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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


  1. Review of Antidumping and Countervailing Duty Determinations

    1. Annual Reviews


      a. Antidumping

      WTO Standard: When the amount of the anti-dumping duty is assessed on a retrospective basis, the determination of the final liability for payment of anti-dumping duties shall take place as soon as possible, normally within 12 months, and in no case more than 18 months after the date on which a request for a final assessment of the amount of anti-dumping duty has been made (footnote omitted). Any refund shall be made promptly and normally in not more than 90 days following the determination of final liability . . . . In any case, where a refund is not made within 90 days, the authorities shall provide an explanation if so requested. (AD Agreement, Art. 9.3.1).

      b. Countervail

      WTO Standard: There is no parallel provision in the SCM Agreement.

      Same as for dumping, except omits a few provisions specific to price discrimination (e.g., II/105).

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

   a. Antidumping

   Argentina directly applies the standards of the WTO Agreements.

   b. Countervail

   Argentina directly applies the standards of the WTO Agreements.

Bolivia

   According to Article 44 final determinations which establish antidumping or countervailing duties may be reviewed so long as there is sufficient reason.

   Such review may be self initiated by the Agency at any time, or at the request of the interested party after one year following the final determination.

Brazil

   Reviews of all or a portion of a decision relative to the application of antidumping or countervailing duties may be initiated at the request of an interested party or on the initiative of the Administração Pública Federal or of SECEX, as long as it has been at least one year since the imposition of antidumping or countervailing duties and sufficient evidence is presented that:

         1) the application of duties is no longer necessary to offset the dumping (subsidization);

         2) the injury would probably cease or fail to recur if the duty were revoked or changed; or

         3) the existing duties are no longer sufficient to offset the injury caused by the dumping (subsidization). Art. 58; Art. 68.

   In exceptional circumstances or for reasons of national interest a review may be initiated in less than one year if required by an interested party, the Administração Pública Federal or at the initiative of the investigating authorities. Art. 58-1; Art. 68-1.

   A notice of the initiation of a review shall be published in the Diário Oficial da União and the interested parties notified. Art. 58-2; Art. 68-2.

   A review must be completed within 12 months of its initiation. Art. 58-3; Art. 68-3.

   Notice of the end of the review will be published in the Diário Oficial da União and the interested parties notified. Art. 58-6; Art. 68-6.

   Until the conclusion of the investigation, the duties will not be altered and will remain in force. Art. 58-4; Art. 68-4.

   The Minister of Industry, Trade, and Tourism and the Minister of Finance may, based on the evidence in the review, extinguish, maintain, or alter the duties. If they determine the duties where higher than was necessary to offset the injury and are no longer justified, the duties will be refunded. Art. 58-5; Art. 68-5.

Canada

   Under Canada's prospective normal value system, a specific normal value is usually provided to the exporter and no duties are levied if the exporter prices at or above normal value.

   Re-investigations to update normal values or amounts of subsidy and to establish values for new exporters or new models are conducted periodically, generally on an annual basis.

   Further, an exporter not included in the original investigation or a subsequent re-investigation may request an expedited review of its normal values or amounts of subsidy.

Chile

   There is no provision in Chilean law regarding the conduct of annual reviews of definitive antidumping or countervailing duty measures.

   Because antidumping and countervailing duties may be imposed for a maximum duration of only one year, annual reviews are not necessary. (Law 18525, Art. 10).

   However, the Commission may at any time, when in possession of information for so doing, recommend to the President of the Republic, that the measures in force be modified or repealed before they are due to expire.

   In order to make such a recommendation, the Commission must have previously heard the views of the interested parties on the information which, in its opinion, makes it necessary to modify or repeal the measure adopted.

   The interested parties shall be considered to have been heard 10 working days after having been sent the corresponding communication transmitted by the Commission, whether or not they have made observations concerning the information brought to their attention. (Decree 575, Title 2, Art. 18).

Colombia

   The requests for review referred to in this chapter should be submitted to the Trade Practices Bureau of INCOMEX, or to its Regional or Departmental Offices.

   If submitted to a Regional or Departmental Office, the request shall be understood to have been submitted two days after it is filed, which is the time period available to the Regional or Departmental Offices to forward it to the above-noted Office of INCOMEX. The request shall contain at least the following information and evidence:

         1. Identification of the requesting party.

         2. Name and address of other interested parties, when that information is available.

         3. Evidence of what is intended to shown.

         4. Declaration of the likely effects of eliminating or modifying the duty subject to review or examination.

         5. The argument that eliminating the duty would give rise to the continuation or recurrence of the dumping and the injury.

         6. Identification and justification of confidential information, and non-confidential summary thereof.

   If it is indicated that said information cannot be summarized, the reasons why it is not possible to present a summary should be set forth.

         7. Offer to present the additional documents that are required to the authorities, as well as to facilitate verification of the information supplied. For the reviews provided for in Article 64 of this decree, the information required in paragraphs 4 and 5 shall not be required by the authority.

   Nonetheless, the information on its normal value and export prices should be submitted. For the purposes of communicating that the request meets the requirements, and of evaluating it, as well as for initiating the review or examination, the procedure shall be pursuant to the provisions of Article 43, first and second paragraphs, and Articles 44 and 46, all of this decree. The decision as to whether it is merited to initiate a review or an examination shall depend on the request being timely, submitted by a person with standing to do so, and being properly justified and accompanied by the evidence of the facts intended to be shown. The notice to participate in the review or examination shall be governed by the provisions of Article 47 of this decree. Notwithstanding the foregoing, the interested parties shall have two months, counted from publication of the notice, to declare their willingness to participate in the review or examination, and within that time frame shall provide the information requested by INCOMEX for this purpose.

   In addition, they are to attach a statement, accompanied by the evidence supporting their assertions, on the likely effects of eliminating the duty under review. When there are motives that so justify, the General Bureau [Dirección General] of INCOMEX may extend this term, by reasoned order, only once, for up to 15 calendar days. This extension applies for all those who seek to respond to the notice.

   If the notice is not answered by the interested parties, in those cases in which the examination discussed at Article 62 of this decree is undertaken by INCOMEX on its own initiative, INCOMEX shall order that the investigation be closed. In that case, the Ministry of Foreign Trade, within 30 calendar days after the expiration of the notice period, shall order elimination of the duty imposed, by reasoned order. The absence of participants in the reviews discussed at Article 60 of this decree shall lead to the closing of the procedure.

   In this event the final duty and the expressions of intent shall be maintained without modification. Within four months following the expiration of the term for the production of evidence, INCOMEX, based on the evidence and information available or based on the best available information, shall prepare a technical report with which it shall conclude the review or examination provided for in this chapter.

   The report should contain INCOMEX's findings and conclusions on the relevant issues of fact and law. In the report with which the review or examination is concluded a recommendation should be made to maintain, modify, or eliminate the final antidumping duty or to accept the expressions of intent. INCOMEX, within the period indicated in this article, shall convene the Committee on Trade Practices in order to present the final results of the review or examination, for the Committee to give its opinion.

   The period indicated here may be extended by INCOMEX for up to one month, when it deems that special circumstances so merit. If as a result of a review performed pursuant to this chapter it is concluded that maintaining a final antidumping duty is not justified, the Ministry of Foreign Trade shall eliminate it immediately, and shall so inform the Bureau of National Taxes and Customs (DIAN).

Costa Rica

   When the amount of the anti-dumping duty is assessed on a retrospective basis, the determination of the final liability for payment of anti-dumping duties shall take place as soon as possible, normally within 12 months, and in no case more than 18 months, after the date on which a request for a final assessment of the amount of anti-dumping duty has been made (the endnote is omitted).

   Any refund shall be made promptly and normally in not more than 90 days following the determination of final liability. [...]

   In any case, where a refund is not made within 90 days the authorities shall provide an explanation if so requested.

   An executive decree allows greater latitude for review of decisions ordering anti-dumping and countervailing duties. Article 36 of Decree 24868-MEIC stipulates that "...once a measure is adopted, it may be reviewed at any time after its execution."

Dominican Republic

Ecuador

   After the first year of imposition of definitive duties, the investigating authority may, ex officio or upon application by an interested party, order the investigation to be reopened in order to review the duties, if it considers that the conditions which led to their being imposed have changed.

   The resolution ordering the investigation to be reopened shall be equivalent to that adopting the preliminary decision.

   The period between the resolution on reopening and the resolution adopting a new termination of the investigation shall not exceed five (5) months.

   Any anti-dumping or countervailing duties that have been imposed shall be applied in full until the investigation is terminated.

El Salvador

   a. Antidumping

   Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).

   b. Countervailing Duties

   Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).

Guatemala

   Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).

Honduras

   Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).

Jamaica

Mexico

   I. Initiation of the review

   Countervailing duties imposed in the final decision for an investigation against unfair practices through either price discrimination or subsidies, shall be in effect as necessary to counteract the unfair practice that causes or threatens to cause damage to national production of products similar to the one investigated.

   They must be reviewed annually, at the petition of a concerned party, or at any time officially by the Secretariat of Trade and Industrial Development, which is the investigating authority by virtue of a change in circumstances whereby the existence of unfair practice was determined under the terms provided for in Articles 68 of the Law and 99 of the Regulations.

   The review procedure begins officially or at the request of a concerned party, who must appear during the twelfth month after publication of the final decision, having participated in the procedure that gave rise to the final countervailing duty, or at the request of any producer, importer or exporter who, without having participated in such procedure, establishes legal interest under the terms of Articles 100, first paragraph, and 101of the Regulations.

   The Secretariat issues forms for presentation of the petition for review of final countervailing duties, which must be duly answered by the parties concerned requesting such review.

   In accordance with the provisions of Article 101 of the Regulations, the party concerned may ask the following of the Secretariat in the petition:

         I. In the case of a foreign exporter or an importer of the goods in question:

               A. That the individual price discrimination margin be examined or considered, and

               B. If appropriate, that the countervailing duty be changed or lifted.

         II. If the petitioner is a national producer:

               A. That examination be made of the standard value and export price determined during a specific period, in the course of normal trade operations, with respect to one or several foreign exporters, and

               B. If appropriate, that the countervailing duty be confirmed or increased. Moreover, during the procedure the national producer may ask that an examination be made as to whether modification or lifting of the final countervailing duty would cause the damage or threat of damage to recur, for which purpose the producer has the obligation to provide the pertinent evidence.

   Within 30 days after presentation of the petition (Article 103 of the Regulations), the Secretariat must:

         I. Accept the petition and declare initiation of the review through the corresponding decision, which must be made known to the parties concerned.

         II. Ask the petitioner for further evidence or data, which must be provided within 20 days after receipt of the injunction.

   If the material requested is provided satisfactorily, within 20 days the Secretariat shall proceed in accordance with the provisions in the preceding section.

   If it is not provided on time and does not include the items and data requested, the petition shall be abandoned and the petitioner shall be personally notified, or

         III. Dismiss the petition when suitable information or evidence that would justify it is not presented, and notify the petitioner personally.

   II. Publication of the decisions made in the review procedure. During the review procedure three decisions are announced: one on initiation, one preliminary, and another final.

   These must be published in the Official Daily Gazette of the Federation and must meet the requirements indicated in the Law and Regulations.

   In addition, in accordance with the provisions of Article 99 of the Regulations, the review procedure must be in keeping with matters related to conciliatory hearings, countervailing duties, commitments by exporters and governments, evidence, allegations, public hearings, technical meetings for information, notifications, verifications and other provisions common to procedures.

   III. Purpose of the review and duration of the countervailing duties. The final countervailing duties remain in effect for the time and to the extent they may be necessary to counteract the unfair practice that is causing damage or threat of damage to national production, as provided for in Article 67 of the Law.

   In the review procedure the parties may assume price commitments, ending the review (Articles 68 and 72 of the Law).

   During the review the parties concerned have the option to secure payment therefor. This security is made in the manner and under the terms provided for in the Fiscal Code of the Federation (Article 102 of the Regulations).

   If, upon reviewing the final countervailing duty, the Secretariat finds that such duty is no longer justified or that the price discrimination margin no longer exists, it must be lifted at once.

   Under the latter assumption, the Secretariat must conduct an official review for three consecutive years during the anniversary month, as established in Article 105 of the Regulations.

   If the Secretariat finds from the review that the price discrimination margins have changed with relation to those having brought about the final countervailing duties, any new duties established must replace the former ones.

   Such duties are final and may be reviewed under the terms of the applicable legislation, as provided for in Article 106 of the Regulations.

Nicaragua

   Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).

Panama

   A review of the measures imposed in the final decision will be done officially or at the request of the party at least once every twelve (12) months to determine whether the measures should be continued. Article 87.

Paraguay

Peru

   The review procedure shall be governed by the provisions laid down in Articles 18 to 53 of these Regulations, where applicable.

Santa Lucia

Trinidad and Tobago

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

United States

   Each year after issuing an antidumping or countervailing duty order or entering into a suspension agreement, Commerce will conduct, upon request by an interested party, an administrative review of the order or suspension agreement.

   Based upon an examination of the information updated since the last determination from the foreign producers/exporters (and, in CVD proceedings, the foreign government), Commerce will determine the actual margin of dumping or the net countervailable subsidy for all entries of merchandise subject to review.

   The administrative review is very similar to the investigation in terms of procedures and requirements.

   The Commerce Department publishes a notice announcing the initiation of the administrative review, issues questionnaires similar to those issued in the original investigation, conducts verification (though Commerce is not required to verify in every review), issues a preliminary results of review, accepts legal briefs, holds a public hearing if requested, and issues a final results of review.

   Commerce publishes in the Federal Register the results of any annual review which provides the level of any AD or CVD duties to be assessed and the new cash deposit rate applicable to future entries of that merchandise.

   The ITC does not re-examine injury to the domestic industry during annual administrative reviews. If the actual margin of dumping or rate of subsidization found in a review is lower than the previously established cash deposit rate, a refund of the over assessment is paid with interest to the importer.

   If the actual margin of dumping or subsidization is higher than the previously established cash deposit rate, the under-assessment will be collected with interest from the importer.

Uruguay

   A review, complete or partial, of the decisions relating to the application of an anti-dumping duty, at the request of the interested parties or de officio, shall be carried out only if at least one year has elapsed since the imposition of the definitive anti-dumping duties, and only if sufficient evidence is submitted to show that:

         (a) The application of the measure is no longer necessary to offset dumping;

         (b) the injury would be unlikely to continue or recur if the measure were removed or varied; or

         (c) the existing measure is not or is no longer sufficient to counteract the dumping which is causing injury. In exceptional cases, where there has been a radical change in circumstances or the national interest so requires, decisions relating to prices may be reviewed within less than one year, at the request of an interested party or de officio.

Venezuela

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