Anti-Dumping
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ANTI-DUMPING AND COUNTERVAILING
DUTIES ACT
CHAPTER 78:05
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–66 ..
Act
11 of 1992
Amended by
23 of 1995
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Index of Subsidiary Legislation
Page
Anti-Dumping and Countervailing Duties Regulations (LN 25/1996) … 41
Anti-Dumping and Countervailing Duties (Subsidies) Regulations (LN 26/1996) 51
Note on Omissions
The following Subsidiary Legislation have been omitted:
(a) Orders made under section 5;
(b) Notices re investigations into allegations of dumping made under section 18;
(c) Notices re Preliminary Determinations arising out of the investigations into the
allegation of dumping made under section 24;
(d) Notices re Direction to secure payment of functional duties made under section 25;
(e) Notices re Final Determinations made under section 26;
(f) Notices re Termination of Anti-Dumping Duties made under section 26;
(g) Notices re Expiration of Anti-Dumping Duties made under section 29;
(h) Notices re Determination of Newcomer Investigation made under section 29;
(i) Notices re Determination of Expiry Review made under section 29.
These Subsidiary Legislation are in a state of flux and are of a temporary nature.
See the Current Edition of the Consolidated Index of Acts and Subsidiary Legislation for
references to these Subsidiary Legislation.
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CHAPTER 78:05
ANTI-DUMPING AND COUNTERVAILING
DUTIES ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Commencement.
3. Interpretation.
4. Comptroller to collect duties.
PART II
IMPOSITION OF DUTIES
5. Anti-dumping duty.
6. Countervailing duty.
7. Third country anti-dumping and countervailing duties.
7A. Individual dumping margins.
8. Non-discriminatory imposition of duty.
9. Orders imposing duties.
10. Relief in respect of duties.
11. Drawback of duties.
12. Ascertainment of normal value.
13. Export price.
13A. Determination of margin of dumping.
14. Power of Minister to make determinations on available facts.
14A. Calculation of costs.
15. Construction of references to country of origin.
PART III
ANTI-DUMPING AUTHORITY
16. Anti-Dumping Authority.
17. Duties of Authority.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
PART IV
INVESTIGATIONS
18. Initiation of investigation.
18A. Regional cases.
19. Rights of interested parties.
19A. Requests as to essential facts.
20. Treatment of confidential information.
21. General conduct of investigation.
22. False or misleading evidence or information.
23. Termination of investigations.
PART V
DETERMINATIONS
24. Preliminary determination.
25. Direction.
26. Final determination.
PART VI
APPEALS
27. Appeal to Tax Appeal Board.
PART VII
MISCELLANEOUS
28. Undertakings.
29. Review of imposition of duties.
29A. Duration of duties.
29B. Newcomer review.
30. Retrospective duty.
31. Securities for payment of duty.
32. Notices.
33. Additional liability for offence by body corporate.
34. Regulations.
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11 of 1992.
Short title.
Commencement.
[197/1995].
Interpretation.
[23 of 1995].
* See section 2 for the date of commencement of this Act.
CHAPTER 78:05
ANTI-DUMPING AND COUNTERVAILING
DUTIES ACT
An Act to authorise the imposition of anti-dumping duties
and countervailing duties where goods have been
dumped or subsidised; to provide for an Anti-Dumping
Authority to investigate dumping or subsidising of
goods; to repeal the Customs Duties (Dumping and
Subsidies) Act, Ch. 78:04; and for related purposes.
*[ASSENTED TO 19TH AUGUST 1992]
PART I
PRELIMINARY
1. This Act may be cited as the Anti-Dumping and
Countervailing Duties Act.
2. This Act came into operation on 1st January 1996.
3. (1) In this Act—
“Authority” means the person designated to be the Anti-Dumping
Authority under section 16;
“Comptroller” means the Comptroller of Customs and Excise;
“duty” means anti-dumping duty and countervailing duty, as the
case may require;
“importer” in relation to any goods at any time between their
importation and the time they are delivered out of Customs
charge includes any owner or other person for the time being
possessed of or beneficially interested in the goods;
“industry”, in relation to any goods, means such Trinidad and
Tobago producers of like goods whose collective output
constitutes at least twenty-five per cent of Trinidad and
Tobago production of such like goods, except that—
(a) where certain Trinidad and Tobago producers of
like goods are associates of the exporters or
importers or are themselves importers of the
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relevant goods, the Minister may make a
determination that such producers shall not be
taken into account in applying the foregoing
definition; and
(b) Trinidad and Tobago may, for the production in
question, be divided into two competitive markets
and all or almost all the producers within one such
market regarded as the industry, if the producers
within such market sell all or almost all their
production of the goods in question in that market
and the demand in that market is not to any
substantial degree supplied by producers of the
goods in question located elsewhere in Trinidad
and Tobago;
“interested person” means a person—
(a) engaged in the production, export or import of
any goods that are the subject of an investigation;
(b) engaged in the production of any goods
produced in Trinidad and Tobago that are like
goods in relation to any goods that are the
subject of an investigation;
(c) acting on behalf of any person referred to in
paragraph (a) or (b);
“like goods”, in relation to goods under consideration, means
goods that are identical in all respects to the goods under
consideration or that, although not alike in all respects to the
goods under consideration, have characteristics closely
resembling those of the goods under consideration;
“margin of dumping” or “dumping margin” in relation to an
article means the amount, if any, by which the normal value
of such article exceeds the price at which it is exported;
“material injury” (except in section 7) means, in respect of the
dumping or subsidising of any goods, material injury to the
production in Trinidad and Tobago of like goods, and includes,
in respect only of the subsidising of an agricultural product, an
increase in the financial burden on the Government;
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“material retardation” in respect of the dumping or subsidising of
any goods, means material retardation of the establishment
of the production in Trinidad and Tobago of like goods;
“Minister” means the Minister to whom responsibility for Trade
is assigned;
“provisional direction” means a direction given under
section 25(1);
“provisional duty” means provisional anti-dumping duty or
provisional countervailing duty, as the case may be,
imposed under section 25;
“undertaker” means the Government of the country of export or
the exporter as the case may be, from whom an undertaking
is accepted or by whom it is given;
“undertaking” means an undertaking given and accepted under
section 28.
(2) For the purposes of this Act imported goods shall be
regarded as having been dumped—
(a) if the export price from the country in which the
goods originated is less than the normal value of
the goods in that country; or
(b) in a case where the country from which the goods
were exported to Trinidad and Tobago is different
from the country in which they originated—
(i) if the export price from the country in
which the goods originated is less than the
normal value of those goods in that
country; or
(ii) if the export price from the country from
which the goods were so exported is less
than the normal value of those goods in
that country.
(3) For purposes of this Act, a subsidy shall be deemed
to exist where a benefit is conferred through the making of a
financial contribution by a government or a public body or through
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the granting of any form of income or price support, and a
government or public body makes a financial contribution where—
(a) it makes a direct transfer of funds or enters into
a transaction involving a potential direct transfer
of funds or liabilities;
(b) it foregoes or does not collect revenue which is
otherwise due;
(c) it provides goods or services other than general
infrastructure, or purchases goods;
(d) it makes payments to a funding mechanism, or
entrusts or directs a private body to do any of the
things described in paragraphs (a), (b) and (c).
(3A) A finding that actionable injury has been caused
shall be made for the purposes of this Act where the dumped or
subsidised imports are causing or threatening to cause material
injury to the industry producing like goods or are materially
retarding the establishment of the production in Trinidad and
Tobago of like goods.
(4) For the purposes of this Act, a purchase or sale of
goods shall not be treated as an arm’s length transaction if—
(a) there is any consideration payable for or in
respect of the goods other than their price;
(b) the price is influenced by a commercial or other
relationship between the buyer, or an associate
of the buyer, and the seller, or an associate of the
seller; or
(c) the buyer, or an associate of the buyer, will,
directly or indirectly, be reimbursed, compensated,
or otherwise receive a benefit for, or in respect of,
the whole or any part of the price.
(5) Where goods are exported or intended to be exported
to Trinidad and Tobago and are purchased by the importer from
the exporter (whether before or after exportation) for a particular
price and the importer, whether directly or through an associate,
sells those goods in Trinidad and Tobago (whether in the
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condition in which they were imported or otherwise) at a loss, the
Minister may take the sale of those goods as an indication that the
importer or an associate of the importer will, directly or
indirectly, be reimbursed, compensated, or otherwise receive a
benefit for, or in respect of, the whole or any part of the price for
the purposes of subsection (4)(c).
(6) For the purposes of this Act, persons shall be deemed
to be associates of each other only if—
(a) they are officers or directors of one another’s
business;
(b) they are legally recognised partners in business;
(c) they are employer and employee;
(d) any person directly or indirectly owns, controls,
or holds five per cent or more of the outstanding
voting stock or shares of both of them;
(e) one of them directly or indirectly controls the
other;
(f) both of them are directly or indirectly controlled
by a third person;
(g) together they directly or indirectly control a
third person; or
(h) they are connected by—
(i) marriage;
(ii) a blood relationship; or
(iii) adoption.
(7) For the purposes of this Act, where, during the
exportation of goods to Trinidad and Tobago the goods pass in transit
from a country through another country, that other country shall be
disregarded in ascertaining the country of export of the goods.
(8) Any duty chargeable under this Act on any goods is
a duty of Customs and shall be chargeable in addition to any
other duty of Customs for the time being chargeable thereon, and
notwithstanding the provisions of any other law for the time
being in force in Trinidad and Tobago, the charge of duty under
this Act shall not affect liability to Customs duty chargeable
under any other Act or the amount of any such duty.
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Comptroller to
collect duties.
Ch. 78:01.
Anti-dumping
duty.
[23 of 1995].
Countervailing
duty.
[23 of 1995].
4. (1) The Comptroller shall be responsible for the
collection of the duties imposed by this Act.
(2) Subject to section 3, for the purposes of collecting
and enforcing the payment of duties imposed by this Act the
Customs Act and any other written law relating to the importation
of goods shall apply, but to the extent that it is inconsistent with
any other written law, this Act prevails.
PART II
IMPOSITION OF DUTIES
5. (1) Where the Minister, having made a determination
under Part V, is satisfied that goods of any description are being
or have been imported into Trinidad and Tobago in circumstances
in which they are under the provisions of this Act to be regarded
as having been dumped, and where such dumped imports cause
actionable injury, the Minister may, by Order, impose a duty to be
known as anti-dumping duty, unless he considers that it would
not be in the public interest to do so.
(2) The anti-dumping duty in respect of goods shall be
at a rate determined by the Minister after having regard to the
desirability of ensuring that the amount of duty in respect of those
goods is not greater than is necessary to prevent dumping but
shall not exceed the margin of dumping.
(3) Subject to section 10, anti-dumping duties shall be
imposed with prospective effect.
6. (1) Where the Minister, having made a determination
under Part V, is satisfied that some Government or other authority
outside Trinidad and Tobago has been giving a subsidy affecting
goods of any description which are being or have been imported
into Trinidad and Tobago, and by reason thereof actionable injury
is being caused, he may, by Order, impose a duty to be known as
countervailing duty.
(2) The countervailing duty in respect of goods shall be
at a rate determined by the Minister after having regard to the
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Third country
anti-dumping
and
countervailing
duties.
[23 of 1995].
Individual
dumping
margins.
[23 of 1995].
desirability of ensuring that the amount of duty in respect of those
goods is not greater than is necessary to prevent actionable injury
being caused, but shall not exceed the amount of the subsidy
given on the goods.
7. (1) Where the Minister is satisfied, having made a
determination under Part V, that, in relation to the importation
into Trinidad and Tobago of goods produced or manufactured in
another country—
(a) the goods are or have been dumped or
subsidised; and
(b) as a result material injury to a domestic industry
of a third country has been or is being caused or
threatened or the establishment of a domestic
industry of a third country has been or is being
materially retarded,
the Minister may, if requested by the Government of the third
country to do so, by Order, impose an anti-dumping duty or
countervailing duty, as the case may be.
(2) In subsection (1) “material injury” means material
injury to the production in the third country of like goods and
includes, in respect only of the subsidising of an agricultural product,
an increase in the financial burden on that country’s government.
(3) For the purposes of making the determination under
subsection (1), this Act shall apply as though the third country
were an industry making a complaint pursuant to section 18.
7A. (1) Where practicable the Authority shall determine
individual dumping margins for each known exporter or
producer concerned.
(2) Where it is not practicable to determine individual
dumping margins for each known exporter or producer concerned,
the Authority shall select a representative sample of exporters,
producers or products, determine individual dumping margins in
respect of the exporters, producers or products comprised in the
sample and then determine the dumping margin of all the exporters,
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Non-
discriminatory
imposition of
duty.
[23 of 1995].
Orders imposing
duties.
producers and products not included in the sample on the basis
that the normal value for such exporters, producers and products
shall be the weighted average normal value of the exporters,
producers or products included in the sample.
(3) Where subsection (2) applies, the Authority shall
select a sample which is statistically valid on the basis of the
information available to the Authority at the time of selection or
which is the largest percentage of the volume of the exports from
the country in question which can be reasonably investigated.
(4) Where practicable the Authority shall select any
sample in consultation with the exporters, producers and, in the
case of subsidies, the representatives of the exporting country.
(5) In deciding whether it is practicable to determine
individual dumping margins for each known exporter or producer
concerned and in determining which is the largest percentage of
the volume of exports which can reasonably be investigated, the
Authority shall take into consideration the number of exporters,
producers and products involved, the time limits imposed by this
Act or any Regulations made under this Act, the logistics of
visiting the premises of all the exporters and producers concerned
and any other relevant matter.
(6) This section shall not prevent the Authority from
determining an individual dumping margin for any exporter or
producer or product not included in the sample but in respect of
which a questionnaire is duly completed and returned within the
prescribed deadline.
8. Any duty or provisional duty shall be non-discriminatory
and payable on all imports of goods found to be dumped, or
subsidised, and causing actionable injury, except that duties shall
not be imposed on imports from sources in respect of which
undertakings have been accepted.
9. (1) Subject to subsection (2), an Order under this Part
may include such provisions as may appear to the Minister to be
required for the purposes of this Act, and in particular—
(a) provisions limiting the description of the goods
by reference to the particular persons or
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Relief in respect
of duties.
[23 of 1995].
organisations by whom the goods were produced
or who were concerned with the production of
the goods in some specified manner;
(b) provisions defining the rate of duty by reference
to value or weight or other measure of quantity;
(c) provisions directing that duty be charged for any
period or periods whether continuous or not, or
without any limit of period, or at different rates
for different periods or parts of periods;
(d) provisions to take account of retrospective duty
under section 30; and
(e) in connection with the commencement, variation
or termination of a duty, provisions authorising
repayments in respect of duty where it is shown
that the prescribed conditions are fulfilled.
(2) The description of goods in an Order shall include a
reference to the country in which the goods originated and where
the country from which the goods were exported to Trinidad and
Tobago is not the country of origin, to the country from which the
goods were so exported.
10. (1) Where it appears to the Minister that relief under this
section should be available in respect of a duty imposed by an
Order (being an Order made to afford protection against
dumping) he may, if he thinks fit, in that or a subsequent Order
under this Act apply this section in relation to the duty.
(2) Where this section applies in relation to any duty, the
importer of any goods chargeable with the duty as being goods
originating in or, as the case may be, exported from a specified
country may apply to the Minister for relief from the duty on
those goods.
(3) If on an application made under subsection (2) the
Minister is satisfied that the export price of the goods from that
country with the amount of the duty added to it exceeds the
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normal value of the goods in that country, he shall notify the
Comptroller of the amount of the excess, and the Comptroller
shall remit or repay the duty up to that amount within ninety days
of the notification.
(3A) Where the export price is determined in accordance
with section 13(1)(b) and there is conclusive evidence that any
increase in the price at which the goods were resold to an
independent party is duly reflected in subsequent selling prices,
then for the purposes of determining the amount of any relief under
this section, the reference to duties in section 13(1)(b)(i) shall not
include anti-dumping duties.
(4) An application under subsection (2) in respect of any
goods shall not be made more than six months after the duty has
been paid on the goods, and for the purposes of the application
the applicant shall furnish such information and evidence as the
Minister may require from him for ascertaining the export price
or normal value.
(5) This section shall have effect in relation to a duty
imposed by an Order (being an Order made to afford protection
against the giving of a subsidy) as if references to the normal
value in a country were references to the export price from that
country increased by such amount (if any) as may be necessary
to offset the effect of the giving of the subsidy.
(6) If a person for the purposes of an application under
this section—
(a) makes any statement which is false in a material
particular; or
(b) produces any account, estimate, return or other
document which is false in a material particular,
the amount of any duty remitted or repaid under this section on
the application shall be recoverable as a debt due to the State and
if the statement was made or the document was produced
knowingly or recklessly that person commits an offence and is
liable on summary conviction to a fine of fifteen thousand dollars
and imprisonment for one year.
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Drawback of
duties.
Ascertainment
of normal value.
[23 of 1995].
11. (1) The Minister may by Order provide for the
allowance of drawback in respect of all or any duties under this
Act, on the export of goods in such circumstances and subject to
such conditions as he may specify.
(2) The drawback may be in respect of duty paid on the
goods or in respect of duty paid on materials used in the
manufacture of goods and the rate of the drawback may be
determined in such manner by reference to such matters as the
Minister may specify.
(3) The Comptroller shall be responsible for the
payment of drawback under this section.
12. (1) Subject to this section, for the purposes of this Act,
the normal value of any goods exported or intended to be
exported to Trinidad and Tobago shall be the price paid for like
goods sold in the ordinary course of trade for home consumption
in the country of export in sales that are arm’s length transactions
by the exporter or, if like goods are not so sold by the exporter,
by other sellers of like goods.
(2) Subject to subsection (4), where the Minister is
satisfied that—
(a) the normal value of goods exported or intended
to be exported to Trinidad and Tobago cannot be
determined under subsection (1) because—
(i) there is an absence of sales that would be
relevant for the purpose of determining a
price under that subsection; or
(ii) the situation in the relevant market is such
that sales in that market that would
otherwise be relevant for the purpose of
determining a price under subsection (1)
are not suitable for use in determining
such a price; or
(b) like goods are not sold in the ordinary course of
trade for home consumption in the country of
export in sales that are arm’s length transactions
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by the exporter and it is not practicable to obtain
within a reasonable time information in relation
to sales by other sellers of like goods that would
be relevant for the purpose of determining a
price under subsection (1),
subsection (3) shall have effect.
(3) Where this subsection has effect, the normal value
for the purposes of this Act shall be the sum of—
(a) such amount as determined by the Minister to be
the cost of production or manufacture of the
goods in the country of export;
(b) on the assumption that the goods, instead of being
exported, had been sold for home consumption in
the ordinary course of trade in the country of
export—such amount as the Minister determines
would be a reasonable amount for administrative,
selling and general costs and profit.
(3A) In determining the amount referred to in
subsection (3)(b), the Minister shall use as a basis the amount of
administrative, selling and general expenses actually incurred
and the amount of profit actually realised by the exporter under
investigation on domestic sales of the like product or where these
are not available, any of the following:
(a) the amount of administrative, selling and
general expenses actually incurred and the
amount of profit actually realised by the
exporter under investigation in respect of the
production and domestic sales of the same
general category of products; or
(b) the weighted average of the amounts of
administrative, selling and general expenses
actually incurred and profit actually realised by
other exporters under investigation in respect of
the production and domestic sales of the like
product; or
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(c) any other reasonable basis provided that the
amount for profit so established shall not
exceed the profit normally realised by the
exporters on domestic sales of products of the
same general category.
(4) The Minister may, in his discretion, determine that
the normal value for the purposes of this Act, shall be the price
that, by reason of the quantity of goods, being like goods sold at
arm’s length in the ordinary course of trade in the country of
export for export to a third country, is representative of the price
paid in such sales of those goods and may be the highest price
paid for such like goods.
(5) Subject to subsections (9) and (10), where the
Minister is satisfied that it is inappropriate to ascertain the normal
value of goods in accordance with the foregoing provisions of this
section by reason that the Government of the country of export—
(a) has a monopoly, or substantial monopoly, of the
trade of the country; and
(b) determines or substantially influences the
domestic price of goods in that country,
subsection (6) shall have effect.
(6) Where this subsection has effect the normal value of
the goods for the purposes of this Act shall be a value ascertained
in accordance with whichever of the following paragraphs the
Minister determines is appropriate and reasonable in the
circumstances of the case:
(a) a value equal to the price of like goods produced
or manufactured in a third country determined by
the Minister and sold for home consumption in
the ordinary course of trade in that third country,
being sales that are arm’s length transactions;
(b) a value equal to the price that, by reason of the
quantity of goods, being like goods produced or
manufactured in a third country determined by the
Minister and sold for export from that country to
another country in the ordinary course of trade, is
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representative of the price paid in such sales of
the like goods, and may be the highest price paid
for the like goods;
(c) a value equal to the sum of the following amounts
ascertained in respect of like goods produced or
manufactured in a third country determined by
the Minister and sold for home consumption in
the ordinary course of trade in that country:
(i) such amount as the Minister determines to
be the cost of production or manufacture
of the like goods in that country;
(ii) such amount as the Minister determines
would be a reasonable amount for
administrative, selling and general costs
and profit;
(d) where the Minister determines that paragraphs (a)
to (c) do not provide an adequate basis for
determination of normal value, he shall determine
the normal value on the basis of a value equal to the
price payable for like goods produced or
manufactured in Trinidad and Tobago and sold for
home consumption in the ordinary course of trade
in Trinidad and Tobago in sales that are arm’s
length transactions duly adjusted, if necessary; to
reflect reasonable profits.
(6A) In determining the amount referrred to in
subsection (6)(c) (ii), the Minister shall use as a basis the amount
of administrative, selling and general expenses actually incurred
and the amount of profit actually realised by a producer in the
third country on domestic sales of the like product, or where
these are not available, any of the following:
(a) the amount of administrative, selling and general
expenses actually incurred and the amount of
profit actually realised by a producer in the third
country in respect of the production and domestic
sales of the same general category of products;
(b) the weighted average of the amounts of
administrative, selling and general expenses
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Anti-Dumping and Countervailing Duties Chap. 78:05 19
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L.R.O.
actually incurred and profit actually realised by
producers in the third country in respect of the
production and domestic sales of the like
product; or
(c) any other reasonable basis provided that the
amount for profit so established shall not exceed
the profit normally realised by the producers in
the third country on domestic sales of products
of the same general category.
(7) Where the normal value of goods exported or
intended to be exported to Trinidad and Tobago is the price paid
for like goods, in order to effect a fair comparison the normal
value and the export price shall be compared by the Minister—
(a) at the same level of trade, preferably at the
ex-factory level or as near to that level as possible;
(b) in respect of sales made at as nearly as possible
the same time; and
(c) with due allowances made as appropriate for any
differences in terms and conditions of sales,
differences in taxation, and any other differences
which are demonstrated affect price comparability.
(7A) Where the comparison under the previous
subsection requires a conversion of currencies, such conversion
shall be made using the rate of exchange prevailing on the date of
sale except that—
(a) where foreign currency is sold on forward markets
in a transaction directly linked to an export sale,
the currency of the export sale shall be converted
at the rate of exchange used in the forward sale; and
(b) movements in exchange rates need not be taken
into account until they have been sustained over
a substantial period.
(8) Where the normal value of goods exported to Trinidad
and Tobago is to be ascertained in accordance with subsection
(3)(a) and (b) or (6)(c), the Minister shall make such adjustments
as are necessary to ensure that the normal value so ascertained is
properly comparable with the export price of those goods.
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(9) Where—
(a) the actual country of export of goods exported or
intended to be exported to Trinidad and Tobago
is not the country of origin of the goods; and
(b) the Minister is of the opinion that the normal
value of the goods should be ascertained for the
purposes of this Act as if the country of origin
were the country of export,
the Minister may direct that the normal value of the goods shall
be so ascertained, and where such a direction is made, references
in this Act to the country of export shall be interpreted as
including references to the country of origin.
(10) Where the Minister is satisfied, in relation to goods
exported or intended to be exported to Trinidad and Tobago that—
(a) the price paid for like goods—
(i) sold for home consumption in the country
of export in sales that are arm’s length
transactions; or
(ii) sold in the country of export to a third
country in sales that are arm’s length
transactions,
is, and has been for an extended period of time and in respect of
a substantial quantity of like goods, less than the sum of—
(A) such amount as the Minister determines to
be the cost of production or manufacture of
the like goods in the country of export; and
(B) such amounts as the Minister determines, to
be reasonable amounts for administrative
and selling costs, delivery charges and other
charges necessarily incurred in the sale of
the like goods by the seller of the goods; and
(b) it is likely that the seller of those like goods will
not be able to fully recover the amounts referred
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Export price.
[23 of 1995].
to in subparagraphs (A) and (B) of paragraph (a)
within a reasonable period of time,
the price so paid for those like goods shall be deemed not to have
been paid in the ordinary course of trade.
(10A) For the purposes of paragraph (b) of subsection (10),
the seller of like goods shall be deemed to be able to fully recover
the amounts referred to in subparagraphs (A) and (B) of
paragraph (a) of that subsection if prices are above the weighted
average of such amounts on a per unit basis calculated over the
investigation period.
(11) (Repealed by Act No. 23 of 1995).
13. (1) Subject to this section, for the purposes of this Act,
the export price of any goods exported or intended to be exported
to Trinidad and Tobago which have been purchased by the
importer from the exporter shall be determined in accordance
with the following:
(a) where the purchase of the goods by the importer
was an arm’s length transaction, the export price
shall be the price paid or payable for the goods
by the importer other than any part of that price
that represents—
(i) costs, charges, and expenses incurred in
preparing the goods for shipment to
Trinidad and Tobago that are additional to
those costs, charges, and expenses
generally incurred on sales for home
consumption; and
(ii) any other costs, charges, and expenses
resulting from the exportation of the
goods, or arising after their shipment from
the country of export; or
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(b) where the purchase of the goods by the importer
was not an arm’s length transaction, and the
goods are subsequently sold by the importer in
the condition in which they were imported to a
person who is not an associate of the importer, the
export price may, notwithstanding paragraph (a),
be determined as the price at which the goods
were sold by the importer to that person less the
sum of the following amounts:
(i) the amount of any duties and taxes
imposed under this Act or any other Act;
(ii) the amount of any costs, charges, or
expenses arising in relation to the goods
after exportation;
(iii) the amount of the profit, if any, on the sale
by the importer or, where the Minister so
directs, an amount calculated in
accordance with such rate as the Minister
specifies as the rate of profit on the sale by
the importer having regard to the rate of
profit that would normally be realised on
sales of goods of the same general category
by the importer where such sales exist.
(2) Where —
(a) goods are or are to be shipped to Trinidad and
Tobago on a consignment basis and there is no
known purchaser in Trinidad and Tobago for the
goods; or
(b) there is no exporter’s sale price or no price at
which the importer or a person not associated
with the importer, has purchased or agreed to
purchase the goods; or
(c) the goods are not resold in the condition as
imported,
the export price, for the purposes of this Act, shall be determined
in such manner as the Minister considers appropriate having
regard to all the circumstances of the exportation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Determination
of margin of
dumping.
[23 of 1995].
Power of
Minister to
make
determinations
on available
facts.
[23 of 1995].
Calculation of
costs.
[23 of 1995].
13A. (1) The dumping margin of an exporter shall be
determined by taking the weighted average of all prices of
exports to Trinidad and Tobago made in the investigation period
and comparing this amount with the weighted average of the
normal value for the same period.
(2) Notwithstanding subsection (1), the Authority may
determine the dumping margin as the weighted average of the
individual dumping margins determined by comparing export
prices transaction by transaction with normal values established
transaction by transaction where normal values are subject to
significant variations during the investigation period.
(3) Notwithstanding subsections (1) and (2), the Authority
may determine the dumping margin as the weighted average of the
individual dumping margins determined by comparing export
prices transaction by transaction with the weighted average normal
value for the investigation period where it finds a pattern of export
prices which differ significantly among different purchasers,
regions or periods and such differences cannot be taken into account
appropriately by the application of subsection (1) or subsection (2)
and the reasons for that determination shall be stated in any Order
imposing anti-dumping duty.
14. Where any interested person refuses access to, or
otherwise does not provide, necessary information within a
reasonable period, or significantly impedes the investigation, the
Minister may make determinations pursuant to section 24 or
section 26 of this Act on the basis of facts available.
14A. (1) All cost calculations shall be based on available
accounting data, normally allocated, where necessary, in proportion
to the turnover for each product and market under consideration.
(2) Notwithstanding subsection (1), where an exporter is
able to prove that—
(a) the generally accepted accounting principles of
the exporting country provide for the allocation
of costs, or of certain costs otherwise than on the
basis of turnover;
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Construction of
references to
country of
origin.
(b) historically the exporter has kept its accounting
records and has allocated its costs in accordance
with such principles; and
(c) such records reasonably reflect the costs
associated with the production and sale of the
product under consideration,
the Authority may accept such cost allocations in lieu of an
allocation determined in accordance with subsection (1).
(3) Unless already reflected in the cost allocations made
in accordance with the previous subsections, costs shall be adjusted
appropriately for those non-recurring items of costs which benefit
future or current production, or for circumstances in which costs
during the investigation period are affected by start-up operations.
15. (1) Goods shall be regarded for the purposes of this Act
as having originated in a country—
(a) if those goods were wholly produced in
that country;
(b) if some stage in the production of the goods was
carried out in that country and the cost of
carrying out such stages, if any, in the
production of the goods as were carried out after
those goods last left that country (but before the
import of the goods into Trinidad and Tobago)
was less than twenty-five per cent of the cost of
production of the goods as so imported; or
(c) if some stage in the production of any components
or materials incorporated in the goods was carried
out in that country and the cost of carrying out
such stages in production as were carried out after
those components or materials last left that
country to convert those components or materials
into the goods as imported into Trinidad and
Tobago was less than twenty-five per cent of the
cost of production of the goods as so imported.
(2) Any reference in this Act to the country in which goods
originated is a reference, in a case where there are two or more
countries which answer to that description, to any of those countries.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Anti-Dumping
Authority.
Duties of
Authority.
Initiation of
investigation.
[23 of 1995].
PART III
ANTI-DUMPING AUTHORITY
16. (1) The Minister may designate the Permanent Secretary
in his Ministry or such other person as he thinks fit, to be the
Anti-Dumping Authority for the purposes of this Act.
(2) The Minister may provide to the Authority the services
of such other persons and such other facilities as he thinks fit.
17. (1) It shall be the duty of the Authority in accordance
with Regulations made under section 34—
(a) to investigate into the existence, degree and
effect of the alleged dumping, or grant of
subsidy of any goods;
(b) to ascertain in accordance with the Regulations
whether any goods imported into Trinidad and
Tobago cause or threaten to cause material injury
to any industry established in Trinidad and
Tobago or materially retard the establishment of
any new industry in Trinidad and Tobago;
(c) to identify goods liable for any duty or
additional duty chargeable under this Act;
(d) to submit his findings to the Minister as to the
margin of dumping or the nature and amount of
subsidy in relation to such goods; and
(e) to make recommendations to the Minister
regarding directions and determinations.
(2) The Authority shall conform, in the performance of
his duties and exercise of his powers, with any general or special
directions given to him by the Minister.
PART IV
INVESTIGATIONS
18. (1) The Authority may initiate an investigation to
determine the existence and effect of any alleged dumping or
subsidising of any goods at the direction of the Minister, on his
own initiative or on receipt of a complaint in writing by or on
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behalf of an industry producing like goods, provided that the
Authority shall not initiate an investigation where the members of
such industry who support the complaint do not account for more
production of the like goods in Trinidad and Tobago than do the
members of any of such industry who signify to the Authority in
writing their opposition to the complaint and for the purposes of
this subsection any producers excluded from the definition of
“industry” pursuant to section 3(1) shall not be taken into account.
(2) A complaint under subsection (1) shall—
(a) allege that the goods have been or are being
dumped or subsidised, specify the goods and
allege that the dumping or subsidising has caused,
is causing or is likely to cause material injury or
has caused or is causing material retardation;
(b) state the facts on which the allegations referred
to in paragraph (a) are based;
(c) make such other representations as the
complainant deems relevant to the complaint;
(d) contain such information as is available to the
complainant to prove the facts referred to in
paragraph (b), and such other information as the
Authority may reasonably require him to provide.
(3) Where the Authority initiates an investigation
pursuant to subsection (1), notice to that effect shall be given.
(3A) The investigation of dumping or subsidisation
shall normally cover a period of not less than six calendar months
immediately prior to the initiation of the investigation.
(4) Where the Authority decides with respect to some or all
of the goods specified in the complaint not to cause an investigation
to be initiated, he shall cause a written notice of his decision, setting
out the reasons for it, to be sent to the complainant and, in case of
subsidised goods, to the Government of the country of export.
(5) Before initiating an investigation into a complaint
the Authority shall satisfy itself that it has sufficient prima facie
evidence of—
(a) dumping or the giving of a subsidy and of the
quantum;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Anti-Dumping and Countervailing Duties Chap. 78:05 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Regional cases.
[23 of 1995].
Rights of
interested
parties.
[23 of 1995].
(b) actionable injury; and
(c) a causal link between such imports and the
alleged actionable injury.
(6) The procedures of Customs clearance of goods shall
not be affected or hindered by reason only of the opening of an
investigation pursuant to this Act.
18A. (1) Where injury has been determined by reference to a
competitive market within Trinidad and Tobago in accordance
with paragraph (b), of the definition of “industry” in section 3(1),
the exporters shall be given an opportunity to cease exporting at
dumped prices to the area concerned or to give undertakings in
accordance with section 18.
(2) Where exporters have been given the opportunity
referred to in subsection (1) and they have not within thirty days
ceased exporting to the area concerned or given undertakings in
accordance with section 18, anti-dumping duties shall be levied
on all imports from the country in question of the like goods into
any part of Trinidad and Tobago, except as provided by
subsection (3).
(3) Where the imports of goods to the area concerned of
Trinidad and Tobago are exported by suppliers who do not supply
such goods to the rest of Trinidad and Tobago, anti-dumping duty
levied pursuant to subsection (2) of this section shall be levied
only on those suppliers.
19. (1) The Authority shall ensure that all interested persons
are given reasonable opportunity throughout the investigation—
(a) to present in writing all evidence relevant to the
investigation;
(b) to have access to all non-confidential information
relevant to the presentation of their case and used
by the Authority in the investigation;
(c) to present opposing views and offer rebuttal
arguments.
(2) Information provided pursuant to subsection (1)(a)
shall not be taken into account unless it is reproduced in writing
in non-confidential form and made available to other
interested persons.
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
28 Chap. 78:05 Anti-Dumping and Countervailing Duties
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Requests as to
essential facts.
[23 of 1995].
(3) For the purposes of subsection (1)(a), the Authority
shall on request give interested persons an opportunity to meet
and in so doing the Authority shall take account of the
convenience of those persons and the need to preserve
confidentiality, but no interested person shall be obliged to attend
any such meeting and failure of any such person to attend shall
not be prejudicial to that person’s case.
(4) Industrial users of the product under investigation,
and where the product is commonly sold at the retail level,
representative organisations shall not be interested persons but
shall be entitled to submit to the Authority information which is
relevant to the investigation of dumping, subsidisation, injury
and the causal link between injury and dumping or subsidisation.
(5) The procedures set out in this Act shall not prevent
the Authority from proceeding expeditiously with regard to
initiating an investigation, reaching preliminary or final
determinations, whether affirmative or negative, or from
recommending the imposition of duties under this Act and within
the deadlines prescribed by or under this Act.
19A. (1) Exporters, foreign producers and importers of the
product subject to investigation, and in the case of subsidisation, the
representatives of the country of origin, may request to be informed
by the Authority of the essential facts and considerations on the basis
of which it is intended to recommend to the Minister the imposition
of anti-dumping duty or countervailing duty or the definitive
collection of amounts secured by way of provisional duty.
(2) Requests for information pursuant to subsection (1)
shall be addressed to the Authority in writing specifying the
particular issues on which information is sought and be received
not later than one month after the publication of a direction under
section 25.
(3) The information provided in response to a request
shall be given by the Authority in writing without prejudice to
any subsequent decision which may be taken by the Minister and
the information shall be given no later than fifteen days prior to
submission to the Minister of the proposed final determination
pursuant to section 26.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 29
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Treatment of
confidential
information.
General conduct
of investigation.
False or
misleading
evidence or
information.
Termination of
investigations.
[23 of 1995].
20. (1) Any information provided to the Authority on a
confidential basis by any person in the course of an investigation
shall, upon the Authority being satisfied as to its confidentiality,
be treated as such by it and no such information shall be disclosed
by the Authority to any other person without the specific
authorisation of the person providing such information.
(2) The Authority may request persons who have
provided confidential information to furnish—
(a) a non-confidential summary of the information; or
(b) if it is claimed that the information is not
susceptible of such summary, a statement of the
reasons why such summary is not possible,
and he may disregard any information for which the person
submitting it fails to provide either a satisfactory summary or
satisfactory reason why such summary cannot be provided.
21. (1) An investigation shall be carried out in the
prescribed manner.
(2) Interested parties to an investigation may be
represented by an attorney-at-law or by an agent.
22. A person who—
(a) gives to the Authority information, whether
orally or in writing, or documents, which he
knows, or has reason to believe to be false or
misleading in a material particular; or
(b) at an investigation, gives evidence, or produces a
document which he knows, or has reason to believe
to be false or misleading in a material particular,
commits an offence and is liable on summary conviction to a fine
of fifteen thousand dollars and imprisonment for one year.
23. (1) An investigation shall be terminated pursuant to this
section, section 26 or section 28.
(2) Where, upon the recommendation of the Authority,
the Minister, at any time before making a final determination of
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dumping or subsidising, is satisfied in respect of some or all of
the goods under investigation, that—
(a) there is insufficient evidence of dumping or
subsidising to justify proceeding with the
investigation; or
(b) there is insufficient evidence that material injury
to an industry has been or is being caused or
threatened or establishment of an industry has
been or is being materially retarded by means of
the subsidising or dumping of the goods,
the Minister shall direct the Authority to—
(i) terminate the investigation with respect to
those goods; and
(ii) give notice of such termination.
(3) Where—
(a) an investigation is terminated under
subsection (2), and it is subsequently ascertained
that information supplied affecting the
investigation was incorrect or did not disclose
material facts, and that the information is of such a
nature as materially to affect the decision to
terminate the investigation; or
(b) an investigation is terminated pursuant to an
undertaking and the undertaker violates
the undertaking,
the Authority may initiate a further investigation.
(4) Notice shall be given of an investigation under
subsection (3).
(5) Without prejudice to section 23(1), the Minister may,
upon recommendation of the Authority, direct that an investigation
be suspended or terminated at the request in writing on behalf of an
industry at whose instance the investigation was initiated.
(6) The Minister shall direct that the investigation be
terminated with respect to an exporter or producer where, upon a
recommendation of the Authority, the Minister is satisfied that
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 31
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Preliminary
determination.
Direction.
[23 of 1995].
the margin of dumping for that exporter or producer is less than two
per cent of the Customs value or, as the case may be, the margin of
subsidisation is less than one per cent of the Customs value.
(7) The Minister shall direct that an investigation be
terminated with respect to dumped imports from a particular
country where, upon a recommendation of the Authority, he is
satisfied that the volume of such imports, actual or potential, or
the injury is negligible.
(8) For the purposes of subsection (7), the volume of
dumped imports from a particular country shall be regarded as
negligible if it is found to account for less than three per cent of
all imports into Trinidad and Tobago of the like product, but this
subsection shall not apply where two or more countries which
individually account for less than three per cent of all imports
into Trinidad and Tobago of the like product collectively account
for more than seven per cent of such imports.
PART V
DETERMINATIONS
24. (1) Within three months after an investigation has been
initiated pursuant to section 18, the Minister shall make a
preliminary determination, on the basis of the information made
available during the investigation, if he has reasonable cause to
believe, that the goods which were the subject of the
investigation are goods in respect of which he may make an
Order imposing duty.
(2) The Minister’s preliminary determination shall be
given by notice.
(3) This section and section 26 shall not apply to an
investigation terminated under section 23.
25. (1) Where the Minister has made a preliminary
determination under section 24, he may, if he is satisfied that such
action is necessary to prevent material injury being caused during
the period of investigation, by notice give a direction to the
Comptroller that payment of provisional duty in respect of those
UNOFFICIAL VERSION
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32 Chap. 78:05 Anti-Dumping and Countervailing Duties
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Final
determination.
[23 of 1995].
goods shall be made or payment shall be secured in accordance
with section 31, provided that no such direction shall take effect
less than sixty days after the date of initiation.
(2) The rate or amount of such duty to be paid or secured
shall not exceed the dumping margin or the amount of
subsidisation, as the case may be, which has been determined by
the Minister under section 24.
(3) Where provisional duty collected, is, in relation to duty
to be imposed following a final determination under section 26:
(a) lower, there shall be no requirement to pay the
difference;
(b) higher, the difference shall be refunded.
(4) A direction shall cease to have effect following the
final determination made by the Minister under section 26.
(5) When any direction ceases to have effect any security
given pursuant to the direction shall be released, except to the
extent that duty is payable pursuant to an Order under this Act.
26. (1) The Minister shall make a final determination as to
whether or not the goods which were the subject of the investigation
are goods in respect of which he may make an Order imposing duty.
(1A) The notice of a final determination and of any
Order consequent upon that final determination shall be
published no later than four months after making the preliminary
determination under section 24, except that where exporters
representing a significant percentage of the trade involved so
request or do not object upon notification by the Authority, the
said period of four months may be extended to six months.
(2) The final determination of the Minister shall be
given by notice.
(3) Notwithstanding any other provision of this Act, the
final determination shall be made no more than eighteen months
after the date of initiation of the investigation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 33
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Appeal to Tax
Appeal Board.
Ch. 4:50.
Undertakings.
[23 of 1995].
PART VI
APPEALS
27. A person aggrieved by an Order imposing duty may
apppeal to the Tax Appeal Board in accordance with the Tax
Appeal Board Act.
PART VII
MISCELLANEOUS
28. (1) Where, in relation to the exportation of any
consignment of goods to Trinidad and Tobago, an investigation is
initiated pursuant to section 18, the Minister may cause the
investigation to be suspended or terminated if he is given and
accepts an undertaking by the Government of the country of
export or by the exporter of the goods that the Government or the
exporter, as the case may be, will so conduct future export trade
to Trinidad and Tobago of like goods to the goods in the
consignment as to avoid causing actionable injury.
(1A) No undertaking shall be accepted pursuant to this
section unless a preliminary determination has been made
pursuant to section 24, nor shall an undertaking be accepted if it
is offered later than fifteen days prior to the submission by the
Authority to the Minister of proposals for definitive action.
(1B) The Minister may refuse to accept an undertaking
if he considers its acceptance impractical, or for any reason of
public policy, and he shall communicate the reasons for so doing
in writing to the person offering the undertaking and shall, where
practicable, allow that person to make comments thereon before
the refusal takes effect.
(1C) An undertaking may be suggested by the Authority
but no person shall be obliged to enter into such an undertaking.
(1D) The fact that a person does not offer an
undertaking or did not accept an invitation to do so, shall in no
way prejudice the consideration of that person’s case.
(2) The price increase in an undertaking shall not exceed
the margin of dumping, or the amount of the subsidy, as the case
may be.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
34 Chap. 78:05 Anti-Dumping and Countervailing Duties
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} (Repealed by Act No. 23 of 1995).
Review of
imposition of
duties.
[23 of 1995].
(3) The Minister may be given and accept any
amendment to an undertaking because of altered circumstances.
(4) If the Minister accepts an undertaking, the
investigation of the extent of injury to an industry shall be
completed if the Government of the country of export or the
exporter, as the case may be, so desires.
(5) If an investigation referred to in subsection (4) is
completed and no determination of material injury, threat thereof,
or material retardation to the establishment of an industry is
made, the undertaking shall lapse, except in cases where a
determination of no threat of injury is attributable to a significant
degree to the existence of the undertaking, in which case the
Minister may require that the undertaking be maintained for such
reasonable period as he may determine.
(6) The Minister may require any party from whom
undertakings have been accepted to provide information relevant
to the fulfilment of the undertaking.
(7)
(8)
(9) If an investigation is terminated in accordance with
subsection (1), notice of the termination shall be given.
29. (1) The Minister shall review the imposition of a duty
where warranted on his own initiative, or on a recommendation
of the Authority.
(2) Where an interested party so requests and submits
evidence of changed circumstances sufficient to warrant a
review, the Authority may make a recommendation pursuant to
subsection (1) if at least one year has elapsed since the duty was
imposed or last reviewed.
(3) Prior to making a recommendation pursuant to
subsection (1) the Authority may initiate an investigation
pursuant to section 18 if warranted, and such initiation shall not
affect the duties in force.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 35
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L.R.O.
Duration of
duties.
[23 of 1995].
Newcomer
review.
[23 of 1995].
(4) Where warranted by the review, the Minister may
amend or revoke the Order imposing the duty, except that the
duty shall be maintained or confirmed to the extent necessary to
counteract the injurious effects of dumping or subsidisation.
(5) Subsections (1) to (4) shall apply to price
undertakings as though references to duties included references
to price undertakings.
29A. (1) Subject to this section, duties shall expire on the fifth
anniversary of their entry into force or, as the case may be, their
last review.
(2) Duties shall not expire on the fifth anniversary
referred to in subsection (1) if on that date an investigation is in
progress pursuant to section 29 or this section.
(3) Where at least one month prior to the fifth
anniversary referred to in subsection (1) an interested person
submits to the Authority prima facie evidence that expiry of the
duties would lead again to actionable injury, the Authority shall
immediately initiate an investigation.
(4) The provisions of this Act shall apply to an
investigation initiated under this section in the same way as they
apply to investigations initiated under section 18.
(5) Duties shall remain in force pending the outcome of
an investigation initiated under this section or section 29.
(6) Notice shall be given of the termination or expiry of
a duty for any reason whatsoever.
(7) Subsections (1) to (6) shall apply to price
undertakings as though reference to duties included references to
price undertakings.
29B. (1) Where a person satisfies the Authority that, in relation
to a product which is subject to an Order under section 7—
(a) it did not export the product to Trinidad and
Tobago during the investigation period used for
the purposes of determining the facts on the
basis of which the Order was made;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
36 Chap. 78:05 Anti-Dumping and Countervailing Duties
LAWS OF TRINIDAD AND TOBAGO
Retrospective
duty.
[23 of 1995].
(b) it is not an associate of any person whose
products are subjected to the Order upon
importation into Trinidad and Tobago; and
(c) it has exported the product to Trinidad and
Tobago after the investigation period,
the Authority shall initiate an investigation pursuant to section 9
as applied by and limited by this section.
(2) The investigation referred to in subsection (1) shall
be carried out as expeditiously as possible in accordance with the
provisions of this Act, but shall be limited to verifying the matters
in paragraphs (a), (b) and (c) of subsection (1) and to determining
the dumping margin of the person in question.
(3) Upon conclusion of the investigation referred to in
subsection (1), the Minister shall make a determination as to
whether or not the goods which were the subject of the
investigation are goods in respect of which he may make an Order
imposing duty, and notice of the determination shall be given.
(4) During the investigation referred to in subsection (1),
the goods exported by the person in question shall be exempt from
anti-dumping duty, and any Order which the Minister makes
imposing anti-dumping duty on such goods shall have
retrospective effect to the date of the initiation of the investigation.
(5) The Comptroller shall require and take adequate
securities for payment of duty becoming due retrospectively in
accordance with subsection (4).
30. (1) Duty and provisional duty shall only be applied to
goods which are entered for home consumption after the date of an
Order imposing duty or, where section 25 applies, after the date of
the provisional direction, except as provided by this section.
(2) Where a final determination of material injury to an
industry (but not of a threat thereof or of material retardation to
the establishment of an industry) is made by the Minister, or in
the case of a final determination of threat of material injury where
the effect of the dumped or subsidised goods would, in the
absence of provisional duty being paid or security being taken
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 37
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
under section 31 have led to a finding of material injury, duty
may be imposed retrospectively for the period for which duty
was paid or security taken.
(3) Where the Minister determines—
(a) in respect of dumped goods—
(i) either that there is a history of dumping
causing material injury or that the
importer was or should have been aware
that the goods were dumped and that such
dumping would cause injury; or
(ii) that the material injury is caused by
substantial dumped imports of a product
in a relatively short period to such an
extent that in order to preclude it
recurring the Minister is of the opinion
that it appears necessary to impose a
dumping duty retrospectively;
(b) in the case of subsidised goods, in critical
circumstances, where the Minister determines
that material injury which is difficult to repair is
caused by massive imports, in a relatively short
period, of goods benefiting from export
subsidies paid or bestowed inconsistently with
the provisions of the General Agreement on
Tariffs and Trade concluded in Geneva in the
year 1947 and where it is deemed necessary, in
order to preclude the recurrence of such material
injury it is necessary to impose a countervailing
duty retrospectively,
the Minister may impose duty on goods which were entered for
home consumption not more than ninety days prior to the date of
the provisional direction, except that an anti-dumping duty shall
not be imposed with retroactive effect prior to the date of
initiation of the investigation.
(4) Where an undertaking is violated by the undertaker
and the Minister imposes provisional duties, duty may be
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
38 Chap. 78:05 Anti-Dumping and Countervailing Duties
LAWS OF TRINIDAD AND TOBAGO
Securities for
payment of duty.
Notices.
imposed on goods entered for home consumption not more than
ninety days before the date of the provisional direction, except
that such retrospective duty shall not apply to goods that have
been entered for home consumption before the date of the
violation of the undertaking.
31. (1) The Comptroller may require and take securities for
payment of duty payable under this Act and pending the giving of
the required security he 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.
(2) Any security under this Act may, as required by the
Comptroller, be by bond with sureties or guarantee, or by a
deposit of cash, or by all or any of those methods, to the
satisfaction of the Comptroller.
(3) Any such security may be given in relation to any
particular transaction, or generally with respect to any class of
transactions or to all transactions, and for such period and amount
as the Comptroller thinks fit, and under such conditions as to
forfeiture, penalty, or otherwise as the Minister may direct.
(4) Any bond or other security entered into or given
under this Act by a person under the age of 18 years (otherwise
than as a surety or guarantor) shall have the same force, effect,
and validity as if that person had been of full age.
(5) Security under this section may be either in the
prescribed form or to the like effect, or in such other form as the
Comptroller in any particular case approves.
32. Notices under this Act shall—
(a) specify the reasons for the giving of the notice;
(b) be given to—
(i) the Government or Governments of the
country or countries of the export of
goods to which the notice relates;
(ii) exporters and importers known by the
Minister or Authority to have an interest
in those goods;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 39
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Additional
liability for
offence by body
corporate.
Regulations.
[23 of 1995].
(iii) the complainant in relation to those goods;
(iv) where section 7 applies, the Government
of the third country on behalf of whom the
Minister is taking action; and
(c) be published in the Gazette.
33. Where a person by whom an offence against section 10(6)
or 22 is committed is a body corporate, every director or other
officer concerned in any capacity in the management of the body
corporate is guilty of the like offence unless he proves that the
offence was committed without his consent or connivance and that
he exercised all such diligence to prevent the commission of the
offence as he ought to have exercised having regard to the nature
of his functions in that capacity and to all the circumstances.
34. (1) The Minister may make Regulations prescribing for
the purposes of this Act all matters—
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) Without prejudice to the generality of subsection (1)
Regulations under this section may provide for—
(a) the manner in which complaints of dumping or
subsidisation will be received;
(b) the information required for consideration of
such complaints and the method by which such
information will be obtained, both within and
outside Trinidad and Tobago;
(c) the conduct of investigations;
(d) the circumstances and manner in which
investigations may be joined and carried on as
one and the persons to whom notice of the
joining shall be given;
(e) the manner in which the injury to the industry
may be determined;
(f) the manner in which goods liable for duty will
be identified;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
40 Chap. 78:05 Anti-Dumping and Countervailing Duties
LAWS OF TRINIDAD AND TOBAGO
(g) the manner in which recommendations
regarding determinations and directions will be
submitted to the Minister;
(h) the form in which complaints or representations
may be made, notices issued or information
furnished and the form of bonds, guarantees and
other securities; and
(i) the countervailability and non-countervailability
of subsidies and the calculation of the amount of
countervailable subsidies.
(3) Regulations made by the Minister under this section
shall be subject to negative resolution of Parliament.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 41
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SUBSIDIARY LEGISLATION
ANTI-DUMPING AND COUNTERVAILING
DUTIES REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Complaints
3. Preliminary hearing.
4. Notice of initiation of investigation.
5. Questionnaires.
6. Investigation in the territory of other countries.
7. Joining investigations.
8. Expert evidence.
9. Provision of evidence to Authority.
10. Finding of actionable injury.
11. Findings to be given on evidence available.
12. Preliminary findings.
13. Final finding.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
42 Chap. 78:05 Anti-Dumping and Countervailing Duties
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary]
25/1996.
Citation.
Complaints.
ANTI-DUMPING AND COUNTERVAILING
DUTIES REGULATIONS
made under section 34
1. These Regulations may be cited as the Anti-Dumping
and Countervailing Duties Regulations.
2. (1) A complaint under section 18 of the Act shall
contain the following information:
(a) the name and address of the complainant;
(b) the industry on whose behalf the complaint is
filed and a letter from each producer supporting
the complaint, indicating his consent to being
represented by the complainant;
(c) a list of all known producers in Trinidad and
Tobago of the like product;
(d) where known, the volume and value of production
of each of the producers listed under paragraph (c);
(e) a complete description of the allegedly dumped
or subsidised product;
(f) the names of the country or countries of origin,
and where different, of the countries of export;
(g) a list of all known producers in the country of origin;
(h) a list of all known exporters in the country of
origin, and where the goods are exported from a
country other than the country of origin, a list of
all exporters in the country of export;
(i) a list of all known importers in Trinidad and
Tobago of the product in question;
(j) evidence of dumping or subsidisation as the
case may be during at least six months prior to
the making of the complaint;
(k) evidence of actionable injury having regard to
the factors enumerated in regulation 4 and
evidence that such actionable injury is the result
of the allegedly dumped or subsidised imports.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 43
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Anti-Dumping and Countervailing Duties Regulations [Subsidiary]
Preliminary
hearing.
(2) Documents on which the complainant relies to make
the complaint shall be furnished with the complaint.
(3) Where the Authority receives a written complaint
respecting the dumped or subsidised goods, the Authority shall
within fifteen days after the receipt thereof—
(a) where the complaint complies with section 18(2)
of the Act, cause the complainant, and, in the
case of subsidised goods, the government of the
country of export, to be informed in writing that
the complaint was received and that it so
complies; or
(b) where the complaint does not comply with
section 18(2) of the Act, cause the complainant
to be informed that the complaint was received
and that additional information or material is
needed in order for the complaint to so comply,
and may set any time limit within which such
additional information shall be submitted.
(4) For the purposes of subregulation (1), where the
Authority receives from a complainant additional written
information or material, the complaint is deemed to have been
received on the day that the Authority received the additional
written information or material.
3. For the purposes of section 18(5) of the Act, before
initiating an investigation, whether on its own initiative or as a
result of a complaint, the Authority shall hold a preliminary
hearing of all interested persons and such experts and other
witnesses as it thinks fit and—
(a) shall cause notice of the preliminary hearing to
be given;
(b) may, subject to regulation 5, require any of those
persons to complete a questionnaire.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
44 Chap. 78:05 Anti-Dumping and Countervailing Duties
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Anti-Dumping and Countervailing Duties Regulations
Notice of
initiation of
investigation.
Questionnaires.
Investigation in
the territory of
other countries.
4. (1) Where the Authority decides to initiate an
investigation, notice of the initiation shall be given by the
Authority in accordance with section 32 of the Act and may,
subject to regulation 5, require any of the persons referred to in
that section to complete a questionnaire.
(2) Without prejudice to section 32 of the Act, notice of
the initiation of an investigation shall contain the following
information:
(a) the name of the exporting country or countries
and the product concerned;
(b) the date of the initiation of the investigation;
(c) the basis on which dumping or subsidisation is
alleged;
(d) a summary of the factors on the basis of which
actionable injury is alleged;
(e) the address to which interested parties may
submit their representations in writing or send
requests for a questionnaire and the time limits
in which they may do so.
(3) The Authority shall provide a copy of the complaint
with every copy of the notice provided pursuant to subregulation (1).
(4) Where the Authority decides not to initiate an
investigation, it shall send a written notice of that decision to the
complainant setting out therein the reasons therefor.
5. (1) Where the Authority requests the completion of a
questionnaire under regulation 3 or 4, it shall allow thirty days or
such longer period as it thinks fit in which to provide the
information requested.
(2) The Authority shall verify all information provided
to it by means of a questionnaire.
6. (1) The Authority may carry out an investigation in the
territories of another country, if the circumstances warrant,
provided the Authority notifies such country in advance and such
country does not object to the investigation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 45
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Anti-Dumping and Countervailing Duties Regulations [Subsidiary]
Joining
investigations.
Expert
evidence.
Provision of
evidence to
Authority.
(2) The Authority may carry out an investigation at the
premises of a commercial organisation situate in the territory of
another country or may examine its records if such organisation
agrees, and if the country, in whose territory the commercial
organisation is situated, is notified and raises no objection to the
conduct of such investigation or examination of records.
7. (1) Two or more investigations may be joined and
carried on as one investigation where the investigations deal with
the same or like goods.
(2) An investigation may not be joined pursuant to
subregulation (1) if a preliminary determination under section 24
of the Act has been made in respect of it.
(3) Where investigations are joined pursuant to
subregulation (1) the Authority shall cause a notice of the joining
to be given in writing to the importers, exporters, governments
of the countries of export and complainants, if any, involved in
the investigations.
8. The Authority may require such experts and other
persons as it thinks fit to tender any evidence relevant to the
investigations being carried out.
9. (1) Where—
(a) in an investigation respecting the dumping or
subsidising of goods; or
(b) in relation to the sale of—
(i) goods to an importer in Trinidad and
Tobago; or
(ii) goods released ninety days prior to
the initiation of an investigation,
the Authority believes on reasonable grounds that any person in
Trinidad and Tobago is able to provide evidence relevant to the
investigation or to the making, for the purpose of facilitating the
administration or enforcement of the Act, of an estimate of the
duty that may be payable on the goods when imported into
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
46 Chap. 78:05 Anti-Dumping and Countervailing Duties
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Anti-Dumping and Countervailing Duties Regulations
Trinidad and Tobago, the Authority may, by notice in writing,
require the person to provide the Authority, with the evidence
referred to in the notice.
(2) Where, by notice given pursuant to subregulation (1)
the Authority requires any person to provide evidence, it shall—
(a) include in the notice sufficient information for
the person to identify the evidence;
(b) specify in the notice the time within which and
the manner and form in which the evidence is to
be provided.
(3) Where a person is required by notice given pursuant
to subregulation (1) to provide the Authority with evidence, the
person shall—
(a) if it is reasonably practicable for the person to
do so, provide the evidence in accordance with
the notice;
(b) if it is reasonably practicable for the person to
provide a part only of the evidence in
accordance with the notice—
(i) so provide that part of the evidence; and
(ii) provide the Authority with a written
statement identifying the remainder of the
evidence and specifying the reason why it
is not reasonably practicable for the person
to provide the remainder of the evidence in
accordance with the notice; and
(c) if it is not reasonably practicable for the person to
provide the evidence in accordance with the
notice, provide the Authority with a statement so
stating and specifying the reason why it is not
reasonably practicable to so provide the evidence.
(4) Where, pursuant to subregulation (2)(b), the Authority
specifies the time within which evidence is to be provided, the
Authority may, either before or after the expiration of that time,
extend the time within which the evidence is to be provided.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 47
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Anti-Dumping and Countervailing Duties Regulations [Subsidiary]
Finding of
actionable
injury.
10. (1) Where a complaint of actionable injury is made, the
Authority shall examine such facts as the Authority considers
relevant under the circumstances, and shall give due
consideration to the following factors:
(a) the volume of dumped or subsidised imports as
assessed in absolute terms or relative to production
or consumption in Trinidad and Tobago;
(b) the effect of dumped or subsidised imports on
prices shall be assessed by reference to—
(i) whether there has been significant price
undercutting by the dumped or subsidised
imports as compared with the price of like
goods produced in Trinidad and Tobago; or
(ii) whether the effect of such imports is to
depress to a significant degree or prevent
price increases, which would otherwise
have occurred, to a significant degree;
(c) the consequent impact of dumped or subsidised
imports on the industry which produces like
goods as assessed by reference to all relevant
economic factors and indices having a bearing
on the state of the industry, notably sales, profits,
production, market share, productivity, return on
investment, rate of use of production capacity,
inventories, cash flow, employment, wages,
growth, ability to raise capital and investments,
but nothing in this subregulation shall be construed as binding
the Authority to give priority to any of the factors mentioned in
paragraphs (a) to (c) in the making of its decision.
(2) Where imports of goods from more than one country
are simultaneously subject to investigation pursuant to the Act,
the effect of imports from all the countries taken cumulatively
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
48 Chap. 78:05 Anti-Dumping and Countervailing Duties
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[Subsidiary] Anti-Dumping and Countervailing Duties Regulations
may be deemed to be an effect of imports from each of the countries
subject to investigation where the following conditions are satisfied:
(a) the imports of any exporter taken into account
are dumped by a margin which is not less than
two per cent; and
(b) the volume of the imports from any country
taken into consideration is not negligible within
the meaning of section 23(8) of the Act; and
(c) a cumulative assessment of the imports is
appropriate in the light of the conditions of the
competition between the imported products and
the conditions of competition between the
imported product and the like goods produced
by the industry.
(3) The effect of dumped or subsidised imports shall be
assessed in relation to the production of the like goods by
industry when available data permit the separate identification of
that production on the basis of such criteria such as the
production process, producers’ sales and profits, and if such
separate identification of that production is not possible, the
effects of the dumped or subsidised imports shall be assessed by
the examination of the production of the narrowest group or
range of goods which includes the like goods, for which the
necessary information can be provided.
(4) A determination of threat of actionable injury may
only be made where a particular situation is likely to develop into
actionable injury and in making such determination the Authority
shall take into consideration such factors as—
(a) the rate of increase of dumped or subsidised
imports into Trinidad and Tobago;
(b) export capacity in the country of export, already
in existence or which will be operational in the
foreseeable future, and the likelihood that the
resulting exports will be to Trinidad and Tobago;
(c) the depressant or suppressant effect of the prices
of imports and the likelihood that such prices
will increase the demand for further imports;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Anti-Dumping and Countervailing Duties Chap. 78:05 49
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L.R.O.
Anti-Dumping and Countervailing Duties Regulations [Subsidiary]
Findings to be
given on
evidence
available.
Preliminary
findings.
(d) inventories of the product being investigated;
(e) the nature of any subsidy or subsidies and the
trade effects likely to arise therefrom.
(5) Injuries caused by other factors, such as volume and
prices of imports which are not dumped or subsidised, contraction
in demand, or changes in the patterns of consumption, trade
restrictive practices of and competition between the foreign
producers and the industry, developments in technology and the
export performance and productivity of the industry, which,
individually or in combination, also adversely affect the domestic
industry shall not be attributed to the dumped or subsidised imports.
(6) The Authority may, in exceptional cases, give a
finding as to the existence of actionable injury even where a
substantial portion of the domestic industry is not so injured if—
(a) there is a concentration of the dumped or
subsidised imports into an isolated market; and
(b) the dumped or subsidised imports are causing
actionable injury to the producers of all of the
production within such market.
11. Where an interested party or country refuses access to, or
otherwise does not provide necessary information to the Authority
within the time limit fixed by the Authority or within a reasonable
period if no time limit is fixed by the Authority, or impedes its
investigations, the Authority may record its findings on the basis of
the information available to it and put up such recommendations to
the Minister as it thinks fit under the circumstances.
12. (1) The Authority shall within seventy-five days of the
receipt of the complaint, or such extended time as the Minister
may, subject to section 24(1) of the Act, in any case allow, submit
preliminary findings to the Minister to enable him to make a
preliminary determination under section 24 of the Act and take
any provisional measures under section 25 of the Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
50 Chap. 78:05 Anti-Dumping and Countervailing Duties
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[Subsidiary] Anti-Dumping and Countervailing Duties Regulations
Final finding.
(2) Without prejudice to section 32 of the Act, the notice
referred to in section 24(2) of the Act shall contain the
following information:
(a) the name of the suppliers, or where this is
impracticable, the name of the supplying
country concerned;
(b) a description of the product which identifies it
adequately for Customs purposes;
(c) the margins of dumping or subsidisation
established and an explanation of the reasons for
the methodology used;
(d) considerations relevant to the injury
determination; and
(e) the main reasons leading to the determination.
13. The Authority shall submit to the Minister a detailed
report containing—
(a) its final finding as to—
(i) the export price, normal value and the
margin of dumping of the said goods;
(ii) whether subsidy is being granted in
respect of the goods under investigation
and the quantum of such subsidy;
(iii) whether import of such articles into
Trinidad and Tobago causes or threatens
to cause material injury to any industry
established in Trinidad and Tobago or
materially retards the establishment of
any industry in Trinidad and Tobago;
(b) the basis of its findings; and
(c) its recommendations for the action to be taken,
within one hundred and twenty days from the date of preliminary
determination or within such extended time as the Minister may,
subject to section 26(1) of the Act, grant in exceptional cases.
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[Subsidiary]
ANTI-DUMPING AND COUNTERVAILING
DUTIES (SUBSIDIES) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Subsidy to be specific.
4. Specificity.
5. Deemed specificity.
6. Evidence of specificity.
7. Non-countervailable subsidies.
8. Research subsidies.
9. Subsidies to disadvantaged regions.
10. Regional subsidy programmes.
11. Subsidies for adaptation of existing facilities.
12. Calculation of amount of countervailable subsidy.
SCHEDULE.
UNOFFICIAL VERSION
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52 Chap. 78:05 Anti-Dumping and Countervailing Duties
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[Subsidiary]
26/1996.
Citation.
Interpretation.
ANTI-DUMPING AND COUNTERVAILING DUTIES
(SUBSIDIES) REGULATIONS
made under section 34
1. These Regulations may be cited as the Anti-Dumping
and Countervailing Duties (Subsidies) Regulations.
2. In these Regulations—
“enterprise” means a commercial enterprise, industry or a group
of commercial enterprises or industries;
“general framework of regional development” means an
internally consistent and generally applicable regional
development policy consisting of a regional subsidy
programme, provided that regional development subsidies
granted under the programme are not granted in isolated
geographical points having no, or virtually no influence on
the development of a region;
“granting authority” means a government or public body outside
Trinidad and Tobago that grants a subsidy;
“industrial research” means planned search or critical investigation
aimed at discovery of new knowledge, with the objective that
such knowledge may be useful in developing new products,
processes or services, or in bringing about a significant
improvement to existing products, processes or services;
“neutral and objective criteria” means criteria or conditions
which are clearly spelled out by written law or other official
document so as to be capable of verification and which, as
the case may be, do not favour—
(a) certain enterprises over other enterprises and
which are economic in nature and horizontal in
application, such as number of employees or
size of enterprise;
(b) certain regions beyond what is appropriate for
the elimination or reduction of regional
disparities within a general framework of
regional development;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Subsidy to
be specific.
Specificity.
“pre-competitive development activity” means the translation of
industrial research findings into a plan, blueprint or design
for new, modified or improved products, processes or
services whether intended for sale or use, including—
(a) the creation of a first prototype which would not
be capable of commercial use;
(b) pilot projects or projects involving the
conceptual formulation and design, or initial
demonstration, of alternative products, processes
or services, provided that the project cannot be
converted or used for industrial application or
commercial exploitation,
but does not include routine or periodic alterations to
existing products, production lines, manufacturing
processes, services and other on-going operations, whether
those alterations are by way of improvement or not;
“region” means a region within the territory of the country of
origin or the country of export.
3. A subsidy shall be subject to countervailing measures
only if it is specific to an enterprise.
4. (1) Subject to subregulation (2), for the purposes of
determining whether a subsidy is specific to an enterprise, the
following principles shall apply:
(a) where the granting authority, or the legislation
pursuant to which the granting authority
operates, explicitly limits access to a subsidy to
an enterprise, such subsidy shall be specific; and
(b) where the granting authority, or the legislation
pursuant to which the granting authority
operates, establishes neutral and objective
criteria governing the eligibility for, and the
amount of, a subsidy, specificity shall not exist,
provided that the eligibility is automatic and
that such criteria are strictly adhered to.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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Deemed
specificity.
(2) Notwithstanding any appearance of non-specificity
resulting from the application of subregulation (1), if there are
reasons to believe that the subsidy may in fact be specific, the
Authority may consider the following factors:
(a) the use of a subsidy programme by a limited
number of enterprises;
(b) the predominant use of a subsidy programme by
an enterprise;
(c) the granting of disproportionately large amounts
of subsidy to an enterprise;
(d) the manner in which discretion has been
exercised by the granting authority in the
decision to grant a subsidy, including, in
particular, information on the frequency with
which applications for a subsidy are refused or
approved and the reasons for such decisions;
(e) the extent of diversification of economic activities
within the jurisdiction of the granting authority; and
(f) the length of time during which the subsidy
programme has been in operation.
(3) A subsidy which is limited to an enterprise located
within a designated geographical region within the jurisdiction of
the granting authority shall be specific, but for the purposes of this
subregulation, “subsidy” does not include the setting or change of
generally applicable tax rates by any authority entitled to do so.
5. (1) Notwithstanding regulation 4, the following subsidies
are deemed to be specific:
(a) subsidies contingent, in law or in fact, whether
solely or as one of several other conditions,
upon export performance; and
(b) subsidies contingent, whether solely or as one of
several other conditions, upon the use of
domestic over imported goods.
(2) For the purposes of subregulation (1)(a)—
(a) the mere fact that a subsidy is accorded to
enterprises which export shall not, for that
reason alone, make the subsidy one that is
contingent upon export performance; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Evidence of
specificity.
Non-
countervailable
subsidies.
Schedule.
Research
subsidies.
(b) subsidies shall be considered to be contingent in
fact upon export performance when the facts
demonstrate that the granting of a subsidy,
without having been made legally contingent
upon export performance, is in fact tied to actual
or anticipated exportation or export earnings.
6. A determination of specificity shall be clearly
substantiated on the basis of positive evidence.
7. The following subsidies shall not be subjected to
countervailing measures:
(a) subsidies which are not specific within the
meaning of regulations 4 and 5;
(b) subsidies which are specific, within the meaning
of regulations 4 and 5, but which meet the
conditions provided for in regulation 8, 9 or 10;
(c) the element of subsidy which may exist in any
of the measures listed in the Schedule.
8. (1) Subsidies for research activities conducted by firms
or by higher education or research establishments on a contract
basis with firms shall not be subject to countervailing measures,
if the subsidies cover not more than seventy-five per cent of the
costs of industrial research or fifty per cent of the costs of pre-
competitive development activity, and provided that such
subsidies are limited exclusively to—
(a) personnel costs in relation to researchers,
technicians and other supporting staff employed
exclusively in the research activity;
(b) costs of instruments, equipment, land and
buildings used exclusively and permanently
(except when disposed of on a commercial
basis) for the research activity;
(c) costs of consultancy and equivalent services
used exclusively for the research activity,
including bought-in research, technical
knowledge and patents;
UNOFFICIAL VERSION
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Subsidies to
disadvantaged
regions.
(d) additional overhead costs incurred directly as a
result of the research activity;
(e) other running costs (such as those of materials,
supplies and the like), incurred directly as a
result of the research activity.
(2) For the purposes of this regulation, the allowable
levels of non-countervailable subsidy shall be established with
reference to the total eligible costs incurred over the duration of
an individual project.
(3) Where the research activity consists of industrial
research and pre-competitive development activity, the allowable
level of non-countervailable subsidy shall not exceed the simple
average of the allowable levels of non-countervailable subsidy
applicable to both categories, calculated on the basis of all
eligible costs as set forth in subregulation (1)(a) to (e).
(4) This regulation does not apply to industrial activity
or pre-competitive development activity carried on in relation to
civil aircraft as defined in the 1979 Agreement on Trade in Civil
Aircraft, as amended, or in any later agreement amending or
replacing that Agreement.
9. (1) Subsidies to disadvantaged regions within the
territory of the country of origin or the country of export, given
pursuant to a general framework of regional development, and
which would be non-specific if the criteria laid down in
regulation 4 were applied to eligible region concerned shall not
be subject to countervailing measures provided that—
(a) each disadvantaged region is a clearly
designated contiguous geographical area with a
definable economic and administrative identity;
(b) the region is considered as disadvantaged on the
basis of neutral and objective criteria, indicating
that the region’s difficulties arise out of more
than temporary circumstances;
(c) the criteria include a measurement of
economic development which shall be based
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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Regional
subsidy
programmes.
Subsidies for
adaptation of
existing
facilities.
on a combination, or at least one, of the
following factors:
(i) one of either income per capita or
household income per capita, or gross
domestic product per capita, which shall
not be above eighty per cent of the
average for the territory of the country of
origin or country of export concerned;
(ii) unemployment rate, which shall be at
least one hundred and ten per cent of the
average for the territory of the country of
origin or country of export concerned,
as measured over a three-year period; and
(d) the requirements of regulation 10 in relation to
the regional subsidy programme concerned
are satisfied.
(2) A measurement of economic development under
subregulation (1)(c) may include such other factors as the
Authority thinks fit.
10. In order for a subsidy to qualify for an exemption under
regulation 9, the regional subsidy programme under which the
subsidy is granted shall provide for the following:
(a) ceilings on the amount of subsidy which can be
granted to each subsidised project, such
ceilings being—
(i) differentiated according to the different
levels of development of eligible regions; and
(ii) expressed in terms of investment costs or
the cost of job creation;
(b) the broad and even distribution of subsidies so
as to avoid the predominant use of subsidies by,
or the granting of disproportionately large
amounts of a subsidy to, any enterprise.
11. (1) Subsidies to promote the adaptation of existing
facilities to new environmental requirements imposed by law
resulting in greater constraints and financial burden on firms or
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Calculation of
amount of
countervailable
subsidy.
enterprises, shall not be subject to countervailing measures,
provided that the subsidy—
(a) is a one-time non-recurring measure;
(b) is limited to twenty per cent of the cost of adaptation;
(c) does not cover the cost of replacing and
operating the subsidised investment, which are
to be fully borne by firms and enterprises;
(d) is directly linked to and proportionate to a firm’s
planned reduction of nuisances and pollution,
and does not cover any manufacturing cost
savings which may be achieved; and
(e) is available to all firms and enterprises which can
adopt the new equipment or production processes.
12. (1) The amount of countervailable subsidies shall be
calculated in terms of the benefit conferred to the recipient and
which is found to exist during the investigation period for
subsidisation.
(2) The investigation period for subsidisation shall
normally be the most recent accounting year of the beneficiary,
but may be any other period of at least six months prior to the
initiation of the investigation for which reliable financial and
other relevant data are available.
(3) The following principles shall apply to the
calculation of the benefit conferred to the recipient:
(a) provision by a government of equity capital
shall not be considered as conferring a benefit,
unless the investment can be regarded as
inconsistent with the usual investment practice
(including for the provision of risk capital) of
private investors in the territory of the country
of origin or the country of export;
(b) a loan by a government shall not be considered as
conferring a benefit, unless there is a difference
between the amount that the firm or enterprise
receiving the loan pays on the government loan
and the amount that the firm or enterprise would
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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pay for a comparable commercial loan which the
firm or enterprise could actually obtain on the
market, in which case the benefit shall be the
difference between the two amounts;
(c) a loan guarantee by a government shall not be
considered as conferring a benefit, unless there
is a difference between the amount that the firm
receiving the guarantee pays on a loan
guaranteed by the government and the amount
that the firm would pay for a comparable
commercial loan in the absence of the
government guarantee, in which case the benefit
shall be the difference between the two amounts
adjusted for any differences in fees;
(d) the provision of goods or services or purchases of
goods by a government shall not be considered as
conferring a benefit unless the provision is made for
less than adequate remuneration, or the purchase is
made for more than adequate remuneration and the
adequacy of remuneration shall be determined in
relation to prevailing market conditions for the
product or service in question in the country of
provision or purchase (including price, quality,
availability, marketability, transportation and other
conditions of purchase or sale).
(4) The following principles shall apply to the
calculation of the amount of countervailable subsidies:
(a) the amount of the countervailable subsidies shall
be determined per unit of the subsidised product
exported to Trinidad and Tobago;
(b) an interested party may claim the following
deductions from the total subsidy:
(i) any application fee, or other costs
necessarily incurred in order to qualify
for, or to obtain, the subsidy;
(ii) export taxes, duties or other charges levied
on the export of the product to Trinidad
and Tobago specifically intended to offset
the subsidy,
UNOFFICIAL VERSION
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but the Authority shall not make any deduction
under this paragraph, unless the interested party
proves that the claim is justified;
(c) where the subsidy is not granted by reference to
the quantities manufactured, produced,
exported or transported, the amount of
countervailable subsidy shall be determined by
allocating the value of the total subsidy, as
appropriate, over the level of production, sales
or exports of the products concerned during the
investigation period for subsidisation;
(d) where the subsidy can be linked to the future
acquisition of fixed assets, the amount of the
countervailable subsidy shall be calculated by
spreading the subsidy across a period which
reflects the normal depreciation of such assets
in the industry concerned and the amount so
calculated which is attributable to the
investigation period (including that which
derives from fixed assets acquired before this
period) shall be allocated as described in
paragraph (c), but where the assets are non-
depreciating, the subsidy shall be valued as an
interest-free loan and be treated in accordance
with subregulation (3)(b);
(e) where a subsidy cannot be linked to the
acquisition of fixed assets, the amount of the
benefit received during the investigation period
shall in principle be attributed to this period, and
allocated as described in paragraph (c), unless
special circumstances arise justifying attribution
over a different period.
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Regulation 7(c).SCHEDULE
DOMESTIC SUPPORT MEASURES
1. Domestic support measures for which exemption from countervailing duty is
claimed shall meet the fundamental requirement that they have no, or at most
minimal, trade-distorting effects on production. Accordingly, all measures for which
exemption is claimed shall conform to the following basic criteria:
(a) the support in question shall be provided through a publicly-
funded government programme (including government
revenue foregone) not involving transfers from consumers; and
(b) the support in question shall not have the effect of providing
price support to producers,
plus policy-specific criteria and conditions as set out below.
GOVERNMENT SERVICE PROGRAMMES
2. General Services
Policies in this category involve expenditures (or revenue foregone) in
relation to programmes which provide services to agriculture or a rural
community. These programmes shall not involve direct payments to producers
or processors. These programmes include but are not restricted to the following:
(a) research, including general research, research in connection
with environmental programmes, and research programmes
relating to particular products;
(b) pest and disease control, including general and product-
specific pest and disease control measures, such as early-
warning systems, quarantine and eradication;
(c) training services, including both general and specific
training facilities;
(d) extension and advisory services, including the provision of
means to facilitate the transfer of information and the results
of research to producers and consumers;
(e) inspection services, including general inspection services
and the inspection of particular products for health, safety,
grading or standardisation purposes;
(f) marketing and promotion services, including market
information, advice and promotion relating to particular
products but excluding expenditure for unspecified purposes
that could be used by sellers to reduce their selling price or
confer a direct economic benefit to purchasers; and
Anti-Dumping and Countervailing Duties (Subsidies) Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(g) infrastructural services, including electricity, reticulation,
roads and other means of transport, marker and port facilities,
water supply facilities, dams and drainage schemes, and
infrastructural works associated with environmental
programmes. In all cases the expenditure shall be directed to
the provision or construction of capital works only, and shall
exclude the subsidised provision of on-farm facilities other
than for the reticulation of generally available public utilities.
It shall not include subsidies to inputs or operating costs, or
preferential user charges.
3. Public stockholding for food security purposes
Expenditure (or revenue foregone) in relation to accumulation and
holding of stocks of products which form an integral part of a food security
programme identified in national legislation. This may include government
aid to private storage of products as part of such a programme.
The volume and accumulation of such stocks shall correspond to
predetermined targets related solely to food security. The process of stock
accumulation and disposal shall be financially transparent. Food purchases by
the government shall be made at current market prices and sales from food
security stocks shall be made at no less than the current domestic market price
for the product and quality in question.
4. Domestic food aid
Expenditures (or revenue foregone) in relation to provision or domestic
food aid to sections of the population in need.
Eligibility to receive the food aid shall be subject to clearly-defined
criteria related to nutritional objectives. Such aid shall be in the form of direct
provision of food to those concerned or the provision of means to allow
eligible recipients to buy food either at market or at subsidised prices. Food
purchases by the government shall be made at current market prices and the
financing and administration of the aid shall be transparent.
5. Direct payments to producers
Support provided through direct payments (or revenue foregone,
including payments in kind) to producers for which exemption from reduction
commitments is claimed shall meet the basic criteria set out in paragraph 1,
plus specific criteria applying to individual types of direct payment as set out
in paragraphs 6 through 13. Where exemption from reduction is claimed for
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any existing or new type of direct payment other than those specified in
paragraphs 6 through 13, it shall conform to the criteria (b) through (e) in
paragraph 6, in addition to the general criteria set out in paragraph 1.
6. Decoupled income support
(a) Eligibility for such payments shall be determined by clearly-
defined criteria such as income, status as a producer or
landowner, factor use or production level in a defined and
fixed base period.
(b) The amount of such payments in any given year shall not be
related to, or based on, the type or volume of production
(including livestock units) undertaken by the producer in any
year after the base period.
(c) The amount of such payments in any given year shall not be
related to, or based on, the prices, domestic or international,
applying to any production undertaken in any year after the
base period.
(d) The amount of such payments in any given year shall not be
related to, or based on, the factors of production employed in
any year after the base period.
(e) No production shall be required in order to receive such payments.
7. Government financial participation in income insurance and income
safety-net programmes
(a) Eligibility for such payments shall be determined by an income
loss, taking into account only income derived from agriculture,
which exceeds 30% of average gross income or the equivalent
in net income terms (excluding any payments from the same or
similar schemes) in the preceding three-year period or a three-
year average based on the preceding five-year period,
excluding the highest and the lowest entry. Any producer
meeting this condition shall be eligible to receive the payments.
(b) The amount of such payments shall compensate for less than
70% of the producer’s income loss in the year the producer
becomes eligible to receive this assistance.
(c) The amount of any such payments shall relate solely to
income; it shall not relate to the type or volume of production
(including livestock units) livestock undertaken by the
producer; or to the prices, domestic or international, applying
to such production; or to the factors of production employed.
(d) Where a producer receives in the same year payments
pursuant to this paragraph and pursuant to paragraph 8 (relief
from natural disasters), the total of such payments shall be
less than 100% of the producer’s total loss.
Anti-Dumping and Countervailing Duties (Subsidies) Regulations
UNOFFICIAL VERSION
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8. Payments (made either directly or by way of a government financial
participation in crop insurance schemes) for relief from natural disasters
(a) Eligibility for such payments shall arise only following a
formal recognition by government authorities that a natural
or like disaster (including disease outbreaks, pest
infestations, nuclear accidents, and war on the territory of the
Member concerned) has occurred or is occurring; and shall
be determined by a production loss which exceeds 30% of
the average of production in the preceding three-year period
or a three-year average based on the preceding five-year
period, excluding the highest and lowest entry.
(b) Payments made following a disaster shall be applied only in
respect of losses of income, livestock (including payments in
connection with the veterinary treatment of animals, land or
other production factors) due to the natural disaster in question.
(c) Payments shall compensate for not more than the total cost
of replacing such losses and shall not require or specify the
type or quantity of future production.
(d) Payments made during a disaster shall not exceed the level
required to prevent or alleviate further loss as defined in
criterion (b).
(e) Where a producer receives in the same year payments pursuant
to this paragraph and pursuant to paragraph 7 (income
insurance and income safety-net programmes), the total of such
payments shall be less than 100% of the producer’s total loss.
9. Structural adjustment assistance provided through producer
retirement programmes
(a) Eligibility for such payments shall be determined by reference
to clearly-defined criteria in programmes designed to facilitate
the retirement of persons engaged in marketable agricultural
production, or their movement to non-agricultural activities.
(b) Payments shall be conditional upon the total and permanent
retirement of the recipients from marketable agricultural
production.
10. Structural adjustment assistance provided through resource retirement
programmes
(a) Eligibility for such payments shall be determined by
reference to clearly-defined criteria in programmes designed
to remove land or other resources, including livestock, from
marketable agricultural production.
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(b) Payments shall be conditional upon the retirement of land
from marketable agricultural production for a minimum of
three years, and in the case of livestock on its slaughter or
definitive permanent disposal.
(c) Payments shall not require or specify any alternative use for
such land or other resources which involves the production of
marketable agricultural products.
(d) Payments shall not be related to either type or quantity of
production or to the prices, domestic or international,
applying to production undertaken using the land or other
resources remaining in production.
11. Structural adjustment assistance provided through investment aids
(a) Eligibility for such payments shall be determined by
reference to clearly-defined criteria in government
programmes designed to assist the financial or physical
restructuring of a producer’s operations in response to
objectively demonstrated structural disadvantages.
Eligibility for such programmes may also be based on a
clearly-defined government programme for the
reprivatisation of agricultural land.
(b) The amount of such payments in any given year shall not be
related to, or based on the type or volume of production
(including livestock units) undertaken by the producer in any
year after the base period other than as provided for under
criterion (e).
(c) The amount of such payments in any given year shall not be
related to, or based on, the prices, domestic or international,
applying to any production undertaken in any year after the
base period.
(d) The payments shall be given only for the period of time
necessary for the realisation of the investment in respect of
which they are provided.
(e) The payments shall not mandate or in any way designate the
agricultural products to be produced by the recipients except
to require them not to produce a particular product.
(f) The payments shall be limited to the amount required to
compensate for the structural disadvantage.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Anti-Dumping and Countervailing Duties (Subsidies) Regulations
66 Chap. 78:05 Anti-Dumping and Countervailing Duties
LAWS OF TRINIDAD AND TOBAGO
12. Payments under environmental programmes
(a) Eligibility for such payments shall be determined as part of
a clearly-defined government environmental or conservation
programme and be dependent on the fulfilment of specific
conditions under the government, including conditions
related to production methods or inputs.
(b) The amount of payment shall be limited to the extra costs
or loss of income involved in complying with the
government programme.
13. Payments under regional assistance programmes
(a) Eligibility for such payments shall be limited to producers
in disadvantaged regions. Each such region must be a clearly
designated contiguous geographical area with a definable
economic and administrative identity, considered as
disadvantaged on the basis of neutral and objective criteria
clearly spelt out in a law or regulation and indicating that the
region’s difficulties arise out of more than temporary
circumstances.
(b) The amount of such payments in any given year shall not be
related to, or based on, the type or volume of production
(including livestock units) undertaken by the producer in any
year after the base period other than to reduce that
production.
(c) The amount of such payments in any given year shall not be
related to, or based on, the prices, domestic or international,
applying to any production undertaken in any year after the
base period.
(d) Payments shall be available only to producers in eligible
regions, but generally available to all producers within
such regions.
(e) Where related to production factors, payments shall be
made at a degressive rate above a threshold level of the
factor concerned.
(f) The payments shall be limited to the extra costs of loss of
income involved in undertaking agricultural production in
the prescribed area.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
