Compendium of Antidumping and Countervailing Duty Laws
in the Western Hemisphere
- Application and Collection of Duties
- Suspension of Liquidation
WTO Standard: Withholding of appraisement is an appropriate provisional measure, provided that the normal duty and the estimated amount of the anti-dumping duty be indicated and as long as the withholding of appraisement is subject to the same conditions as other provisional measures. (AD Agreement, Art. 7.2)
WTO Standard: There is no parallel provision in the SCM Agreement.
The standards of the WTO Agreements are directly applied.
The provisions of Decree 2121/94 are supplementarily applied. Within 5 working days of a preliminary or final determination, the Minister for the Economy and Public Works and Services must notify the National Customs Administration of the decision to impose duties by providing a full copy of the resolution. (Decree 2121/94, Art. 71).
Upon receipt of the resolution, the National Customs Administration must issue the necessary instructions to proceed with the collection of the duties within 10 working days. (Id., Art. 72).
A provisional anti-dumping or countervailing duty should be imposed where there is a preliminary finding of the existence of dumping or a subsidy and sufficient proof of the consequent injury to domestic industry.
Such a measure may not be adopted sooner than forty-five (45) working days from the date of dispatch of the questionnaires.
The sole purpose of imposing provisional duties shall be to prevent injury being caused during the investigation.
The duties shall correspond to the provisionally estimated amount of the margin of dumping or subsidy.
Provisional duties may be paid in cash or covered by a security in conformity with the legal provisions on the lodging of security for the payment of customs duties. Bi-ministerial Decision, Art. 38.
No applicable provision.
During the time that provisional measures are in place, the importer may pay the provisional duty or post security in an amount equal to the antidumping duty provisionally estimated, being not greater than the provisionally estimated margin of dumping.
Therefore, as a matter of practice, the withholding of appraisement of provisional duties is not relevant to the Canadian system.
There is no provision in Chilean law pertaining to the suspension of liquidation.
Liquidations are not suspended.
Provisional measures may take the form of a provisional duty or, preferably, a security- by cash deposit or bond- equal to the amount of the anti-dumping duty provisionally estimated, being not greater than the provisionally estimated margin of dumping.
Withholding of appraisement is an appropriate provisional measure, provided that the normal duty and the estimated amount of the anti-dumping duty be indicated and as long as the withholding of appraisement is subject to the same conditions as other provisional measures.
A Costa Rican decree adds the following to elaborate upon the above-cited provision: The investigating authority will send a preliminary determination, affirmative or negative, on the existence of unfair trade practices and on the existence of injury, threat of injury to or retardation of the establishment of a domestic industry.
This determination will appear in an opinion issued by the investigating authority within sixty days of the start of the investigation.
During the investigation, the investigating authority may recommend to the Minister that he take provisional measures on cases of alleged dumping and subsidization, pursuant to the provisions of the WTO Agreements. Provisional measures shall only be imposed if the following conditions are present:
a) The investigation has been initiated pursuant to the provisions of these Regulations and at least sixty days have elapsed since its start;
b) A preliminary determination has been made affirming the existence of dumping or subsidization that may cause injury or serious harm to a domestic industry or retard the establishment of a domestic industry, under the terms of the WTO Agreements, and
c) The investigating authority judges such measures to be necessary to prevent serious injury or threat to a domestic industry, pursuant to the terms of the WTO Agreements.
There is no specific provision but El Salvador applies the provisions of the WTO Antidumping Agreement and the Subsidies and Countervailing Measures Agreement.
The Law and its Regulations indicate the instances in which the countervailing duty is not implemented, that is, its payment is suspended and steps are taken for its revocation, release of the security furnished, or return of the sums that might have been paid.
1. The Secretariat may revoke or change the temporary countervailing duties in the final decision (Article 59, parts I and II of the Law).
2. The parties may reach a settlement, which shall be approved by the Secretariat and shall be in the nature of a final decision.
In accordance with such settlement, the countervailing duties may be revoked, the security furnished shall be released, or the sums that might have been paid shall be returned (Articles 61 of the Law and 86 to 88 of the Regulations).
3. If there is a change in circumstances and damage or a threat of damage no longer exists, the final countervailing duties shall be revoked (Article 67 of the Law).
4. In the annual reviews of the final countervailing duties, the Secretariat may issue a decision changing or revoking them (Article 68 of the Law).
5. The final countervailing duties shall be eliminated when, in a period of five years from their entry into effect, none of the parties concerned has requested their review nor has the Secretariat initiated a review officially (Articles 70 of the Law and 109 of the Regulations).
6. When it has been possible to firm up a commitment on prices of exporters and governments, the Secretariat may suspend or end the investigation.
In the event the Secretariat accepts the commitment of the exporter or of the government concerned, it shall issue the appropriate decision declaring the administrative investigation suspended or ended.
The parties concerned shall be notified of the decision and it shall be published in the Daily Official Gazette of the Federation (Articles 72 and 73 of the Law and 110 to 116 of the Regulations).
7. The Secretariat may revoke or return the countervailing duties or release the security furnished in observance of a decision by a mechanism for the settlement of disputes, the sentence of a higher tribunal, or the result of an appeal for annulment (Article 94 of the Regulations).
8. If it is decided in the review that there is no price discrimination margin, the final countervailing duty shall be revoked and the Secretariat shall conduct an official review for three years during the anniversary month (Article 105 of the Regulations).
9. When the petitioning enterprise abandons its claim after the preliminary decision imposing a countervailing duty has been published, it shall be revoked (Article 137, part II, of the Regulations).
In cases in which countervailing duties are revoked or changed definitively, steps shall be taken to release or modify the security furnished or, if appropriate, to return with the corresponding interest the amounts that may have been paid on such account or the corresponding differences. (Article 65, paragraph 2, of the Law).
Trinidad and Tobago
The Comptroller is responsible for the collection of duties. (Sec. 4(1)).
The Comptroller may require and take securities for payment of duty payable and pending the giving of the required security he or she may refuse to pass any entry or to do any other act in relation to any matter in respect of which the security is required. (Sec. 31(1)).
An affirmative Commerce preliminary determination results in the suspension of liquidation of all entries of the subject merchandise which are entered, or withdrawn from warehouse for consumption as of the date of publication in the Federal Register of the preliminary determination.
If Commerce's preliminary determination is negative but the final determination is affirmative, Commerce orders the suspension of liquidation as of the date of the affirmative final determination.