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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere


Jamaica

 

I. Legal Authority to Impose Antidumping and Countervailing Duties

A. Treaties or Agreements

Article VI of the GATT 1995, the WTO Antidumping Agreement ("AD Agreement") and the Agreement on Subsidies and Countervailing Measures ("SCM Agreement").

These Agreements apply to all WTO signatories.

B. Legislation

   Jamaica applies the Customs Duties (Dumping and Subsidies) Act of 1999.

C. Regulations

   The Minister may make regulations subject to affirmative resolution generally for giving effect to the provisions of this Act.

D. Administrative Practice, Handbook or Guide

II. Authorities Responsible for Conducting Investigations

A. Injury

B. Antidumping and Countervailing Duties

   The competent authority for initiating, conducting and making recommendations in antidumping and countervailing duty investigations is the Anti-dumping and Subsidies Commission (“the Commission”).

   The provisions of the Schedule shall have effect with respect to the constitution and procedure of the Commission and otherwise in relation thereto.

   The functions of the Commission shall be

         (a) to carry out on its own initiative or on the request of any person, investigations in relation to the dumping of goods or the giving of a subsidy affecting goods and to make such reports and recommendations in relation to such goods as it considers necessary;

         (b) to carry out such other investigations as it may consider necessary or desirable in connection with matters falling within the provisions of this Act;

         (c) to advise the Minister on such matters relating to the operation of this Act, as it thinks fit or as may be requested by the Minister;

         (d) to carry out such other duties as may be prescribed by or pursuant to this Act.

   For the purposes of carrying out its functions pursuant to this Act, the Commission may

         (a) summon and examine witness;

         (b) call for and examine documents;

         (c) administer oaths;

         (d) require that any document submitted to the Commission be verified by affidavit;

         (e) adjourn any investigation from time to time.

   The Commission shall seek to obtain all information that it considers necessary to assist it in its investigations. The Commission may enter into arrangements with any body or person recognized by the Commission as having specialized knowledge of any matter being investigated by the Commission, to assist it in an advisory capacity in its investigation of that matter.

III. Methodologies/Definitions

A. Like Product

B. Domestic Producers

C. Standing

D. Polling

E. Normal Value

   The fair market price is determined in accordance with regulations made under section 35 which states that the Minister may make regulations subject to affirmative resolution generally for giving effect to the provisions of this Act.

F. Calculation of Cost of Production

G. Export Price

   The export price of goods sold to an importer in Jamaica, notwithstanding any invoice or affidavit to the contrary, is an amount equal to the lesser of:

         (a) the exporter's sale price for the goods, adjusted by deducting there from

               (i) the costs, charges and expenses incurred on sales of like goods for use in the country of export;

               (ii) any duty or tax imposed on the goods by or pursuant to a law of Jamaica to the extent that the duty or tax is paid by or on behalf or at the request of, the exporter; and

               (iii) all other costs, charges and expenses resulting from the exportation of the goods, or arising from their shipment, from the country of origin or country of export, as the case may be; and

         (b) the price at which the importer has purchased or agreed to purchase the goods, adjusted by deducting there from all costs, charges, expenses, duties and taxes described in paragraph (a).

   Where, in the opinion of the Commission, sufficient information has not been furnished or is not available to enable the determination of the export price, that price shall be determined in such manner as the Minister may prescribe. Where goods are or are to be shipped to Jamaica and there is no known purchaser in Jamaica of the goods, export price of the goods shall be determined in such manner as the Commission may specify. Where goods are exported to Jamaica from one country but pass in transit through another country, the export price of the goods shall, subject to such terms and conditions as are prescribed as to shipment, documentation, warehousing, transshipment or the like, be determined as if the goods were shipped directly to Jamaica from the first mentioned country. Where any goods are or are to be shipped indirectly to Jamaica from the country of origin through one or more other countries, the export price of the goods shall, notwithstanding any other provision of this Act, be determined as if the goods were or were to be shipped directly to Jamaica from the country of origin.

H. Export Price - Adjustments

   The export price of goods sold to an importer in Jamaica, notwithstanding any invoice or affidavit to the contrary, is an amount equal to the lesser of

         (a) the exporter's sale price for the goods, adjusted by deducting there from

               (i) the costs, charges and expenses incurred on sales of like goods for use in the country of export;

               (ii) any duty or tax imposed on the goods by or pursuant to a law of Jamaica to the extent that the duty or tax is paid by or on behalf or at the request of, the exporter; and

               (iii) all other costs, charges and expenses resulting from the exportation of the goods, or arising from their shipment, from the country of origin or country of export, as the case may be; and

         (b) the price at which the importer has purchased or agreed to purchase the goods, adjusted by deducting there from all costs, charges, expenses, duties and taxes described in paragraph (a).

I. Injury

   In the Customs Duties (Dumping and Subsidies) Act, material injury means, in respect of the dumping or subsidizing of any goods, material injury to the production in Jamaica of like goods.

J. Threat of Injury

K. Material Retardation

   In the Customs Duties (Dumping and Subsidies) Act, material injury means, in respect of the dumping or subsidizing of any goods, material injury to the production in Jamaica of like goods.

L. Cumulation

M. De Minimis Provision

1. Antidumping

(1) Where at any time before making a preliminary determination in an investigation relating to the dumping or subsidizing of goods

         (a) the Commission is satisfied, in respect of some or all of those goods that

               (i) there is insufficient evidence of dumping to justify proceeding with the investigation in relation thereto; or

               (ii) the margin of dumping is de minimis or that the volume of dumped imports actual or potential, or the injury, is negligible;

         (b) the Commission comes to the conclusion, in respect of some or all of those goods, that the evidence does not disclose a reasonable indication that the dumping or subsidizing thereof has caused or is likely to cause material injury, the Commission shall act in accordance with subsection (2).

(2)The Commission shall

         (a) cause the investigation to be terminated with respect to the goods in respect of which it is satisfied as mentioned in subsection (1)(a) or has come to the conclusion referred to in subsection (1)(b); and

         (b) cause notice of the termination to be given and published as provided in section 25.

   For the purposes of subsection (1)(a) the margin of dumping shall be considered to be de minimis if it is less than two per cent, expressed as a percentage of the export price; (b) the volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than three per cent of imports of the like product in Jamaica, unless countries which individually account for less than three per cent of imports of the like products collectively account for more than seven per cent of imports of the like product.

2. Countervailing

(1) Where at any time before making a preliminary determination in an investigation relating to the dumping or subsidizing of goods

         (a) the Commission is satisfied, in respect of some or all of those goods that

               (i) there is insufficient evidence of dumping to justify proceeding with the investigation in relation thereto; or

               (ii) the margin of dumping is de minimis or that the volume of dumped imports actual or potential, or the injury, is negligible;

         (b) the Commission comes to the conclusion, in respect of some or all of those goods, that the evidence does not disclose a reasonable indication that the dumping or subsidizing thereof has caused or is likely to cause material injury, the Commission shall act in accordance with subsection (2).

(2) The Commission shall

         (a) cause the investigation to be terminated with respect to the goods in respect of which it is satisfied as mentioned in subsection (1)(a) or has come to the conclusion referred to in subsection (1)(b); and

         (b) cause notice of the termination to be given and published as provided in section 25.

   For the purposes of subsection (1)(a) the margin of dumping shall be considered to be de minimis if it is less than two per cent, expressed as a percentage of the export price; (b) the volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than three per cent of imports of the like product in Jamaica, unless countries which individually account for less than three per cent of imports of the like products collectively account for more than seven per cent of imports of the like product.

N. Margin of Dumping

   "Margin of dumping" in relation to any goods, means the amount by which the normal value of the goods in the exporting country exceeds the export price thereof.

O. Subsidy Rate

"Subsidy" in relation to goods that are exported to Jamaica means a financial contribution that is made in connection with the production, manufacture or export of those goods for the purpose of conferring a benefit in relation to those goods

         (a) by

               (i) a government of the country of export or country of origin of those goods; or

               (ii) a public body of that country or of which that government is a member; or

               (iii) a private body entrusted or directed by that government or public body to carry out a government function;

         (b) by means of

               (i) a direct transfer of funds by the government or body as aforesaid to the enterprise by whom the goods are produced, manufactured or exported; or

               (ii) the acceptance of liabilities (whether actual or potential) of that enterprise by that government or body; or

               (iii) the foregoing or non-collection, of revenue other than allowable exemption or remission due to that government or body by that enterprise; or

               (iv) the provision by that government or body of goods or services or other benefits to that enterprise otherwise than in the course of providing general infrastructure; or

               (v) the purchase by that government or body of goods provided by that enterprise; or

               (vi) the provision to the exporter of the goods of any form of income or price support as referred to in Article XVI of the General Agreement on Tariffs and Trade, 1994 that is received from such a government or body.

IV. Steps of the Investigation

A. Petition Filing

   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.

B. Initiation of Investigation

   Where the Commission decides to proceed with an investigation in respect of the dumping or subsidizing of goods

         (a) the Commission shall give notice of that decision to

               (i) the Minister; and

               (ii) the exporter, the importer, the government of the country of export, the complainant (if any), and such other person as may be prescribed; and

         (b) a copy of the notice shall be published in the Gazette and in a daily newspaper circulating in Jamaica.

A notice given under subsection (1) shall

         (a) specify the goods being investigated;

         (b) specify the country or countries in which the goods originated or from which they are exported;

         (c) give a summary of the information received;

         (d) invite representations regarding the investigation to be made to the Commission;

         (e) 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.

C. Issuance of Questionnaire

   The Commission shall give notice of the information required to all interested parties in respect of any investigation pursuant to this Act and provide sufficient opportunity to the interested parties to present in writing all the evidence which they consider relevant in respect of the investigation in question.

D. Response to Questionnaire

E. Preliminary Determination

1. Injury

2. Antidumping

   Within ninety days after the commencement of an investigation relating to the dumping or subsidizing of goods, the Commission shall, in accordance with subsection (2), make a preliminary determination of dumping or subsidizing with respect to the goods in respect of which the investigation has not been terminated pursuant to section 26. The Commission shall make the preliminary determination after estimating and specifying, in relation to each importer of goods in respect of which the investigation is made, as follows

         (a) in the case of dumped goods

               (i) estimating the margin of dumping of the goods to which the preliminary determination applies using the information available to the Commission at the time the estimate is made; and

               (ii) specifying the goods to which the preliminary determination applies;

         (b) in the case of subsidized goods

               (i) estimating the amount of the subsidy on the goods to which the preliminary determination applies using the information available to the Commission at the time the estimate is made; and

               (ii) specifying the goods to which the preliminary determination applies; and

               (iii) subject to subsection (2), where the whole or any part of the subsidy on the goods to which the preliminary determination applies is an export subsidy, specifying that there is an export subsidy on the goods and estimating the amount of the export subsidy thereon; and

         (c) in the case of dumped or subsidized goods, specifying the name of the person who, on the information available to the Commission at the time it makes the estimate referred to in paragraph (a)(i) or (b)(i), as the case may be, the Commission believes to be the importer in Jamaica of the goods.

   Where the Commission makes a preliminary determination of dumping or subsidizing in respect of goods, the Commission shall

         (a) publish notice of its determination as provided in section 25;

         (b) give written notice of its determination to the Minister, stating the reasons therefore, together with such other material relating to the determination as may be necessary.

3. Countervailing

   Within ninety days after the commencement of an investigation relating to the dumping or subsidizing of goods, the Commission shall, in accordance with subsection (2), make a preliminary determination of dumping or subsidizing with respect to the goods in respect of which the investigation has not been terminated pursuant to section 26.

   The Commission shall make the preliminary determination after estimating and specifying, in relation to each importer of goods in respect of which the investigation is made, as follows

         (a) in the case of dumped goods

               (i) estimating the margin of dumping of the goods to which the preliminary determination applies using the information available to the Commission at the time the estimate is made; and

               (ii) specifying the goods to which the preliminary determination applies;

         (b) in the case of subsidized goods

               (i) estimating the amount of the subsidy on the goods to which the preliminary determination applies using the information available to the Commission at the time the estimate is made; and

               (ii) specifying the goods to which the preliminary determination applies; and

               (iii) subject to subsection (2), where the whole or any part of the subsidy on the goods to which the preliminary determination applies is an export subsidy, specifying that there is an export subsidy on the goods and estimating the amount of the export subsidy thereon; and

         (c) in the case of dumped or subsidized goods, specifying the name of the person who, on the information available to the Commission at the time it makes the estimate referred to in paragraph (a)(i) or (b)(i), as the case may be, the Commission believes to be the importer in Jamaica of the goods.

   Where the Commission makes a preliminary determination of dumping or subsidizing in respect of goods, the Commission shall

         (a) publish notice of its determination as provided in section 25;

         (b) give written notice of its determination to the Minister, stating the reasons therefor, together with such other material relating to the determination as may be necessary.“

F. Conduct Verification

1. Antidumping

   The Commission shall seek to obtain all information that it considers necessary to assist it in its investigations.

   The Commission shall carry out such other investigations as it may consider necessary or desirable in connection with matters falling within the provisions of the Customs Duties (Antidumping and Subsidies) Act.

2. Countervailing

   The Commission shall seek to obtain all information that it considers necessary to assist it in its investigations.

   The Commission shall carry out such other investigations as it may consider necessary or desirable in connection with matters falling within the provisions of the Customs Duties (Antidumping and Subsidies) Act.

G. Hearings

1. Antidumping

   The Commission may hear orally any person who, in its opinion, will be affected by an investigation under this Act, and shall so hear such person if a written request for a hearing has been made by the person showing that he is an interested party likely to be affected by the result of the investigation and that there are particular reasons why he should be heard orally.

   A person shall be entitled to be represented by counsel at a hearing.

   In holding a hearing, the Commission shall take account of the need to preserve confidentiality.

2. Countervailing

   The Commission may hear orally any person who, in its opinion, will be affected by an investigation under this Act, and shall so hear such person if a written request for a hearing has been made by the person showing that he is an interested party likely to be affected by the result of the investigation and that there are particular reasons why he should be heard orally.

   A person shall be entitled to be represented by counsel at a hearing.

   In holding a hearing, the Commission shall take account of the need to preserve confidentiality.

H. Briefs

   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.

Continue with Final Determinations

 
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