Key Benefits:
Bs. As., 30/11/94
VISTO Issue No. 619.598/94 of the Registration of the MINISTERY of ECONOMY AND PUBLIC SERVICES, the Customs Code (Act No. 22,415), the Laws No. 16,834, on the accession of the ARGENTIN REPUBLIC to the General Agreement on Tariffs and Trade, and No. 24,176, on the adoption of the Agreement on the Application of Article
CONSIDERING:
It is appropriate to issue the regulatory and implementation regulations for the effective implementation of the Agreements adopted by Act No. 24.176.
It is appropriate to complement the existing legal provisions on anti-dumping and countervailing duties with the progress made in the Uruguay Round of the General Agreement on Tariffs and Trade, within the framework set out in Act No. 24.176.
That definitions included in such agreements should be regulatoryly specified to facilitate their application to specific cases.
It is necessary to establish a system of remedies for acts relating to the anti-dumping and countervailing duty procedure that is consistent with the limits of Act No. 24,176 on the duration of this procedure.
That said law establishes that its Authority of Application shall be the Minister of Economy and Public Works and Services, who is authorized to delegate to other agencies the functions that the same law accords him, except that of issuing resolutions establishing anti-dumping or countervailing duties, whether provisional or definitive.
That the NATIONAL COMMISSION ON EXTERIOR TRADE, a decentralized body within the framework of the SECRETARIAT OF TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS has functions of conducting investigations to determine the damage arising from imports under dumping or subsidy conditions.
It is up to the NATIONAL COMMISSION ON EXTERIOR TRADE to propose the measures that are relevant to alleviate the damage in dumping or subsidy cases.
That the SUBSECRETARIA OF EXTERIOR TRADE under the SECRETARIAT OF TRADE AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS has the powers and functions in dumping or subsidies that are not expressly granted to the NATIONAL COMMISSION ON EXTERIOR TRADE through DECRETO No. 766/94.
That the NATIONAL EXECUTIVE PODER is competent to issue the present act, pursuant to article 99, paragraph 2, of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
PART I
DEFINITIONS
CHAPTER 1
DUMPING AND SUBVENTION
Article 1 . A product is considered to be dumped, when it is introduced into the national market at a price lower than the normal value of a similar product intended for consumption in the country of origin or export, in the course of normal business operations.
Art. 2o . It will be understood that there is a subsidy, for the purposes of these regulations, when there is a financial contribution of a government or a public agency of the country of export or of origin, so that it represents a benefit for the producer or the exporter. Without prejudice to the generality of the preceding, such contributions shall exist when:
(a) The practice of a government or public agency involves a direct transfer of funds, such as donations, loans and capital contributions, or any direct transfer of funds or liabilities, for example, loan guarantees,
(b) Public revenues are condone or not collected, which in other cases would receive, for example, incentives such as tax bonuses,
(c) Goods or services other than general infrastructure or goods are provided, and
(d) Exist some form of support of income or prices.
There will also be a subsidy when the financial contribution from a private entity that is used by a government or public agency to make contributions that do not differ in the practice of those normally granted by Governments or public agencies.
The exoneration in favour of an exported product shall not be considered as a subsidy, of the rights and taxes that cause a similar product to be deducted from domestic consumption, or the remission of these duties or taxes in an amount that does not exceed the amounts owed or paid.
CHAPTER II
AND NATIONAL INDUSTRIA
Art. 3o . A product that is identical will be understood as a similar product, that is to say the same in all aspects to the product in question, or when there is no such product, another product that, although not equal in all aspects, has characteristics very similar to those of the product considered.
Art. 4o . It is understood that the terms "national industry", "domestic production", "national production" and "domestic industry" refer to the whole of the domestic producers of similar products, or to those among which their joint production represents an important part of the total national production of these products at the discretion of the competent Authority of Application.
Art. 5o . For the purposes of product research, the national territory may be divided into DOS (2) or more competitive markets; at the same time being considered to producers within each market as a separate industry. This procedure may only be used in exceptional situations and if the following conditions occur:
(a) When the producers of this market sell all or almost all the production of the product researched in it, and/or
(b) When the demand in that market is not to a significant degree satisfied by producers of the product investigated located elsewhere in the territory.
In such circumstances it may be found that there is damage, even if a greater proportion of the total domestic industry is not affected, if it is proved that there is a concentration of imports with dumping or subsidies in such an isolated market and, furthermore, provided that imports under investigation are causing damage to producers of all or almost all production within that market.
Art. 6th . For the purposes of these regulations, producers whose activity does not consist of the actual transformation of inputs that form part of the similar product or those linked to producers or exporters of the product reported, as defined in rule 14 of these regulations, or those producing the product investigated, also import it from the country of origin or from the country of export reported, may be interpreted as excluded from the domestic industry.
CHAPTER III
DAY AND CAUSITY
Art. 7o . Anti-dumping or countervailing duties will not be applicable if there is no damage caused by the imports of the product under investigation.
It shall be understood for damage to the purposes of this article:
(a) Significant damage or injury caused to national production,
(b) A threat of significant damage to national production, and
(c) A significant delay in the creation of a national production.
Art. 8o La The determination of the existence of significant damage to national production, for the purposes of these regulations, will be based on positive evidence and will include a positive review:
(a) The volume of dumped or subsidized imports and their effect on the prices of similar products in the domestic market, and
(b) Consequent effects of such imports on domestic producers of such products.
With regard to the volume of dumped or subsidized imports, the competent Authority shall take into account whether there has been a significant increase in dumped or subsidized imports, in absolute terms or in relation to the production or consumption of the importing country. With regard to the effects of dumped or subsidized imports on prices, the competent Authority shall take into account whether the dumped or subsidized imports have been placed at a significantly lower price than a similar product in the importing country, or if otherwise the effect of such imports is to substantially lower prices or to prevent, to the same extent, the increase that would otherwise have occurred. None of these factors alone or several of them together will necessarily suffice for decisive guidance.
Art. 9th La The Competent Implementation Authority will understand that there is a threat of significant damage to national production, when such a threat is real and true and when the damage is imminent. To that end, it will take into account the following circumstances, including:
(a) The increase in the participation of imports subject to research in the national market, although there is still no significant damage to domestic production,
(b) Overproduction, excess capacity or accumulation of inventory of the product subject to investigation, in the country of origin or export, with the possibility of export to the REPUBLIC ARGENTINA, and
(c) The accumulation in the ARGENTINA REPUBLIC of stocks of the product subject to investigation, even if it has not yet been sold in the country.
Art. 10. . For the purpose of determining whether or not there is a significant delay in the creation of national production, the Competent Implementation Authority shall assess the potential of national production at the time when imports began, or are imminent, in order to establish whether such imports had a negative effect on the evolution of that potential. The competent Authority shall consider, among others, the following:
(a) Effective capacity in construction,
(b) Certification of financing for building capacity,
(c) Status of orders and offices, and
(d) The overall financial situation.
Art. 11. , For the purposes of these regulations, it must be demonstrated, at the satisfaction of the competent Authority of Application, and in accordance with the law and these regulations, that there is a causal relationship between the import of the product under study and any of the following:
(a) The existence of material damage to the domestic industry of the similar product as indicated in rule 8 of these rules,
(b) The threat of significant damage to the domestic industry of the similar product, as indicated in rule 9 of these regulations, and
(c) The significant delay in the initiation of national production as indicated in rule 10 of these rules.
The competent Authority shall ensure that the damage caused by other factors other than dumping and subvention of the proceeds under study is not attributed to the importation of such product.
CHAPTER IV
NORMAL VALUE
Art. 12. . It is called normal value to that paid or paid, for a product similar to that imported, when the same is sold in the domestic market of the country of origin or export, in the course of normal business operations. This normal value will be calculated net of discounts, discounts and other price reductions applied directly to the analyzed operations. The exporter or producer may require these adjustments by demonstrating to the satisfaction of the competent App Authority that such discounts, discounts and price reductions actually took place.
Art. 13. de It will be considered that a sale was made in the course of normal operations, either by the producer in the country of production, or by the exporter in the country of export, when any of the following situations occur:
(a) When the price is not affected by any of the associations or relations defined in the following article, and
(b) In the case of sales that have not been realized below production costs, as referred to in rule 19 of these rules.
Art. 14. s DOS (2) or more companies will be considered linked to the effects of a dumping or subsidy investigation:
(a) If one of them controls the other directly or indirectly,
(b) If both are directly or indirectly controlled by a third company, or
(c) If joints directly or indirectly control a third company provided that there are reasons to believe or presume that the effect of the linkage is of such a nature that motivates the producer to be considered a behavior other than that of non-linked producers or exporters.
For the purposes of this article, one company shall be deemed to control another when the former is legally or operationally in a position to limit or direct the latter.
Art. 15. s When sales made in the country of origin or export, may not be considered as sales in the course of normal operations as described in rule 13 of these Regulations, the competent App Authority may calculate the normal value based on price to a third country, as described in rule 16, or may use the method of rebuilding the values described in rule 17.
Art. 16. . The price to a third country is the selling price of the product investigated, made by the producer or by the exporter to a third country, other than the country of origin or export. The competent Authority shall take the most representative price, applying, where necessary, the adjustments referred to in rule 26 of these rules.
Art. 17. La The rebuilding of the value of the product under investigation referred to in rule 15 of these rules shall be carried out on the basis of considering the following elements:
(a) Costs of production, understood by these the sum of the variable and fixed costs necessary for the manufacturing process, in the course of normal business operations in the country of origin, with reasonable adjustments for sales costs, administrative and general costs, and
(b) A reasonable level of profit, calculated in relation to the costs and utilities associated with sales made to non-linked parties in the country of export or origin.
The value reconstruction calculation methodology and each of its components should be adequate with the normal and accepted practices in the industry or industry of the researched product and considering the normal competitive behavior. The Application Authority will base its calculations on the records maintained by the producer or exporter investigated if they are in accordance with generally accepted accounting principles and reasonably reflect the costs associated with the production and sale of the product investigated.
If the Application Authority could not obtain the information necessary for the calculation of the above-mentioned production and profit costs, for the sales made in the country of export or of origin, or if, in its opinion, the available information is unreliable or cannot be used for any other justified reason, the competent App Authority may calculate the costs of production and profits for sale, based on information pertaining to other producers or exporters in the country of origin or export for the same sale.
Art. 18. . Where there is no sales of the similar product made by the exporter of the product investigated in the country of origin or export or its volume is not significant, and for that reason it is not possible to evaluate transactions in the course of normal operations, the Application Authority shall calculate the normal value in accordance with the methods set out in Articles 15 to 17 of these Regulations.
Art. 19. s Notwithstanding rule 13 of these rules, for all sales in which it has been shown that the exporter has sold the similar product in the country of origin or export below the production costs referred to in rule 17 (a) of these regulations, in considerable quantities and for a period not less than SEIS (6) months and at prices that do not allow to recover all costs within a normal time period, the competent Authority may consider the production of such
(a) Based on prices to third countries as described in rule 16 of these rules,
(b) Based on the reconstructed value as described in rule 17 of these rules.
When sales to a third country are used to calculate the normal value as described in rule 16 of these Regulations, and it is determined that sales were made below the production costs described in rule 17 (a) of these Regulations, the competent App Authority may consider that such sales have not been made in the course of normal operations and calculate the normal value according to the most appropriate criterion of the following:
I. Based on other sales of similar products made in the third country taking place at prices not less than the cost of production.
II. Based on the rebuilding of value as described in rule 17 of these rules.
Art. 20. s When the products investigated are exported or originated from countries with centrally planned economies or with regulations of such magnitude that produce effects equivalent to those of such economies, the Competent Implementation Authority shall determine the normal value as appropriate and reasonable as possible on the basis of any of the following criteria:
(a) The price to which a similar product is actually sold from a third country of market economy for consumption in the domestic market of that country or other countries, including the ARGENTINA REPUBLIC itself, or
(b) The determined value for the similar product in a third country of market economy, or
(c) The price actually paid or payable in the ARGENTINA REPUBLIC for the similar product properly adjusted if necessary, to include a reasonable margin of profit, when, neither the prices of a third country, nor the rebuilt value, as determined in accordance with the provisions of subparagraphs (a) and (b) above, provide an appropriate basis.
The competent Authority shall use the above criteria as an exception and only when the alternative methods provided for in articles 16 and 17 of these rules are inapplicable.
CHAPTER V
EXPORTATION PRICE
Art. 21. El The export price to be used in the determination of dumping will be the direct export price, thus understanding the actual price paid or to be paid in a sale, trade or exchange, related to the entry of the product in the ARGENTINA REPUBLIC, with the adjustments provided for in these regulations.
Art. 22. . The price actually paid or paid by the product subject to research is the value in currency or in kind effectively transferred or transferred in relation to the sale, trade or exchange of the product.
Art. 23. . When there is no export price or when, in the opinion of the competent Authority, the export price is not reliable because there is a compensatory association or arrangement between the exporter and the importer or a third party, the export price may be rebuilt on the basis of the price at which the imported products are first resold to an independent buyer or, if the products are not resold to an independent buyer or are not reasonable in the same state in which the export.
CHAPTER VI
VALORES COMPARATION
Art. 24. . In order to make an equitable comparison between the export price and the price in the domestic market of the country of origin or of export or in its case the price determined according to rule 15 et seq. of these rules, the DOS (2) prices will be compared at the same commercial level, usually the "ex-factory" level and, on the basis of sales made at as close as possible dates. In each case, the differences in their sales conditions, taxation and other differences in making prices comparable will be duly taken into account. In the cases provided for in rule 23 of these rules, expenditures should also be taken into account, including duties and taxes incurred between import and resale, as well as corresponding benefits.
Art. 25. s When both export prices and prices in the domestic market of the country of origin to be analyzed present variations:
(a) The normal value will usually be established on a weighted average basis,
(b) Export prices will normally be compared to normal transaction value, when the use of weighted averages yields substantially different from those of individual transactions, and
(c) Sampling techniques may be applied to establish normal value and export prices in cases where significant transactions are involved.
CHAPTER VII
JUSTES
Art. 26. de In order to compare the values provided for in Chapter VI of these rules, adjustments shall be made in accordance with the following provisions:
(a) MONEDA CONVERSION. . When to compare the normal value and price of exports it is necessary to make a conversion of currencies, the current exchange rate will be used at the date of the operation used for comparison. If export is related to a sale in foreign currency in a future market, the sales exchange rate may be used in the future.
(b) TRADE LEVEL. . For the purpose of comparing the normal value with the export price, the Competent App Authority must identify the level of marketing in which the sales that serve as the basis for price comparison took place.
It is up to the competent App Authority to determine whether the sales volume taken as the basis for calculating the normal value corresponds to the marketing level that resulted in the calculation of the export price. If such sales volume is insufficient for the stated purposes, the normal value may be calculated at the marketing level that is deemed most appropriate.
If the comparison is not possible at the same level of marketing, the normal value will be adjusted to determine the same level of marketing for the export price, taking into account the normal differences between different levels of marketing.
(c) I'm sorry. . When differences exist between the physical characteristics of the researched product and the similar product used for the calculation of the normal value, the Competent App Authority shall identify the relevant differences, done which will adjust the normal value of the similar product according to the specific value attributed to each difference found in the product under investigation. This value may be based on information obtained in the market area where the product is sold.
(d) I'm sorry. . With respect to differential adjustments in sales costs based on differences in quantities sold, the competent App Authority will determine whether this is a common practice on the part of producers or exporters in the country of origin or export.
(e) THANKS FOR FINANCIAL COSTS OF SALE. . In the case of financial sales costs, the Competent App Authority will calculate an adjustment amount that reasonably reflects the cost of the money included in the export price and will apply it for the purpose of adjusting the normal value of the similar product.
(f) You're joking about GARANTIA. In the case of warranty costs, the Competent Authority shall calculate an adjustment amount based on the actual costs incurred by the seller in the performance of the warranty obligations by goods sold and in accordance with the terms of the guarantees. In order to make the adjustment, the guarantee must have been offered in writing at the time of sale or be guarantees required by the laws of the country where the sale took place or correspond to generally accepted commercial practices in the corresponding market.
(g) I'm sorry. In the case of costs for services or technical assistance, the Competent Implementation Authority shall calculate the amount of the adjustment based on the actual costs incurred in the effective delivery of the service or technical assistance, provided that such costs have been included in the price of the operation.
Art. 27. . Discounts, discounts and other price reductions used in the calculation of the export price must be directly linked to the operations to which they apply.
Art. 28. s Without prejudice to the above, the following amounts must be deducted from the direct export price:
(a) Any import duty payable in the ARGENTINA REPUBLIC and any export right paid abroad in respect of the proceeds investigated.
(b) Costs incurred in the preparation of the product investigated for transport to the ARGENTINA REPUBLIC, such as packing costs, provided that such costs are not incurred to make sales in the country of origin or export.
(c) Costs relating to the export and transport of the product to the ARGENTINA REPUBLIC, as well as those required for the product to enter it. These costs include charges of levies to transport, maintenance, insurance, loading and unloading, handling and other unforeseen expenses incurred from the start of the transport from the exporter's town to its delivery to the buyer at the ARGENTINA REPUBLIC, as well as the charges against them.
For these deductions to be made, the above-mentioned costs should be included in direct export prices.
PART II
SUBVENTIONS
CHAPTER I
SPECIFICITY
Art. 29. s To determine whether a subsidy defined in the terms of Article 2 is specific to a company or branch of production or a group of companies or branches of production, within the territory of the country granting the subsidy, the following principles shall apply:
(a) Where the grantor authority or legislation under which the grantor authority operates, it explicitly limits access to the subsidy to a company or branch of production or to a group of enterprises or branches of production, this subsidy shall be considered specific;
(b) Where the grantor ' s authority or legislation acting under the grantor ' s authority, establish objective criteria or conditions governing the right to obtain the grant and its amount, it shall be considered that there is no specificity, provided that the right is automatic and that such criteria or conditions are strictly respected.
It will be understood as "objective criteria or conditions", the criteria or conditions that are impartial and do not favor certain companies that are of an economic character and of a horizontal application.
(c) If, despite the appearance of non-specificity resulting from the application of the principles set out in subparagraphs (a) and (b), there are reasons to believe that the subsidy may in fact be specific, the factors set out in the following article may be considered.
Art. 30. , For the purposes of the previous article, the following will be considered factors for determining specificity:
(a) Application of a subsidy program for a limited number of companies or industry branches or a group of companies or industry branches.
(b) Concession of disproportionately high amounts of subsidies to a company or branch of production or to a group of companies or branches of production.
(c) The manner in which the granting authority has exercised discretion in the decision to grant a grant, and
(d) Export subsidies under Article 29 shall be considered specific. In the application of subparagraph (c) the Implementation Authority shall take into account the extent of diversification of economic activities in the country granting the subsidy and the time period during which the grant programme has been implemented.
CHAPTER II
SUBVENTION
Art. 31. . In determining the value of the subsidy, the competent App Authority shall differentiate between subsidies that are specifically targeted at the exports of the product under study, and those subsidies that are directed to the general exporting activity of the beneficiary company. In the latter case the value of the subsidy will be calculated by determining the relationship between the general sales of the company and those specific to the product under investigation.
The competent Authority shall also determine the relationship between the subsidy received and the sales made by the producer or exporter during the period during which the subsidy was granted.
Art. 32. . When the subsidy involves credits granted at interest rates or conditions more favourable than those that the beneficiary could obtain in transactions freely agreed with the commercial banking of the market in question, the competent App Authority shall distinguish between short, medium or long term credits. The value of grants in short-term credits shall be determined on the basis of rule 31 of these rules for recurrent grants.
The value of subsidies in medium- or long-term credits will be determined using the most appropriate financial method to establish the real incidence of the merchandise subsidy entered into the ARGENTINA REPUBLIC.
Credits will normally be considered short-term when the repayment period is less than DOS (2) years. Any credit whose repayment period is equal to or greater than DOS (2) years will be considered as medium or long term.
The Competent Authority may consider credits with a shorter period of repayment as medium or long term, if it is demonstrated in good faith that the debtor has a consistent practice of automatic renewal or extension of the repayment period that exceeds a total period of DOS (2) years.
CHAPTER III
CONSULTATIONS
Art. 33. La The competent Authority of Application shall notify the Government of the country of origin or export of the proceeds investigated, about the request for the opening of the investigation by grants, when it is deemed to be given the conditions to proceed to it. This notification shall be made TEN (10) working days before the opening of the investigation.
Art. 34. . In conjunction with the notification provided for in the previous article, or at any time prior to the opening of the investigation, the competent Authority of Application shall give the Governments of the countries of origin or export of the proceeds investigated, to consult with the purpose of clarifying the facts raised in the request and to arrive at a mutually agreed solution.
During the investigation, Governments of countries of origin or export of the proceeds under investigation may consult with the same object.
PART III
COMMON PROVISIONS
CHAPTER I
AUTHORITIES OF IMPLEMENTATION
Art. 35. La The application of these rules shall be by the following authorities:
(a) The Minister of Economy and Public Works and Services, who shall issue the resolutions establishing anti-dumping or countervailing duties, whether provisional or definitive.
(b) The SECRETARIAT OF TRADE AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, who will have the functions assigned to it in this Regulation.
(c) SUBSECRETARIA DE TRADE EXTERIOR OF THE SECRETARIAT OF TRADE AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTS AND PUBLIC SERVICES, who will be responsible for determining the existence of dumping or subsidy, and
(d) The NATIONAL COMMISSION ON EXTERIOR TRADE, a decentralized body within the framework of the SECRETARIAN TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, who will have the responsibility of determining the existence of damage to national production.
Art. 36. . Procedures for the imposition of anti-dumping and countervailing duties shall be initiated and processed before the EXTERIOR TRADE SUBSECRETY under the SECRETARIAT OF TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, to which all background on dumping or subsidy and on the existence of damage will be provided. The EXTERIOR TRADE SUBSECRETARIA will evaluate the formal origin of the request, prior to which, it will be seen at the NATIONAL COMMISSION OF EXTERIOR TRADE so that in the end of TEN (10) working days, it gives an opinion on the representativeness of the complainant within the national production. Once the conditions of admissibility are satisfied, the EXTERIOR TRADE SUBSECRETY shall send to the NATIONAL COMMISSION ON EXTERIOR TRADE all the elements of the request that are necessary to determine the existence of damage.
CHAPTER II
THE PETITION
Art. 37. . Requests for the initiation of a dumping or subsidy investigation will be submitted by or on behalf of the national industry that feels affected by the alleged dumping or subsidy presenting sufficient evidence of the existence of dumping or subsidies, of damage and of the causal relationship between the two.
For the purposes of the evaluation of requests, the interested parties shall complete the request to that effect be determined by the competent Authority of Implementation, in order to allow the existence of the basic requirements for the opening of a dumping or subsidy investigation.
Once the formal origin of the request and the representativeness and embodiment of the person making it is determined, in the manner provided for in article 36 of the present rules, the SUBSECRETARIA DE TRADE EXTERIOR and the NATIONAL COMMISSION ON EXTERIOR TRADE under the SECRETARIAT OF TRADE AND INVERSIONS OF THE MINISTERIO DE ECONOMIA AND ARTH PUBLICOS will be issued on the origin of the opening, within their respective competences, at the end of TREINTA and CINCO (35) working days, raising their conclusions to the Secretary of Commerce and Investment, who will rule on the opening of the investigation within the time of TEN (10) working days, unless the ends provided for in Law No. 24.176 are given to reject the request.
La SECRETARIAT OF COMMERCY AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES may in exceptional cases proceed to the opening of office when sufficient evidence is in place to establish, under the provisions of Law No. 24.176 and this Regulations Decree, the existence of dumping or subsidy, damage and the causal relationship between dumping or subsidy and damage.
Art. 38. La The competent App Authority shall notify the petitioner of any error or omission in the application within the TREINTA (30) business days of submission. The petitioner will have QUINCE (15) working days from the date of notification to provide corrections. If the petitioner does not provide the required corrections within this period, the request will be refused without further action.
Art. 39. . Prior to the initiation of the investigation, the Competent Authority may conduct consultations with national producers to verify whether there is sufficient support for the opening of the investigation.
Art. 40. La The Competent Application Authority shall have a time limit for ACCOUNT and CINCO (45) working days, from the date on which the application has been admitted by the EXTERIOR TRADE SUBSECRETARIA of the SECRETARIA DE TRADE and INVERSIONS to decide on the opening of the investigation.
CHAPTER III
INVESTIGATION
Art. 41. . Once the start of an investigation has been decided, the competent App Authority will have a deadline of TEN (10) working days to publish the opening resolution of the investigation in the Official Gazette. This resolution should indicate the opening date, the practice under investigation, the product under investigation, its country of origin or export and any other information that the Authority deems appropriate.
Art. 42. . For the purposes of the development of the investigation, the competent Authority may require the necessary information by sending questionnaires to all stakeholders. The recipients of the questionnaires must respond to them with all the information required and within the time limit set by the Implementation Authority in each investigation.
The period to be set to return the questionnaires shall not be less than the TREINTA (30) days, counted from the date of receipt by the person concerned.
Due consideration should be given to requests for extensions and such requests shall be granted whenever possible.
When the Application Authority fails to respond to its requests for information, it may use the best available information.
Art. 43. . For the purpose of verifying the information provided by one party, or obtaining more information, the competent Authority may decide to conduct investigations in the country or abroad. For the purposes of verification abroad, the prior consent of the signatures involved and the Government of the country concerned should be provided if necessary.
If a firm or government does not authorize verification or investigation or if it does not cooperate with the investigation, the competent Authority shall use the best available information to complete its investigation and produce its recommendations to the Minister of Economy and Works and Public Services.
For verifications to be carried out in the national territory, the party concerned shall facilitate the verification requested by the competent Authority.
Art. 44. La The information received shall be made available to the interested parties within the OCHO (8) working days of their receipt, except for the information for which the treatment of confidentiality has been decided, as set out in these rules.
Art. 45. . Those who submit information may require the treatment of confidentiality at the time of their referral, justifying at the discretion of the competent Authority of Application, the need for such treatment, and clearly identifying it through the legend of CONFIDENCEL at the right top of each page.
Confidentiality of information not provided voluntarily may not be required.
The Application Authority shall be issued within the CINCO (5) working days. During this period the information in question will be treated as confidential as described in these rules.
If the confidential treatment is refused, the person who sent the information may withdraw it.
It will be a condition for receiving confidential treatment that meets the formal requirements set out in this article and that a non-confidential summary is attached to be incorporated into the investigation. In the event that those who submit confidential information indicate that such information cannot be summarized, they must state the reasons for such impossibility and the Authority of Application shall consider its acceptance.
Art. 46. . When the Competent Application Authority is issued for the confidentiality of the information, the relevant pages will not be incorporated into the public record and their access will be limited to officials assigned to the investigation.
Art. 47. . The investigation will be completed and the EXTERIOR TRADE SUBSECRETARIA of the SECRETARIAT OF TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES will report the results to the Minister of Economy and Public Works and Services within the year of the date of its inception. If for exceptional reasons this period is extended, the interested parties and the Minister of Economy and Public Works and Services should be informed of the reasons for the extension.
Art. 48. actuales If at any time of a dumping or subsidy investigation, the SECRETARY OF TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND ARTS AND PUBLIC SERVICES, in accordance with the opinion of the SUBSECRETARIA OF EXTERIOR TRADE or of the NATIONAL COMMISSION OF EXTERIOR TRADE of that Secretariat, as appropriate, concludes that there is no subsidy
CHAPTER IV
PRELIMINARY DETERMINATIONS
Art. 49. . In the event of its relevant consideration, the competent Authority, in the form and manner set out in article 37, paragraph 3, may elevate to the Minister of Economy and Public Works and Services, through the Secretary of Commerce and Investment, its conclusions for the purpose of the application of preventive measures, within the CUATRO (4) months of the opening of the investigation. In case of dumping investigations that present unusual difficulties, the competent enforcement authority may delay the submission of its findings to the Minister of Economy and Public Works and Services in an additional period of DOS (2) months. Such preventive measures shall not be implemented prior to the determination by the Competent Authority of Implementation of preliminary results to presuppose the existence of dumping or subsidies, damage to the domestic industry and causal relationship between such elements.
Art. 50. . In its preliminary or final determinations, the Minister of Economy and Public Works and Services may impose anti-dumping or countervailing duties that are less than the amount of dumping or the margin of subsidies found, if in his opinion they are sufficient to eliminate the damage caused to national producers.
Art. 51. . In its determination the Minister of Economy and Public Works and Services will take into account the general public interest, including that of consumers and users and acquirers of imported inputs, and that of users or acquirers of locally produced inputs whose prices could be raised as a result of the imposition of anti-dumping or countervailing duties.
Art. 52. . Preventive anti-dumping and countervailing duties shall be imposed only when the competent Authority determines that they are necessary in order to prevent harm to domestic producers and its duration shall have the limits set by Law No. 24.176.
Art. 53. . For the purpose of collecting anti-dumping or countervailing duties that had been imposed, the procedures stipulated in articles 67 and subsequent of this decree should be followed.
Art. 54. . When the Minister of Economy and Public Works and Services issues a preliminary determination, the Competent Authority shall notify all interested parties of the basis on which it is based. The parties concerned shall have the opportunity to make their views known on the basis of the preliminary determination until the QUINCE (15) working days following the date of determination.
CHAPTER V
HEADQUARTERS
Art. 55. La The Competent Application Authority shall evaluate any price agreement that is submitted to it for consideration in relation to an anti-dumping or anti-subventional investigation and shall rule on its acceptance within the TREINTA (30) working days of having received the request for consideration. Such a price agreement should aim at eliminating damage to national production in the terms of rule 7 of these rules.
The Competent Implementation Authority may also suggest price agreements on its own initiative, without the non-acceptance of any party adversely affecting the investigation.
For the purposes of the acceptance or rejection of the pricing agreements, the Competent Authority is the SECRETARIAT OF TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, which shall act upon the opinion of the SUBSECRETARIA DE TRADE EXTERIOR and the NATIONAL COMMISSION ON EXTERIOR TRADE
Art. 56. . If the agreement is accepted, the damage investigation can be completed if the exporter so requests or the competent App Authority considers it appropriate. In such a case, if no harm is finally determined, the agreement will expire automatically except in cases where the determination of the non-existent harm is largely due to the implementation of the said price agreement. In such cases, the competent Authority may require that the agreement be maintained for a reasonable period of time as provided for in Act No. 24.176.
Art. 57. La The Application Authority may reject the agreement in the following circumstances:
(a) When, in the opinion of the agreement, the agreement is impracticable or impossible to enter into force, as occurs when the number of participants or potential exporters participating is very large.
(b) Where the agreement is in violation of competition law. For purposes of determining this end, the Views of the Authority for the Implementation of such legislation shall be required, and
(c) When the agreement is not viable to eliminate damage to national production.
If the price agreement originates from a subsidy investigation, for the purpose of accepting it, the competent App Authority shall be accorded the agreement by the grant-giving Government.
Art. 58. La The Competent Authority may request the opinion of the Competition Law Enforcement Authority, where it considers it necessary to determine whether an agreement is in violation of that legislation. In such case the opinion will be requested within the TEN (10) business days of the date on which the price agreement was presented to you for consideration and approval. The Competition Law Enforcement Authority shall be issued within TEN (10) working days of receipt of the request for Views.
Art. 59. La The Competent Application Authority may request that the information necessary to evaluate compliance with accepted pricing agreements be provided on a regular basis. These agreements will be reviewed periodically as specified in the resolution implementing the agreement. The period shall not be less than UN (1) year. The competent Authority may revoke acceptance of the settlement at any time without taking into account the specified period of time if it considers that the cases leading to the settlement do not exist anymore, or when the terms of the agreement have been violated. In the event that the agreement had been violated, the competent Authority may immediately impose preventive measures on the basis of the investigation already produced.
CHAPTER VI
FINAL DETERMINATION
Art. 60. La The EXTERIOR TRADE SUBSECRETARIA OF THE SECRETARIAT OF TRADE AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS will raise its conclusions by meriting the report of the NATIONAL COMMISSION ON EXTERIOR TRADE SECRETARIAT OF TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLIC, of its own and of the relation of causality, to the Minister of Economy and Public Works and Services, through the Secretary of Commerce and Investment, If there has been no preliminary determination, the conclusions will be presented in the term established by article 47 of this regulation.
Art. 61. El The MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS will publish in the Official Gazette all preliminary and final determinations imposing anti-dumping and countervailing duties and those that suspend, deny, revoke or terminate investigations.
Price agreements referred to in Article 56 and following shall also be published in the Official Gazette when an investigation has been suspended or terminated or when a commitment expires.
These publications shall indicate the goods, the level of the rights where applicable, the country of origin or export and all other information in the opinion of the competent Authority of Application and in accordance with Law No. 24.176.
Art. 62. . Preliminary and final determinations will be appealed, and decisions that suspend, deny, revoke or terminate investigations. The remaining decisions made during the investigation are irrecurrible. The resources will be only devolutive and must be filed within the TEN (10) working days of the notification of the action taken. For this purpose, the official publication of an act shall be deemed to be sufficient notification, without prejudice to other possible forms of notification.
Art. 63. . Anti-dumping and countervailing duties shall so far govern when the rights are modified or expired, with the limit set out in rule 74 of these rules.
Art. 64. . Anti-dumping and countervailing duties and preventive measures determined under Law No. 24,176 and this Regulation shall apply from the date of publication of the respective determination in the Official Gazette.
If the final determination arises based on the existence of material damage as defined in Article 8 of these Regulations, or when a threat of damage is determined in the terms of Article 9 of these Rules or a significant delay in the terms of Article 10 of these Regulations and simultaneously the imports of the proceeds investigated produce an effect that, if preventive measures have not been applied, would have led to the conclusion that there would be material damage in the terms of Article 8, the pre-emptive measures may be compensated.
In the case of subsidy investigations, where the Implementation Authority concludes that there is a difficult reparable damage caused by massive imports, carried out in a relatively short period, of the product investigated and when to prevent the damage from occurring, it is deemed necessary to receive retroactively compensatory duties on such imports, definitive countervailing duties may be perceived on products that have been intended for consumption, NOVENTA (90) days prior to the maximum of preventive measures. In the case of dumping investigations, if the competent Authority determines:
(a) That there is a history of dumping causing damage or that the importer should have known that the exporter or producer practiced dumping and that imports of these products under these conditions would result in damage to national production, and
(b) That the damage is due to a sporadic dumping (mass productions of the product investigated in a relatively short period) of such an extent that, in order to prevent it from happening again, it is necessary to receive retroactively rights over such imports, the Competent Implementation Authority may establish that the perception of the rights will be carried out on products intended for consumption up to 90 days before the date of application of preventive measures.
Art. 65. . If the anti-dumping or countervailing duty set out in the final determination is higher than the preventive right collected or guaranteed, the difference will not be required. If, on the contrary, the same is less than the preventive right collected or guaranteed, the guarantee will be returned or restored by the difference.
Art. 66. La The competent Authority may include in the scope of a final anti-dumping or countervailing duty in force, imported parts and parts for assembly or termination operations in the ARGENTINA REPUBLIC where it has been established that:
(a) The product assembled or terminated from these parts or components is a product similar to that which is subject to the final anti-dumping or countervailing duty.
(b) The assembly or termination in the importing country of the product referred to in subparagraph (a) above is carried out by a party that is linked to an exporter or producer whose exports of the product similar to the ARGENTINA REPUBLIC are subject to the final anti-dumping or countervailing duty or acting on behalf of that exporter or producer.
(c) The parts or components were obtained in the country of the exporter or producer subject to a definitive anti-dumping duty, from suppliers in the exporting country who have traditionally supplied the parts or components to that exporter or producer, or from a third party that on behalf of that exporter or producer provides parts or components.
(d) The assembly operations or completed in the ARGENTINA REPUBLIC have experienced substantial growth and imports of the parts or components for these operations have increased substantially from the initiation of the investigation that led to the imposition of the final anti-dumping or countervailing duty.
(e) The total cost of the parts or components referred to in subparagraph (c) represents a substantial part of the total cost of the parts or components used in the assembly or termination operation.
The competent Authority may impose preventive anti-dumping or countervailing duties in accordance with Article 49 and subsequent to this Decree on parts or components imported for use in assembly or termination operations where it considers that there is sufficient evidence that the criteria set out in subparagraphs (a) to (e) of this Article are met. The competent Authority may establish a final anti-dumping or countervailing duty when all cases established in this article are fully complied with. The final anti-dumping or countervailing duty that may be imposed may not exceed the existing final anti-dumping or countervailing duty on imports of the finished product subject to investigation.
CHAPTER VII
COBRO OF RIGHTS
Art. 67. . Anti-dumping and countervailing duties shall be charged on the basis of the final determination of the competent Authority of Application.
Art. 68. . When the national industry concept is interpreted to producers of a certain area, anti-dumping or countervailing duties will only apply to the products in question, appropriated for consumption in that area.
Art. 69. . Anti-dumping and countervailing duties apply in addition to all other existing taxes on the import considered. They will be supplemented by the rules applicable to import duties.
Based on the imposition of anti-dumping and countervailing duties, whether provisional or final, the remaining import duties and other taxes on import shall be determined on a basis calculated on the basis of the normal value established for products subject to anti-dumping and countervailing duties.
Art. 70. Ningún No product imported to the ARGENTINA REPUBLIC may be encumbered with both rights (anti-dumping and countervailing) as a result of the same unfair practice situation.
Art. 71. . Within the CINCO (5) working days of the publication of a final or preliminary determination of countervailing or anti-dumping duties, the Minister of Economy and Works and Public Services shall notify the NATIONAL ADMINISTRATION OF ADUANAS of the determination to impose anti-dumping or countervailing duties through a full copy of the Resolution.
Art. 72. . With the receipt of the notification of the Resolution issued by the Minister of Economics and Public Works and Services, the National Customs Administrator shall produce the necessary instructions for the purpose of collecting within TEN (10) working days, the corresponding anti-dumping or countervailing duty or the preventive rights as appropriate.
Art. 73. La The NATIONAL ADMINISTRATION OF ADUANAS shall inform the competent Authority on a monthly basis:
(a) Amount of anti-dumping or countervailing duties collected by product during the previous month,
(b) Amount of preventive anti-dumping or countervailing duties charged by product during the previous month, and
(c) Amount of preventive anti-dumping or countervailing duties guaranteed by product.
CHAPTER VIII
VIGENCE OF THE RIGHTS REVISIONS
Art. 74. . Anti-dumping or countervailing duties imposed by the Enforcement Authority shall have a maximum validity of CINCO (5) years from the date of the final determination by which the rights subject to rule 53 of these rules were originally imposed.
Art. 75. . The revision of a final determination by which an anti-dumping or countervailing duty was imposed may be carried out at any time at the initiative of the competent Authority of Application or at the request of the party interested in the original investigation that provides evidence of the need for such review. This request may be made no more than once a year and normally in the month anniversary of the publication of the final determination by the MINISTERY OF ECONOMY AND PUBLIC SERVICES.
In this review, the Competent Implementation Authority will consider whether the continuity of rights is necessary to eliminate the effects of dumping or subsidies. The competent Authority may also consider whether the recurrence of the damage would occur if the right is removed or varied. On the basis of this review and the recommendations of the Competent Authority, the Minister of Economy and Public Works and Services may review anti-dumping or countervailing duties, modifying or removing them as determined by this.
Art. 76. El The procedure for the application of anti-dumping and countervailing duties to the enforcement authorities provided for in this regulation shall be supplemented by the Administrative Procedures Act and its regulations.
Art. 77. . This regulation shall enter into force for QUINCE (15) days of publication in the Official Gazette. Investigations that had been opened prior to such entry into force shall be governed by the rules in force at the opening date of the investigation. In the submissions made prior to the entry into force of this Decree and whose opening has not been declared, they must conform the same to the provisions of this Decree. TRADE AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS shall exercise the powers vested in this regulation to the NATIONAL COMMISSION ON EXTERIOR TRADE of that Secretariat, until the SECRETARIAT OF TRADE AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS determines the date of validity of the delegation provided for in article 25, in fine, of Decree No. 766/94; from that moment on, the NATIONAL COMMISSION ON EXTERIOR TRADE shall exercise the powers conferred upon it by this regulation in respect of investigations whose opening has not yet been ordered.
(Article replaced by Article 1 of the Decree No. 106/95 B.O. 30/01/1995)
Art. 78. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo. Rodolfo C. Barra.
