Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Steps of the Investigation
WTO Standard: The authorities shall whenever practicable provide timely opportunities for all interested Members and interested parties to see all information that is relevant to the presentation of their cases, that is not confidential [...] and that is used by the authorities in a countervailing duty investigation, and to prepare presentations on the basis of this information. (SCM Agreement, Art. 12.3)
The cited standard of the Agreement is applicable.
Same as dumping provision.
Same as dumping provision (Dec. 1751/95 - Art. 41). During the investigation, the governments of the exporting countries whose products are subject to investigation shall be given the opportunity to consult, with a view to clarifying the facts and arriving at a mutually satisfactory solution. (Dec. 1751/95 - Art. 34).
See section on "Hearings -- Antidumping" above, as it pertains to Canada.
Throughout any antidumping investigation, all interested parties must be given full opportunity to defend their interests and to be heard by the Commission, upon written application. To this end, the Commission shall give all interested parties who so request the opportunity to meet with those parties that have opposing interests, so that they can set out their respective arguments and rebuttals. In providing such an opportunity, due attention must be paid to the need to protect the confidentiality of information, and to accommodate the convenience of the parties. No party is obliged to attend such a meeting, and its absence may not be held prejudicial to its case.
Interested parties also have the right, with justification, to give supplementary oral evidence. (Supreme Decree No. 16, Ministry of External Relations, published in the Diario Oficial on May 17, 1995).
Within 15 calendar days following publication of the preliminary determination, the interested parties in the investigation and in general any persons who have shown that they have a legitimate interest in the investigation may apply for the holding of joint hearings of interested parties representing different interests.
INCOMEX has five working days to convene the meeting.
This meeting shall be held within one month from the date upon which the application is submitted. (Decree 299, Chapter 7, Art. 40).
The authorities shall whenever practicable provide timely opportunities for all interested Members and interested parties to see all information that is relevant to the presentation of their cases, that is not confidential [...] and that is used by the authorities in a countervailing duty investigation, and to prepare presentations on the basis of this information.
Notified in accordance with Article 12.3 of the Agreement on Subsidies and Countervailing Measures.
The Board will hear any person it considers affected by an investigation if a written request for a hearing has been made by the person. (Sec. 20(2)).
The request must show that the person is an interested party likely to be affected by the result of the investigation and that there are particular reasons why he or she should be heard orally. (Sec. 20(2)).
The Board is required to take into account the need to preserve confidentiality in holding a hearing. (Sec. 20(3)).
In accordance with the Law, there are two kinds of hearings in the antidumping or antisubsidy procedures, which are conciliatory and public.
I. Conciliatory hearings
Article 61 of the Law itself establishes that hearings of this kind may be held during the course of the investigation, where ways for solution and conclusion of the investigation may be proposed, in accordance with the text of the same Law.
Article 86 of the Regulations indicates that the parties concerned may petition the Secretariat in writing to convoke a conciliatory hearing after publishing in the Official Daily Gazette the decision to initiate the investigation and up to 15 days before the end of the evidentiary period.
It should be explained that the Secretariat may invite the parties to hold a conciliatory hearing provided that it deems this necessary without the petition of a party concerned being involved.
II. Public hearings
In accordance with the provisions of Article 81 of the same Law, the notification of the decision to initiate must indicate the date for holding the public hearing, at which the parties concerned, and if appropriate their assistants, will question or refute their counterparts concerning the information, data and evidence they may have presented, as indicated in Article 166 of the Regulations.
The aforementioned hearing shall be held after publication of the preliminary decision and before publication of the final decision.
Moreover, Article 81 of the Regulations indicates that, in the decision for initiation, the investigating authority must indicate the day, hour and place in which the public hearing is to occur.
Trinidad and Tobago
The Authority will ensure that all interested parties are given reasonable opportunity to present in writing all evidence relevant to the investigation. (Sec. 19(a)).
After Commerce issues a preliminary AD determination and conducts verification, any interested party may request that Commerce hold a hearing.
Only issues raised in an interested party's legal briefs may be discussed at the hearing.
Business confidential information may not be discussed at the public hearing.
In the ITC's preliminary phase injury investigation, the Commission's Director of Operations generally schedules a conference in connection with the investigation.
Conference procedures (i.e., date, time, arrangements for party participation, oral argument, and witness testimony) are published as part of the ITC institution notice in the Federal Register.
In the final phase injury investigation, the ITC is required to hold a public hearing before making a final determination.
A hearing is held after a notice is published in the Federal Register.
Parties participating in the hearing are required to limit their presentations to a summary and analysis of the information and arguments contained in their pre-hearing briefs and information not available at the time their pre-hearing briefs were filed.
Upon a request filed by a party to the investigation no later that seven days prior to the date of the hearing which justifies the need for a closed session in order to discuss business proprietary information, the ITC may close a portion of a hearing to persons who do not have authorized access to business proprietary information.
Same as dumping section; see above.