Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Steps of the Investigation
- Conduct Verification
WTO Standard: The investigating authorities may carry out investigations in the territory of other Members, provided they have notified in good time the Member in question and unless that Member objects to the investigation. Further, investigating authorities may carry out investigations on the premises of a firm and may examine the records of a firm if (a) the firm so agrees and (b) the Member in question is notified and does not object. The procedures set forth in Annex VI [to the Agreement] shall apply to investigations on the premises of a firm. Subject to the requirement to protect confidential information, the authorities shall make the results of any such investigations available or shall provide disclosure thereof [...], to the firms to which they pertain and may make such results available to the applicants. (SCM Agreement, Art. 12.6)
The standard of Article 43 of Decree 2121/94 is complementary to the standard of the Agreements and is applied directly.
For the purpose of verifying the information submitted by a party, or obtaining further information, the competent implementing authority may decide to carry out investigations in the country or abroad.
Verifications abroad must have the prior consent of the firms involved and the government of the country in question.
In the case of verifications to be carried out in the national territory, the party concerned will facilitate the verification requested by the competent implementing authority. (Decree 2121/94, Art. 43).
Same as dumping provision.
In order to verify information provided, SECEX may carry out investigations in the territory of the members as required, provided SECEX obtain the agreement of the firms concerned and the representatives of the government of the member in question are notified and do not object to the investigation. (Dec. 1751/95 - Art. 40.1).
Upon initiating an investigation, the government of the exporting country and the interested companies will be informed of the intentions to carry out on-the-spot investigations. (Dec. 1751/95 - Art. 78).
In exceptional circumstances, the verifiers may include non-government experts.
In such cases the companies and exporting country authorities will be informed.
These experts will keep the information confidential, subject to the penalties for violation contained in Art. 325 of the Brazilian Penal Code. (Dec. 1751/95 - Art. 78.1).
Whenever possible the parties being verified will be told before the visit is made the response to their questions or enquiries. (Dec. 1751/95 - Art. 78.7).
Subject to the requirements to protect confidential information, the authorities shall make the results of any such inbestigations available or shall provide disclosure thereof to the firms to which they pertain and may make such results available to the other interested parties. (Dec. 1751/95 - Art. 40.3).
On-the-spot investigations may be carried out in interested companies located in Brazilian territory, provided that said companies have given their prior authorization. (Dec. 1751/95 - Art. 40.3).
While the verification of submissions for countervail cases is similar to dumping cases, subsidy calculations are based primarily on information provided by the foreign government authorities, verification visits are usually arranged with those authorities.
Visits to the exporter's premises are normally also conducted to obtain additional information respecting the subsidy program and to verify the benefits received by individual firms.
Same as provision in previous section.
Even though there are no provisions on the subject in Colombia's Decree 299 of 1995, the practices are carried out in conformity with Article 5 of the Agreement on Application of Article VI of the General Agreement and Tariffs and Trade of 1994 and Article 12 of the Agreement on Subsidies and Countervailing Measures.
The investigating authorities may carry out investigations in the territory of other Members as required, provided that they have notified in good time the Member in question and unless the latter objects to the investigation.
Further, the investigating authorities may carry out investigations on the premises of a firm and may examine the records of the firm if
(a) the firm so agrees and
(b) the Member in question is notified and does not object.
The procedures [...] shall apply to investigations on the premises of a firm.
The authorities shall, subject to the requirement to protect confidential information, make the results of any verifications available or provide disclosure thereof [...] to the firms to which they pertain and may make such results available to the applicants.
There is no specific provision but El Salvador applies the rules in accordance with the WTO Antidumping and Countervailing Duty Agreements.
The Board examines and obtains verification of the documents submitted to it. (Sec 17).
The Ministry "may verify" the information and evidence submitted during the investigation, and "for that purpose may issue a written order authorizing a search of the legal domicile, the establishment or the place where the relevant information is located. . .". (I/84).
"Information and evidence submitted by the interested parties may be verified in the country of origin if the interested parties so agree. Without their consent, the Ministry shall assume that the requesting party's claims are true, unless there exist elements which indicate otherwise". (I/83).
Detailed records of the searches shall be drawn up in the presence of two witnesses provided by the party subject to the search or, in the absence of the said party or in the event that the said party refuses to provide witnesses, by the authority in charge of the proceedings. (I/83).
There is no explicit statement that the parties shall have access to the report, but the Regulations so imply: they provide the interested parties the opportunity to submit their "opinions or objections to the content of the report". (I/173-VII).
Since the Law and its Regulations fail to indicate the period during which a verification visit should be made, the investigating authority shall observe the provisions of the corresponding articles of the Antidumping Agreement and the Agreement on Subsidies, as well as paragraph 7 of Appendix 1 to the Antidumping Agreement and paragraph VI of the Agreement on Subsidies, respectively.
Trinidad and Tobago
In a CVD investigation, Commerce conducts verification of the data submitted by both the foreign producers/exporters and the foreign government.
During the investigation phase of a CVD proceeding, verifications almost always occur after Commerce issues the preliminary determination.
During the administrative review phase, however, verification typically occurs prior to the preliminary determination.
As part of the verification process, Commerce representatives meet with company officials and review accounting and financial records as well as other records deemed relevant.
In CVD proceedings, Commerce representatives also meet with officials of the foreign government and review the official records and accounts concerning any alleged government subsidy programs.
The ITC has the authority to verify the information submitted in the petition and in questionnaire responses.
Additionally, ITC representatives will often visit the production facilities of domestic producers to familiarize themselves with the product subject to the investigation and the production process.
Same as dumping provision; see above.