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Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere


  1. Legal Authorities Responsible for Conducting Investigations

    1. Antidumping and Countervailing Duties


      WTO Standard: When the term "authorities" is used, it should be interpreted as meaning authorities at an appropriate senior level. (AD Agreement, fn. 3.)


Argentina

   The Minister of the Economy and Public Works and Services is responsible for making decisions regarding the imposition of anti-dumping and countervailing duties. (Decree 2121/94, Art. 35(a) and Decree 704/95).

   Anti-dumping and countervailing duty investigations are initiated and conducted through the Under- Secretariat for Foreign Trade a subsidiary of the Secretariat for Trade, Industry and Mining of the Ministry of the Economy and Public Works and Services. (Id., Art. 36).

Bolivia

   Technical Secretariat, Minister for Exports and Economic Competition.

Brazil

   The Finance Minister and the Minister of Industry, Commerce and Tourism are the competent authorities to apply provisional measures and definitive rights, to alter or revoke definitive rights as a result of a concluded review, and to enact or end commitments. (Dec. 1602/95 - Art. 2 & Art. 64.2, Dec. 1752/95 - Art. 2 and Art. 73.2).

Canada

   The Deputy Minister of National Revenue (DM) is responsible for deciding whether to initiate an investigation and whether to make a preliminary determination of dumping or subsidizing and reasonable indication of injury, retardation or threat of injury caused by such dumping or subsidizing.

   The Special Import Measures Act subsection 41(1) requires that the DM conduct the final dumping/subsidizing investigation.

Chile

   The National Commission is responsible for investigating the existence of price distortions for imported goods. This Commission is comprised of the Fiscal Nacional Económico [a specially-appointed counselor], who chairs the Commission; two representatives of the Central Bank, appointed by the Bank's Board; one representative each from the Finance Ministry, the Ministry of Economy, Development and Reconstruction, and the Agriculture Ministry (Law 18,.525 was amended by Law 19,383 of the Ministry of Agriculture, published in the Diario Oficial of May 5, 1995), all of whom are appointed by resolution published in the Diario Oficial; the National Director of Customs; and a representative of the Ministry of External Relations. These members may have alternates, appointed by law or by resolution of the institution concerned, published in the Diario Oficial. (Article 11, Law No. 18,525).

Colombia

   The Ministry of Foreign Trade is responsible for the adoption of final decisions and decisions with respect to statements of intent.

   The Trade Practices Committee submits its opinion to the Ministry of Foreign Trade on statements of intent and results of investigations and authorizes extension of the time limit for investigations when there are justifiable grounds for doing so. (Decree 299, Chapter 7, Art. 46).

   Antidumping and countervailing duty investigations are to be conducted by the Colombian Foreign Trade Institute, INCOMEX which is also authorized, and the competent authority, to impose provisional findings.

Costa Rica

   The investigating authority is the Directorate for Integration of the Ministry of Economic affairs, or the Directorate which is responsible for Central American economic integration issues in each country, or the technical unit responsible for the investigation of unfair trade practices.

   In the case of a regional procedure it will be SIECA. The Investigating Authority shall be responsible for questioning, analyzing and evaluating alleged unfair trade practices and for deciding whether it is appropriate to recommend the imposition of antidumping or countervailing duties, as the case may be.

Dominican Republic

Ecuador

   The Ministry of Finance and Public Credit is the authority for establishing, under Decreto No. 2722-A, the measures to prevent and correct dumping or subsidy practices, as well as the reduction or suspension of such measures, for which it relies on the preliminary report of the Special Commission of the Technical Committee on Customs.

   The Special Commission, for the execution of its functions, counts on the reports and studies of the Direccion Nacional de Comercio Exterior del Ministerio de Industrias, Comercio, Integration y Pesca, which operates as the Secretariat of the Commission.

El Salvador

   The investigating authority is the Office of the Director of Trade Policy, Ministry of Economy of El Salvador, or the Directorate which is responsible for Central American economic integration issues in each country, or the technical unit responsible for the investigation of unfair trade practices.

   In the case of a regional procedure it will be SIECA. The Investigating Authority shall be responsible for questioning, analyzing and evaluating alleged unfair trade practices and for deciding whether it is appropriate to recommend the imposition of antidumping or countervailing duties, as the case may be.

Guatemala

   The investigating authority is the Directorate for Integration of the Ministry of Economic affairs, or the Directorate which is responsible for Central American economic integration issues in each country, or the technical unit responsible for the investigation of unfair trade practices.

   In the case of a regional procedure it will be SIECA. The investigating authority is responsible for investigating, analyzing and evaluating the alleged unfair trade practices. The Ministry of the Economy, based on the report of the Investigating Authority, will decide on the imposition of measures in both cases of preliminary as well as definitive determinations.

Honduras

   The investigating authority is the Directorate for Integration of the Ministry of Economic affairs, or the Directorate which is responsible for Central American economic integration issues in each country, or the technical unit responsible for the investigation of unfair trade practices.

   In the case of a regional procedure it will be SIECA. The Investigating Authority shall be responsible for questioning, analyzing and evaluating alleged unfair trade practices and for deciding whether it is appropriate to recommend the imposition of antidumping or countervailing duties, as the case may be.

Jamaica

   The competent authority for initiating, conducting and making recommendations in antidumping and countervailing duty investigations is the Antidumping Advisory Board ("the Board"). (Sec. 15).

   AD/CVD investigations are referred to the Board by the Minister of Industry. (Sec. 14(3)). The Board may, with the approval of the Minister, arrange with any person recognized by the Board as having a specialized knowledge of any matter being investigated in order to assist it in an advisory capacity in its investigation. (Sec. 18).

   The Board has the authority to

         (1) summon and examine witnesses;

         (2) call for and examine documents; and

         (3) adjourn an investigation from time to time. (Sec. 20).

   The Board consists of a Chairman and 13 members, nine of whom are appointed as follows:

         (a) 2 members who are representatives of the Jamaican Manufacturers Association;

         (b) 2 members who are representatives of the Jamaican Chamber of Commerce;

         (c) 1 member who is a representative of the Revenue Board;

         (d) 1 member who is a representative of the Customs and Excise Department;

         (e) 1 member who is a representative of the Planning Institute of Jamaica; and

         (f) 1 member who is a representative of consumers.

   These members are appointed for a period of no longer than 3 years.

   The remaining four ex-officio members are as follows:

         (a) the Solicitor-General;

         (b) the Permanent Secretary in the Ministry responsible for industry;

         (c) the Chairman of the Prices Commission;

         (d) the Permanent Secretary in the Ministry responsible for agriculture; and

         (e) the Permanent Secretary in the Ministry responsible for consumer affairs. (Schedule, Article 1(b)).

   The Board's decision is made by a majority of votes. If there is a tie vote, the Chairman or other person presiding at a meeting has the casting vote. (Schedule, Article 8(5)).

Mexico

   Article 5 of the Foreign Trade Law indicates that the Secretariat, understood to be the Secretariat of Trade and Industrial Development (SECOFI) according to Article 3 of the same Law, has the authority to conduct and deal with investigations of unfair international trade practices and to determine the countervailing duties based on such investigations.

   In accordance with the Internal Regulations of the Secretariat of Trade and Industrial Development, "the Unit on International Trade Practices has the authority to take up, conduct and deal with the administrative procedures of investigation related to unfair international trade practices...".

   In accordance with Article 28 of the Foreign Trade Law, the importation of goods under price discrimination or subject to subsidies in their countries of origin that cause or threaten to cause damage to national production is considered an unfair international trade practice.

   Therefore SECOFI is the agency responsible for conducting investigations of damage. The Mexican system is an integrated one, that is, the same empowering authority makes decisions on dumping, subsidies and damage.

Nicaragua

   The investigating authority is the Directorate for Integration of the Ministry of Economic affairs, or the Directorate which is responsible for Central American economic integration issues in each country, or the technical unit responsible for the investigation of unfair trade practices.

   In the case of a regional procedure it will be SIECA. The Investigating Authority shall be responsible for questioning, analyzing and evaluating alleged unfair trade practices and for deciding whether it is appropriate to recommend the imposition of antidumping or countervailing duties, as the case may be.

Panama

Paraguay

   The Ministries of Industry and Commerce, and of the Treasury, are hereby designated the institutions responsible for enforcing the provisional measures, countervailing measures, and anti-dumping duties established in this decree.

   The Ministers of Industry and Commerce, and of the Treasury, will be entrusted with making decisions, provisional and definitive, on the imposition of anti-dumping or countervailing duties, pursuant to the opinion letters of the Commission.

   The Ministry of Industry and Commerce will be in charge of conducting the investigations and carrying out the administrative procedures, pursuant to the provisions and powers provided for in this decree.

   The "Comisión de Defensa Comercial" (hereinafter "the Commission") is hereby created; it will be in charge of making recommendations on the administrative procedures followed and the corresponding measures. The "Comisión de Defensa Comercial" will be made up of one principal representative and one alternative representative from the following ministries: Industry and Commerce, Treasury, Agriculture, Foreign Affairs, and Integration.

   The "Comisión de Defensa Comercial" will be chaired by the representative of the Ministry of Industry and Commerce.

   The principal representatives from the institutions referred to in the previous section will be entrusted with directly appointing a representative to the Commission.

   The appointments will be within two months of the entry into force of this decree.

   Within three months following the entry into force of this provision, the Commission shall adopt its by-laws; the Guides, setting forth the requirements and the documentation that should be included with the application to initiate the investigation; and the respective forms and/or questionnaires that should be completed by the interested parties.

Peru

   In Peru the Comisión de Fiscalización de Dumping y Subsidios [Dumping and Subsidies Control Commission] of INDECOPI is the competent authority to hear and decide proceedings to determine whether goods are being imported at dumped or subsidized prices, pursuant to Article 3 of Decree Law 25629 (22/07/92).

   In fact, the above-mentioned Commission is named in Article 19 (b) and Article 22 of Decree Law No. 25868 (24/11/92) as having sole national jurisdiction to consider dumping and subsidy cases in preliminary determinations. The Tribunal for the Protection of Competition and Intellectual Property is the administrative authority responsible for hearing and deciding dumping and subsidy proceedings in injury and final determinations, pursuant to the provisions of Article 13 of that same Decree Law, as amended by Article 47 of Legislative Decree 807 (18/04/96).

Santa Lucia

Trinidad and Tobago

   The Anti-Dumping Authority ("Authority") is responsible for

         (1) investigating the existence, degree and effect of the alleged dumping or subsidy of any goods;

         (2) ascertaining whether any imported goods cause or threaten to cause material injury to any industry in Trinidad and Tobago;

         (3) submitting findings to the Minister as to the margin of dumping or the nature and amount of a subsidy; and

         (4) making recommendations to the Minister regarding determinations. (Sec. 17).

   The Authority is designated by the Minister of Trade who may provide the Authority the services of such persons and other facilities as seen necessary. (Sec. 16).

United States

   The Import Administration within the International Trade Administration of the U.S. Department of Commerce is responsible for determining whether alleged countervailable subsidies or dumping of imports is occurring and, if so, the amount of the antidumping or countervailing duty to be imposed.

   The Commerce Department's Import Administration is headed by an Assistant Secretary appointed by the President and confirmed by the U.S. Senate.

Uruguay

Venezuela

   The same Anti-Dumping and Subsidies Commission which determines injury also investigates and determines the existence of dumping or subsidies and, where appropriate, imposes antidumping or countervailing duties. (1992 Law, Art. 33).

   The Commission's "Technical Secretariat" is the Commission's "verificatory and executive body" which receives petitions, carries out the procedures to determine dumping or subsidies and the consequential injury, etc. (1992 Law, Arts. 35-36).

 
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