WORLD TRADE
ORGANIZATIONG/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
1 June 1999
(99-2200)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
TRINIDAD AND TOBAGO
Supplement
The following communication, dated 18 May 1999, has been received from the Permanent
Mission of Trinidad and Tobago.
_______________
With reference to Article 18.5 of the Agreement on the Implementation of Article VI of the
GATT 1994 and Article 32.6 of the Agreement on Subsidies and Countervailing Measures, the
Government of Trinidad and Tobago submits the enclosed laws and regulations relevant to the
Agreement:
- The Anti-Dumping and Countervailing Duties Act – No. 11 of 1992 – Legal Supplement
Part A to the "Trinidad and Tobago Gazette", Vol. 31, No. 237, 24 August 1992 (circulated
in document G/ADP/N/1/TTO/1/Corr.1- G/SCM/N/1/TTO/1 of 22 November 1995).
TABLE OF CONTENTS
Page
- Amended Anti-Dumping and Countervail ing Duties Act No. 23 of 1995 – Legal
Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 34, No. 202,
2 October 1995................................................................................................................. ........ 2
- The Anti-Dumping and Countervailing Duties Regulations, 1996 – Legal Notice
No. 25, Legal Supplement Part B – Vol. 35, No. 33, 22 February 1996. .............................. 17
- The Anti-Dumping and Countervailing Duties (Subsidies) Regulations, 1996 –
Legal Notice No. 26, Legal Supplement Part B – Vol. 35, No. 33, 22 February 1996.......... 25G/ADP/N/1/TTO/1/Suppl.1
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REPUBLIC OF TRINIDAD AND TOBAGO
ACT NO. 23 OF 1995
AN ACT to amend the Anti-Dumping and Countervailing Duties Act, 1992
[Assented to 28 September 1995 ]
Enactment ENACTED by the Parliament of Trinidad and Tobago as follows:
Short title 1. This Act may be cited as the Anti-Dumping and Countervailing Duties
(Amendment) Act, 1995.
Interpretation
Act No. 11 of 19922. In this Act, "the Act" means the Anti-Dumping and Countervailing Duties
Act, 1992.
Section 3 amended 3. Section 3 of the Act is amended:
(a) in subsection (1)
(i)  by deleting the definition of "industry" and substituting the
following definition:
"'industry' in relation to any goods, means such Trinidad and
Tobago producers of like goods whose collective output constitutes
at least 25 per cent of the Trinidad and Tobago production of suchlike 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 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 oralmost 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";
(ii)  in the definition of "interested person" by deleting:
(A)  in paragraph (a), the words ", purchases, sales";(B)  in paragraph (b), the words "purchase or sale";  and(C)  paragraph (d);G/ADP/N/1/TTO/1/Suppl.1
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(iii)  by deleting the definition of "margin of dumping" and
substituting the following definition:
"'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;";
(b) in subsection (2), by deleting the word "and" at the end of
paragraph (b) and deleting paragraph (c);
(c) by repealing subsection (3) and substituting the following
subsections:
"(3)  For the 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 thegranting 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 orliabilities;
(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 thingsdescribed 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 subsidized
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 likegoods.";
(d)  in subsection (4)(c), by deleting the words "in the opinion of the
Minister,";
(e)  in subsection (5), by deleting from the words "the Minister is
satisfied" to the word "that" occurring immediately after paragraph (d).
Section 5 amended 4.  Section 5 of the Act is amended:
(a)  in subsection (1) by deleting from the words ", he may" to the end
and substituting the words "and where such dumped imports cause
actionable injury, the Minister may, by Order, impose a duty to be known asG/ADP/N/1/TTO/1/Suppl.1
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anti-dumping duty, unless he considers that it would not be in the public
interest to do so.";
(b)  in subsection (2), by deleting from the words "to prevent the
material injury" to the end and substituting the words "to prevent dumping
but shall not exceed the margin of dumping.";
(c)  by inserting after subsection (2), the following subsection:
"(3)  Subject to section 10, anti-dumping duties shall be imposed
with prospective effect.".
Section 6 amended 5.  Section 6 of the Act is amended:
(a)  in subsection (1), by deleting from the words "material injury to an
industry" to the words "is being mate rially retarded" and substituting the
words "actionable injury is being caused";
(b)  in subsection (2), by deleting from the words "to prevent the
material injury" to the words "as the case may be" and substituting the words
"to prevent actionable injury being caused".
Section 7 amended 6.  Section 7 of the Act is amended by inserting after subsection (2), the
following subsection:
"(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.".
Section 7A inserted 7.  The Act is amended by inserting after section 7, the following section:
"Individual
dumping
margins7A.  (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 thesample and then determine the dumping margin of all the exporters, 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.G/ADP/N/1/TTO/1/Suppl.1
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(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 ofexporters, 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 returnedwithin the prescribed deadline.".
Section 8 repealed
and substituted8.  Section 8 of the Act is repealed and the following section is substituted:
"Non-
discriminatoryimposition of
duty8.  Any duty or provisional duty shall be non-discriminatory and
payable on all imports of goods found to be dumped, or subsidized,
and causing actionable injury, except that duties shall not be imposed
on imports from sources in respect of which undertakings have been
accepted.".
Section 10 amended 9.  Section 10 of the Act is amended:
(a)  in subsection (3), by inserting after the words "duty up to that
amount", the words "within ninety days of the notification";
(b)  by inserting after subsection (3), the following subsection:
"(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, thereference to duties in section 13(1)(b)(i) shall not include anti-
dumping duties.".
Section 12 amended 10.  Section 12 of the Act is amended:
(a)  in subsection (3)(b) by deleting from the words "export –" to the end
and substituting the words "export, such amount as the Minister determines
would be a reasonable amount for administrative, selling and general costs
and profit.";
(b)  by inserting after subsection (3), the following subsection:
"(3A)  In determining the amount re ferred 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 ofprofit actually realized by the exporter under investigation on
domestic sales of the like product, or where these are not available,
any of the following:G/ADP/N/1/TTO/1/Suppl.1
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(a)  the amount of administrative, selling and general
expenses actually incurred and the amount of profit actually
realized by the exporter under investigation in respect of the
production and domestic sales of the same general categoryof products;  or
(b)  the weighted average of the amounts of administrative,
selling and general expenses actually incurred and profit
actually realized by other exporters under investigation 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
realized by the exporters on domestic sales of products of
the same general category.";
(c)  in subsection (6)(c):
(i)  by deleting subparagraph (ii) and substituting the following
subparagraph:
"(ii)  such amount as the Minister determines would be a
reasonable amount for administrative, selling and general
costs and profit;";
(ii)  by deleting subparagraph (iii);
(d)  by inserting after subsection (6), the following subsection:
"(6A)  In determining the amount referred 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 realized 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
realized 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 actually incurred and profit
actually realized 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
realized by the producers in the third country on domestic
sales of products of the same general category.";G/ADP/N/1/TTO/1/Suppl.1
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(e)  in subsection (7):
(i)  in paragraph (a), by inserting after the word "trade", the
words ", preferably at the ex-factory level or as near to that level as
possible";
(ii) in paragraph (c), by inserting after the words "differences
which", the words "are demonstrated";
(f)  by inserting after subsection (7), the following subsection:
"(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.";
(g)  in subsection (9), by inserting after the words "be so ascertain", the
words ", 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";
(h)  by inserting after subsection (10), the following subsection:
"10(A) 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 investigationperiod.";
(i)  by repealing subsection (11).
Section 13 amended 11.  Section 13 of the Act is amended:
(a)  in subsection (1):
(i)  by deleting the words "shall be –" and substituting the words
"shall be determined in accordance with the following:";
(ii)  in paragraph (a), by inserting after the words "arm's length
transaction,", the words "the export price shall be";G/ADP/N/1/TTO/1/Suppl.1
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(iii)  in paragraph (b), by inserting after the words "who is not an
associate of the importer,", the words "the export price may,
notwithstanding paragraph (a), be determined as";
(b)  in subsection (2) by deleting the comma at the end of paragraph (b)
and substituting the words ";  or" and by inserting after paragraph (b), the
following paragraph:
"(c)  the goods are not resold in the condition as imported,".
Section 13A
inserted12.  The Act is amended by inserting after section 13, the following section:
"Determination
of margin of
dumping13(A)  (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 tosignificant 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 theweighted 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.".
Section 14 repealed
and substituted13.  Section 14 of the Act is repealed and the following section is substituted:
"Power of
Minister to
make
determinationson available
facts14.  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 thebasis of the facts available.".
Section 14A
inserted14.  The Act is amended by inserting after section 14, the following section:
"Calculation of
costs14(A)  (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)  Not withstanding subsection (1), where an exporter is able to prove
that:G/ADP/N/1/TTO/1/Suppl.1
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(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;
(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 shal l 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.
Section 18 amended 15.  Section 18 of the Act is amended:
(a)  in subsection (1), by deleting the words "producers in Trinidad and
Tobago of like goods" and substituting the words "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 notaccount for more production of the like goods in Trinidad and Tobago than
do the members if 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";
(b)  in subsection (2), by deleting the words "shall be in a form approved
by the Authority and";
(c)  by inserting after subsection (3), the following subsection:
"(3A)  The investigation of dumping or subsidization shall normally
cover a period of not less than six calendar months immediately
prior to the initiation of the investigation.";
(d)  in subsection (5), by deleting paragraphs (b) and (c) and substituting
the following paragraphs:
"(b)  actionable injury;  and(c)  a causal link between such imports and the alleged actionable
injury.";
(e)  by inserting after subsection (5), the following subsection:G/ADP/N/1/TTO/1/Suppl.1
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"(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.".
Section 18A
inserted 16.  The Act is amended by inserting after section 18, the following section:
"Regional cases 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 dumpedprices 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 areaconcerned 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.".
Section 19 amended 17.  Section 19 of the Act is amended:
(a)  by renumbering the section as section 19(1) and:
(i)  by inserting after the word "opportunity", the words "throughout
the investigation";
(ii)  in paragraph (a), by deleting the words ", and, to present such
evidence orally";
(b)  by inserting after subsection (1) as renumbered, the following
subsections:
"(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.
(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'scase.
(4)  Industrial users of the product under investigation, and
where the product is commonly sold at the retail level,G/ADP/N/1/TTO/1/Suppl.1
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representative organizations shall not be interested persons but shall
be entitled to submit to the Authority information which is relevant
to the investigation of dumping, subsidization, injury and the causal
link between injury and dumping or subsidization.
(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.".
Section 19A
inserted18.  The Act is amended by inserting after section 19, the following section:
"Requests as to
essential facts19A. (1)  Exporters, foreign producers and importers of the product
subject to investigation, and in the case of subsidization, therepresentatives 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 tosection 26.".
Section 23 amended 19.  Section 23 of the Act is amended:
(a)  by repealing subsection (1) and substituting the following
subsection:
"(1)  An investigation shall be terminated pursuant to this section,
section 26 or section 28.";
(b)  in subsection (2):
(i)  by inserting after the word "Where", the words ", upon the
recommendation of the Authority,";
(ii)  by deleting from the words "or the Authority," to the words "is
made by the Minister,";
(c)  by repealing subsection (5) and substituting the following
subsections:G/ADP/N/1/TTO/1/Suppl.1
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"(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 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
subsidization 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 isnegligible.
(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 intoTrinidad 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 a ll imports into Trinidad and Tobago
of the like product collectively account for more than seven per cent
of such imports.".
Section 25 amended 20.  Section 25 of the Act is amended:
(a)  in subsection (1), by inserting after the words "with section 31", the
words ", provided that no such direction shall take effect less than sixty daysafter the date of initiation";
(b)  by repealing subsection (2) and substituting the following
subsection:
"(2)  The rate or amount of such duty to be paid or secured shall
not exceed the dumping margin or the amount of subsidization, asthe case may be, which has been determined by the Minister under
section 24.";
(c)  in subsection (3):
(i)  in paragraph (a), by deleting the word "higher" and
substituting the word "lower";  and
(ii)  in paragraph (b), by deleting the word "lower" and
substituting the word "higher".G/ADP/N/1/TTO/1/Suppl.1
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Section 26 amended 21.  Section 26 of the Act is amended:
(a)  by repealing subsection (1) and substituting the following
subsections:
"(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 laterthan 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.";
(b)  by inserting after subsection (2), the following subsection:
"(3)  Notwithstanding any other provision of this Act, the final
determination shall be made no more than eighteen months after thedate of initiation of the investigation.".
Section 28 amended 22.  Section 28 of the Act is amended:
(a)  in subsection (1), by deleting from the words "or threatening" to the
end and substituting the words "actionable injury.";
(b)  by inserting after subsection (1), the following subsections:
"(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 publicpolicy, 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 theconsideration of that person's case.";
(c)  by repealing subsection (2) and substituting the following
subsection:G/ADP/N/1/TTO/1/Suppl.1
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"(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.";
(d)  by repealing subsections (7) and (8).
Section 29 repealed
and substituted 23.  Section 29 of the Act is repealed and the following sections are substituted:
"Review of
imposition ofduties29. (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 arecommendation 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 suchinitiation shall not affect the duties in force.
(4) Where warranted by the review, the Minister may amend or revoke
the Order imposing the duty, except that th e duty shall be maintained or confirmed
to the extent necessary to counteract the injurious effects of dumping orsubsidization.
(5)  Subsections (1) to (4) shall apply to price undertakings as though
references to duties included references to price undertakings.
Duration of duties 29A. (1)  Subject to this section, duties sh all 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 shal l 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.G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 15
(7)  Subsections (1) to (6) shall apply to price undertakings as though
reference to duties included references to price undertakings.
Newcomer review 29B. (1)  Where a person satisfies the Authority that, in relation to a product whichis 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;
(b)  it is not an associate of any person whose products are subject 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 investig ation 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).".
Section 30 amended 24.  Section 30(3) of the Act is amended by inserting after the words "the date of
the provisional direction", the words "except than an anti-dumping duty shall not be
imposed with retroactive effect prior to the date of initiation of the investigation".
Section 34 amended 25.  Section 34(2) of the Act is amended:
(a)  by deleting the word "and" at the end of paragraph (g);(b)  by deleting the fullstop at the end of paragraph (h) and substituting a
semi-colon;  and
(c)  by inserting after paragraph (h), the following paragraph:G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 16
"(i)  the countervailability and non-countervailability of
subsidies and the calculation of the amount of countervailable
subsidies.".
Passed in the Senate this 18th day of July 1995.
D. DOLLY
Acting Clerk of the Senate
Passed in the House of Representatives this 13th day of September 1995.
J. SAMPSON
Clerk of the HouseG/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 17
LEGAL SUPPLEMENT PART B – VOL.35, NO. 33 – 22 FEBRUARY 1996
LEGAL NOTICE NO. 25
REPUBLIC OF TRINIDAD AND TOBAGO
THE ANTI-DUMPING AND COUNTERVAILING DUTIES ACT 1992
REGULATIONS
Made by the Minister of Trade and Industry under Section 34 of the
Anti-Dumping and Countervailing Duties Act
THE ANTI-DUMPING AND COUNTERVAILING DUTIES
REGULATIONS 1996
Citation
Complaints1. These Regulations may be cited as the Anti-Dumping and Countervailing
Duties Regulations 1996.
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 subsidized
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;G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 18
Preliminary
hearing
Notice of
initiation ofinvestigation(j) evidence of dumping or subsidization 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 subsidized
imports.
(2) Documents on which the complainant replies to make the
complaint shall be furnished with the complaint.
(3) Where the Authority receives a written complaint respecting the
dumped or subsidized 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 subsidized 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.
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;G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 19
Questionnaire
Investigation in the
territory of other
countries
Joining
investigations
Expert evidence(b) the date of the initiation of the investigation;
(c) the basis on which dumping or subsidization 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 fitin 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.
(2) The Authority may carry out an investigation at the premises of a
commercial organization situated in the territory of another country or may examine
its records if such organization agrees, and if the country, in whose territory thecommercial organization 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.G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 20
Provision of
evidence to
Authority9. (1) Where –
(a) in an investigation respecting the dumping or subsidizing 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 Trinidadand 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 accordancewith 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 isnot 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 orG/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 21
Finding of
actionable injuryafter the expiration of that time, extend th e time within which the evidence is to be
provided.
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 subsidized imports as assessed in
absolute terms or relative to production or consumption in
Trinidad and Tobago;
(b) the effect of dumped or subsidized imports on prices shall be
assessed by reference to –
(i) whether there has been significant price undercutting by
the dumped or subsidized imports as compared with theprice 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 subsidized 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 may be deemed to be an effect of imports
from each of the countries subject to investigation where the following conditionsare 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(5A) 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.G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 22
Findings to be
given on evidence
available(3) The effect of dumped or subsidized 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 ofthat production is not possible, the effects of the dumped or subsidized 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 suchdetermination the Authority shall take into consideration such factors as:
(a) the rate of increase of dumped or subsidized 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;
(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 subsidized, contraction in demand, or changes in the
patterns of consumption, trade restrictive practices of and competition between theforeign 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
subsidized 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 subsidized imports
into an isolated market;  and
(b) the dumped or subsidized imports are causing actionable injury
to the producers of all 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 theG/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 23
Preliminary
findings
Final findinginformation 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.
(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 subsidization 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.G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 24
Dated this 30th day of January 1996.
M. ASSAM
Minister of Trade and Industry
Laid in the House of Representatives this 16th day of February 1996.
     J. SAMPSON
Clerk of the House
Laid in the Senate this 6th day of February 1996.
         N. COX
Clerk of the SenateG/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 25
LEGAL SUPPLEMENT PART B – VOL. 35, NO. 33 – 22 FEBRUARY 1996
LEGAL NOTICE NO. 26
REPUBLIC OF TRINIDAD AND TOBAGO
THE ANTI-DUMPING AND COUNTERVAILING DUTIES ACT 1992
REGULATIONS
Made by the Minister of Trade and Industry under Section 34 of the
Anti-Dumping and Countervailing Duties Act
THE ANTI-DUMPING AND COUNTERVAILING DUTIES
(SUBSIDIES) REGULATIONS 1996
Citation
Interpretation1. These Regulations may be cited as the Anti-Dumping and Countervailing
Duties (Subsidies) Regulations 1996.
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 significantimprovement 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;G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 26
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 involv ing 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 purpose 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.
(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 exercized 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;G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 27
Deemed
specificity
Evidence of
specificity
Non-countervailable
subsidies
Schedule
Research
subsidies(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
(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 75 per cent
of the costs of industrial research or 50 per cent of the costs of pre-competitiveG/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 28
Subsidies to
disadvantaged
regionsdevelopment 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, technicalknowledge and patents;
(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-countervailablesubsidy 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 tocountervailing 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 on a combination, or at least one, of the
following factors:G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 29
Regional
subsidy
programmes
Subsidies for
adaptation of
existing
facilities(i) one of either income per capita or household income per
capita, or gross domestic product per capita, which shall not
be above 80 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 110 per cent of
the average for the territory of the country of origin or
country of export concerned,
as measures over a 3 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
subsidized 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 enterprises, shall not be subject to countervailing
measures, provided that the subsidy –
(a) is a one-time non-recurring measure;(b) is limited to 20 per cent of the cost of adaptation;
(c) does not cover the cost of replacing and operating the subsidized
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 manufacturingcost savings which may be achieved;  and
(e) is available to all firms and enterprises which can adopt the new
equipment or production processes.G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 30
Calculation of
amount ofcountervailable
subsidy12. (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 subsidization.
(2) The investigation period for subsidization 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 thefirm or enterprise receiving the loan pays on the government loan
and the amount that the firm or enterprise would 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 thedifference between the two amount s 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 unlessthe 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 subsidized product exported to Trinidad and
Tobago;G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 31
(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 To bago specifically intended to
offset the subsidy,
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 subsidization;
(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 concernedand 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.
SCHEDULE
[Regulation 7(c)]
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 followingbasic criteria:
(a) the support in question shall be provided through a publicly-funded government
programme (including government revenue foregone) not involving transfers fromconsumers;  andG/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 32
(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 (o r 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 th e 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 standardization 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 benefitto purchasers;  and
(g) infrastructural services, including electricity, reticulation, roads and other means of
transport, market and port facilities, water supply facilities, dams and drainage schemes,and infrastructural works associated with environmental programmes.  In all cases theexpenditure shall be directed to the provision or construction of capital works only, and
shall exclude the subsidized provision of on-farm facilities other than for the reticulation
of generally available public utilities.  It shall not include subsidies  to inputs or operatingcosts, 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 inquestion.
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 f ood 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 provisionof means to allow eligible recipients to buy food either at market or at subsidized prices.  Food
purchases by the government shall be made at current market prices and the financing and
administration of the aid shall be transparent.G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
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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 inparagraphs 6 through 13.  Where exemption from reduction is claimed for any existing or new type ofdirect 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 dete rmined by clearly-defined criteria such as
income status as a producer or landowner, factor use or production level in a defined andfixed 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 inany 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 afterthe base period.
(d) The amount of such payments in any given years 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 in surance and income safety-net programmes
(a) Eligibility for such payments shall be determined by an income loss, taking into acc ount
only income derived from agriculture, which exceeds 30 per cent 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 pr oducer
meeting this condition shall be eligible to receive the payments.
(b) The amount of such payments shall compensate for less than 70 per cent 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 theproducer;  or to the prices, domestic or international, applying to such production;  or tothe 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 beless than 100 per cent of the producer's total loss.
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, pestinfestations, nuclear accidents, and war on the territory of the Member concerned) hasoccurred or is occurring;  and shall be determined by a production loss which ex ceeds
30 per cent 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.G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
Page 34
(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 10 0 per cent of the producer's total loss.
9. Structural adjustment assistance provided through producer retirement programmes
(a) Eligibility for such payments shall be determ ined by reference to clearly defined criteria
in programmes designed to facilitate the retirement of persons engaged in marketableagricultural 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 determ ined by reference to clearly defined criteria
in programmes designed to remove land or other resources, including livestock, from
marketable agricultural production.
(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 ordefinitive 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 otherresources remaining in production.
11. Structural adjustment assistance provided through investment aids
(a) Eligibility for such payments shall be determ ined 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 governmentprogramme for the reprivatization 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 inany 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 afterthe base period.
(d) The payments shall be given only for the period of time necessary for the realization 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.G/ADP/N/1/TTO/1/Suppl.1
G/SCM/N/1/TTO/1/Suppl.1
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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 arts with adefinable economic and administrative identity, considered as disadvantaged on the basisof 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.
Dated this 30th day of January 1996.
         M. ASSAM
Minister of Trade and Industry
Laid in the House of Representatives this 16th day of February 1996.
     J. SAMPSON
 Clerk of the House
Laid in the Senate this 6th day of February 1996.
         N. COX
Clerk of the Senate
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