Jurisdiction(s):
United Kingdom

Evidence, due process, confidentiality, verification and facts available in WTO countervailing duty investigations under the SCM Agreement

Published by a LexisNexis International Trade expert

Practice notes

The Practice Note offers practical direction on the evidence to be used in countervailing investigations. It outlines the procedural steps an investigating authority must follow when requesting material, the entitlement of interested parties to submit evidence, and their right to protect their interests by providing it. It also covers the duty to treat claimed confidential information as such, the requirement to verify information supplied, and the situations in which investigating authorities may rely on other facts to reach a determination.

Initiation of investigation

Before any countervailing measures are imposed, the Agreement on Subsidies and Countervailing Measures (SCM Agreement) requires Member States to undertake an investigation. That investigation begins once a complaint or application has been received. For practical guidance on a domestic industry’s application, its standing to apply, the initiation process, notification duties and termination requirements, see Practice Note: An introduction to the Agreement on Subsidies and Countervailing Measures.

Evidence

Article 12 sets out numerous evidentiary requirements for countervailing investigations, which are relied upon by interested parties. Article 12.8 defines interested parties as including the following...

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Web page updated on 21/05/2026

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