Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Procedures for Due Process
- Notification of Initiation of Investigation
WTO Standard: When the authorities are satisfied that there is sufficient evidence to justify the initiation of an anti-dumping or countervailing duty investigation [...], the Member or Members the products of which are subject to such investigation and other interested parties known to the investigating authorities to have an interest therein shall be notified and a public notice shall be given. (AD Agreement, Art. 12.1; SCM Agreement, Art. 22.1)
A public notice of the initiation of an investigation shall contain, or otherwise make available through a separate report (footnote omitted), adequate information on the following:
(i) the name of the exporting country or countries and the product involved;
(ii) the date of initiation of the investigation;
(iii) the basis on which dumping is alleged in the application or a description of the subsidy practice or practices to be investigated;
(iv) a summary of the factors on which the allegation of injury is alleged;
(v) the address to which representations by interested parties should be directed; and
(vi) the time-limits allowed to interested parties for making their views known.
(AD Agreement, Art. 12.1.1; SCM Agreement, Art. 22.1.1)
Argentina
Argentina directly applies the standards of the WTO Agreements. The standards of the Decree 2121/94 should be interpreted using those provisions.
Once it has been decided to initiate an investigation, the implementing authority has a period of 10 days to publish its decision to open the investigation in the Boletin Oficial (Official Gazette).
This notice must state the date of opening, the practice which is the subject of the investigation, the product under investigation, the country of origin or export and any other information that the implementing authority considers appropriate. (Decree 2121/94, Art. 41).
Bolivia
If, as a result of evaluating the complaint, there are found to be grounds for initiating an investigation, the MECE shall publish a Ministerial Decision to that effect in the Official Gazette and in a printed communication medium with national circulation.
A copy of the Ministerial Decision shall be sent to the complainant, to the known exporters and importers of the product in question, and to the diplomatic or consular representatives of the countries of export or origin.
If there are no grounds for initiating an investigation, a Ministerial Decision to that effect shall be published in the same form as a decision ordering the initiation of an investigation. Bi-ministerial Decision, Art. 10.
Brazil
A notice of initiation shall be published in the Diário Oficial da União and shall contain detailed information on the conclusions reached on each point of fact and of law considered relevant. (Dec. 1602/95 - Art. 21.2 and Art. 61, Dec. 1751/95 - Art. 30.2 and 71).
Canada
Where the Deputy Minister receives a written complaint respecting the dumping or subsidizing of goods, he shall, within twenty-one days after the receipt thereof, where the complaint is properly documented, cause the complainant and the government of the country of export to be informed in writing that the complaint was received and that it is properly documented. Art. 32 (1).
Upon initiation of the investigation, the Deputy Minister shall cause notice of the investigation to be given to the exporter, the importer, the government of the country of export, the complainant, and such other persons as may be prescribed, and to be published in the Canada Gazette. SIMA, subsection 34(1).
Chile
Once a decision to initiate is made, a notice is published in the Diario Oficial and the country whose products are to be investigated are notified by the Ministry of Foreign Affairs. (Decree 575, Title 2, Art. 12 and 13).
The publication of the Notice to Initiate shall include: the date of the formal lodging of the complaint; the products covered by the complaint and its tariff classification; the identity of the complainant or complainants; the identity of the producers, exporters and importers of the goods; the country of origin of the corresponding product or products; a description of the practice or indication of the measure causing the alleged distortion of prices; a brief analysis of the factors allegedly causing the injury to the domestic industry; the decision of the Commission as to whether or not the complaint has given rise to an investigation; and the address of the Technical Secretariat with an indication that any interested party may raise matters in writing concerning the complaint or request a hearing before the Commission. (Decree 575, Title 2, Art. 12).
Colombia
Within the seven subsequent working days counting from the date of publication of the decision mandating that an investigation be opened, INCOMEX must send a copy of the legal document to the interested parties and to the diplomatic or consular representatives of the country of origin or the exporting country.
Other interested parties shall be summoned by a notice published a single time in a newspaper widely circulated in the country.
INCOMEX shall follow the same procedures for sending questionnaires after the preliminary determination, whenever applicable. (Decree 299, Chapter VII, Art. 38).
Costa Rica
When the authorities are satisfied that there is sufficient evidence to justify the initiation of an anti-dumping investigation [...], the Member or Members the products of which are subject to such investigation and other interested parties known to the investigating authorities to have an interest therein shall be notified and a public notice shall be given.
A public notice of the initiation of an investigation shall contain or otherwise make available through a separate report (the endnote is omitted) adequate information on the following:
(i) the name of the exporting country or countries and the product involved;
(ii) the date of initiation of the investigation;
(iii) the basis on which dumping is alleged in the application;
(iv) a summary of the factors on which the allegation of injury is based;
(v) the address to which representations by interested parties should be directed;
(vi) the time limits allowed to interested parties for making their views known.
As for Costa Rican decrees on the subject, see the item on instituting the investigation.
Concerning notifications at the government level, Decree 24868- MEIC stipulates that: The investigating authority shall notify the government of the country of origin or export of the product under investigation concerning the application for initiation of the investigation of unfair trade practices.
This notification must be made before the investigation is initiated.
Dominican Republic
Ecuador
El Salvador
The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. Article 9 and 11 of the Central American Regulations on Unfair Trade Practices.
Guatemala
The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. Article 11, CARUTP.
Honduras
The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. Article 11, CARUTP.
Jamaica
Upon receipt of a complaint, the Board will determine whether there is sufficient evidence of the allegations.
If the Board considers that there is not sufficient evidence to justify initiative an investigation, it will notify the complainant and the Minister. (Sec. 16(3)).
If the Board considers that there is sufficient evidence to justify an investigation, it will publish a notice regarding the investigation in the Gazette and in a daily newspaper circulating in Jamaica. (Sec. 16(4)).
The notice must contain the particulars of
(1) the goods being investigated;
(2) the country or countries in which the goods originated or from which they are exported;
(3) a summary of the information received;
(4) invite communication to the Board regarding the investigation; and
(5) specify time periods which can be no longer than 90 days from the initiation of the investigation within which interested parties may present their views in writing to the Board or to hold hearings. (Sec. 16(5)).
The Board must also notify the complainant, and the importers and exporters of the subject goods, and in a CVD investigation, it must notify the Government of the country involved. (Sec. 16(4)).
Mexico
In accordance with Article 52 of the Law, when the Mexican authority (the investigating authority) ascertains that there is sufficient evidence to justify opening an investigation against international unfair trade practices, it issues a decision for initiation, which is published in the Official Daily Gazette of the Federation.
On the basis of Articles 53 of the Law and 142 of the Regulations, beginning the day after the day on which the decision for initiation of the investigation is published in the Official Daily Gazette of the Federation, the investigating authority must notify in writing the parties concerned known to it (petitioners, importers, producers, exporters and foreign governments) to appear so as to express whatever suits their right.
Article 145 of the Law indicates that in cases in which the investigating authority does not know the domicile of the persons to be notified, whether they live in Mexico or abroad, notification shall be made through publication in the Official Daily Gazette of the Federation and, one single time, in one of the dailies with major circulation in Mexico.
The latter publication shall contain a summary of the petition in question and of the proceedings instituted. With regard to individuals residing outside the country, the Secretariat shall send the notifications referred to in the preceding paragraph to the diplomatic representatives of the foreign governments, for the purpose of their providing the necessary means to distribute the content of the decisions.
Nicaragua
The parties concerned shall be notified of this decision within 10 days following the date on which it has been made, and they shall have up to 30 days from the day following notification to object. Article 11, CARUTP.
Panama
Complaints filed with the Tribunal will be conveyed to the affected party or parties, who will have a period of 30 calendar days as from the 7th calendar day following the date of transmittal to the addressee.
A copy of the complaint will also be given to the authorities of the exporting country by means of notification of the diplomatic or consular representative accredited in the country, or in accordance with international agreements to which Panama is a party.
Once the complaint has been admitted and the investigation initiated, an extract from the complaint shall be published in a recognized nationally circulated journal. Article 152 &153.
Paraguay
If the Ministry of Industry and Commerce accepts the application, this will be provided for by resolution setting forth the underlying reasons and ordering that the investigation be initiated.
The resolution shall be published in the Official Gazette, within the next three working days.
The initiation of the investigation will not be an obstacle for the customs office.
In the public announcements initiating an investigation, the proper information on the following aspects will be included, or will be set forth otherwise through a separate report:
(1) the name of the exporter country or countries and the product in question;
(2) the date the investigation is initiated;
(3) the basis of the dumping allegation made in the application;
(4) a summary of the factors on which the allegation of injury is based;
(5) the address to which representations made by the interested parties should be spent; and,
(6) the time periods the interested parties are given to make their views known.
Peru
Santa Lucia
Trinidad and Tobago
If the Authority decides to initiate an investigation, then a notice must be published in the Gazette. (Sec. 18(3) and Sec. 32(c)).
A notice of the Authority's preliminary and final determinations must be given to the Government or Governments of the country or countries of the export of goods, the exporters and importers known by the Authority to have an interest in the subject goods, the complainant, and if necessary, the Government of the third country on behalf of whom the Minister is taking action. (Sec 32).
If the Authority decides not to initiate an investigation, then a written notice of reasons for the decision must be sent to the complainant, and in the case of subsidized goods, to the Government of the country of export. (Sec. 18(4)).
United States
1. Commerce
Within 20 days of receipt of the petition, Commerce must publish in the Federal Register either a notice of "Dismissal of Antidumping/Countervailing Duty Petition" or a notice of "Initiation of Antidumping/ Countervailing Duty Investigation".
The former notice means that Commerce found the petition lacking in information to support the initiation of an investigation.
The latter notice signals the initiation of a formal investigation by the Commerce Department.
Upon receipt of an antidumping or countervailing duty petition, Commerce notifies the government of any exporting country named in the petition by delivering a public version of the petition to an appropriate representative of such country.
In the case of a countervailing duty investigation, Commerce also provides the government of any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations with respect to the petition.
2. ITC
Upon receipt of a petition, the ITC must publish a notice of "Institution and Scheduling of Preliminary Phase Investigation" in the Federal Register.
The ITC is not required to publish this notice within any specified deadline; however, the notice usually appears within a week of the date the petition was filed.
Uruguay
Venezuela
The decision to initiate shall be notified to the applicant, and to the importers of the allegedly dumped or subsidized goods.
In addition, an announcement containing an extract from the said decision shall be published in two newspapers with broad national circulation to be indicated by the Technical Secretariat for this purpose.
The announcement shall state the time-limit for the presentation of arguments and evidence laid down in Article 45 [regarding pleadings and hearings]. (1992 Law, Art. 42).
The Commission shall order the initiation through a decision which specifies the good, and the importer and exporters concerned, and the country of origin or of export.
It shall also contain a summary of the data contained in the petition and shall state that any other information relevant to the investigation shall be communicated to the Technical Secretariat. (Id.).
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