4. Steps of the Investigation
   3. Issuance of Questionnaire

      WTO Standard: All interested parties in an investigation shall be given notice of the information which the authorities require the ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question. (AD Agreement, Art. 6.1; SCM Agreement, Art. 12.1)

Argentina

   In general, the cited standards of the WTO are applied. Article 17 of Decree 766/94 and article 42 of Decree 2121/94 which are cited below, are of supplementary application on this subject, to the degree that they do not contradict the Agreement's provisions.

         1. Injury The Commission may require any data and information that it considers relevant to complete its investigation, in which case the provisions of Article 707 of the Customs Code apply. It may also carry out investigations in other countries when circumstances so require. (Decree No. 766/94, Art. 17).

         2. AD/CVD For purposes of the conduct of the investigation, the competent implementing authority may seek any information required by sending questionnaires to all interested parties. (Decree No. 2121/94, Art. 42).

Bolivia

   Within a maximum period of five (5) calendar days from the date of the Ministerial Decision to initiate an investigation, the Technical Secretariat shall forward basic questionnaires to the exporters or domestic producers and to diplomatic or consular representatives, requesting information on the case.

   The same time-limits shall apply to the dispatch of questionnaires subsequent to the preliminary determination. Bi-ministerial Decision, Art. 11.

Brazil

   The known interested parties in an investigation into dumping shall be contacted regarding the information required and shall have every opportunity to submit, in writing, any evidence they deem relevant to the investigation in question. In the event of an investigation into subsidies, the same shall apply to the known interested parties and to the governments involved. (Dec. 1602/95 - Art. 26, Dec. 1751/95 - Art. 36).

   The interested parties, with the exception of the governments of the exporting countries, shall receive questionnaires designed to investigate the alleged dumping and shall be given 40 days within which to respond. This time-limit shall be counted from the date on which the questionnaires were sent out. In the case of an investigation into subsidies, the known interested parties and governments of the exporting countries involved shall receive questionnaires and shall be given the same 40-day response time. (Dec. 1602/95 - Art. 27.caput, Dec. 1751/95 - Art. 37.caput).

   Requests for extensions of the 40-day time-limit shall be considered and, if there is proven need, such extensions shall be authorized, where practicable, for a up to a further 30 days, taking into account the time-limits of the investigation. (Dec. 1602/95 - Art. 27.1, Dec. 1751/95 - Art. 37.1).

Canada

   The Special Import Measures Act (SIMA) subsection 34(1) requires that, on the day of initiation of an investigation, a notice of investigation is provided to all known interested parties, and is published in the official Canada Gazette.

   This notice invites interested parties to file written submissions.

   Also on the day of initiation, a request for information is sent to all known exporters and importers.

Chile

   All interested parties to an antidumping or subsidy investigation shall be given notice of the information required by the Commission, and shall have ample opportunity to submit, in writing, any evidence they consider relevant to the investigation in question. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).

Colombia

   Within seven working days within the date of publication of a resolution ordering initiation of the investigation, INCOMEX shall forward a copy of the resolution and the forms established for the purpose of requesting information on the case to the interested parties connected with the application at the address indicated thereon, and to the diplomatic or consular representatives of the country or origin or of export.

   Other interested parties shall be convened by notice published only once in a national newspaper with a broad circulation.

   INCOMEX shall observe the same time limits for the dispatch of questionnaires subsequent to the preliminary determination, where necessary.

   Interested parties shall return the forms, duly completed, within 40 calendar days following the day of their dispatch, without prejudice to the periods provided for in trade agreements entered into by the country.

   This period may be extended in a reasoned resolution, by up to ten further calendar days in the event of a duly justified request by the interested parties.

   Replies sent by producers or exporters abroad shall be submitted in Spanish, or in an official translation, as shall the documents intended to demonstrate the claims made by each interested party to the investigation. (Decree 299, Chapter 7, Art. 38).

Costa Rica

   All interested parties in an anti-dumping investigation shall be given notice of the information which the authorities require and ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question.

Dominican Republic

Ecuador

El Salvador

   The Investigating Authority will advise the interested parties that information should be presented which is pertinent to the investigation, with ample opportunity for providing all evidence in writing.

   After deciding to open the investigation, the Investigating Authority will provide a questionnaire to the appropriate interested parties. Article 11 CARUTP.

Guatemala

   The Investigating Authority will advise the interested parties that information should be presented which is pertinent to the investigation, with ample opportunity for providing all evidence in writing.

   After deciding to open the investigation, the Investigating Authority will provide a questionnaire to the appropriate interested parties. Article 11 CARUTP.

Honduras

   The Investigating Authority will advise the interested parties that information should be presented which is pertinent to the investigation, with ample opportunity for providing all evidence in writing.

   After deciding to open the investigation, the Investigating Authority will provide a questionnaire to the apppropriate interested parties. Article 11 CARUTP.

Jamaica

   The Board seeks all information it considers necessary to assist it in its investigation. (Sec. 17).

   The Board can require persons it considers appropriate to state the facts concerning the goods and their history as it deems proper to make an AD/CVD determination. (Sec. 20(4)).

   Any information submitted to the Board in connection with an AD/CVD investigation is treated as confidential and will not be revealed by anyone who received the information. (Sec. 21).

Mexico

   In cases of investigations at the petition of a party that meet the requirements provided for in the applicable legislation, in accordance with the first part of Article 52 of the Law, the Secretariat shall publish the corresponding decision for initiation in the Official Daily Gazette of the Federation within 30 working days after presentation of the petition or, in the event there has been an injunction by the investigating authority, within 20 working days from the date on which the petitioner has exhausted such injunction.

   "The Ministry may request the interested parties to produce evidence, information and data which it considers relevant, for which purpose the Ministry's questionnaires shall be used". (I/54).

   In addition, the Ministry "may request the producers, distributors or traders of the goods in question as well as the customs officers, agents, representatives and persons receiving the imported goods, or any other person it deems appropriate, to provide information and data which they have at their disposal". (I/55).

   "Failure to provide the Ministry with the documents and reports related to cases referred to in [this Article (I/55)] within the deadline stipulated in the relevant request" shall result in a "fine equivalent to 180 times the legal minimum wage". (I/93-IV).

Nicaragua

   The Investigating Authority will advise the interested parties that information should be presented which is pertinent to the investigation, with ample opportunity for providing all evidence in writing.

   After deciding to open the investigation, the Investigating Authority will provide a questionnaire to the appropriate interested parties. Article 11 CARUTP.

Panama

   Questionnaires, inspections, technical rulings or expert opinions may also be subpoenaed, at the expense of the interested parties, when deemed appropriate, and any measures for the purpose of verifying the alleged facts may be ordered.

   The complaint so conveyed will be accompanied by a questionnaire enumerating the points to be addressed in the response. Article 153 & 155.

Paraguay

   Within the seven working days following the date of publication of the resolution that orders that the investigation be opened, the Ministry of Industry and Commerce shall give notice to the parties of said resolution, remitting together a questionnaire and the forms designed for that purpose to request information on the case from the interested parties that are appropriate, including the authorities of the exporting country, if appropriate.

   Notice of them shall be given in the offices of the diplomatic or consular representation in Paraguay.

   If the number of exporters in question is very high, the notice shall be sent only to the Association of the exporting member or the competent trade association, as the case may be.

Peru

Santa Lucia

Trinidad and Tobago

   The Authority before initiating an investigation shall hold a preliminary hearing of all interested persons and such experts and other witnesses as it thinks fit and require any of those persons to complete a questionnaire.

   Questionnaires may also be issued after a decision is taken to initiate an investigation.

United States

   1. COMMERCE - AD INVESTIGATION

   Once an antidumping investigation is initiated, Commerce issues a questionnaire requesting from the foreign producer(s) and/or exporter (s) general information about the company, its operations and the products produced and/or sold, transaction - specific data on U.S. sales, home market (or third country, if applicable) sales, cost of production information, etc.

   Companies are required to submit their questionnaire responses in English and in accordance with certain specified formats and on computer medium.

   2. COMMERCE - CVD INVESTIGATION

   Once a CVD investigation is initiated, Commerce issues a questionnaire to the foreign producer(s) and/or exporter(s) involved in the proceeding, as well as to the national government and, if applicable, any sub-national governments in the country/countries where the producers and/or exporters are located.

   The government questionnaires seek information on the nature of the alleged subsidy programs and the amount of benefits bestowed on specific companies.

   The company questionnaires seek information on the product, the value and volume of domestic and export sales, and the total amount of benefits received under the alleged subsidy programs.

   3. ITC INVESTIGATION

   In order to obtain information for its injury investigation, the ITC issues questionnaires to U.S. producers, importers, and purchasers (purchasers do not receive questionnaires in a preliminary phase investigation).

   The ITC only issues questionnaires to foreign producers and exporters if they are represented by counsel.

   The ITC requests financial information from U.S. producers, and information from all recipients on purchasing, production, firm operations, competition, and data on imports, exports, shipments, and pricing.

Uruguay

Venezuela

   The Technical Secretariat shall send questionnaires and forms to the interested parties, who shall furnish the information requested within the time-limit laid down in the aforesaid documents.

   Failure to meet this obligation shall give rise to the [use of best information available]. (1993 Regulations, Art. 70).