Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Review of Antidumping and Countervailing Duty Determinations
- Annual Reviews
a. Antidumping
WTO Standard: When the amount of the anti-dumping duty is assessed on a retrospective basis, the determination of the final liability for payment of anti-dumping duties shall take place as soon as possible, normally within 12 months, and in no case more than 18 months after the date on which a request for a final assessment of the amount of anti-dumping duty has been made (footnote omitted). Any refund shall be made promptly and normally in not more than 90 days following the determination of final liability . . . . In any case, where a refund is not made within 90 days, the authorities shall provide an explanation if so requested. (AD Agreement, Art. 9.3.1).
b. Countervail
WTO Standard: There is no parallel provision in the SCM Agreement.
Same as for dumping, except omits a few provisions specific to price discrimination (e.g., II/105).
Argentina
a. Antidumping
Argentina directly applies the standards of the WTO Agreements.
b. Countervail
Argentina directly applies the standards of the WTO Agreements.
Bolivia
According to Article 44 final determinations which establish antidumping or countervailing duties may be reviewed so long as there is sufficient reason.
Such review may be self initiated by the Agency at any time, or at the request of the interested party after one year following the final determination.
Brazil
Reviews of all or a portion of a decision relative to the application of antidumping or countervailing duties may be initiated at the request of an interested party or on the initiative of the Administração Pública Federal or of SECEX, as long as it has been at least one year since the imposition of antidumping or countervailing duties and sufficient evidence is presented that:
1) the application of duties is no longer necessary to offset the dumping (subsidization);
2) the injury would probably cease or fail to recur if the duty were revoked or changed; or
3) the existing duties are no longer sufficient to offset the injury caused by the dumping (subsidization). Art. 58; Art. 68.
In exceptional circumstances or for reasons of national interest a review may be initiated in less than one year if required by an interested party, the Administração Pública Federal or at the initiative of the investigating authorities. Art. 58-1; Art. 68-1.
A notice of the initiation of a review shall be published in the Diário Oficial da União and the interested parties notified. Art. 58-2; Art. 68-2.
A review must be completed within 12 months of its initiation. Art. 58-3; Art. 68-3.
Notice of the end of the review will be published in the Diário Oficial da União and the interested parties notified. Art. 58-6; Art. 68-6.
Until the conclusion of the investigation, the duties will not be altered and will remain in force. Art. 58-4; Art. 68-4.
The Minister of Industry, Trade, and Tourism and the Minister of Finance may, based on the evidence in the review, extinguish, maintain, or alter the duties. If they determine the duties where higher than was necessary to offset the injury and are no longer justified, the duties will be refunded. Art. 58-5; Art. 68-5.
Canada
Under Canada's prospective normal value system, a specific normal value is usually provided to the exporter and no duties are levied if the exporter prices at or above normal value.
Re-investigations to update normal values or amounts of subsidy and to establish values for new exporters or new models are conducted periodically, generally on an annual basis.
Further, an exporter not included in the original investigation or a subsequent re-investigation may request an expedited review of its normal values or amounts of subsidy.
Chile
There is no provision in Chilean law regarding the conduct of annual reviews of definitive antidumping or countervailing duty measures.
Because antidumping and countervailing duties may be imposed for a maximum duration of only one year, annual reviews are not necessary. (Law 18525, Art. 10).
However, the Commission may at any time, when in possession of information for so doing, recommend to the President of the Republic, that the measures in force be modified or repealed before they are due to expire.
In order to make such a recommendation, the Commission must have previously heard the views of the interested parties on the information which, in its opinion, makes it necessary to modify or repeal the measure adopted.
The interested parties shall be considered to have been heard 10 working days after having been sent the corresponding communication transmitted by the Commission, whether or not they have made observations concerning the information brought to their attention. (Decree 575, Title 2, Art. 18).
Colombia
Colombia applies duties prospectively.
Costa Rica
When the amount of the anti-dumping duty is assessed on a retrospective basis, the determination of the final liability for payment of anti-dumping duties shall take place as soon as possible, normally within 12 months, and in no case more than 18 months, after the date on which a request for a final assessment of the amount of anti-dumping duty has been made (the endnote is omitted).
Any refund shall be made promptly and normally in not more than 90 days following the determination of final liability. [...]
In any case, where a refund is not made within 90 days the authorities shall provide an explanation if so requested.
An executive decree allows greater latitude for review of decisions ordering anti-dumping and countervailing duties. Article 36 of Decree 24868-MEIC stipulates that "...once a measure is adopted, it may be reviewed at any time after its execution."
Dominican Republic
Ecuador
El Salvador
a. Antidumping
Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).
b. Countervailing Duties
Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).
Guatemala
Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).
Honduras
Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).
Jamaica
Mexico
I. Initiation of the review
Countervailing duties imposed in the final decision for an investigation against unfair practices through either price discrimination or subsidies, shall be in effect as necessary to counteract the unfair practice that causes or threatens to cause damage to national production of products similar to the one investigated.
They must be reviewed annually, at the petition of a concerned party, or at any time officially by the Secretariat of Trade and Industrial Development, which is the investigating authority by virtue of a change in circumstances whereby the existence of unfair practice was determined under the terms provided for in Articles 68 of the Law and 99 of the Regulations.
The review procedure begins officially or at the request of a concerned party, who must appear during the twelfth month after publication of the final decision, having participated in the procedure that gave rise to the final countervailing duty, or at the request of any producer, importer or exporter who, without having participated in such procedure, establishes legal interest under the terms of Articles 100, first paragraph, and 101of the Regulations.
The Secretariat issues forms for presentation of the petition for review of final countervailing duties, which must be duly answered by the parties concerned requesting such review.
In accordance with the provisions of Article 101 of the Regulations, the party concerned may ask the following of the Secretariat in the petition:
I. In the case of a foreign exporter or an importer of the goods in question:
A. That the individual price discrimination margin be examined or considered, and
B. If appropriate, that the countervailing duty be changed or lifted.
II. If the petitioner is a national producer:
A. That examination be made of the standard value and export price determined during a specific period, in the course of normal trade operations, with respect to one or several foreign exporters, and
B. If appropriate, that the countervailing duty be confirmed or increased. Moreover, during the procedure the national producer may ask that an examination be made as to whether modification or lifting of the final countervailing duty would cause the damage or threat of damage to recur, for which purpose the producer has the obligation to provide the pertinent evidence.
Within 30 days after presentation of the petition (Article 103 of the Regulations), the Secretariat must:
I. Accept the petition and declare initiation of the review through the corresponding decision, which must be made known to the parties concerned.
II. Ask the petitioner for further evidence or data, which must be provided within 20 days after receipt of the injunction.
If the material requested is provided satisfactorily, within 20 days the Secretariat shall proceed in accordance with the provisions in the preceding section.
If it is not provided on time and does not include the items and data requested, the petition shall be abandoned and the petitioner shall be personally notified, or
III. Dismiss the petition when suitable information or evidence that would justify it is not presented, and notify the petitioner personally.
II. Publication of the decisions made in the review procedure. During the review procedure three decisions are announced: one on initiation, one preliminary, and another final.
These must be published in the Official Daily Gazette of the Federation and must meet the requirements indicated in the Law and Regulations.
In addition, in accordance with the provisions of Article 99 of the Regulations, the review procedure must be in keeping with matters related to conciliatory hearings, countervailing duties, commitments by exporters and governments, evidence, allegations, public hearings, technical meetings for information, notifications, verifications and other provisions common to procedures.
III. Purpose of the review and duration of the countervailing duties. The final countervailing duties remain in effect for the time and to the extent they may be necessary to counteract the unfair practice that is causing damage or threat of damage to national production, as provided for in Article 67 of the Law.
In the review procedure the parties may assume price commitments, ending the review (Articles 68 and 72 of the Law).
During the review the parties concerned have the option to secure payment therefor. This security is made in the manner and under the terms provided for in the Fiscal Code of the Federation (Article 102 of the Regulations).
If, upon reviewing the final countervailing duty, the Secretariat finds that such duty is no longer justified or that the price discrimination margin no longer exists, it must be lifted at once.
Under the latter assumption, the Secretariat must conduct an official review for three consecutive years during the anniversary month, as established in Article 105 of the Regulations.
If the Secretariat finds from the review that the price discrimination margins have changed with relation to those having brought about the final countervailing duties, any new duties established must replace the former ones.
Such duties are final and may be reviewed under the terms of the applicable legislation, as provided for in Article 106 of the Regulations.
Nicaragua
Following the adoption of a definitive measures, the same measure can be revised in whatever timeframe. (Article 36, Central American Regulations on Unfair Trade Practices).
Panama
A review of the measures imposed in the final decision will be done officially or at the request of the party at least once every twelve (12) months to determine whether the measures should be continued.
Paraguay
Peru
Santa Lucia
Trinidad and Tobago
The Minister shall review the imposition of a duty where warranted on his or her own initiative or on the recommendation of the Authority.
United States
Each year after issuing an antidumping or countervailing duty order or entering into a suspension agreement, Commerce will conduct, upon request by an interested party, an administrative review of the order or suspension agreement.
Based upon an examination of the information updated since the last determination from the foreign producers/exporters (and, in CVD proceedings, the foreign government), Commerce will determine the actual margin of dumping or the net countervailable subsidy for all entries of merchandise subject to review.
The administrative review is very similar to the investigation in terms of procedures and requirements.
The Commerce Department publishes a notice announcing the initiation of the administrative review, issues questionnaires similar to those issued in the original investigation, conducts verification (though Commerce is not required to verify in every review), issues a preliminary results of review, accepts legal briefs, holds a public hearing if requested, and issues a final results of review.
Commerce publishes in the Federal Register the results of any annual review which provides the level of any AD or CVD duties to be assessed and the new cash deposit rate applicable to future entries of that merchandise.
The ITC does not re-examine injury to the domestic industry during annual administrative reviews. If the actual margin of dumping or rate of subsidization found in a review is lower than the previously established cash deposit rate, a refund of the over assessment is paid with interest to the importer.
If the actual margin of dumping or subsidization is higher than the previously established cash deposit rate, the under-assessment will be collected with interest from the importer.
Uruguay
Venezuela
|
countries
