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Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere
I. Legal Authority to Impose Antidumping and Countervailing Duties
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.
St. Lucia applies Act No. 25 of 1964, also known as the Customs Duties (Dumping and Subsidies) Ordinance which went into force on 19 December, 1964.
Saint Lucia does not have any regulations currently in force relating to antidumping and countervailing duty measures.
II. Authorities Responsible for Conducting Investigations
The Customs Duties (Dumping and Subsidies) Ordinance gives responsibility for investigations to the Minister (Section 3(1)) who is defined in Section 2 as Minister means the member of the Executive Council for the time being charged with the subject of trade.
B. Antidumping and Countervailing Duties
A. Like Product
For the purposes of antidumping measures, Section 9(2) defines "like product" as goods of the description in question (that is to say, any identical or comparable goods).
B. Domestic Producers
The possible effect of dumped or subsidized imports on domestic industry, or the establishment of an industry, is discussed in Section 3(1)(b). No definition is provided.
Investigatory powers rest solely with the Minister. There is no provision relating to standing in the Ordinance.
However, Section 3(1)(b) requires that the Minister shall not exercise that power (application of duties) if it appears to him that to do so would conflict with the provisions for the time being in force of the General Agreement on Tariffs and Trade.
E. Normal Value
The determination of value is derived from Section 2.
For the purposes of this Ordinance imported goods shall be regarded as having been dumped
(a) if the export price from the country in which the goods originated is less than the fair market price of the goods of that country, or
(b) in the case where the country from which the goods were exported to the Colony is different from the country in which they originated
(i) if the export price from the country in which the goods originated is less than the fair market price of those goods in that country, or
(ii) if the export price from the country from which the goods were so exported is less than the fair market price of those goods in that country.
F. Calculation of Cost of Production
G. Export Price
H. Export Price - Adjustments
J. Threat of Injury
K. Material Retardation
M. De Minimis Provision
N. Margin of Dumping
O. Subsidy Rate
IV. Steps of the Investigation
A. Petition Filing
B. Initiation of Investigation
C. Issuance of Questionnaire
D. Response to Questionnaire
E. Preliminary Determination
F. Conduct Verification
I. Final Determinations
J. Maximum Length of Investigation
K. Maximum Duration of Antidumping and Countervailing Duty Orders
M. Best Information Available (or "Facts Available")
N. Consumers as Interested Parties
O. Public Interest
P. Undertakings or Commitments
V. Review of Antidumping and Countervailing Duty Determinations
A. Annual Reviews
B. Duty Refund Review
C. Sunset Review
D. Changed Circumstances Review
E. New Shipper Review
3. Judicial, Administrative or Other Review
F. Procedures for Due Process
1. Notification of Initiation of Investigation
2. Questionnaires (Distribution, Response Time, Extensions, Supplements)
3. Publication of Antidumping and Countervailing Duty Determinations
4. Access to Public Information
5. Access to Confidential Information
6. Decision Making Process (Ministerial Approval, Commission Vote, etc.)
G. Application and Collection of Duties
1. Suspension of Liquidation
2. Use of Bonds or Cash Deposits
3. Methods of Liquidation
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