Free Trade Area of the Americas - FTAA

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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere

  1. Steps of the Investigation

    1. Briefs

      WTO Standard: No specific provision.

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


   As a complement to the required information in the questionnaires, the parties concerned can give additional information and the competent authority will use them to the degree that they are pertinent to the investigation.


   No statutory provision.


   Additional or supplementary information may be requested or accepted in writing throughout the investigation. The time-limit for providing the information requested shall be set based on the nature of the information and may be extended by means of a duly justified request. The time-limits of the investigation shall be taken into account with regard to requesting information and considering any additional information submitted. (Dec. 1602/95 - Art. 27.2, Dec. 1751/95 - Art. 37.2).


   After the commencement of the inquiry, the Canadian International Trade Tribunal's staff will issue questionnaires requesting information from interested parties including domestic producers and importers.

   The interested parties will subsequently provide additional information through their submissions filed with the Tribunal.

   With respect to an injury inquiry, the Tribunal may, at any time, direct any party to an inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material:

         a) a written submission with respect to such matters as the Tribunal directs;

         b) a statement of the evidence adduced or to be adduced by the party;

         c) the documentary evidence that the party wishes to file; and

         d) a description of any exhibit in other than documentary form the party intends to adduce at the inquiry (Tribunal Rules 60(1)).


   There is not statutory provision pertaining to the filing of briefs.


   The interested parties intervening in the investigation, within 15 working days of the expiration of the time period for the production of evidence, shall have, only once, the opportunity to submit their opinions in writing regarding the investigation and/or to controvert the evidence provided and collected during the investigation.

Costa Rica

   There is no provision on this matter.

Dominican Republic


El Salvador

   For the case of products originating from Central America, after the application is processed in accordance with the preceding chapter, with notification of the resolution to which the last paragraph of the preceding article refers, the investigating authority, within the same term indicated there, shall remit to the SIECA (Permanent Secretariat of the General Treaty of Central American Economic Integration) a summary of the case so that SIECA might notify the other states and convene the Executive Committee to take up the matter.




   The Commission shall give a notice that shall specify a period within which interested parties may present their views in writing to the Commission or make arrangements with the Commission to be heard, which period shall, in the case of an exporter of or the government or person giving a subsidy affecting the goods in question, be not less than thirty days from the commencement of the investigation.


   The Ministry shall appoint a period for pleadings following the period for the presentation of evidence to permit the interested parties to make their submissions.

   The Ministry's decisions to accept a given piece of evidence shall not be open to appeal during the proceedings. (I/82).





Santa Lucia

Trinidad and Tobago

   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)).

United States


   Interested parties are given the opportunity to file affirmative and rebuttal briefs with Commerce.

   Only those arguments included in the written legal briefs may be raised at the public hearing.

   2. ITC

   In the preliminary phase investigation, any party may submit a written brief containing information and arguments pertinent to the injury investigation by the date specified in the ITC's notice of institution of the investigation.

   The date is usually a few days after the preliminary conference.

   Briefs may also contain responses to questions posed by Commission staff at the conference.

   In the final phase investigation, interested parties may submit a pre-hearing brief no later than four days prior to the hearing date specified in the notice of institution of the final phase investigation.

   The briefs present a party's case and include information and arguments which the party believes relevant to the ITC's injury determination.

   Any interested party may also file a post hearing brief concerning the information generated at or after the hearing.

   Post hearing briefs may also include response to questions posed by the ITC Commissioners at the hearing. Parties may also submit final comments on any information disclosed to them after they have filed their post hearing brief.



   The applicant, importers and exporters involved in an investigation and other interested parties may present their arguments in writing to the Technical Secretariat within sixty working days from the date of initiation of the investigation. (1992 Law, Art. 45).

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