Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Review of Antidumping and Countervailing Duty Determinations
- New Shipper Reviews
WTO Standard: Any exporter whose exports are subject to a definitive countervailing duty but who was not actually investigated for reasons other than a refusal to cooperate, shall be entitled to an expedited review in order that the investigating authorities promptly establish an individual countervailing duty rate for that exporter. (SCM Agreement, Art. 19.3)
Argentina directly applies the standards of the WTO Agreements.
When a product is subject to countervailing duties, a summary review shall be immediately performed, where requested, to quickly establish the individual countervailing duty for any exporters or producers who have not been investigated for reasons other than their refusal to cooperate with the investigation. (Dec. 1751/95 - Art. 69).
See "New Shipper Review -- Antidumping" section, above.
There is no provision in current Chilean law providing for expedited reviews for new shippers.
This issue is under consideration for possible new legislation.
Colombia applies Article 9.5 of the Agreement on Application of Article VI of the General Agreement on Tariffs and Trade of 1994.
b. Countervailing duty When a countervailing duty is imposed in respect of any product, such countervailing duty shall be levied, in the appropriate amounts in each case, on a non-discriminatory basis on imports of such product from all sources found to be subsidized and causing injury, except as to imports from those sources which have renounced any subsidies in question or from which undertakings [...] have been accepted.
Any exporter whose exports are subject to a definitive countervailing duty but who was not actually investigated for reasons other than a refusal to co-operate, shall be entitled to an expedited review in order that the investigating authorities promptly establish an individual countervailing duty rate for that exporter.
There is no specific provision but El Salvador applies the rules in accordance with the WTO Agreement on Subsidies and Countervailing Measures.
Neither the Law nor its Regulations contain provisions related to reviews for new exporters.
Nevertheless, the provisions of Article 19.3 of the Code on Subsidies of the 1994 GATT must be observed.
Trinidad and Tobago
Commerce will initiate an expedited administrative review of new shippers, if requested.
New shippers are defined as exporters or producers who demonstrate that they did not export the merchandise covered by a CVD order to the United States during the original period of investigation and that they are not affiliated with a producer or exporter who did export the merchandise to the United States during the original period of investigation, including those producers or exporters not examined during the original investigation.
Commerce will initiate new shipper reviews twice each year -- once at the end of the month following the 6-month anniversary date of the order, and once at the end of the month of the anniversary date of the order, whichever is earlier.
For example, if the anniversary month of the order is January, and the new shipper submits a request for review in March, Commerce would initiate the review at the end of July rather than at the end of the following January.