

   The request referred to in Article 41 of Decree 991/98 should include evidence of dumping, the injury, and the causal relationship between the dumped imports and the injury alleged.

   A mere allegation, without support in the form of relevant evidence, shall not be considered a request for the purposes of this decree. The request should be prepared pursuant to the requirements established in the guide provided by the Trade Practices Bureau (Subdirección de Prácticas Comerciales) of INCOMEX, completing the forms and attaching the information and evidence required therein.

   That documentation should be submitted and filed with the Trade Practices Bureau, or with the Regional or Departmental Offices of INCOMEX.

   When submitted to the Regional or Departmental Offices, the request for investigation shall be understood to be submitted two days after it is filed, which is the time the Regional or Departmental Offices are given to forward it to the Trade Practices Bureau of INCOMEX. The request shall also contain at least the following information:

         1. Identification of the petitioner.

When the request is made on behalf of the branch of domestic production, the branch of domestic production should be identified by listing all known domestic producers or the associations of domestic producers of the like product and, to the extent possible, with a description of the volume and value of the domestic production of the like product that those producers represent.

         2. A description of the domestically-produced product that is like the one alleged being dumped.

         3. Description of the product allegedly being dumped.

         4. The countries of origin or exporting countries.

         5. The name and domicile of the importers and foreign exporters and producers, if known.

         6. Data on the prices at which the product in question is sold for consumption in the domestic market or markets of the country or countries of origin or export (or, where appropriate, data on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product), and on export prices or, where appropriate, on the prices at which the product is resold for the first time to an independent producer in Colombia

         7. Data on the volume of imports allegedly being dumped, the effect of those imports on the prices of the like product in the domestic market, and the consequent repercussion of the imports on the domestic branch of production, as shown by the relevant factors and indices that affect the conditions of the branch of domestic production.

         8. Offer to submit the respective documents to the authorities to verify the information provided, and to authorize the verification visits.

         9. Elements for determining the causality between the practice of dumping and the significant injury.

         10. Producing the evidence one intends to rely on.

         11. Identification of confidential documentation, justification of its confidentiality, and a summary or non-confidential version of that documentation.

         12. Power-of-attorney to act, when acting through an agent.

         13. Evidence of the existence and representation of any juridical persons who appear as petitioners.

   Two copies of the request should be submitted, one to be filed in the public file of the case and another in the confidential file. If INCOMEX, on examining the petition, finds that it meets the requirements of the previous article, it shall receive it as conforming to requirements, so informing the petitioner, within the following five working days. If INCOMEX finds that it is necessary to request missing information for the purposes of being able to state that the petition conforms to the requirements, it shall request it of the petitioner. This request shall interrupt the tolling of the period established in the previous paragraph, which shall begin to run once again when the petition provides the information required.

   Once the information requested is provided, INCOMEX shall proceed, within the period indicated above, to accept it as conforming to the requirements. If after two months from the date it is requested the missing information has not been provided in full, the petitioner shall be considered to have abandoned the petition and it shall be ordered closed. INCOMEX shall have a period of 20 working days, counted from the day following the date the communication of the acceptance is received as conforming to the requirements, to evaluate the accuracy and relevance of the information and evidence provided with the petition referred to in the preceding articles and to decide on the merits of the argument that an investigation should be initiated.

   At this stage INCOMEX may request and produce evidence and information on its own initiative or at the request of an interested party. INCOMEX shall determine whether there is merit to the argument in favor of initiating an investigation into dumping so long as:

         1. It confirms through verification of the degree of support or opposition to the request that it is made by or on behalf of the branch of domestic production.

   To this end INCOMEX shall send communications to the domestic producers or associations that are known, who within five working days from the date following the dispatch of the communication are to state in writing their support for or opposition to the request.

   This period may be extended, upon request by a party, for up to five calendar days. In the event that INCOMEX does not receive a response within the time period set, it shall understand that there was no expression of interest by any domestic producer or association that does not respond.

         2. It determines that there is sufficient evidence, including indicia, of dumping, injury, and the causal relationship between them.

   For the purposes of defining the accuracy and relevance of the evidence provided by the petitioner to determine whether there is sufficient evidence to justify initiating an investigation, INCOMEX may extend the time period established in the first paragraph of this article, only once, on its own initiative or at the request of a party, for up to an additional 20 days.

   INCOMEX shall avoid any publicity on the submission of a request for an investigation until such time as the decision to initiate it has been made. Nonetheless, in the period included from the receiving the request in conformity with the requirements and the initiation of the investigation, it shall notify the government of the exporting member country in question that it has been submitted. It shall be considered that a request for an investigation into imports as discussed under this title has been made by or on behalf of the branch of domestic production when it is submitted by domestic producers who account for at least 25% of the domestic production of the like product.

   The evaluation of the merit of the investigations discussed under this title shall be governed by the provisions of Article 44 of this decree. Notwithstanding the foregoing, INCOMEX shall determine that initiating a dumping investigation is merited whenever:

         1. It verifies that the petitioners account for at least 25% of the domestic production of the like product.

         2. It determines that sufficient evidence exists, including indicia, of dumping.

Costa Rica

   Except as provided for [...], an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry.

   An application [...] shall include evidence of

         (a) dumping,

         (b) injury [...] and

         (c) a causal link between the dumped imports and the alleged injury.

   Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirement of this paragraph.

   The application shall contain such information as is reasonably available to the applicant on the following:

         (i) identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant.

   Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

         (ii) a complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

         (iii) information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the importing country;

         (iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry [...].

   The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation.

   In addition to these provisions is another in Decree 24868-MEIC, which stipulates the following: The following are the formal requirements that must be met when filing an application with the investigating authority:

         a) Name of the authority with whom the application is filed;

         b) Identity of the party filing the application.

   In the case of legal representation, the corresponding documentation;

         c) Address for receiving notifications;

         d) An account of the facts and specific mention of the unfair trade practice in question;

         e) Petition, in clear language and consistent with the account of the facts reported;

         f) The other requirements stipulated in the WTO agreements;

         g) Place and date of the application, and

         h) Signature of the applicant or legal representative of the domestic industry or industry association.

   Once the application has been received, the applicant authority shall review it within the next 30 days to determine whether the requirements stipulated in these Regulations have been met.

   Once the application has been received, the investigating authority shall review it within the next 30 days to determine if it meets the requirements stipulated in these Regulations.

   If the finding is that the application is incomplete, the interested party shall be so notified within the next ten days, so that said party may, within the 30 days following notification, comply with the stipulated requirements.

   At the interested party's request, this deadline may be extended for another 30 days. If not done within the stipulated time period, the application shall be presumed abandoned and will be filed, although the case may be filed anew. If the interested party completes the information, the investigating authority shall take the measures called for under Article 11 of these Regulations within the next 15 days.

Dominican Republic

Ecuador

   Proceedings to investigate unfair international trade practices shall be initiated ex officio or at the request of a major proportion of the domestic industry. The investigating authority may initiate an investigation ex officio, when there is sufficient evidence to assume that injury has been caused by dumped or subsidized imports. Investigations to determine the existence, degree and effect of any alleged unfair practice shall be initiated upon a written application by or on behalf of the domestic industry.

   The application may also be made by an association of producers which, for the purposes of the application, represents a major proportion of domestic production. 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 the part 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 the total production of the like product produced by the domestic industry. When domestic producers are related to the exporters or importers of the allegedly dumped or subsidized product, the term "domestic industry" may be interpreted as referring to the rest of the producers.

   The word "related" shall be within the meaning of Article 4.1(i) of the Anti-Dumping Agreement. In exceptional circumstances, in the case of regional markets, domestic industry may be divided into two or more separate markets.

   The producers within each market may be regarded as a separate domestic industry if they sell most of their production of the product in question in that market and if the demand in that market is not to any substantial degree supplied by the producers of the product in question located elsewhere in the country.

   In such circumstances, injury or threat of injury may be found to exist even where a major portion of the total domestic industry is not injured, provided there is a concentration of dumped or subsidized imports into that regional market and they cause or threaten to cause injury to the producers of all or almost all the production within such market. The application must be submitted in writing, using the forms prepared for the purpose and issued to the interested party by the investigating authority, and the requisite documents shall be attached.

   The application shall contain the information reasonably available to the applicant on the following:

         1. Identity of the applicant, name or business name and domicile of the applicant, and where appropriate, his agent; activity in which he is engaged and documents in support thereof.

         2. Description of the volume and value of the domestic production of the like product, indicating the specifications and characteristics, the tariff heading and other identifying data.

         3. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is being made by a list of all known domestic producers of the domestic product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product represented by such producers.

         4. The names of the country or countries of origin or export in question.

         5. The identity of each known foreign exporter or producer.

         7. Information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices which the product is first resold to an independent buyer in the territory of the importing Member.

         8. Information on the evolution of the value and volume of the imports of the allegedly dumped or subsidized product.

         9. The effect of the imports on the prices of the like product in the domestic market.

         10. The impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as actual and potential decline in sales, profits, output, market share, productivity, return on investments, or utilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments.

         11. In the case of a subsidy, the application must identify the encouragement, incentive, premium, subsidy or help of any kind provided to the imported good or its raw materials and inputs in the country of origin or of export, the authority or agency providing such support, indicating where appropriate the applicable law and, where possible, the value or amount thereof and its impact on the price of the imported product.

         12. Determination of the injury, threat of injury or material retardation of the establishment of a productive activity in Ecuador, caused by the imports at dumped or subsidized prices.

         13. Evidence and documents to verify the information provided and arguments in support of the need to apply anti-dumping duties or countervailing duties.

         14. Elements to determine the causal relationship between the practice and the injury.

         15. The investigating authority shall require interested parties making available confidential information to provide non-confidential summaries thereof.

         16. Other relevant information deemed necessary.

         17. Place and date of submission of the application.

         18. A study justifying the presumption of injury to domestic production caused by the unfair practice.

   All the information on volumes and values submitted to the investigating authority by the applicant enterprise shall pertain to the previous four years and to the part of the current year of the investigation that has elapsed so far. The application shall be submitted to the Trade Practices and Safeguards Division of the Ministry of Foreign Trade, Industrialization and Fisheries, in the original and with two copies.

   On receipt of the application to impose anti-dumping or countervailing duties, the investigating authority shall have thirty (30) days from the date of receipt to evaluate and review compliance with the requirements and shall inform the applicant whether the application is accepted or not. When, in the opinion of the investigating authority, there is good reason to do so, the above period may be extended by up to fifteen (15) working days. If, within that period, the investigating authority finds it necessary to request further information for the purposes of acceptance of the application, it shall do so from the applicant.

   Such request shall interrupt the period established in the above paragraph, which shall recommence when the applicant provides the information requested. Once the information has been obtained, the investigating authority shall, within the above-mentioned period, proceed to accept the application. Any application to be submitted to the General Secretariat of the Andean Community for the initiation of an investigation and the application of anti-dumping duties, countervailing duties or safeguard measures to a product originating in the Andean subregion must be channeled through the investigating authority of Ecuador, subject to compliance with all the formal requirements established, for each case, in this resolution.

   Within fifteen (15) working days of receiving the corresponding documentation, the investigating authority shall verify compliance with the application requirements and, if these have all been met, shall immediately transmit the file to the General Secretariat of the Andean Community.

   If the application does not meet the requirements, it shall be returned to the applicant for revision.

   Once the final result of the investigation by the General Secretariat of the Andean Community is known, the Ministry of Foreign Trade shall notify the Customs Technical Committee for implementation of the measure, if the General Secretariat has so determined.

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 petition must be presented to the Investigating Authority and the following formal requirements must be met:

         a) Designation of the authority to whom the petition is presented;

         b) Information identifying the accuser. In the event legal representation is exercised, the corresponding documentation;

         c) Place for receiving notifications;

         d) An account of the facts and specific indication of the unfair trade practice;

         e) Petition in precise terms in keeping with an account of the facts;

         f) The other requirements established in the Agreements of the WTO;

         g) Place and date of the petition; and

         h) Signature of the petitioner or legal representative of the national production branch or corresponding association.

   Within 30 days after the petition has been received, the Investigating Authority shall proceed to review it to decide whether it meets the requirements set forth in the current Regulations.

   If the petition is found to be incomplete, the Investigating Authority shall inform the party concerned within the next 10 days so that the latter, within 30 days following the notification, may meet the requirements requested.

   At the request of the party concerned, this period may be extended for the same length of time.

   If this is not done during the period granted, the petition shall be given up and filed, without prejudice to the case's being brought up again.

   If the party concerned completes the information, the Investigating Authority shall proceed within the following 15 days in accordance with Article 11 of these Regulations. (Article 6 and Article 7 of the Central American Regulations on Unfair Trade Practices).

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 petition must be presented to the Investigating Authority and the following formal requirements must be met:

         a) Designation of the authority to whom the petition is presented;

         b) Information identifying the accuser.

   In the event legal representation is exercised, the corresponding documentation;

         c) Place for receiving notifications;

         d) An account of the facts and specific indication of the unfair trade practice;

         e) Petition in precise terms in keeping with an account of the facts;

         f) The other requirements established in the Agreements of the WTO;

         g) Place and date of the petition; and

         h) Signature of the petitioner or legal representative of the national production branch or corresponding association.

   Within 30 days after the petition has been received, the Investigating Authority shall proceed to review it to decide whether it meets the requirements set forth in the current Regulations.

   If the petition is found to be incomplete, the Investigating Authority shall inform the party concerned within the next 10 days so that the latter, within 30 days following the notification, may meet the requirements requested.

   At the request of the party concerned, this period may be extended for the same length of time.

   If this is not done during the period granted, the petition shall be given up and filed, without prejudice to the case's being brought up again.

   If the party concerned completes the information, the Investigating Authority shall proceed within the following 15 days in accordance with Article 11 of these Regulations.

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 petition must be presented to the Investigating Authority and the following formal requirements must be met:

         a) Designation of the authority to whom the petition is presented;

         b) Information identifying the accuser. In the event legal representation is exercised, the corresponding documentation;

         c) Place for receiving notifications;

         d) An account of the facts and specific indication of the unfair trade practice;

         e) Petition in precise terms in keeping with an account of the facts;

         f) The other requirements established in the Agreements of the WTO;

         g) Place and date of the petition; and

         h) Signature of the petitioner or legal representative of the national production branch or corresponding association.

   Within 30 days after the petition has been received, the Investigating Authority shall proceed to review it to decide whether it meets the requirements set forth in the current Regulations.

   If the petition is found to be incomplete, the Investigating Authority shall inform the party concerned within the next 10 days so that the latter, within 30 days following the notification, may meet the requirements requested.

   At the request of the party concerned, this period may be extended for the same length of time.

   If this is not done during the period granted, the petition shall be given up and filed, without prejudice to the case's being brought up again.

   If the party concerned completes the information, the Investigating Authority shall proceed within the following 15 days in accordance with Article 11 of these Regulations.

Jamaica

   Subject to this section, where the Commission receives a written complaint in respect of the dumping or subsidizing of goods, the Commission shall, within forty-five days after receipt of such complaint, carry out an investigation into the matter if the Commission is satisfied that

         (a) the complaint is properly documented;

         (b) there is evidence that the goods have been or are being dumped or subsidized; and

         (c) the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused, is causing or is likely to cause material injury.

   The Commission shall not carry out an investigation pursuant to subsection (1) unless the Commission has determined, on the basis of an examination of the degree of support for, or opposition to, the application expressed by the domestic producers of like goods, that the complaint has been made by and on behalf of those producers. For the purposes of subsection (2), the complaint shall be considered to have been made by or on behalf of the domestic producers if it is supported by those domestic producers whose collective output constitutes more than fifty per cent of the total production of the like goods produced by that portion of the domestic industry expressing either support for or opposition to the complaint.

   An investigation shall be initiated where the domestic producers expressly supporting the complaint pursuant to subsection (2) account for more than twenty-five per cent of total production of like goods produced by the domestic industry. Where the Commission receives a written complaint or intends to initiate an investigation in respect of the dumping or subsidizing of goods, the Commission shall, in writing, within forty-five days thereafter

         (a) where the complaint is properly documented, inform the complainant, and, in the case of subsidized goods, the government of the country of export, that the complaint was received and that it is properly documented; or

         (b) where the complaint is not properly documented, inform the complainant that the complaint was received and that additional information and material are needed.

   For the purposes of subsection (1), the date on which the Commission receives the additional information and material referred to in subsection (1)(b) shall be deemed to be the date on which the complaint was received.

Mexico

   An investigation of unfair international trade practices (and safeguard measures) shall be initiated ex officio or at the request of an interested party -- a natural and legal person producing goods identical to or like the subject merchandise. (I/49).

   "The requesting parties must be representative of the domestic industry [at least 25% of the domestic production, per I/40], or be legally constituted organizations". (I/50 emphasis added).

   The request (petition) shall be submitted using the questionnaire issued by the Ministry, which shall include, inter alia, the following (II/75):

             
  • Name or business name and domicile of the requesting party and, if applicable, his representative, accompanied by accrediting documents;
             
  • Volume and value of domestic production of the identical or like product;
             
  • "The legal basis of the request";
             
  • Description of the imported product, with specifications and details showing its quality in comparison with the domestic product and other distinguishing details; the volume and value imported or intended to be imported based on the appropriate unit of measure and its tariff classification according to the schedule of the General Import Taxes Act;
             
  • Name of the countries of origin or source of the product, as appropriate, and the name or the business name of the person or persons exporting or intending to export the product under unfair conditions to Mexico;
             
  • Statement of the facts and data, accompanied by reasonably available evidence, on which the request is based;
             
  • Indication of the difference between the normal value and the comparable export price or, if applicable, the effect of the subsidy on the export price;
             
  • In the case of subsidies, information and facts concerning the unfair practice, the foreign governmental authority or body involved, the form of payment or transfers and the amount of the subsidy to the producer or foreign exporter of the product;
             
  • Evidence which shows that the introduction of the goods concerned into the domestic market is causing or threatens to cause injury to the domestic industry.

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 petition must be presented to the Investigating Authority and the following formal requirements must be met:

         a) Designation of the authority to whom the petition is presented;

         b) Information identifying the accuser.

   In the event legal representation is exercised, the corresponding documentation;

         c) Place for receiving notifications;

         d) An account of the facts and specific indication of the unfair trade practice;

         e) Petition in precise terms in keeping with an account of the facts;

         f) The other requirements established in the Agreements of the WTO;

         g) Place and date of the petition; and

         h) Signature of the petitioner or legal representative of the national production branch or corresponding association.

   Within 30 days after the petition has been received, the Investigating Authority shall proceed to review it to decide whether it meets the requirements set forth in the current Regulations.

   If the petition is found to be incomplete, the Investigating Authority shall inform the party concerned within the next 10 days so that the latter, within 30 days following the notification, may meet the requirements requested.

   At the request of the party concerned, this period may be extended for the same length of time. If this is not done during the period granted, the petition shall be given up and filed, without prejudice to the case's being brought up again.

   If the party concerned completes the information, the Investigating Authority shall proceed within the following 15 days in accordance with Article 11 of these Regulations.

Panama

   The proceedings will be initiated by means of a complaint submitted by a duly authorized representative, in which the grounds or basis in fact or law are clearly indicated, and accompanied by evidence indicating the existence of imports characterized by unfair trade practices, significant injury or damage, or the threat of significant injury or damage, and a causal nexus.

   The complaint shall contain the following information, as a minimum:

         1. General information on the complainant.

         2. The complainant's domestic market share in respect of the product in question, relative to national production of goods intended for domestic consumption. The production sector in whose name the complaint is filed must be identified by means of a list of all domestic producers of identical or similar products, or of producer associations and, to the extent possible, a description of the volume and value of domestic production of identical or similar goods attributable to these producers;

         3. Detailed descriptions and customs clearance of the imported merchandise, specifying its quality relative to that of domestic production, and other identifying information;

         4. The volume and prices of imports characterized by unfair trade practices and their effect on the domestic products and producers concerned;

         5. The name and domicile of the importers, and, if known, the names of the exporters;

         6. Exporting country and country of origin;

         7. Subsidy or dumping margin and other information raising a presumption of unfair trade practices;

         8. Ascertainment of significant injury or harm, or the threat of significant injury or harm, based on the criteria contained in Chapter IV, Title III of this Act. Until such time as proceedings are initiated, the parties shall refrain from any public disclosure with regard to the complaint.

   Once the complaint has been received, it will be determined whether it meets the formal conditions established by this Act, and if so, the investigation will be initiated. In the event that the complaint does not meet the conditions stipulated in this Act or, if it does meet those conditions, the information presented is not clear, the complainant will be required, within a period of five working days as from the date of notification, to correct the complaint or to provide the relevant documents. If the complainant has not fulfilled this requirement within the time stipulated, the complaint will be dismissed and placed on file. (Article 150 & 151).

Paraguay

   The application shall contain at least the following:

         (a) identity of the applicant and a description, by applicant, of the volume and value of the domestic production of the like product. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of production of the like product accounted for by such producers;

         (b) a detailed description of the allegedly dumped or subsidized product;

         (c) volume and value of the domestic production of like products;

         (d) country of origin and export;

         (e) in the case of dumped imports, the export price and the prices at which the product is sold in the ordinary course of trade for consumption in the domestic market of the country of origin or export (or, where appropriate, the prices at which the product from the country or countries of origin or export to a third country is sold, or on the reconstructed value of the product);

         (f) in the case of subsidized imports, a detailed description of the type and amount of the subsidy, indicating the granting authority or agency and the applicable provision;

         (g) information on the evolution in the volume of imports, and their effects on prices of like products in the Paraguayan market;

         (h) determination of the injury caused by the dumped or subsidized imports, pursuant to the provisions of Articles 6 and 7 of this Decree;

         (i) offer of the relevant evidence that shows the existence of dumped or subsidized products and injury caused to the domestic industry, as well as the causal relationship between them;

         (j) names and addresses of the importers and exporters, if they are known. Once the application is received to begin an investigation, and without prejudice to the provision of Article 10 of this Decree, the Ministry of Industry and Commerce shall examine, within the following five working days, whether it meets the requirements referred to in Article 8.3 of this Decree.

   If the application does not meet the requirements which, in the view of the Ministry of Industry and Commerce, it is necessary to request additional information to be able to evaluate the application, the applicant will be so warned so that it might make the relevant corrections or contribute the information required, under reserve that if it is not done within the next 30 working days, the application shall be filed.

   If in the view of the Ministry of Industry and Commerce the application meets the requirements of Article 8.3 of this Decree, and no additional information is needed, it shall be evaluated within the time frame provided for at Article 12 of this Decree.

Peru

   Except as provided for in the following Article, an investigation to determine the existence of imports at dumped or subsidized prices, and the effects of these unfair international trade practices, shall be initiated upon a written application addressed to the Commission by an enterprise or group of enterprises accounting for at least 25 per cent of total domestic production of the product concerned, without prejudice to Articles 4 and 16 of the Anti-Dumping Agreement and the Subsidies Agreement respectively. The application shall include evidence of the following:

         (a) The dumping or actionable or prohibited subsidy according to the definitions in the Agreement, as appropriate;

         (b) injury within the meaning of the Anti-Dumping Agreement or the Subsidies Agreement whichever is appropriate;

         (c) a causal link between the dumped or subsidized imports and the alleged injury or threat of injury.

   The application shall contain the information requested in the questionnaires from the TUPA. In special circumstances, the Commission may decide to initiate an investigation ex officio, provided that it is in the national interest and in the opinion of the Commission the domestic industry affected is materially not able to submit the necessary application and there are indications of dumping or subsidies, injury and a causal relationship which justify the initiation of the investigation.

   In the special case of an application to apply countervailing duties, after receiving the application, providing that the requirements laid down in the TUPA have been met, before initiating the corresponding investigation, the Commission shall communicate directly with the government of the country of origin or export concerned for the purpose of holding consultations with a view to reaching a mutually satisfactory solution regarding the application for the imposition of duties. Without prejudice to the preceding paragraph, the Commission may decide to initiate an investigation or apply provisional or definitive duties, pursuant to the provisions of the Subsidies Agreement.

Santa Lucia

Trinidad and Tobago

   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)).

United States

   AD and CVD investigations may be self-initiated by Commerce, or initiated pursuant to a petition filed by an interested party on behalf of a domestic industry.

   A petitioner may be:

         (1) a manufacturer, producer, or wholesaler in the United States of a like product;

         (2) a trade or business association, a majority of whose members manufacture, produce or wholesale a domestic like product; or

         (3) a certified or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the U.S. of a domestic like product.

   A petition must be filed simultaneously with both Commerce and the ITC and must be accompanied by information reasonably available to the petitioner which supports the allegations contained in the petition, including:

         (1) the identity of the petitioner, all known domestic producers of the domestic like product, and each known exporter, foreign producer, and importer of the merchandise;

         (2) the volume and value of the domestic like product;

         (3) a description of the merchandise to be investigated;

         (4) the name of each country in which the merchandise originates or from which it is exported; and

         (5) information relating to injury.

   In addition, AD petitions must provide an estimate of the export price or constructed export price of the merchandise and the normal value of the merchandise.

   CVD petitions must include information describing the nature and, if available, the amount of the alleged subsidy provided.

Uruguay

   Except as provided for in Article 40, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry addressed to the Agricultural Planning and Policy Office (OPYPA) or the National Industry Directorate (DNI), depending on the nature of the product to be investigated.

   The application under the preceding Article shall include evidence of the existence of dumping, injury and a causal link between the dumped exports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The application shall contain such information as is reasonably available to the applicant on the following:

         (a) The identity and domicile of the applicant and the address for notifications in the city of Montevideo. Where a written application is made on behalf of the domestic industry, it shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product or associations of domestic producers of the like product and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

         (b) an indication of the volume and value of the domestic production of the like product;

         (c) a complete description of the allegedly dumped product, the names of the country or countries of origin or export, the identity of each known exporter or foreign producer and a list of known importers importing the product in question;

         (d) information on representative prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export or, where appropriate, information on the representative prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product;

         (e) information on representative export prices or, where appropriate, on the representative prices at which the product is first resold to an independent buyer in Uruguayan territory;

         (f) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by the relevant factors and indices having a bearing on the state of the domestic industry listed in Article 23.

   If the application contains confidential information, the provisions of Articles 46 ff. shall apply.

   The implementing authority shall have 20 days in which to decide whether the application has been properly documented or is inadmissible. The application will be properly documented when all the requirements of Article 30 above are satisfied and the facts set out in the application have been checked and verified by preliminary summary examination.

   The implementing authority may, once only, request additional information from the applicant, indicating a time-limit for its submission. If additional information has been requested, the implementing authority shall have 20 days from the date of submission to decide whether the application has been properly documented or is to be considered finally inadmissible.

   A third country, through its authorities, may make an application for the imposition of anti-dumping duties.

   The application mentioned in the preceding Article must include information to show that the imports are being dumped in Uruguay and that this is causing injury to the domestic industry in the third country.

   The analysis of the application shall take into account the effects of the alleged dumping on the domestic industry in the third country. Thus, the injury shall not be assessed in relation only to the effects of the alleged dumping on the industry's exports to Uruguay or on its total exports. If a decision is taken to initiate an investigation, the national authorities shall seek the approval of the Council for Trade in Goods of the World Trade Organization.

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).

   The Commission may also initiate an investigation ex officio when it considers that there are signs of such practices. (1992 Law, Art. 38).

   The application to initiate an investigation shall contain the following requisites:

         "1. The elements laid down in Article 49 of the Basic Law on Administrative Procedure;

         2. The name, specifications, characteristics, use or end-use of the foreign good concerned;

         3. The name, specifications, characteristics, use or end-use of the like good produced in Venezuela, together with its manufacturing cost, market price and production cost; and

         4. Any other facts or evidence proving the alleged dumping or subsidies, the injury and the causal relationship between them". (1992 Law, Art. 39.)

   "To the extent possible", the application shall also give the name and other information identifying the producer or producers of the allegedly dumped or subsidized good; information identifying the exporter or exporters of the said good to Venezuela, statistical data on such exports and their growth potential; the manufacturing cost and market price of the good concerned in the country of export to Venezuela and to third countries; information identifying the domestic producer or producers of the like good, as well as any other information considered useful in support of the application. (1992 Law, Art. 39).

   The 1993 Regulations, Arts. 61 through 68, elaborate on the information that is to be included: information on the normal value (with supporting documentation such as quotations, price lists, commercial invoices, etc.), the export price (confirmed by quotations, commercial invoices, price lists, where possible), the type of subsidy and the producer's entitlement to same (including the legal instrument conferring the subsidy), and evidence of injury based on the applicant's production for the past two years, its decreases in volume, market share, profits, and prices.

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