Determinations in investigations reached by Commissioners are disclosed publicly. The Commission has a statutory obligation to make its Preliminary Determination within 90 days of initiating an investigation. This may be extended to 135 days where circumstances require.
Preliminary Determination
At the time of Preliminary Determination, the Commission can terminate the investigation if it finds there is insufficient evidence of:
- dumping, subsidization, or a sudden increase in imports due to unforeseen developments
- injury to the Jamaican industry caused by that action or
- injury caused by is negligible
However, if there is sufficient evidence of injury, the Commission may:
- determine if provisional duties are needed and at what level
- send out supplemental questionnaires to collect additional information that may be required to continue the investigation
The Notice of Preliminary Determination is shared with the government of the exporting country, interested parties, the public, and the international trading community.
- Published in the local newspapers
- Published in the Jamaica Gazette
Final Determination
The Commission is under statutory obligation to make its final determination in an investigation within 180 days of initiation. This may be extended to 225 days where circumstances require.
The Final Determination may be either affirmative or negative. If the determination is affirmative then the Commission has found evidence of dumping, subsidization, and injury. Duties may then be applied.
A Negative Determination occurs where the Commission:
- Does not find evidence of dumping or injury
- Finds dumping and injury but no link between them
The Notice of Final Determination is shared with the government of the exporting country, interested parties, the public, and the international trading community.
- Published in the local newspapers
- Published in the Jamaica Gazette