Legal and Fair Trading
The Fair Trading and Anti Dumping Unit investigate allegations of dumping and the subsidisation of imported goods. Status of Anti-Dumping cases as at May 12, 2008 Anti-Dumping Practices, Subsidies and Countervailing Measures
Investigation Process
Definitions
Procedures
Safeguard and Competition
Policy Legislation The World Trade Organisation (WTO) of which Trinidad and Tobago is a member acknowledges that governments, in pursuing trade liberalization policies such as lowering tariffs and non-tariff barriers, may still find it necessary to provide protection to industries from incidents of unfair trade practices. These unfair trade practices may take the form of under-pricing of goods, subsidization or sudden increases in volume of goods exported to the particular country. The WTO Agreement therefore provides measures for the institution of safeguard actions such as Anti-Dumping Practices, Subsidies and Countervailing Measures, Safeguard Measures and Competition Policy which are designed to ensure that the domestic industries concerned are not unduly undermined. To avoid incidences of unfair trade practices a number of safeguard measures have been introduced in Trinidad and Tobago, including the strengthening of Anti-Dumping Legislation and the establishment of Safeguard and Competition Policy legislation. Anti-Dumping Practices, Subsidies and Countervailing Measures The Anti Dumping Unit was established in the Ministry of Trade and Industry on 1st January, 1996 to administer and enforce this legislation in particular: Objectives To safeguard local manufacturers against the dumping of imports on the domestic market To determine if dumped and subsidized imported products cause material injury to domestic manufacturers To level the playing field for local manufacturers on the domestic and international market To ensure that foreign producers/exporters do not sell their products on the domestic market at dumped or subsidized prices.
Status CPC is to effect the amended legislation. Suggested timeframe for completion:
December 2008. To Top Investigation Process An Anti-Dumping investigation can be of twelve (12) to eighteen (18) months duration. The crucial stages of an investigation can be defined as follows:- Initiation Information gathering Preliminary Determination Further Investigation-response to preliminary determination Verification of information Final determination Reviews: Changed Circumstance, New Shipper and Sunset
Basic Principles A product is considered dumped if the export price is less that the price at which a like product is sold for consumption in the exporting country or is less that its cost of production. The ill effects of dumping is the result of material injury to a local industry. Under the Trinidad and Tobago Regulation, the basic remedy against dumped and/or subsidized imports is the imposition of anti-dumping or countervailing duties provided that such injury can be shown (via investigation) to be a direct result of dumping and/or subsidization. These duties can be imposed only when a formal investigation has shown conclusively that:- dumping or subsidization is or has been taking place; this dumping or subsidization is causing or threatening material injury to a local industry; the imposition of such duties would be in the local interest;
Definitions Dumping This is defined as selling to markets abroad at prices below what is termed the normal value. In most cases this is the price which the foreign producer charges for comparable sales in his own country. Margin of In relation to an article, means Dumping the amount, if any, by which the normal value of such article exceeds the price at which it is exported. Subsidization this is direct or indirect financial assistance which governments or public authorities outside of Trinidad and Tobago may give to their producers and from which the latter derive a benefit. Material injury In respect of the dumping or subsidizing of any goods, material injury to the production in Trinidad and Tobago of like goods, and includes, in respect only of the subsidizing of an agricultural product and increase in the financial burden on the Government Duty Means anti-dumping duty and countervailing duty, as the case may require. Industry In relation to any good, means such Trinidad and Tobago producers of like goods whose collective output constitutes at least 25% of T&T of like goods. Procedures Who can make an application? Applications for action against dumped or subsidized imports may be made by representatives of the local industry which considers itself to be injured by the imports. The application will normally 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 subsidization 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. Interested parties may fill out a Questionnaire in confidential and non-confidential form: v Complainant- Local producer/manufacturer v Exporter/Foreign Producer v Importers To whom should applications be made? Application must be forwarded to the Anti-Dumping Authority, which is responsible for the opening and conducting of the investigation. To Top Safeguard and Competition Policy Legislation. The Safeguard Act Objectives To provide for the implementation of measures against imports of particular products if these imports have increased in a way which cause or threaten serious injury to domestic producers of competing products. To regulate the application of the said measures and matters thereto. To give domestic industry a sense of security and provide an opportunity to enhance efficiency and international competitiveness.
Status CPC to prepare the necessary legislation to give effect to the implementation of safeguard measures. The Fair Trading Act Objectives To establish a Fair Trading Commission. To promote and maintain effective competition in the economy. To ensure that competition is not distorted, restricted or prevented in Trinidad and Tobago to the detriment of the community. To establish a Fair Trading Tribunal, that is, a "Court of Record" with jurisdiction to hear and determine appeals from the Commission.
Status The Fair Trading Act will be proclaimed in a phased approach. Parts IV, V and VI of the Act were proclaimed on April 26, 2007 to facilitate the appointment of the Commissioners of the Fair Trading Commission, the Executive Director and other key staff. The proclamation of the remaining parts of the Act is currently with the Cabinet. To Top Updated May 2008.
The Anti-Dumping Authority
Ministry of Trade and Industry
Level 16, Nicholas Tower, 63-65 Independence Square, PORT OF SPAIN
Telephone : 868-623-2931-4 Ext.2131, 2049
Direct Line : 868-627-8256; 868-623-9464
Fax : 868-623-2424
Emails: bcharles@tradeind.gov.tt & kkowlessar@tradeind.gov.tt | 
