The procedure can be initiated by complaint for those affected by dumping or subsidies, or by request for those affected by safeguards.
Complaints about dumping or subsidies should be submitted by the industry of domestic production, whose collective production represents more than 50 per cent of the total production of the similar product.
Requests for safeguard should be submitted by the industry of domestic production affected by serious injury or threat thereof; that is, all producers of similar or directly competitive products in the country, or those whose collective production of similar or directly competitive products constitutes a major proportion of the total domestic production.
Ex officio initiation of the investigation by the Commission takes place only in exceptional cases, when it has the background to justify it. In practice, this is very rare.
Any complaint or request must be submitted to the Technical Secretariat of the Commission in writing, addressed to the President of the Commission and accompanied by the form provided by the Technical Secretariat. This form should include the background and evidence showing that there is:
- a distortion of prices (in case of dumping and subsidies) and how it causes significant damage to the domestic industry affected; and
- an increase of imports (in case of safeguards) and how it causes or threatens to cause damage to the similar or directly competitive domestic production.
The Commission reviews the evidence and determines whether there is sufficient merit to initiate an investigation.
If declared admissible, the resolution is published in abstract in the Official Gazette. If declared inadmissible, the decision is notified by registered letter to the complainant. Initiation of the investigation starts when the resolution is published in the Official Gazette.
Investigations of dumping and subsidies must be concluded within one year, and in any event within 18 months, except in exceptional circumstances.
For investigations of safeguard, the Commission must decide within 90 days.
Once decided, the initiation of an investigation should be notified:
- in the case of dumping:
- to the government of the country involved; and
- to the accused companies;
- in the case of subsidies:
- to the government of the country involved;
- in the case of safeguard:
- to the Safeguards Committee of the WTO; and
- to the countries with which Chile has signed trade agreements.
Once notified of the initiation of the investigation, the Commission makes available the text of the complaint to all interested parties involved.
During the course of the investigation, the Commission may require additional information from the complainant or petitioner, and other interested parties. The Commission also sends questionnaires to interested parties for comment on the case.
Any information that is confidential is protected by the Commission if there is sufficient justification. Such information is not disclosed without the specific permission of the party that has provided it.
Interested parties have the right to present information orally, for which public hearings are held where they present their arguments, offer their opinions and pronounce on the information provided by the other parties involved in the investigation. However, any information given orally must be submitted in writing and made available to other interested parties.
As regards on-site visits, during investigations of dumping or subsidies the Commission may carry out investigations in a foreign territory to verify information provided or to obtain further details.
The Secretariat prepares a technical report based on the information collected, which is confidential and which provides the necessary elements for the Commission’s decision regarding the existence of price distortions or increased imports and how they affect domestic production.
During the investigation, the Commission can recommend to the President of the Republic, through the Minister of Finance, the application of provisional measures. These measures are implemented through the enactment of a Presidential Decree.
Anti-dumping and countervailing duties must be implemented 60 days from the date of initiation of the investigation, and they cannot exceed four months, or six months in qualified cases.
Safeguard measures must be implemented within the first 30 days from the start of the investigation and they cannot exceed 200 days.
On the conclusion of the investigation the Commission may recommend:
- not to apply a measure: the Commission issues a resolution ending the investigation which is published in the Official Gazette; or
- the application of a definitive measure: the recommendation and its background are sent to the President of the Republic, through the Minister of Finance, for a decision. The President enacts a presidential decree instructing the implementation of the recommended measure.
Duration of the measures
Anti-dumping and countervailing duties cannot exceed one year from the publication of the presidential decree in the Official Gazette. Furthermore, the recommended measure cannot exceed the margin of distortion.
Safeguard measures cannot exceed two years from the publication of the presidential decree in the Official Gazette, if there were no provisional measures. If provisional measures were applied during the investigation, the period of two years is counted from the date of publication of the decree. It is renewable for a maximum of two years.
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