Modifies Law No. 18,525, Relative To Price Distortions In Imports, To Establish A Procedure Of Safeguards In Accordance With The Marrakech Agreement

Original Language Title: MODIFICA LA LEY Nº 18.525, RELATIVA A DISTORSIONES DE PRECIOS EN LAS IMPORTACIONES, PARA ESTABLECER UN PROCEDIMIENTO DE SALVAGUARDIAS CONFORME AL ACUERDO DE MARRAKECH

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("Sole article.-Introducense the following amendments to the law No. 18,525: to) insert in subparagraph first item 4th, after the word"surcharges", removing the comma (,) that follows, the following:" referred to in article 9 or ".

(b) replace the article 9th by the following: "article 9.-when the circumstances provided for in article XIX of the General Agreement on tariffs and Trade 1994 and the agreement on safeguards of the World Trade Organization, the President of the Republic may, by Decree of the Ministry of finance, applied tariff surcharges ad valorem , prior favourable report of the Commission referred to in article 11.
The surcharges referred to in the previous subparagraph may be applied provisionally when the Commission determines that the circumstances provided for in article 6 of the agreement on safeguards of the World Trade Organization attend. To perform these determinations, the Commission shall have a period not exceeding 30 days, from the initiation of the investigation.
The Commission may initiate research to written request submitted by the domestic industry affected by the serious injury or threat thereof. For these purposes refers to domestic industry as indicated in paragraph 1, letter c) of article 4 of the agreement on safeguards of the World Trade Organization. You can also launch investigations ex officio where available precedents which justify it.
The entry into force of the surcharges referred to in this article shall not exceed one year, including the period of provisional application of the measure. However, this period may be extended for a period not exceeding one year, and only once, when the circumstances that gave rise to his application, persist which will also require the favorable report of the Commission referred to in subsection. The extension of the surcharge must contemplate a schedule of gradual dismantling, unless exceptional circumstances duly validated by the Commission.
To apply a surcharge, in addition to the existing tariff, it is superior to the consolidated tariff level in the World Trade Organization, it will require the approval of three-quarters of the members of the aforementioned Commission.
The application of the emergency or safeguard measures provided for in trade agreements shall be governed, with supplementary character, by the standards of this article and its regulations. In the event of inconsistency between the rules and standards contained in such agreements, shall prevail to the extent of the inconsistency the latter.
When compensation is agreed with another country as a result of the application of a safeguard measure, the President of the Republic may, by Supreme Decree of the Ministry of finance and the period in which the measure is applied lower tariffs or accelerate the tariff reduction provided for in the relevant trade agreement.
The President of the Republic may, by Supreme Decree of the Ministry of finance, increase tariffs on goods from another country, when it failed to agree appropriate compensation for the application of a safeguard measure, by that country, to Chilean goods. ".
(c) disposed of in article 10, the sentence that begins with "surcharges of" and that ends with "24% ad valorem,".
(d) delete article 10, final part, the expression "these surcharges,", between the words "apply" and "anti-dumping duties".
(e) in the fifth subparagraph of article 11, delete the word "surcharges", and replaced the phrase "minimum customs values" by the word "surcharges".
(f) replace the tenth paragraph of article 11 with the following: "The Commission shall meet allegations regarding the implementation of the agreement on subsidies and countervailing measures, the agreement on implementation of article VI of the General Agreement on tariffs and Trade 1994 and the agreement on safeguards, which are part of the Marrakesh agreement which establishes the World Trade Organization.". ".