Basic Principles and Definitions

Basic Principles and Definitions

Dumping

This is defined as selling markets abroad at prices below what is termed the ‘normal value. In most cases, this is the price which the foreign product charges for comparable sales in his own country.

How can you tell an item is being dumped?
A Product is considered dumped if the export is less than the prices at which a like product is sold for consumption in the exporting country, or is less than its cost of production. The ill effects of dumping are the result of material injury to a local industry.

Margin of Dumping
In relation to an article, this means the amount, if any, by which the normal value of such article exceeds the price at which it is exported.

Subsidisation
This is direct or indirect financial assistance which governments or public authorities outside of Trinidad & Tobago may give to the producers, and from which the latter derive a benefit.

Material Injury
In respect of the dumping, or subsidising of any goods, material injury to the production in Trinidad & Tobago of like goods, and includes, in respect only of the subsidising of agricultural product an increase in the financial burden on the government.

When can these duties be imposed?
Anti-dumping and countervailing duties can only be imposed when a firm investigation has shown conclusively that:

Dumping or Subsidisation is or has been taking place;

This dumping or subsidisation is causing or threatening to cause
material injury to a local industry;

The imposition of such duties would be in the local interest.

Industry
In relation to any good, this means such Trinidad & Tobago producers of like goods, whose collective output constitutes at least 25% of T&T production of like goods.

PROCEDURES

Who can make an application?
Applications for action against dumped or subsidised imports may be made by representatives of the local industry, which considers itself to be injured by the imports. Normally, the application will require the support of a major part of the industry.

What is required in the application?
All applications should contain reasonably prima facie evidence of dumping or subsidisation, and of resultant material injury. They should also contain whatever information is at the applicant’s disposal, which will assist in the full investigation of the complaint.

To whom should applications be made?
Applications must be forwarded to the Anti-Dumping Unit, which is responsible for the opening and conducting of the investigation.