Key Benefits:
VISTO Issue No. 030-001713/96 of the Register of the MINISTERY of ECONOMY AND PUBLIC SERVICES AND
CONSIDERING:
That Act No. 24,425 adopted the Final Act incorporating the Results of the Uruguay Round of Multilateral Trade Negotiations; Decisions, Declarations and Ministerial Understandings and the Marrakesh Agreement establishing the World Trade Organization (WTO).
That also the so-called Marrakesh Agreement establishing the World Trade Organization, which is approved by Law No. 24,425, contains in its Annex 1.A, the Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade (GATT) and the Agreement on Subsidies and Countervailing Measures.
That according to the provisions of the Agreements quoted in the previous immediate consideration, it is appropriate to apply the same in respect of the revisions of the investigations initiated under Law No. 24.176 and its corresponding Rule Decree No. 2121 dated 30 November 1994.
It is appropriate to issue the regulatory and implementation regulations for the effective implementation of the Act referred to in the first considering.
That by Decree No. 704, dated 10 November 1995, published in the Official Gazette of 15 of the same month and year, the competence of the Minister of Economy and Public Works and Services was confirmed as the Authority for the Application of Anti-Dumping and Anti-subsidy Regulations contained in Act No. 24.425.
That by Decree No. 766, dated 12 May 1994, the NATIONAL COMMERCY COMMISSION FOR EXTERIOR was established, a non-concentrated body within the scope of the SECRETARIAT OF INDUSTRIA, TRADE and MINERIA of the MINISTERY OF ECONOMY AND PUBLIC SERVICES.
That the NATIONAL EXECUTIVE PODER is competent to issue the present act under the provisions of article 99, paragraph 2 of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
PART I
Article 1 The following shall be the authorities for the implementation of the provisions of this Decree, in accordance with the powers assigned to it:(a) MINISTERY OF ECONOMY AND PUBLIC SERVICES,
(b) SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES,
(c) SUBSECRETARIA FOR EXTERIOR TRADE under the SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES; and
(d) the NATIONAL COMMISSION ON EXTERIOR TRADE, an organism that is deconcentrated in the area of the SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES.
Art. 2o- For the purposes of this Decree, the following shall be:(a) "Dumping Agreement", the Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade of 1994, adopted by Law No. 24,425,
(b) "Agreement on Subsidies", the Agreement on Subsidies and Countervailing Measures, adopted by Act No. 24,425,
(c) "The Undersecretariat", the SUBSECRETARIA OF EXTERIOR TRADE, under the SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA of the MINISTERY OF ECONOMY AND PUBLIC SERVICES,
(d) "The Commission", the NATIONAL COMMISSION ON EXTERIOR TRADE, a non-concentrated body within the framework of the SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA of the MINISTERY OF ECONOMY AND PUBLIC SERVICES, and
(e) "Product", similar product referred to in Article 2.6 of the Dumping Agreement and Note 46 of Article 15.1 of the Subsidies Agreement.
PART II
CHAPTER 1 - REQUEST FOR INVESTIGATION
Art. 3o- The application for the initiation of investigation by dumping or subsidy shall be submitted in writing in original and UNA (1) copy, each with the corresponding magnetic support (diskette) of support, by the branch of the national production that feels affected by the alleged dumping or subsidy, or of whom it represents, the Delegation of the Bureau of Entry and Notifications to the SECRETARIAT OF INDUSTRIA, COMMERCY and MINERIA, to be forwarded through the delegation Dispatch the original presentation and UN (1) diskette to the Undersecretariat, and the certified copy with its back diskette to the Commission, within the improbable term of THREE (3) working days.The request shall be submitted in accordance with the guidelines, requirements and formalities established by the Under-Secretary-General and the Commission, and shall include sufficient evidence:
(a) dumping or subsidy,
(b) significant harm or threat of harm important to a branch of national production or a significant delay in the creation of this branch, and
(c) of the causal relationship between the two.
The applicant must also give a firm justification for the representativeness that it invokes, accompanying to the effect, if possible, certification of the corresponding Association, Chamber or Federation regarding its percentage participation in the industrial sector that constitutes and accredits the production of the similar product.
Applications submitted on behalf of the branch of national production may be made by Chambers or Associations of Producers representing the sector of the national industry that is affected by the alleged dumping or subsidy.
Those concerned may, prior to their submission, seek advice on the required formalities, in areas to be determined by the Under-Secretary-General and the Commission and in relation to their respective competencies.
Art. 4o- The Undersecretariat shall, within a period of CINCO (5) days, and taking into account the observations made by the Commission within three (3) days, intimate the applicant for the purpose of subscribing the deficiencies that might exist in the request.Failure to register the application for errors in form or omissions, or terminated within the time limit of CINCO (5) days to be agreed upon, the Undersecretariat shall continue to proceed with the proceedings prior to communication to the Commission; otherwise the submission shall be withdrawn and its corresponding file shall be proceeded, and such end shall be notified to the applicant and the Commission.
At the time of the decision to accept the application, the Undersecretariat and the Commission shall designate DOS (2) persons per agency, which shall be intended to form a liaison commission for the investigation procedure initiated with that request, having the same to represent such agencies in communications and notifications deemed appropriate to be issued between them, in order to expedite and effectively fulfil the objective of the request.
Art. 5o- As to the definition of similar national product, the Commission shall submit a report to the Undersecretariat within the ten (10) days after the communication referred to in article 4 of this Decree, about the existence of a similar national product being understood for this purpose: an identical product, that is to say a product equal in all aspects to the product concerned or, where there is no such product, another product which, although not equal in all aspects, has characteristics very similar to that of the product considered.The Undersecretariat shall issue itself on the basis of the report. In the event that the similar national product is not verified, or if additional clarifications on the same product are required, they are not satisfactorily completed, the Undersecretariat shall, after communication to the petitioner and the Commission, file the proceedings.
Art. 6o- The Undersecretariat shall, within the time limit of TEN (10) days from the date of receipt of the report referred to in Article 5 of this Decree, be issued concerning the representativeness of the applicant by making the respective communication to the Commission.To this end, the Undersecretariat shall, where appropriate, analyse the origin of the accompanying certifications and may also conduct consultations with national producers to verify whether the percentages of representativeness required by the Dumping Agreements and on Subsidies as appropriate are met.
If it is determined that the applicant is not representative of the branch of national production, the Undersecretariat, after communication to the latter and to the Commission, shall proceed to dismiss the application by filing the proceedings without further processing.
Art. 7o- The Undersecretariat shall examine the accuracy and relevance of the evidence submitted with the request for dumping or the subsidy to determine whether they are sufficient to justify the initiation of an investigation and shall inform the Secretary of Industry, Trade and Mining within the TREINTA and CINCO (35) days from the date of receipt of the report referred to in Article 5 of this Decree, communicating also its conclusions to the Commission. Art. 8o- The Commission shall examine the accuracy and relevance of the evidence presented in the request regarding the damage caused by the reported imports in order to determine whether they are sufficient to justify the initiation of an investigation and shall report to the Secretary of Industry, Trade and Mining on the existence or not of damage, within the TREINTA and CINCO (35) days from the date of receipt of the report referred to in article 5 of the present Decree, as well as its conclusions.The Commission, with the report of the Undersecretariat and its own, will prepare the Report of Relation of causation within a maximum period of THRE (3) days and will bring it to the Secretary of Industry Trade and Mining, forwarding a copy of it to the Undersecretariat.
The Undersecretariat, once received the copy of the Report on Relation of Causality and within a period of CINCO (5) days, will elevate to the Secretary of Industry, Trade and Mining its recommendation regarding the opening of the investigation to be resolved, evaluating the other circumstances in relation to the general foreign trade policy and the public interest.
Art. 9o- The Undersecretariat and the Commission may require additional information to the petitioner, for the purpose of preparing the reports referred to in articles 7 and 8 of this Decree. The petitioner shall have CINCO (5) days since he is notified to provide the information required, the time period determined in Articles 7 and 8 of this Decree shall be suspended. Art. 10.- The Secretary of Industry, Trade and Mining, having received the reports referred to in articles 7 and 8 of this Decree, within the time of TEN (10) days, shall decide on the origin or improcedence of the opening of investigation. Art. 11.- The Undersecretariat shall notify the representative of the Government of the exporting country concerned of the decision of the Registrar to proceed with the opening of investigation.In the event of a request for research on subsidies, after receiving a duly documented request and before proceeding to open the investigation, the Undersecretariat shall notify the Government of the country of origin or export concerned, and the Government shall be invited to consult to clarify the situation and reach a mutually agreed solution, pursuant to Article 13.1 of the Subsidies Agreement.
In this case, the Undersecretariat shall accompany together with its recommendations, the detail, scope and evaluation of the consultations under this article.
Art. 12.- The applicant may, prior to the commencement of the investigation, report his decision not to maintain the application submitted, in which case the application shall be dismissed, in the terms provided for in article 67 of Decree No. 1759/72. Art. 13.- The resolution shall contain the necessary elements to ensure the correct identification of the product concerned, the origin of the product, the period under investigation in accordance with article 17 of the present, the basis of the allegation of dumping contained in the request, or a description of the practice of subvention to be investigated, a summary of the factors on which the claim of the damage, the relation of causality, the date from which the decision shall enter into force, to whom they are to be addressed the presentations made by the parties concerned and the deadlines given to the parties concerned to make their views known, as well as the instructions to the General DIRECTION of ADUANAS under the FEDERAL ADMINISTRATION OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES deemed necessary. Art. 14.- Any opening resolution of an investigation shall be forwarded by the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES within the CINCO (5) days of its dictation to the NATIONAL DIRECTION OF THE OFFICIAL REGISTER under the MINISTERY OF JUSTICE, in order that it be published in the Official Gazette within the maximum period of CINCO (5) days from the date of reference. Art. 15.- The Undersecretariat shall promptly communicate the resolution that decides the origin or improce of the opening of an investigation, both to the Government of the country concerned whose products are investigated, as well as to the petitioner and other interested parties, whose interest is known on the basis of the background of the proceedings.Respecting the confidentiality of information, will facilitate known exporters and the country authorities exporter so request the full text of the application submitted pursuant to article 3 of this Decree, which shall also be made available to the other parties concerned at their request. When the number of exporters involved is particularly high, the full text of the request will only be made available to the authorities of the exporting country.
Art. 16.- The Secretary of Industry, Trade and Mining may proceed to open office when he possesses sufficient evidence to establish, under the provisions of the Dumping Agreement or on Subsidies, as appropriate, and of this Decree, the existence of dumping or subsidy, damage and the causal relationship between the two. Prior to such a resolution, it shall request the Undersecretariat and the Commission for the reports referred to in articles 7 and 8 of this Decree.CHAPTER 2 - DEVELOPMENT OF INVESTIGATION
Art. 17.- The data to be used for the determination of dumping or subsidy will be collected at least during DOCE (12) months prior to the month of the investigation opening. In the event that sufficient elements for the analysis are not available, the time limit mentioned may be reduced to a minimum of SEIS (6) months. The data collection period for damage determination will normally be from TREINTA and SEIS (36) months prior to the month of investigation opening. All of this, without prejudice to the fact that the Undersecretariat and the Commission may request information for a longer period of time. Art. 18.- Solved the opening of the investigation, the Undersecretariat and the Commission may require all the information necessary for the substance of the investigation, by sending questionnaires to the producers, exporters and importers, who will provide proof that they intend to apply.The questionnaires shall be considered received one week after the date on which they have been sent to the recipient or transmitted to the competent diplomatic representative of the exporting country or, in the case of a different customs territory Member of the O.M.C., an official representative of the exporting territory.
The questionnaires, together with the supporting documentation, the accreditation of the legal personry and the establishment of a special address within the Federal Capital radio, shall be forwarded to the Undersecretariat and/or to the Commission within the TREINTA (30) days, counted from the date of receipt by the person concerned, also attaching the corresponding version in diskette.
The aforementioned documentation must be completed in the Castilian language, or, where appropriate, have the corresponding translation made by registered public translator. In the same vein, it must have the relevant official certifications.
The Under-Secretariat and/or the Commission may, at the request of a party, grant extensions to the deadline for the submission of information, taking into account the time frames for investigation, and provided that the party adequately justifys the particular circumstances for such extension.
In the submission of the questionnaires to those concerned, it should be stated that in the event of no response to them, or of this partial nature, the requesting Authority shall use the best available information. For both dumping and subsidy investigations, in respect of the term "best available information", the provisions of Annex II to the Dumping Agreement shall apply.
Art. 19.- Upon receipt of the questionnaires, the Undersecretariat and the Commission shall proceed to review the questionnaires and, if necessary, request that the omissions in which it has occurred be corrected and the corresponding clarifications be made within the time limit of QUINCE (15) days after receipt.The Undersecretariat and the Commission shall determine the date to which the questionnaires and their clarifications will be received and added, in order to be taken as the basis for the preliminary determination. Such clarifications and/or corrections, as well as the evidence received subsequently, may be considered, if appropriate, at the next stage of the investigation.
Art. 20. After the opening of the investigation and before the lifting of the final determination report, the Undersecretariat and/or the Commission may summon interested parties to the hearing in order to:(a) may be interrogated by the convening agency on matters arising from the proceedings,
(b) to question or challenge their counterparts with regard to the data and evidence presented;
c) accompany their conclusions in writing.
The call, without prejudice to the notifications that can be made directly, must be published in the Official Gazette by the convocating agency with, at least, TEN (10) days in advance of the date of its realization, and should be indicated in all cases the topic to be addressed.
In the event that during the hearing the decision was made to deal with any point that was not included in the agenda, the consent of the present person shall be required, on a pre-treatment basis.
At the end of the hearing, a record of the development of it will be broken.
Declared the closure of the probationary period, prior to the arrival of a final determination that will serve as the basis for the decision to apply or not measures, the parties will be able to examine all information available for a period not less than TEN (10) days, so that they can exercise the defence of their interests, having as essential facts acted to that instance.
Art. 21.- The Undersecretariat and the Commission may carry out in the area of their respective competences, once the investigation has been opened, "in situ" investigations in the country or abroad for the purpose of obtaining more information and/or verifying the information provided by one party. Art. 22.- The Undersecretariat or the Commission, for the purposes of "in situ" investigations abroad, shall have the prior conformity of the interested party and the Government of the country concerned.The Undersecretariat and the Commission shall notify the party concerned in good time, indicating the general nature of the information to be verified, as well as whether additional information will be required.
If the party or the Government of the foreign country did not agree to the "on-site" investigation, or if they did not cooperate with it, the Undersecretariat or the Commission will use the best available information to complete the investigation. For both dumping and subsidy investigations, in respect of the term "best available information", the provisions of Annex II to the Dumping Agreement shall apply.
After the "on-site" investigation is completed, a record of the actions to be incorporated into the proceedings will be lifted. The record must be signed by the party investigated or its legal representative and the (the) official(s) involved, and a copy must be given at the request of that party. The same will have TEN (10) days both to object and to present the supplementary information that had been requested on the occasion.
Where the investigated party alleges that certain information is confidential, the officer in charge of the proceedings shall decide on the "ad referendum" confidentiality treatment of the declaration subsequently made by the competent authority. If the request for confidentiality is not made, the party under investigation may withdraw such information.
Art. 23.- The Undersecretariat or the Commission, for the purposes of "in situ" investigations in the national territory, shall notify the party with TEN (10) days in advance, indicating the general nature of the information to be verified, as well as if it will be necessary to provide additional information.The Undersecretariat and the Commission shall have the prior authorization of the party to conduct the "in situ" investigation. If the party refuses or does not cooperate with the investigation, the Undersecretariat or the Commission will use the best available information to complete the investigation. For both dumping and subsidy investigations, in respect of the term "best available information", the provisions of Annex II to the Dumping Agreement shall apply.
After the "on-site" investigation is completed, a record of the action will be lifted, which will be incorporated into the proceedings. The record must be signed by the party investigated or its legal representative and the (the) official(s) involved, and a copy must be given at the request of that party. The same will have CINCO (5) days both to object and to present the additional information that had been requested on the occasion.
Where the investigated party alleges that certain information is confidential, it shall be incorporated into a separate record that shall be treated confidential until the Undersecretariat or the Commission settles under article 24 of this Decree. If the request for confidentiality is not made, the party under investigation may withdraw such information.
Art. 24.- The Undersecretariat and the Commission shall decide on requests for the confidentiality of the information submitted by the parties, within a period not greater than CINCO (5) days from the time that all requirements for a final analysis of the order are met. At the same time, the party concerned shall provide the justification of its request, as well as the non-confidential summaries of the information for which it is requested, or the explanation of the reasons preventing it from submitting the above summaries.Where the Undersecretariat or the Commission is issued for the confidentiality of information, the relevant pages shall be disaggregated from the proceedings and their access shall be limited exclusively to officials assigned to the investigation.
Where a satisfactory summary is not provided or there are no compelling reasons for the inability to provide such a summary, such information shall not be taken into account.
Art. 25.- The Secretary of Industry, Trade and Mining shall terminate the investigation, at any stage of the investigation, when it is informed by the Undersecretariat or the Commission, as appropriate, that there is insufficient evidence of dumping or subsidy, or that the dumping margin or subsidy amount, or the volume of current or potential imports are insignificant or "de minimis", as provided for in Article 5, paragraph 8 of the Dumping Agreement, paragraph 9CHAPTER 3 - PROVISIONAL MEASURES
Art. 26.- The Commission, after DOS (2) months of the opening and prior to the CUATRO (4) months after the opening, will inform the Secretary of Industry, Trade and Mining if there are preliminary results that allow the existence of damage to national production because of the imports under investigation, also communicating its findings to the Undersecretariat.The Undersecretariat shall report to the Secretary of Industry, Trade and Mining if there are preliminary results that allow the existence of dumping or subsidies by communicating its findings to the Commission.
The Commission, with the reports quoted in the preceding paragraphs, shall prepare the Report of Relation of causation within a maximum period of TEN (10) days and shall raise it to the Secretary of Industry, Trade and Mining, forwarding a copy thereof to the Undersecretariat.
The Undersecretariat for Foreign Trade, once received the Report on the Relation of Cause and within 10 days, will elevate the Secretary of Industry, Trade and Mining, her recommendation on the interim measure to be adopted, evaluating the other circumstances related to the general foreign trade policy and the public interest.
The Secretary of Industry, Trade and Mining, and in the event of proceeding, shall refer the matter to the knowledge of the Minister of Economy and Works and Public Services.
The Minister of Economics and Public Works and Services, who received the conclusions of the Secretary of Industry, Trade and Mining, shall resolve the origin of provisional measures.
Art. 27.- The resolution imposing provisional measures should contain:(a) the names of producers/exporters or, where this is not feasible, of the supplying countries concerned,
(b) a description of the product that is sufficient for customs purposes;
(c) the established dumping margins or the established amount of the subsidy,
(d) Considerations relating to the determination of the existence of harm,
(e) the main reasons for the determination,
(f) The quantification of interim measures,
(g) the relevant instructions to the General Directorate of ADUANAS under the FEDERAL ADMINISTRATION OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, and
(h) the date of its entry into force.
Where preliminary determinations are negative, resolutions should contain de facto and law issues where the Secretary of Industry, Trade and Mining based his conclusions.
Art. 28.- Any resolution that applies or denies the application of provisional measures shall be forwarded by the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES within the CINCO (5) days of its dictation to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION under the MINISTERY of JUSTICE, in order that it be published in the Official Gazette within the time of CINCO (5) Art. 29.- The Undersecretariat shall communicate to all interested parties the adoption of provisional measures within the TEN (10) days following the publication of the event in the Official Gazette.CHAPTER 4 - DEFINITIVE MEASURES
Art. 30.- The Commission within DOSCIENTOS (200) days after the opening of the investigation shall inform the Secretary of Industry, Trade and Mining of the existence of damage to national production due to the imports under investigation, and shall also communicate its findings to the Undersecretariat.The Undersecretariat within the DOSCIENTOS (200) days after the opening of the investigation will inform the Secretary of Industry, Trade and Mining about the existence of dumping or subsidy by communicating its findings to the Commission.
Where reasons of technical complexity require further analysis, the Undersecretariat or the Commission may extend the time limit, especially taking into account the maximum expected time to complete the investigation.
The Commission, with the reports quoted in the preceding paragraphs, shall prepare the Report of Relation of causation within a maximum period of TEN (10) days and shall raise it to the Secretary of Industry, Trade and Mining, forwarding a copy thereof to the Undersecretariat.
The Undersecretariat for Foreign Trade, once received the Report on Relation of Cause and within 10 days, will raise to the Secretary of Industry, Trade and Mining, its recommendation on anti-dumping or countervailing duties to apply, evaluating the other circumstances in relation to the general foreign trade policy and the public interest.
The Secretary of Industry, Trade and Mining shall issue himself on the origin or not of the application of a final measure, raising the issue to the consideration of the Minister of Economy and Public Works and Services.
The Minister of Economics and Public Works and Services shall issue the final resolution by establishing or denying the application of anti-dumping or countervailing duties.
The investigation shall normally be completed within DOCE (12) months after the date of its inception.
The period provided for in the preceding paragraph may be extended to a maximum period of DIECIOCHO (18) months when the complexity of the case so requires.
Art. 31.- Resolutions imposing final measures should contain all relevant information on de facto and law issues and the reasons for imposing such measures, in particular the information provided for in article 27 of this Decree.Resolutions containing final determinations, denying the application of anti-dumping or countervailing duties, shall detail the factual and law issues in which the Minister of Economy and Public Works and Services based his conclusions.
Art. 32.- Resolution of investigation closure, in which anti-dumping or countervailing measures are taken or not, It must be forwarded by the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, to the NATIONAL DIRECTION OF THE OFFICIAL REGISTER under the MINISTERY of JUSTICE, in order that it be published in the Official Gazette within the period of CINCO (5) days from the date of its remission. Art. 33.- The Undersecretariat shall communicate to all interested parties the adoption or not of definitive measures within the TEN (10) days following the publication of the event in the Official Gazette.CHAPTER 5 - COMMITMENTS
Art. 34.- The Secretary of Industry, Trade and Mining, without prejudice to the provisions of Articles 8.4 of the Dumping Agreement and 18.4 of the Subsidies Agreement, may suspend or terminate investigations without imposition of provisional or final measures, if the offers of voluntary commitments that meet the issues of:(a) Review prices, or end exports at dumping prices,
(b) Eliminate the adverse effect of the subvention by the exporter; and
(c) Eliminate or limit the subsidy or take other measures in respect of its effects by the Government of the exporting country.
Art. 35.- The offer of commitment made by an exporter shall be presented to the SECRETARIAN OF INDUSTRIA, TRADE AND MINERIA, at any time, after the Commission has made the report of causal relationship between dumping and the preliminary determined damage referred to in article 26.Upon receipt of the offer, the SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA shall require an opinion from the Undersecretariat and the Commission on the feasibility of the proposed commitment, within the scope of their respective competences.
The Undersecretariat and the Commission shall have TREINTA (30) days from the requirement referred to in the preceding paragraph to produce the respective reports.
The Secretary of Industry, Trade and Mining shall have QUINCE (15) days counted from the receipt of the above-mentioned reports, to pronounce himself on the acceptance or not of the same being suspended, throughout the period provided for in this article, the procedural deadlines governing the investigation.
Art. 36.- The offer of commitment made by the Government of an exporting country must be presented to the SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA, at any time after a positive preliminary determination has been made.Upon receipt of the offer, the SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA shall require an opinion from the Undersecretariat and the Commission on the feasibility of the proposed commitment, within the scope of their respective competences.
The Undersecretariat and the Commission shall have TREINTA (30) days from the requirement referred to in the preceding paragraph to produce the respective reports.
The Secretary of Industry, Trade and Mining shall transmit his conclusions regarding the reports of the Undersecretariat and the Commission to the Minister of Economics and Works and Public Services within the period of QUINCE (15) days from the receipt of such reports.
The Minister of Economics and Public Works and Services shall rule on the acceptance or not of the commitment within the time limit of VEINTE (20) days from the receipt of the conclusions of the Secretary of Industry, Trade and Mining being suspended, throughout the period provided for in this article, the procedural deadlines governing the investigation.
Art. 37.- The suspension of an investigation for acceptance of a commitment should contain all relevant information on de facto and law issues and the reasons for their acceptance of the commitment. Art. 38.- The resolution of suspension or conclusion of an investigation by acceptance of a commitment shall be forwarded by the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES within the CINCO (5) days of its dictation to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION under the MINISTERY OF JUSTICE, in order that it be published in the Official Gazette (5) Art. 39.- The Undersecretariat shall notify, as soon as possible, the exporter who had proposed the commitment of the resolution of acceptance or rejection of it, and the Government of the exporting country that had proposed the commitment, within the maximum period of TEN (10) days counted since the publication in the Official Gazette, of the resolution of acceptance or rejection thereof. Art. 40.- The Secretary of Industry, Trade and Mining, on the proposal of the Undersecretariat, may suggest commitments, but no exporter shall be obliged to accept them.Chapter 6 - COBRO OF THE RIGHTS
Art. 41.- For the purposes of this Chapter, the term "anti-dumping or countervailing duty" means an amount in money equal to or below the dumping margin or the amount of the calculated, estimated and applied subsidy, in order to neutralize the harmful effects of dumping or the calculated subsidy. Art. 42.- Anti-dumping or countervailing duty, provisional or final, may be ad valorem or specific. The Implementation Authority may, for purposes of determining the appropriate anti-dumping or countervailing duty, establish Minimum Values of Export FOB. Art. 43.- Anti-dumping and countervailing duties and provisional measures determined under the Dumping or Subsidies Agreements, as appropriate, and this Decree shall be applicable from the date established in the respective resolution, without prejudice to the retroactivity of the final measures, as provided for in article 10 of the Dumping Agreement and in article 20 of the Subsidies Agreement. Art. 44.- The amount of the anti-dumping duty shall be fixed prospectively and shall not exceed the margin of dumping determined as a result of an investigation. Art. 45.- The amount of compensatory law shall be set in a prospective manner and shall not exceed the amount of the subsidy determined as a result of an investigation. Art. 46.- No product originating from the same country, imported into the ARGENTINA REPUBLIC, may be encumbered with anti-dumping and countervailing duties simultaneously, intended to remedy the same situation resulting from dumping or export subsidies. Art. 47.- Anti-dumping and countervailing duties, as appropriate, apply in addition to all other existing taxes on the import considered, which will continue to be governed by their respective legal regime. They will be supplemented by the rules applicable to import duties. Art. 48.- La GENERAL DIRECTION OF ADUANAS, dependent on FEDERAL ADMINISTRATION OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS shall produce, after the ruling issued in the Official Gazette by the Minister of Economy and Public Works and Services, the necessary instructions for the purpose of the collection of the corresponding anti-dumping or countervailing duty, in accordance with the determination in each case by the Authority of Application. Art. 49.- La GENERAL DIRECTION OF ADUANAS, dependent on FEDERAL ADMINISTRATION OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTS AND PUBLIC SERVICES, shall report monthly to the Undersecretariat and to the Commission the volumes and values of imports subject to anti-dumping and countervailing measures, disaggregated by origin and the amounts of perceive duties. Art. 50.- The calculation of the total ad valorem subsidy awarded to products exported to the ARGENTINA REPUBLIC shall be carried out in accordance with Annex IV of the Subsidies Agreement.The benefit for the recipient of a grant shall be determined on the basis of the information necessary to verify the existence of the following situations, including:
(a) The benefit resulting from government contributions to the social capital of companies that are not supported by investment decisions adopted following the usual practice of private investors in the member country, and
(b) benefits resulting from the granting of loans by the Government, for which the receiving company pays less than the amount it would pay if it should effectively obtain a comparable commercial loan on the market.
The calculation methodology should be determined in each case that arises in these terms when the application for the opening of an investigation is presented.
Art. 51.- Non-recurring subsidies shall be considered within the meaning of Article 8 of the Subsidies Agreement, to all measures that have been notified to the GLOBAL ORGANIZATION SUBVENTIONS AND COMPENSATORY MEASURES COMMITTEE. TRADE and had not been the subject of a negative report on compliance with the conditions set out in Article 8 of the Subsidies Agreement. Art. 52.- To ensure that the application of the anti-dumping duty does not exceed the actual margin of dumping, as provided for in Article 9.3.2. of the Dumping Agreement, any importer may request the refund of the amount paid in excess by submitting the corresponding evidence for this to the Undersecretariat.The request for return shall include all documentation relating to the export operations made to the ARGENTINA REPUBLIC for the country of origin or export, and, where appropriate, to the exporting or producer companies covered by the measure.
The Undersecretariat may also request any additional documentation that it considers necessary for the purposes of this article.
The Undersecretariat will evaluate the request and forward the relevant report to the Secretary of Industry, Trade and Mining for consideration, indicating the actual margin of dumping and the methodology that the General Directorate DE ADUANAS shall use to calculate the refund of the overpaid right.
The Minister of Economics and Public Works and Services, in the event of forming the assessment referred by the Secretary of Industry, Trade and Mining, shall issue the relevant resolution instructing the General DIRECTION OF ADUANAS to restore overpaid anti-dumping duties.
The return shall be made, after checking the veracity of the requested, normally within a period of DOCE (12) months and in no case greater than DIECIOCHO (18) months, from the date on which the importer has submitted his request for return properly supported in evidence.
Art. 53.- In the cases and conditions provided for in Articles 9.5 of the Dumping Agreement and 19.3 in fine of the Subsidies Agreement, any exporter or producer of the exporting country may request the determination of an individual dumping margin or the establishment of an individual compensatory right, as appropriate. To do so, it shall submit to the Undersecretariat the necessary information for this purpose.The Undersecretariat will inform the Secretary of Industry, Trade and Mining within the VEINTE SCIENT (120) days after the receipt of the request. The Secretary of Industry, Trade and Mining shall submit his findings to the Minister of Economy and Public Works and Services within the QUINCE (15) days after the receipt of the report. The Minister of Economy and Public Works and Services will be issued within the VEINTE (20) days later. The procedure established for the investigation by this Decree shall apply as appropriate.
CHAPTER 7 - DURATION AND REVIEW OF MEASURES AND COMMITMENTS
Art. 54.- Any final anti-dumping or countervailing duty shall remain in force only for the time and to the extent necessary to counter the dumping or subvention that is causing damage. However, they may not last more than CINCO (5) years counted from the date of imposition, or from the date of the last review, when it had covered a global analysis of dumping or subsidy and damage. Art. 55- Any resolution imposing a final measure, or any resolution endorsing a commitment, may be considered provided that one (1) year has elapsed from the establishment of such a final measure, or from the last revision, or from the adoption of the commitment, the request for consideration before the Under-Secretary.The review may include the need to maintain the right to neutralize dumping or subsidy, or the possibility that the damage would continue to occur or occur again if the right was suppressed or modified, or both jointly. If, as a result of the review, it is determined that the anti-dumping or countervailing duty is unjustified, it must be left without effect.
Art. 56.- The global review will cover both dumping or subsidy and damage, and the request must be submitted to the Undersecretariat. Art. 57.- Examinations for changing circumstances and globalities may be carried out on their own, for which the Secretary of Industry, Trade and Mining shall request the Undersecretariat or the Commission, or both, to be issued in the orbit of their respective competences regarding the maintenance, modification, or removal of the measure. Art. 58.- The exams will be done quickly, ending inside of a period of NUEVE (9) months following the date of its initiation. The procedure to be followed shall ensure the participation and provision of evidence by the parties concerned.The period provided for in the preceding paragraph may be extended to a maximum period of DIECIOCHO (18) months, when the complexity of the case so requires.
The review procedure shall apply, as appropriate, the provisions of this Decree for the investigation procedure.
Art. 59.- In exceptional cases of substantial changes in the circumstances, or where it is of the interest of the Implementation Authority, it may, in its view, perform reviews at a less than anticipated interval, on its own initiative or on the request of the party concerned. Art. 60.- The Commission shall submit its damage report and the Subsecretariat shall submit its findings with respect to dumping or subsidy, forwarding a copy thereof to the Commission.The Commission, with the reports quoted in the preceding paragraphs, shall prepare the Report of Relation of causation within a maximum period of TEN (10) days and shall raise it to the Secretary of Industry, Trade and Mining, forwarding a copy thereof to the Undersecretariat.
The Undersecretariat for Foreign Trade, once received the Report on the Relation of Causality and within the time of TEN (10) days, will elevate the Secretary of Industry, Trade and Mining, her recommendation on the final measure to be adopted, evaluating the other circumstances in relation to the general foreign trade policy and the public interest.
The Secretary of Industry, Trade and Mining, and within the QUINCE (15) days of receipt of the reports, shall transmit his opinion to the Minister of Economy and Public Works and Services for the purpose that the latter adopts the measure that it considers appropriate and appropriate.
The Minister of Economics and Public Works and Services shall decide on this matter in accordance with the deadline set out in article 58 of this Decree.
The Undersecretariat and the Commission shall have a time limit of THINK DAYs (180) days, counted from the receipt of the request for a proper review submitted by an interested party, or from the request made by the Secretary of Industry, Trade and Mining, to prepare and submit the reports referred to in paragraph 1 of this article.
When reasons of technical complexity motivate a greater analysis, or in the case of global examinations, the period provided for in the preceding paragraph may be extended to a maximum of DOSCIENTOS CUARENTA (240) days.
CHAPTER 8 - RESOURCES
Art. 61.- The parties concerned may challenge, by court, any administratively appealable decision after such administrative proceedings have been exhausted, in accordance with the provisions of the following article.In the case of the filing of judicial appeal by the interested party, and at the request of the intervening judge, the Requested Application Authority shall transmit a certified copy of the respective proceedings.
Art. 62.- Measures imposing or denying the application of provisional or final anti-dumping or countervailing duties shall be resorted to, and decisions suspending, denying, revoking or terminating investigations. The remaining decisions made during the investigation are irrecurrible.CHAPTER 9o - SMALLS AND MEDIA SIGNS - SMALLS
Art. 63.- The Undersecretariat will provide a Specialized Information Service for SMEs. Art. 64.- The functions inherent in the specialized information service for SMEs will consist of:(a) collaborate in the search for information necessary for the determination of the formal ends provided for in the legislation to proceed with the opening of the investigation; and
(b) To facilitate the access of SMEs to the domestic market data of the country of origin or of export required for the determination of the normal value through the Economic and Commercial Sections dependent on the MINISTERY OF FOREIGN RELATIONS, INTERNATIONAL TRADE and CULTO.
Art. 65.- For the purposes of the provisions of this chapter, SMEs shall be considered as those that fall within the provisions of the Resolution of the former Ministry of ECONOMY No. 401 dated 23 November 1989 and its amendments, Resolutions of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES No. 208 of 24 February 1993 and No. 52 of 13 January 1994, or those to replace them in the future.CHAPTER 10 - GENERAL CONSIDERATIONS
Art. 66- (Article Derogated by Article 8 of the Decree No. 1219/2006 B.O. 20/9/2006. Watch: from the day after the date of publication in the Official Gazette) Art. 67.- It will be understood that an existing measure is being eluded when:(a) Parts and/or parts of the product investigated for Argentina are exported, of which a product similar to the one investigated or
(b) A product similar to that investigated is exported to Argentina, resulting from the assembly or other operation carried out in a third country, parts and/or parts of the product investigated, or
(c) Any other practice which seeks to circumvent the corrective effects of the measure applied, in all cases reviewing a change in the characteristics of trade between third countries and Argentina, derived from a practice, process or work for which there is no adequate cause or economic justification other than the imposition of the law.
Art. 68.- The treatment of elusive practices will be developed on the basis of the main record collected in the investigation whose measure is eluded, forming a separate incident to that effect, in which the parties concerned will be intervened. Art. 69.- The analysis of the existence of elusive practices may be carried out by the Undersecretariat on an informal basis or at the request of the Subsecretariat with the intervention of the Commission and, if appropriate, other competent bodies.Applications by party should contain reasonable evidence of the elusive practice that is reported, without prejudice to any other information that may be required by the competent Authority of Implementation in due course.
Art. 70.- Formed by the incident, the Undersecretariat shall transmit a copy to the Commission, so that within SESENTA (60) days it shall be issued within the framework of its competence. Art. 71.- The Undersecretariat, on the basis of the Commission ' s report and other proceedings, shall issue its recommendation to the Secretary of Trade and Mining Industry, within a period of 40 days from the receipt of the Commission ' s report, for its knowledge and consideration. Art. 72.- In such cases, the Minister of Economy and Public Works and Services shall decide whether to extend anti-dumping or countervailing duties to be applied to imports of similar products or to parts thereof, from the same researched origin or third origins, as the case may be. Art. 73.- In cases of circumvention that are of particular complication, the expected deadlines may be extended in accordance with the Secretary of Industry, Trade and Mining. Art. 74.- Existing communications and evidence standards for investigations will be applied to elusion incidents.PART III
Art. 75.- The applicant, his or her co-sponsoring attorney or attorney may take into account the file during all its proceedings, with the exception of those proceedings, reports or opinions which have been declared confidential by the competent Authority.The other parties concerned, their proxy or sponsoring counsel, may take into account the case file, after the opening of the investigation, with the exception referred to in the preceding paragraph regarding confidential information.
Art. 76.- In cases where the publication in the Official Gazette is specifically provided, the publication shall be made for all purposes as a sufficient notification. The rest of the notifications shall be deemed to be made through any of the following means:(a) by direct access of the party concerned, its attorney or legal representative to the case file, with express record, upon justification of the identity of the notified,
b) by telegram glued, copied or certified, with delivery notice,
(c) by trade imposed as express certificate with notice of receipt, and
(d) by letter.
Art. 77.- The parties concerned, their agents or sponsoring counsels may withdraw copies of the file, in their charge, after the opening of the investigation and upon request made in writing, with the exception referred to in article 24 of this Decree regarding confidential information. Art. 78.- The time limits of this Decree shall be understood as working days, except for express provision to the contrary. Art. 79.- This Decree shall enter into force the QUINCE (15) days of its publication in the Official Gazette and shall apply to investigations and examinations of existing measures, initiated as a result of applications that have been submitted since the date of their entry into force. Art. 80.- The Undersecretariat shall be responsible for the investigation of the procedure for the application of anti-dumping or countervailing duties, without prejudice to the powers of instruction established by this Decree and Decree 766/94, to the Commission.The procedure for the application of anti-dumping and countervailing duties provided for in this Decree shall also be governed by the National Administrative Procedures Act No. 19.549 and the Regulations on Administrative Procedures - Decree 1759/72 T.O. 1991.
Art. 81.- Contact, post, give to the National Directorate of the Official Register and archívese.-MENEM.- Jorge A. Rodríguez.- Guido Di Tella. Roque B. Fernández.