WORLD TRADE  
ORGANIZATION  G/ADP/Q1/TTO/2 
G/SCM/Q1/TTO/2 9 June 2006 
 
 
(06-2763) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions posed by AUSTRALIA
1;  HONG KONG, CHINA2; 
INDIA3;  KOREA, REP. OF4;  and the UNITED STATES5 
Regarding the Notification of TRINIDAD AND TOBAGO6 
   The following communication, dated 14 September 2005, is being circulated at the request of 
the Delegation of Trinidad and Tobago. 
 
_______________ 
 
 Replies to AUSTRALIA (G/ADP/W/215-G/SCM/W/225 of 28 November 1995
) 
 
Q1. Does Trinidad and Tobago intend either to amend its legislation or to supplement it with 
regulations in order to introduce the detaile d requirements of the WTO anti-dumping and 
countervailing duty texts?  
 Reply
 
  The Act to amend the Anti-Dumping and Count ervailing Duties Act, 1992 was passed in the 
Senate on 18 July 1995 and in the House of Representatives on 13 September 1995.  The amended 
Act No. 23 of 1995 was enacted on 28 September 1995.
7  The Anti-Dumping and Countervailing 
Duties Regulations, 1996 and the Anti-Dumping an d Countervailing Duties (Subsidies) Regulations, 
1996 were enacted on 22 February 1996.8  
  The amendments were enacted to introdu ce the detailed requirements of the WTO anti-
dumping and countervailing duty texts.  Q2. Are additional details on issues such as in jury determination and standing for initiation 
already set out in the regulations referred to in Section 34?  Will Trinidad and Tobago be notifying the regulations made under Section 34 to the Committees? 
                                                     
 
1 G/ADP/W/215-G/SCM/W/225 (28 November 1995) 
2 G/ADP/W/182-G/SCM/W/189 (16 November 1995) 
3 G/ADP/W/238-G/SCM/W/2 48 (4 December 1995) 
4 G/ADP/W/174-G/SCM/W/181 (14 November 1995) 
5 G/ADP/W/205-G/SCM/W/214 (20 November 1995) and G/ADP/W/215/Suppl.1-
G/SCM/W/225/Suppl.1 (28 November 1995) 
6 G/ADP/N/1/TTO/1-G/SCM/N/1/TT O/1 and G/ADP/N/1/TTO/1/Corr.1 
7 Circulated in G/ADP/N/1/TTO/1/ Suppl.1-G/SCM/N/1/TTO/1/Suppl.1 
8 Circulated in G/ADP/N/1/TTO/1/ Suppl.1-G/SCM/N/1/TTO/1/Suppl.1 G/ADP/Q1/TTO/2 
G/SCM/Q1/TTO/2 Page 2 
 
 
   
Reply
 
  The Anti-Dumping and Countervailing Duties Regul ations, 1996 include details on the issue 
of injury determination at regulation 10.  The ma tter of standing for initiation is dealt with in 
sections 3 and 18(1) of the Anti-Dumping Act.  The said regulations were circulated to Members in 
document G/ADP/N/1/TTO/1/Suppl.1-G/SCM/N/1/TTO/1/Suppl.1.  
Q3. Would it be possible under paragraph 3(2)(b)(i) (page 5) for goods being imported into 
Trinidad and Tobago to be regarded as being dum ped and a duty imposed on the basis that the 
goods were being dumped in the country of export regardless of the export price to Trinidad 
and Tobago? 
 
Reply
 
 
 Section 3(2) of the Act states:  "For the pur pose of this Act imported goods shall be regarded 
as having been dumped –  (a) if the export price from the country in whic h 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." 
  According to this section, it will be possibl e for goods being imported into Trinidad and 
Tobago to be regarded as being dumped and a dut y imposed on the basis that the goods were being 
dumped in the country of export regardless of  the export price to Trinidad and Tobago. 
  Replies to HONG KONG, CHINA (G/ADP/W/182-G/SCM/W/189 of 16 November 1995
) 
 
Q1. Trinidad and Tobago's notification contains the Anti-dumping and Countervailing 
Duties Act 1992 assented to in 1992, prior to the signing of the WTO Agreement in April 1994.  
Apparently numerous provisions of the WTO A-D Ag reement are not featured in the legislation 
and some provisions in the legislation may be at odds with the WTO provisions.  
(a) What is the legal status of the WTO A- D Agreement in Trinidad and Tobago?  Does it 
have the force of law?  If a provision of the domestic legislation is in conflict with the Agreement, which will take precedence? 
 
Reply
 
 
The WTO A-D Agreement has no legal status in Trin idad and Tobago.  However, the Trinidad and 
Tobago Anti-dumping Legislation is based on the WT O A-D Agreement.  A provision of domestic 
legislation that is in conflict with the Agreemen t would necessarily be in conflict with the domestic 
anti-dumping legislation.  If the conflict is unintenti onal then the issue of pr ecedence will depend on  G/ADP/Q1/TTO/2 
 G/SCM/Q1/TTO/2 
 Page 3 
 
 
  which of the following principles prevails in litigati on of that issue:  the implied repeal of earlier 
legislation or an earlier legislative provision by late r legislation or a later legislative provision that 
conflicts with it OR the international law principle of pacta sunt servanda . 
 (b) Are A-D officials required, legally or oth erwise, to abide by the A-D Agreement in the 
conduct of A-D proceedings, or to consul t the A-D Agreement, for example on the 
interpretation of domestic legislation? 
 
Reply
 
 
 The amended Anti-Dumping and Countervailing Duties Act No. 23 of 1995 conforms to the 
WTO A-D Agreement, therefore the Trinidad an d Tobago A-D officials are guided by both the 
domestic legislation and regulations and the A- D Agreement in the conduct of A-D proceedings. 
 
(c) What steps has Trinidad and Tobago taken,  and what further steps will it take, to 
ensure the conformity of its laws, regulati ons and administrative procedures with the 
provisions of the WTO A-D Agreement, in accordance with Article 18.4?   
 
Reply  
 
 In order to conform with the WTO A-D Agre ement, Trinidad and Tobago amended its Anti-
dumping and Countervailing Duties Act No. 11 of 1993 by Act No. 23 of 1995 (the amended Act) and 
enacted accompanying Regulations:  the Anti-Dumping and Countervailing Duties Regulations, 1966 (the Regulations).  Currently, add itional amendments are being prepared to ensure that areas of minor 
deviation in the domestic anti-dumping legislation are rectified. 
 
(d) How will Trinidad and Tobago ensure comp liance with the provisions of the WTO A-D 
Agreement before its laws are brought in to total conformity with the WTO A-D 
Agreement?   
 
Reply
 
 
 The Trinidad and Tobago Anti-Dumping Au thority did not commence operation until the 
amended Act and accompanying Regulations were enforced.  
(e) If Trinidad and Tobago is contemplating ad option of new legislation in due course, what 
is the intended purpose and coverage?  What  is the time table of the enactment? 
 
Reply
 
  The Act to amend the Anti-dumping and C ountervailing Duties Act, 1992 was passed in the 
Senate on 18 July 1995 and in the House of Representatives on 13 September 1995.  The amended 
Act No. 23 of 1995 was assented to 28 September 1995. 
 
Q2. Section 34(1) enables the Minister to make Regulations for the Act. 
  Have any Regulations been made under section 34(1) but not yet notified to the WTO 
Committee on Anti-Dumping Practices ?  If so, when do the Trinidad and Tobago authorities 
intend to notify them to the Committee in acco rdance with their obligation under Article 18.5 of 
the WTO A-D Agreement?  
 G/ADP/Q1/TTO/2 
G/SCM/Q1/TTO/2 Page 4 
 
 
  Reply
 
  The Anti-Dumping and Countervailing Duties Regulations, 1996 and the Anti-Dumping and 
Countervailing (Subsidies) Regula tions, 1996 were enacted on 22 February 1996.  The relevant 
Committees were notified in document G/ADP /N/1/TTO/Suppl.1-G/SCM/N/1/TTO/Suppl.1. 
 
Q3. What judicial review procedures has Trinid ad and Tobago put in place in observance of 
its obligations under Article 13 of the WTO A-D Agreement? 
 Reply
 
  A party that wishes to seek redress against a decision of the anti-dumping authority can apply to the High Court under the Orders and Rules of the Supreme Court of Trinidad and Tobago for 
orders of mandamus, prohibition or certiorari. 
 
Q4. What is Trinidad and Tobago's policy and law for the implementation of WTO Panel 
Reports? 
 
Reply
 
 
 There is no domestic law that requires the impl ementation of WTO Panel reports.  However, 
the Anti-Dumping Authority of Trinidad and Toba go recognizes the valuable contribution that Panel 
Reports make to the interpretation of the WTO Agreem ents and therefore, as a matter of practice, it 
strives to ensure that its anti-dumping investiga tions conform to the standards and procedures 
identified as proper in the Panel Reports. 
 
Q5. Section 15(1)(b) and (c) provides for the ad  valorem criteria for determination of the 
country in which goods are originated.  Under pa ragraph (c), the country producing only parts 
and components might be taken as the country in  which goods are originated.   Section 3(2)(b)(i) 
defines dumping with reference to the export pr ice and the normal value regarding the country 
in which goods are originated. 
 
(a) Suppose dumping has been found in respect of goods produced in country X and A-D 
duties have been imposed.  And suppose Co untry Y sourced parts and components from 
Country X and produced like products.  Under sections 15(1)(c) and 3(2)(b)(i), would it 
be possible to treat like products produced in  Country Y as originating in Country X?  
If yes, would it be possible to subject Co untry Y to the same A-D duties as Country X 
without full-fledged investigations pursuan t to procedures prescribed in the WTO A-D 
Agreement on the export price and the norm al value regarding Country Y and proof of 
dumping, injury and causal link?  
 
(b) Also using the example in (a) above, would it be possible, according to the Act and in 
particular the articles referred to above, to extend duties on the product in question to 
its parts and components im ported into Trinidad and Tobago also from country X 
without full-fledged investigations pursuan t to procedures prescribed in the WTO A-D 
Agreement on dumping, injury and causalit y in respect of the parts and components 
themselves? 
 
    G/ADP/Q1/TTO/2 
 G/SCM/Q1/TTO/2 
 Page 5 
 
 
  (c) If the answer to the second question of (a) and/or the question at (b) are in the 
affirmative, how would Trinidad and Tob ago reconcile sections 15(1)(c) and 3(2)(b)(i) 
with its obligations under the WTO A-D Agr eement particularly in the light of the 
concept of  "like product" in Article 2.6?  Does Trinidad and Tobago anticipate 
amendment in the light of its obligations under the WTO A-D Agreement?  
 
Reply  
 (a) Under section 15(i)(c) of the domestic Act, if  some stage in the production of any components 
or materials incorporated in the goods was carried out in country X and the cost of carrying 
out such stages in production as were carried out after the components or materials last left 
the country to convert those components or mate rials into the goods as imported in Trinidad 
and Tobago was less than 25 per cent of the cost of production of the goods as so imported, then those goods produced in country Y from su ch parts and components would be treated as 
originating in country X. 
  Under section 3(2)(b)(i) of the domestic Act, if  the export price of goods from country X is 
less than the normal value of those goods in c ountry X then under this section of the Act as 
currently constituted, the goods from country Y will be treated as dumped.  Trinidad and 
Tobago recognizes that section 3(2)(b) of the domestic Act is different from Article 2.5 of the 
WTO A-D Agreement. which deals with the issue of comparing export prices and normal 
values when the country of origin and the count ry of export are not one and the same.  This 
area of the Act is being reviewed for compliance with the WTO A-D Agreement. 
  In view of the above, before imposing A-D duties, the anti-Dumping Authority would launch 
a full investigation in response to a complaint of dumping in relation to a like product from 
country Y that would have to be taken into  account when determining the existence of a 
dumping margin. 
 (b) The Anti-Dumping Authority will conduct inv estigations before imposing A-D duties on the 
parts and components of the product in question, which attracted A-D duties. 
 
(c) The response to the second question of (a) and the question at (b) are not in the affirmative.  
Q6. Article 3(2)(b) defines dumping when the count ry of origin and country of export of the 
imports concerned are different.  That Arti cle further provides that dumping could be 
determined on the basis of the export price and normal value of either the country of origin or 
country of export.  Article 2.5 of the WT O A-D Agreement provides guidance for such 
situations.  Specifically, it provides that data of export country should normally
 be used when 
finding dumping and gives examples in which depa rture from such practice might be justified 
(such as mere transhipment). Article 3(2)(b) or  elsewhere in the Act however appears not to 
have specified the conditions under which which set of data should be used and thereby seems to 
have given the discretion to the investigating authorities.  How would Trinidad and Tobago 
ensure that their obligations under Article 2.5 of the Agreement are fulfilled? 
 
Reply  
 
 As indicated above, in response to questio n 5, Trinidad and Tobago confirms that 
section 3(2)(b) of the domestic Act is being review ed for compliance with the WTO A-D Agreement. 
   G/ADP/Q1/TTO/2 
G/SCM/Q1/TTO/2 Page 6 
 
 
  Replies to INDIA (G/ADP/W/238-G/SCM/W/248 of 4 December 1995
) 
 
Q1. It may be clarified whether any Regulations, referred to in Section 34 of the Act have 
been notified and whether a copy of the same will be supplied to Member countries. 
 
Reply  
  The Anti-Dumping and Countervailing Duties Regulations, 1996 and the Anti-Dumping and 
Countervailing Duties (Subsidies) Regulations, 1996  were enacted on 22 February 1996.  The said 
regulations are attached for ease of reference.  The Regulations were no tified to the relevant 
Committees in document G/ADP/N/1/TTO/1 /Suppl.1-G/SCM/N/1/TTO/1/Suppl.1. 
 
Q2. It may be clarified whether investigations in the territory of other Members are 
permitted under the Act, and if so, under which provisions? 
 
Reply
 
  Under Regulation 6 of the Regulations, investig ations in the territory of other Members are 
permitted.  The Section states:  
 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 obj ect to the investigation. 
  6.(2) The Authority may carry out an investigation at the premises of a commercial 
organization situated in the territory of a nother country or may examine its records if 
such organization agrees, and if the country, in whose territory the commercial organization is situated, is notified and raises no objection to the conduct of such 
investigation or examination of records." 
 
Q3. It may be clarified whether provisions ex ist in the Laws of Trinidad and Tobago for 
consultations with Member countries as provided for in Article 17 of the Anti-Dumping 
Agreement and Articles 4, 7, 8 and 13 of the Agreement on Subsidies and Countervailing 
Measures. 
 
Reply
 
 
 The Act is silent on consultations with Member  countries.  Trinidad and Tobago is guided by 
the WTO Anti-Dumping Agreement and the Agre ement on Subsidies and Countervailing Measures 
regarding consultations.  
Q4. Part IV of the Agreement on Subsidi es and Countervailing Meas ures describes certain 
non-actionable subsidies.  This part is not refle cted in the Legislation.  It may be clarified 
whether subsidies described in Part IV of the Ag reement will attract investigations in Trinidad 
and Tobago?  
 
Reply
 
 
 The Anti-Dumping and Countervailing Duties (S ubsidies) Regulations, 1996 address the issue 
of non-actionable subsidies.  Regulations 7, 8, 9, 10 and 11 are pertinent.    G/ADP/Q1/TTO/2 
 G/SCM/Q1/TTO/2 
 Page 7 
 
 
  Q5. Under Article 7.4 of the Anti-Dumping Agreement, the application of provisional 
measures is limited to a period not exceeding four months, extendable up to six months upon 
request by the exporters representing a significant percentage of the trade involved.  Section 10(4) does not reflect these provisions fully.  It may be clarified whether, unless 
exporters represent otherwise, provisional meas ures shall be limited to four months. 
 
Reply
 
  The domestic Anti-Dumping Act was amended in 1995 to include at section 26(1A) the 
limitation to 4 months for the application of provi sional measures.  That amendment was notified to 
the relevant Committees in document G/ADP/N /1/TTO/1/Suppl.1-G/SCM/N/1/TTO/1/Suppl.1. 
 Replies to KOREA, REP. OF (G/ADP/W/174-G/SCM/W/181 of 14 November 1995
) 
 Q1(a) In cases where there are no relevant provisi ons in the domestic legislation, does the 
WTO Agreement apply? 
 
Reply
 
  No.  Trinidad and Tobago has a dualist system.  This means that international Agreements 
such as the WTO Anti-Dumping Agreement would only have the force of law in Trinidad and Tobago 
if it has been enacted in domestic legislation.  
(b) If the  provisions of  the existing do mestic legislation do not conform to the WTO 
Agreement, do the provisions of the WTO Agreement apply? 
 Reply
 
  The existing domestic legislation takes precedent in this instance.  
Q2. With respect to the standing of domestic pr oducers to file anti-dumping complaints with 
the relevant authority, paragraph 5.4 of Article VI of the GATT 1994 clarifies that "... the 
application has been made by or on behalf of the domestic industry  ... if it is supported by those 
domestic producers whose collective output cons titutes more than 50 per cent of the total 
production of the like product by that portio n of the domestic industry expressing either 
support for or opposition to the application."  However, cases may not be initiated if the group 
of domestic producers applying for relief agai nst dumped imports collectively accounts for 
25 percent of total domestic output of the like product.   On the other hand, Article 18.(1) of the Act No. 11 of 1992 merely says, "The Authority may initiate an investigation ... on receipt of a co mplaint in writing by or on behalf of producers 
in Trinidad and Tobago of like goods", and, unlike the GATT provision, there's no mention of 
specific standing rules about domestic industry in the Act.  
 
(a) Are there any requirements for standing to  file anti-dumping petitions by domestic 
producers in other regulations, if any, related to anti-dumping? 
 Reply
 
  In the amended Anti-Dumping and Countervailing Duties Act No. 23 of 1995 (the amended Act), Section 3, the definition of "industry" is as follows:  in relation to any goods, means such G/ADP/Q1/TTO/2 
G/SCM/Q1/TTO/2 Page 8 
 
 
  Trinidad and Tobago producers of like goods whose collective output constitutes at least 25 per cent 
of the Trinidad and Tobago production of such like goods, except that –    (i) where certain Trinidad and Tobago pr oducers of like goods are associates of the 
exporters or importers or are themselves impor ters of the relevant goods, the Minister 
may make a determination that such produ cers shall not be taken into account in 
applying the foregoing definition;  and 
  (ii) Trinidad and Tobago may, for the production in question, be divided into two 
competitive markets and all or almost a ll the producers within one such market 
regarded as the  industry, if the producers w ithin such market sell all or almost all 
their production of the goods in question in th at 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." 
 
 Section 18(1) of the amended Act No. 11 of 1992 states ads follows: 
  "The Authority may initiate an investigation ... on receipt of a complaint in writing by or on 
behalf of producers in Trinidad and Tobago of  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 goo ds in Trinidad and Tobago than do the 
member, 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) Otherwise, what is Trinidad and Tobago's position on this matter?  
Reply
 
 
 Trinidad and Tobago's A-D legislation conforms  to the relevant provisions of the WTO A-D 
Agreement. 
 
Q.3. Paragraph 5.8 of Article VI of the GATT 1994 stipulates that "There shall be immediate 
termination in cases where the authorities de termine that the margin of dumping is de minimis , 
or that the volume of dumped imports, actual or potential, or the injury, is negligible.  The 
margin of dumping shall be considered to be de minimis  if this margin is less than 2 per cent, ... 
The volume of dumped imports shall normally be  regarded as negligible if the volume of 
dumped imports ... is found ot account for less than 3 per cent of the like product in the 
importing country."   However, Article 23(5) (b) of the Act No. 11 only provides that "(5) The authority may, in his discretion, suspend or terminate an investigation (b) where the margin of dumping of ... 
or the actual or potential volume of dumped goods is negligible" and no principles relating to 
the negligible dumping margin or dumped imports are found in the Act. 
 (a) In this connection, what criteria do you u se when judging negligible margin of dumping 
or dumped imports? 
 Reply
 
  Trinidad and Tobago's A-D legislation was amended to provide the following at 
Section 23(6), (7) and (8):  G/ADP/Q1/TTO/2 
 G/SCM/Q1/TTO/2 
 Page 9 
 
 
   (6) "The Minister shall direct that the inv estigation 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 inves tigation 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 impor ts, 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." 
 
(b) The provision that "the authority may, in his discretion, suspend or terminate an 
investigation ... " gives us nuances of discretion which the authority may not terminate 
an investigation, as the case may be, where  margin of dumping or dumped imports are 
found to be minimal. 
  This seems somewhat incompatible with th e GATT provision which makes it mandatory 
for authorities to end an investigation in su ch cases as de minimis.  How do Trinidad 
and Tobago interpret the provision in question? 
 
Reply
 
 Section 23 of the amended Act conforms to the GATT provision on terminating investigations in 
cases of de minimis. 
 
Q4.  Under paragraph 2.4.2 of Article VI of GATT, the margin of dumping should 
"normally" be calculated either from a comparis on of the weighted average prices of all 
comparable exports, or on a transaction-to-tran saction basis.  Exceptionally, weighted-average 
normal value may be compared to prices of indivi dual export transactions if a pattern of export 
prices differs significantly among different purchasers,  regions or time periods, etc.  However, 
such rules cannot be found in Trinidad and Tobago's anti-dumping law.  (a) Could you explain Trinidad and Tobago's specific principles or practices, if any, for 
price comparison when calculating dumping margin? 
 Reply
 
  Section 13A(1), (2) and (3) of the amended Act addresses the price comparison when calculating the dumping margin.  The amended Act states:  
 (1) "The dumping margin of an exporter sh all 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. 
 G/ADP/Q1/TTO/2 
G/SCM/Q1/TTO/2 Page 10 
 
 
   (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 indivi dual 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." 
 
Q5.  According to the so-called "sunset clause" (Para. 11.3 of the GATT), both anti-dumping 
measures (and price undertakings) will expire au tomatically  after five years from their 
imposition.   However, Art. 29(2) of the Act provides only  that a "duty shall remain in force only so 
long as and to the extent neces sary to counteract the injurious effects of dumping ...", and the 
sunset clause has yet to be introduced in your Act.  What is Trinidad and Tobago's opinion on 
this?  
Reply
 
  The expiration of duties and prices undertakings  as well as sunset reviews are dealt with in 
Section 29A of the amended Act which states: 
  (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 fift h 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." 
   G/ADP/Q1/TTO/2 
 G/SCM/Q1/TTO/2 
 Page 11 
 
 
  Replies to the UNITED STATES (G/ADP/W/205 and G/SCM/W/214 of 20 November 1995)  
 
Q1. If you are in the process of revising you’re a-D/CVD laws, what is the estimated date for 
implementation of the legislation? 
 Reply
 
  The Act to amend the Anti-Dumping and Count ervailing Duties Act, 1992 was passed in the 
Senate on 18 July 1995 and in the House of Repr esentatives on 13 September  1995.  The amended 
Act No. 23 of 1995 was assented to 28 September 1995. 
 
Q2. Does your country have an organization to  administer the anti-dumping countervailing 
duty laws?  If so, does the organization have any administrative guidelines administering these 
laws? 
 
Reply
 
  The Anti-Dumping Unit of the Ministry of Trade and Industry is responsible for administering the amended Act.  The Anti-Dumping Unit is guided by the Anti-Dumping and Countervailing Duties Regulations, 1996 and th e Anti-Dumping and Countervailing Duties 
(Subsidies) Regulations, 1996 for administering the legislation.   
 
Q3. Does your country have any outstanding an ti-dumping or countervailing duty orders? 
 
Reply
 
 
 As at 20 November 1995, Trinidad and Tobago had no outstanding anti-dumping or 
countervailing duty orders.  Trin idad and Tobago has notified the WTO on the anti-dumping duties 
enforced for the period January 1996 to June 2005.  
Q4. What provisions have been made for judicial review of anti-dumping or countervailing 
duty actions?  
Reply
 
  A party that wishes to seek redress against a decision of the anti-dumping authority can apply 
to the High Court under the Orders and Rules of the Supreme Court of Trinidad and Tobago for 
orders of mandamus, prohibition or certiorari.  
Q5. If your country chooses to implement an adverse WTO panel report have any provisions 
been made to do so? 
 Reply
 
  Trinidad and Tobago has not enacted legislati on for the implementation of an adverse panel 
report.  Q6. Can you provide any clarification as to how you will implement Article 5.4 of the A-D Agreement? 
 G/ADP/Q1/TTO/2 
G/SCM/Q1/TTO/2 Page 12 
 
 
  Reply
 
  In the amended Anti-Dumping and Countervailing Duties Act No. 23 of 1995 (the amended Act), section 3, the definition of "industry" is as follows:  "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 such like goods, except that –   (a) where certain Trinidad and Tobago pr oducers of like goods are associates of the 
exporters or importers or are themselves impor ters of the relevant goods, the Minister 
may make a determination that such produ cers shall not be taken into account in 
applying the foregoing definitions;  and  
  (b) Trinidad and Tobago may, for the production in question, be divided into two 
competitive markets and all or almost a ll 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 th at 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. 
  Section 18(1) of the amended Act No. 11 of 1992 states as follows: 
 
 "The Authority may initiate an investigation ... on receipt of a complaint in writing by or on 
behalf of producers in Trinidad and Tobago of  like goods provided that the Authority shall 
not initiate  an investigation where the memb ers of such industry who support the complaint 
do not account for more production of the like goo ds in Trinidad and Tobago than do the 
member, 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 secti on 3(1) shall not be taken into account." 
 
Q7. Is there a process under your law by which ne w shippers can request a expedited review 
pursuant to Article 9.5 of the A-D Agreement? 
 
Reply
 
  In the amended Anti-Dumping and Countervailing Duties No. 23 of 1995, section 29B states:  
 (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 Trin idad 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 pers on 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 investiga tion pursuant to section 9 as applied by and 
limited by this section. 
  G/ADP/Q1/TTO/2 
 G/SCM/Q1/TTO/2 
 Page 13 
 
 
   (2) The investigation referred to in subsecti on (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 referre d 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 ta ke adequate securities for payment of duty 
becoming due retrospectively  in  accordance with subsection (4)." 
 
Q8. What provisions have been made for co nducting reviews pursuant to A-D Article 11.3? 
 Reply
 
  Sunset reviews are dealt with in section 29A of the amended Act which states:   (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 fift h 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." 
 
Replies to the UNITED STATES (G/ADP/W/205/ S.1 and G/SCM/W/214/S.1 of 28 November 1995)
 
 
Q1. Part I, section 3(1) of the Anti-Dumpi ng and Countervailing Duties Act ("the Act") 
defines material injury as "material injury to  the production in Trinidad and Tobago of like 
goods" an part II, section 7(2) of the Act define s material injury as "material injury to the G/ADP/Q1/TTO/2 
G/SCM/Q1/TTO/2 Page 14 
 
 
  production in the third country of like goods."  Could you please explain how "material injury 
to the production of like goods" is to be interpreted? 
 
Reply
 
 
 Material Injury is interpreted in detail in regulation 10(1) of the Regulations which states: 
   "10(1) Where a complaint of actionable injury is made, the Authority shall examine such 
facts as the Authority considers relevant unde r 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 significan t price under-cutting by the dumped or 
 subsidized imports as compared w ith 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  subsidized imports on the industry which 
produce 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 cons trued as binding the Authority to give priority to 
 any of the factors mentioned in paragraphs (a) to (c) in the making of its decision."   The phrase "material injury to the produc tion of like goods" may require review for 
compatibility with the WTO A-D Agreement. 
 
Q2. Part I, section 3(1) of the Act defines material retardation as "material retardation of 
the establishment of the production in Trinidad and Tobago of like goods."  Could you please explain how "material retardation" is to be interpreted? 
 
Reply
 
 
 The Act is silent on the interpretation of material  retardation.  "Material retardation" would be 
explained as the material impairment, caused by dump ing, of efforts to establish a domestic industry 
producing a like product that did not exist before .  It may include cases where there is some 
production of the like goods but dumping causes production quantities to be too small to provide a 
proper assessment of injury. 
    G/ADP/Q1/TTO/2 
 G/SCM/Q1/TTO/2 
 Page 15 
 
 
  Q3. Article 3.4 of the A-D Agreement and Article 15.4 of the SCM Agreement list the 
relevant economic factors to be considered when assessing the impact of dumped and subsidized 
imports on the domestic industry.  How are these factors incorporated into Trinidad and 
Tobago's law? 
 
Reply  
  Regulation 10(1) of the 1996 A-D Regulations incorporates the relevant economic factors. 
 Q4. Article 3.7 of the A-D Agreement and Article 15.7 of the SCM Agreement list some of the factors to be considered when determining wh ether there is a threat of material injury by 
reason of dumped or subsidized imports.  How are these factors incorporated into Trinidad and 
Tobago's law? 
 Reply
 
  Regulation 10(4) of the 1996 A-D Regulations states:  "A determination of threat of 
actionable injury may only be made where a particul ar situation is likely to develop into actionable 
injury and in making such determination the Authorit y shall take into consideration such factors as: 
 
 (a) the rate of increase of dumped or subs idized 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 th e likelihood that the resulting exports will 
be to Trinidad and Tobago; 
 
(c) the depressant or suppressant effect of th e 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 a nd the trade effects likely to arise therefrom." 
  The Regulations are lodged with th e Committee on Anti-Dumping Practices. 
  
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