6. Procedures for Due Process
   6. Decision Making Process (Ministerial Approval, Commission Vote, etc.)

      WTO Standard: No specific provision.

Argentina

   1. Injury

   The National Commission for Foreign Trade, established as a separate agency under the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services is the authority responsible for the analysis, investigation and regulation in the determination of material injury to domestic production. (Decree No. 766/94, Art. 1 and Decree 660/96).

   The Commission is directed by a Board whose Members hold the rank of Under-Secretary and which consists of one Chairman and four Members who are appointed by the National Executive Power on the recommendation of the Ministry of the Economy and Public Works and Services. (Id., Art. 5).

   2. Antidumping and Countervailing Duties

   The Minster of the Economy and Public Works and Services is responsible for making decisions which establish anti-dumping and countervailing duties. (Decree 2121/94, Art. 35(a) and Decree 704/95).

   Proceedings for the imposition of anti-dumping and countervailing duties are initiated and conducted through the Under-Secretariat for Trade and Investment for the Ministry of the Economy and Public Works and Services. (Id., Art. 36)

Bolivia

   By Ministerial approval.

Brazil

   Preliminary and final determinations or decisions shall be adopted based on SECEX's findings. Art. 64; Art. 73.

   Within 20 days of receiving the findings by the Secretário de Comércio Exterior, SECEX will publish a notice containing the determination to initiate an investigation, extend the length of the investigation, terminate the proceeding at the request of the petitioner, initiate a review of definitive duties or price undertakings or commitments, or conclude an investigation without imposing duties. Art. 64-1; Art. 73-1.

   There shall be published within 10 days of receipt of the opinions by the Minster for Industry, Trade and Tourism and the Minister of Finance a notice of the determination to apply provisional duties, extend the provisional antidumping duties (provisional countervailing duties cannot be extended), accept or terminate a price undertaking or commitment, conclude an investigation with the imposition of duties, suspend the definitive duties, or concerning the results of a review of the definitive duties or price undertaking or commitment. Art. 64-2; Art. 73-2.

Canada

   Revenue Canada Decision-Making Process: The Deputy Minister of National Revenue initiates a formal antidumping or countervailing duty investigation and makes preliminary and final determinations respecting dumping and subsidization.

   The following outlines the key points in the process:

         1. Receipt of a properly documented complaint and verification of standing

         2. Decision on whether or not to initiate an investigation

         3. Issuance of questionnaire

         4. Termination of investigation prior to preliminary determination

         5. Preliminary determination (90 days from initiation)

         6. Final determination period

         7. Acceptance of undertakings

         8. Final determination (180 days from initiation)

Canadian International Trade Tribunal Decision-Making Process: The Tribunal is an independent quasi-judicial body which reports to Parliament through the Minister of Finance.

   As a quasi-judicial body, the Tribunal has rules and procedures similar to those of a court of law, but not quite as formal.

   The Tribunal is currently composed of seven full time members, including a Chairman and two Vice- Chairmen.

   Hearings are generally conducted by a panel of three members.

   An injury inquiry undertaken by the Tribunal would normally follow the following procedural steps:

         1. Notice of commencement of inquiry Distribution of questionnaires

         2. Notices of appearance, declarations and undertakings filed with the Tribunal Requests to make representations on public interest Replies to all questionnaires

         3. Notification by the Secretary, if necessary, on timing and procedure for public interest representations

         4. Distribution of questionnaire replies

         5. Distribution of Tribunal exhibits, and Research Staff Report and the Economic Reports

         6. Receipt of the complainant's case Receipt of the importer's/exporter's case

         7. Pre-hearing conference

         8. Public hearing

         9. Injury finding issued (210 days from initiation)

         10. Statement of reasons issued.

Chile

   The Commission shall adopt its decision by a majority of the votes cast and in the event of a tie, the Chairman shall have the deciding vote. (Decree 575, Title 2, Art. 6.).

   Once the Commission makes its decision, it forwards its recommendation to the President, who makes the ultimate decision with respect to imposition of duties.

Colombia

   After the interested parties in the investigation have been afforded an opportunity to put forward their arguments, and on the basis of the available evidence and information, INCOMEX shall convene the Trade Practices Committee to report on the findings of the investigation, within a period of three months from the date of publication of the resolution containing the preliminary determination, in order for the Committee to form an opinion.

   The period indicated may be extended by up to one month when INCOMEX considers that special circumstances so permit.

   Once the Committee's opinion has been given, the Ministry of Foreign Trade shall, within the following month, adopt the appropriate decision in a reasoned resolution which shall be communicated to the interested parties. (Decree 299, Chapter 7, Art. 41).

   The aforesaid period of time may be extended by up to one month, whenever INCOMEX considers that special circumstances so warrant.

   Once the Committee has issued its opinion, the Ministry of Foreign Trade shall adopt its decision within the following month.

   The decision shall be issued in a resolution with cause, which shall be communicated to the interested parties in the manner established in Article 38 of this Decree (Art. 41 of Decree 299/95), or

         1. Initiation of proceedings (ex officio or at the request of the parties). (Arts. 30 and 31)

         2. Receipt of conformity (Art. 33)

         3. Evaluation of the petition (Arts. 34 and 35)

         4. Consultations (Art. 36)

         5. Opening of the investigation (Art. 37)

         6. Questionnaires sent out and replies received Art. 38)

         7. Preliminary determination or decision (Art. 38)

         8. Hearing of the intervening parties (Art. 40)

         9. Conclusion of the investigation (Art. 41).

Costa Rica

   The following is stipulated in Costa Rican Decree No. 24772-MEIC-MAG: The Joint Commission will be an advisory and consultative body for any complaint or request filed and will be responsible for receiving the technical report from the Office of Unfair Trade Practices and Safeguard Measures to recommend the courses of action to be followed.

   Its recommendations are to be forwarded to the Minister at least fifteen days after receiving the Office's report.

   The documentation addressed to the Commission will be delivered to its Chairman of Secretary, who shall be elected by its members.

   If the Minister does not receive the Commission's finding within that fifteen-day period, he or she shall settle it immediately based on the Office's report and the corresponding case file.

   Within three days of conclusion of the investigation, the investigating authority shall present the technical study and the pertinent recommendations to the Minister so that the latter, within three working days of receiving the report, may issue a resolution declaring the investigation completed, stating whether or not an anti-dumping or countervailing duty is called for and, if appropriate, revoking any provisional measure adopted.

Dominican Republic

Ecuador

El Salvador

   In the case of procedures involving third countries, the decision is taken by the Minister of Economy, Article 18 of the Central American Regulations on Unfair Trade Practices: The investigating authority shall present, within three days of completion of the investigation, the technical study along with the pertinent recommendations to the minister so that the minister may declare, within the following three workdays of receipt, by means of a resolution with explanation, that the investigation is concluded and whether or not it is in order to impose a final antidumping or countervailing duty and if necessary, to revoke the temporary measure adopted.

   In the case of intra-regional procedures, the decision is taken by the Executive Committee, which is composed of the Ministers of Economy of the countries of Central American area, Article 23 of the Central American Regulations on Unfair Trade Practices: The Executive Committee, within thirty days following the receipt of the corresponding report from SIECA, shall recommend whatever it considers advisable for the purpose of resolving the problem. The state party that is considered affected shall appeal under the regional procedures for settlement of disputes or those of the WTO.

   In the case of regional procedures, different situations may arise: When the investigating authority of the [text missing] imposes the resolution, but when SIECA takes up the investigation, the decision is made by the Executive Committee which is composed of the Ministers of Economy of all the states parties, as required in Article 28 of the Central American Regulations on Unfair Trade Practices: SIECA, no later than five days after conclusion of the investigation, shall convene the Executive Committee and bring the case before it, along with a technical report and the recommendations that are considered appropriate. The Committee shall meet again within the next fifteen days for the purpose of giving a final solution for the matter and to determine what actions the states parties should take either individually or jointly.

Guatemala

   Each state shall organize a joint commission, which shall include participation by the private sector and shall be coordinated by the Directorate-General of Economic Integration (the body competent for matters pertaining to Central American Integration).

   When the regional industry or, in particular, the industry of a state other than the direct importer of the foreign importer is affected, at the request of the government concerned, a regional procedure shall be handled by SIECA (the Permanent Secretariat of the General Treaty on Central American Integration).

   The Trade Policy Committee will issue a preliminary determination which is passed on to the Central American Tariff and Customs Council who makes the ultimate determination. (See generally Chap. 1).

Honduras

   Each state shall organize a joint commission, which shall include participation by the private sector and shall be coordinated by the Directorate-General of Economic Integration (the body competent for matters pertaining to Central American Integration).

   When the regional industry or, in particular, the industry of a state other than the direct importer of the foreign importer is affected, at the request of the government concerned, a regional procedure shall be handled by SIECA (the Permanent Secretariat of the General Treaty on Central American Integration).

   The Trade Policy Committee will issue a preliminary determination which is passed on to the Central American Tariff and Customs Council who makes the ultimate determination. (See generally Chap. 1).

Jamaica

   The competent authority for initiating, conducting and making recommendations in anti-dumping, subsidies and countervailing duty investigations is the Antidumping Advisory Board. (Sec. 15).

   These investigations are referred to it by the Minister of Industry. (Sec. 14(3)).

   The Board may, with the approval of the Minister, arrange with any person recognized by the Board as having a specialized knowledge of any matter being investigated in order to assist it in an advisory capacity in its investigation. (Sec. 18).

   The Board has the authority to

         (1) summon and examine witnesses;

         (2) call for and examine documents; and

         (3) adjourn an investigation from time to time. (Sec. 20).

   The Board's decision is made by a majority of votes.

   If there is a tie vote, the Chairman or other person presiding at a meeting has the casting vote. (Schedule, Article 8(5)).

   Upon completion of an investigation, the Board will prepare and submit to the Minister, a report together with its recommendations. (Sec. 22(1)).

   Upon receipt of the report, the Minister forwards it to the Minister of Finance along with the recommendations the Minister sees fit. (Sec. 22(2)).

Mexico

   Final decisions shall be adopted by the head of the Secretariat of Commerce and Industrial Development or, in the head's absence, by one of the Assistant Secretaries of the branch, as indicated in Article 42 of the Internal Regulations of the Secretariat.

   Nevertheless, in accordance with the provisions of Articles 60 and 58 of the Law, once the administrative investigation has ended, the draft decision is presented to the Committee on External Trade, whose opinion shall be included in the corresponding decision.

   In the case of reviews of final decisions, in accordance with the provisions of Article 68 of the Law, the draft must also be submitted to the Commission for its opinion.

Nicaragua

   Each state shall organize a joint commission, which shall include participation by the private sector and shall be coordinated by the Directorate-General of Economic Integration (the body competent for matters pertaining to Central American Integration).

   When the regional industry or, in particular, the industry of a state other than the direct importer of the foreign importer is affected, at the request of the government concerned, a regional procedure shall be handled by SIECA (the Permanent Secretariat of the General Treaty on Central American Integration).

   The Trade Policy Committee will issue a preliminary determination which is passed on to the Central American Tariff and Customs Council who makes the ultimate determination. (See generally Chap. 1)

Panama

Paraguay

Peru

Santa Lucia

Trinidad and Tobago

   The Anti-Dumping Authority ("Authority") is responsible for

         (1) investigating the existence, degree and effect of the alleged dumping or subsidy of any goods;

         (2) ascertaining whether any imported goods cause or threaten to cause material injury to any industry in Trinidad and Tobago;

         (3) submitting findings to the Minister as to the margin of dumping or the nature and amount of a subsidy; and

         (4) making recommendations to the Minister regarding determinations. (Sec. 17).

   The Authority is designated by the Minister of Trade who may provide the Authority the services of such persons and other facilities as seen necessary. (Sec. 16).

United States

   1. COMMERCE

   Commerce's AD and CVD determinations are made by the Assistant Secretary for Import Administration, who is appointed by the President and confirmed by the Congress.

   2. ITC

   For injury investigations by the ITC, a majority of the six Commissioners constitutes a quorum.

   In cases of a tie vote, the determination is deemed to be affirmative (i.e., in favor of the domestic industry).

Uruguay

Venezuela

   The Antidumping and Subsidies Commission rules on the imposition of antidumping or countervailing measures.

   The Commission is made up of a president and four voters and its decisions are adopted by absolute majority of votes.