Special Law Trade Defence.

Original Language Title: LEY ESPECIAL DE DEFENSA COMERCIAL.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-de-defensa-comercial/archivo_documento_legislativo



1 Decree N ° 212 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-which according to the article 101 of the Constitution of the Republic of El Salvador, the State will promote economic and social development through the increase in production, productivity and the rational use of resources.
II. existing international standards, such as multilateral agreements promoted by the World Trade Organization ("WTO") and the Central American technical regulations, which lays commercial defence measures as anti-dumping, countervailing and measures safeguard measures, acting against unfair trade or increased imports of goods or the conditions that generate them that they cause or threaten to cause injury to domestic producers, whether material injury in cases of unfair trade practices, or serious damage in cases of increased imports.
III. that pursuant to the above, it is necessary to create a special regulation, which establishes mechanisms and procedure so that the country has the means to protect sensitive national industries economically and socially.
Therefore, on the initiative of the President of the Republic, by the Minister of the economy and use of his constitutional powers.
DECREES the following: law special of Defense commercial title I Chapter single object, scope and competence object article 1.-the present law aims to establish mechanisms and procedures of protection and protection against unfair trade practices, as well as the establishment of safeguard measures for imports of goods, in such quantity or conditions that cause or threaten to cause serious or important damage to producers of like or directly competing products.

2 scope of application article 2.-are subject to the provisions of this law, all imports of goods originating or coming from countries members of the World Trade Organization and non-members, carried out by natural or legal persons when the same may cause injury or threat of injury to a domestic industry or a delay in the creation of the same.
Authority researcher article 3.-the Ministry of economy, through the Directorate responsible for the implementation of international trade agreements, currently called Department of administration trade agreements, hereinafter the investigating authority, will be the entity responsible for meet requests for research relating to the application of trade defence measures, to carry out investigations , and where appropriate, propose to the Minister of economy, the application of anti-dumping duties, countervailing duties, measures of safeguard or other measures that are applicable in accordance with its powers.
Also, will correspond to the investigating authority, meet with regard to the application of trade defence measures provided for in the trade agreements signed by El Salvador.
The investigating authority will participate in the legal defense of the resolutions that are issued when activated the mechanisms of dispute resolution set out in the trade agreements, of which El Salvador is a party, or the World Trade Organization.
Also, it will provide assistance to domestic exporters involved in investigations by unfair trade practices and measures of safeguards handled by foreign countries.
Title II chapter unique definitions definitions applicable to investigations into practices unfair of trade article 4.-for the purposes of this Act, means: to) total amount of the subsidy: the absolute monetary value expressed in dollars of the United States of America, of the benefit received by the recipient of a grant or subsidy program;
(b) damage: significant harm or a threat of injury to a domestic industry or retardation of the establishment of this branch of national production;

(3 c) right anti-dumping: complementary law ad valorem nature temporary, unlike a tariff duty on imports that is applied to imports at dumped prices, causing injury or threat of injury to the domestic industry;
(d) countervailing duty: complementary law ad valorem nature temporary, unlike a tariff duty on imports and applies on subsidized imports causing injury or threat of injury to the domestic industry;
(e) dumping: selling a product on the market of an importing country, at a price lower than its normal value is sold to which in the domestic market of the exporting country, either the origin or the provenance;
((f) interested parties: 1 °) exporters or foreign producers of the product under investigation;
2 °) the importers of the product under investigation;
3 °) trade or business associations where the majority of the members are producers, exporters or importers of the product under investigation;
4 °) the Governments of exporting countries;
5 °) the producers of the like domestic product;
6 °) trade or business associations in which the majority of the members produce the like domestic product; and, 7 °) others which can be admitted at the discretion of the investigating authority.
(g) unfair trade practices: dumping and subsidies;
(h) product under investigation: imported product subject to an inquiry into measures of unfair trade practices;
(i) similar national product: the product produced by the domestic industry that is identical, or when there is such a product, another product which has characteristics very similar to the imported product subject to dumping or a subsidy;
(j) domestic industry: the set of domestic producers of the like domestic product, or those of them whose collective output of the product constitutes a major proportion of the total domestic production of that product;

4. However, when producers are related to exporters or importers or are themselves importers of the product under investigation of course dumping or subsidy, the term domestic industry, refer to the rest of the producers.
For the purposes of this definition, it shall be deemed that the producers are related to exporters or importers in the following cases: 1 °) if one of them controls directly or indirectly the other;
2 °) if both are directly or indirectly controlled by a third person;
or 3 °) if together control directly or indirectly to any third party.
The above, always there are reasons to believe that the effect of the linkage is of such a nature, that motivates them on the part of the producer considered a behavior different from the unrelated producers. Shall be considered that a person controls to another, when the first legal or operationally in situation impose limitations or go to the second.
(k) national producer: any person, natural or legal, Salvadoran or foreign, that produces goods or provides services and residing in El Salvador; and l) grant: a sum of money charged to public funds, or tax concessions granted to an enterprise or industry or group of enterprises or industries, to help them to keep down the price of a product.
Definitions applicable to investigations by measures of safeguard article 5.-for the purposes of this Act, means: to) threat of serious injury: the clear imminence of damage serious;
(b) serious harm: a significant overall impairment of the situation of a national industry;
(c) safeguard measure: complementary law ad valorem nature temporary, unlike a tariff duty on imports, and that applies to prevent or remedy the serious injury or threat of serious injury to a domestic industry, caused by the increase in imports, in order to facilitate their adjustment. It can also consist of a quantitative restriction that is expressed through an import quota;

(5 d) stakeholders: 1 °) the exporters and foreign producers of the product under investigation;
2 °) the importers of the product under investigation;
3 °) trade or business associations where the majority of the members are producers, exporters or importers of the product under investigation;
4 °) the Governments of the exporting countries;
5 °) producers of the domestic like product or directly competitive domestic products; and, 6 °) trade or business associations where the majority of the members are producers of the domestic like product or directly competing domestic products.
(e) adjustment plan: conversion plan, presented by the national industry to overcome the circumstances alleged as the cause of the serious injury or threat of serious injury;
(f) product under investigation: product imported, subject to an investigation on safeguard measures;

(g) similar product: the product produced by the domestic industry, which is identical or having characteristics very similar to the imported product subject to investigation;
(h) directly competitive product: product which are not similar to comparison, fulfills the same functions of this, satisfies the same needs and is commercially substitutable; e, i) domestic industry: the set of producers of similar or directly competitive products operating within the national market; or those whose collective output of the like or directly competing products constitutes a minimum 25 percent of the total domestic production of those products.

6 Title III substantive rules on unfair practices of trade chapter I of dumping section first determination of the value Normal value Normal on the basis of the price in the exporting country article 6.-the normal value is the comparable price for the like product when it is destined for consumption in the country of origin in the course of normal business operations.
When a commodity is exported to El Salvador from an intermediary country, not directly from the country of origin, the normal value will be the comparable price of identical or similar goods in the country of origin.
However, when the goods in question only transit, there is, or there is no comparable price in the country of export, among other situations, normal value shall be determined on the basis of the price in the market of the country of origin.
Value Normal on the basis of a reconstructed value or the price of export to a third country appropriate article 7.-when the similar product is not subject to sales in the ordinary course of trade on the domestic market of the country of origin, or when, because of a special situation of the market and the low volume of the sales in the domestic market of the country of origin (, such sales do not permit a proper comparison, the investigating authority will determine the normal value of the product under investigation, on the basis: to) the cost of production in the country of origin plus a reasonable amount for administrative, selling and General as well as profit; or b) of a comparable price of the like product, when it is exported to an appropriate third country, provided that this price is representative.
Shall be regarded as one sufficient quantity to determine the normal value, the sales of the like product destined for consumption in the domestic of the country of origin, or sales to a third country in appropriate, if such sales represent 5% or more of the sales of the product under investigation to El Salvador.

7 Notwithstanding the provisions of the preceding paragraph, is may accept one smaller percentage, when there is evidence showing that the sales in the domestic market, although they represent one smaller percentage, are of sufficient magnitude to allow a proper comparison.
Sales made in the course of operations commercial normal article 8.-it should be understood by sales made in the ordinary course of business, those that are carried out under market conditions in the country of origin, and which have been made regularly, or within a period of one year, between independent sellers and buyers.
Sales at price below cost article 9.-the sales of the like product in the domestic of the country of origin, or sales to a third country in appropriate, at prices lower than the fixed and variable unit costs of production plus administrative charges of sale and general, are not considered as carried out in the ordinary course of trade by reason of price and shall not be taken into account in the calculation of the normal value if it determines (that such sales have been made: a) for a period of six months to one year;
(b) in substantial quantities; and, c) at prices that do not allow to recover all costs within a reasonable period of time.
For the purposes of this article, it shall be deemed that sales at prices lower than the unit costs in substantial amounts, have been made when the investigating authority established: 1 °) that the weighted average selling prices of the considered operations for the determination of normal value, is less than the weighted average of unit costs; or, 2 °) that the volume of sales made at prices below unit cost represents twenty percent or more of the volume sold in the transactions considered for the calculation of the normal value.
If the prices below unit costs at the time of sale are above weighted average unit costs for the period under investigation, the investigating authority will consider that those prices allow to recover the costs within a reasonable period of time.

8 calculation of the costs article 10.-the investigating authority to calculate costs based on the records that the exporter or producer under investigation, provided that such records are in accordance with accounting principles generally accepted in the exporting country and reasonably reflect the costs associated with the production and sale of the like product.
The investigating authority shall take into consideration all the available evidence that the attribution of costs has been adequate, including that the exporter presents or producer in the course of the investigation, provided that these accusations have been used by the exporter or producer in relation to establishing appropriate amortization and depreciation periods and deductions in respect of capital expenditure and other development costs.
The investigating authority will properly adjust costs to take into account the items of non-recurrent expenses which benefit future and/or current production, or to take into account the circumstances in which the costs for the period of investigation have been affected by start-up operations underway. The setting is carried out by the operations underway will reflect costs at the end of the implementation period up or, if this extended beyond the period of investigation, the most recent costs which the investigating authority could reasonably take into account during the investigation.
The amounts for administrative, selling and General, as well as the concept of benefits, will be based on actual data relating to the production and sales of the like product in the ordinary course of trade carried out by the exporter or the producer under investigation. When those amounts may not be determined on this basis, may be determined on the basis of: to) the actual amounts incurred and realized by the exporter or producer in question in relation to the production and sales in the domestic market of the country of origin of the same general category of products;
(b) the weighted average of the actual amounts incurred and realized by other exporters or producers subject to investigation in relation to the production and sales of the like product in the domestic market of the country of origin; or, c) any other reasonable method, provided that the amount benefits established in this way, does not exceed the profit normally by other exporters or producers on sales of products of the same general category in the domestic market of the country of origin of the like product.
Countries that are not market art. 11 economy-where the exporter of the product under investigation is not of market economy, the investigating authority may determine the normal value on the basis of the: 9) comparable price in the ordinary course of trade, for the like product destined for consumption in a country of market economy;
(b) comparable price in the ordinary course of trade, for the like product when you export from a country of market economy to other countries; or, c) the price actually paid or payable in El Salvador by the like domestic product, duly adjusted.
Section second determination of the price of export price of export article 12.-the export price shall be the price of the product under investigation when sold for export from the country of origin or provenance to El Salvador.
When there is no export price or where, in the opinion of the investigating authority, the export price is not reliable because there an association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be reconstructed on the basis of the price that imported products are first resold to an independent buyer , or, if the products are not resold to an independent buyer or were not in the same condition they were imported, on a reasonable basis determined by the authority.
Section third comparison between the Normal value and the price of export settings article 13.-for the calculation of the margin of dumping, the investigating authority will make a fair comparison between export price and normal value. This comparison will be at the same level of trade, normally the level ex-factory, and on the basis of sales made in dates

the closest possible. Shall be taken into account, in each case, the differences which affect the comparability of prices, among others; the differences in the conditions of sale, the taxation, the differences in levels of trade in quantities and physical characteristics, and any other differences which affect price comparability. These settings may include the following: to) packing costs;
(b) costs of transport, including freight and insurance, maneuvers outside plant, port and Customs expenses;

(10 c) costs of credit;
((d) payments for commissions, and, e) payments for services after the sale, technical assistance, maintenance, and repairs.
When the export price was reconstructed on the basis of the price at which imported products are resold for the first time to an independent buyer, in accordance with the second paragraph of the preceding article, shall be also considered costs, including duties and taxes, incurred between importation and resale, as well as the corresponding benefits in a reasonable amount. When in these cases price comparability has been affected, the investigating authority shall establish the normal value at a level of trade equivalent to the corresponding constructed export price, or shall take into account the elements referred to in this article.
The investigating authority will tell the parties concerned that information is needed to ensure a fair comparison and not they will impose a burden of proof which is not reasonable.
Article 14.-S comparison methods in prejudice of the provisions of the preceding article, the existence of margins of dumping shall be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of normal value and export transaction by transaction prices.
A normal value established on the basis of the weighted average, may be compared to prices of individual export transactions if the investigating authority finds a pattern of export prices differ significantly, according to different purchasers, regions or time periods.
In these circumstances, the investigating authority will explain because such differences can be taken duly into account, by a comparison of weighted average or transaction by transaction.
In the event that the product under investigation including goods which are not physically equal each other, the margin of price discrimination is estimated by type of goods, so that normal value and the export price involved in each calculation, correspond to goods with very similar characteristics.
When the margin of price discrimination is calculated by type of goods, the margin for the product under investigation shall be determined as the weighted average of all the individual margins that have been estimated.
When in the opinion of the investigating authority, the number of types of goods or the quantity of transactions to investigate is exceptionally large, the margin of price discrimination may be determined on the basis of a statistically representative sample.

11 conversion of currencies article 15.-where the price comparison requires a conversion of currencies to be equitable, the investigating authority will perform this conversion using the rate of Exchange on the date of sale.
The date of sale shall be the instrument that established the essential conditions for the sale, whether the contract, purchase order, order confirmation or invoice.
However as provided in the preceding subparagraphs, when a sale of foreign currency markets to term, is directly related to a sale for export, the investigating authority will use the term selling exchange rate for all transactions related.
The investigating authority may not take into account the fluctuations of exchange rates and be granted within sixty days to exporters to adjust their export prices, so that they reflect movements supported the exchange rate during the period of investigation.
Chapter II of the subsidy elements that configure a grant article 16.-effects of this law, shall be regarded as there grant, when be awarded benefits in any of the following cases: to) when there is a financial contribution by a Government or any public body within the territory of that Government, i.e.: 1 °) when a Government practice involves a direct transfer of funds such as grants, loans and contributions of capital or potential direct transfers of funds or liabilities, such as for example, loan guarantees;
2 °) is foregone or not collected revenue, that another case is due, as for example, incentives such as tax credits;
3 °) when a Government provides goods or services that are not of general infrastructure or purchase goods; and, 4 °) when a Government makes payments to a funding mechanism or entrusts or directs a private body, one or more of the functions described in the ordinals 1 ° to 3 ° of this literal, and that they would normally correspond to the Government, or ordering him to take them out, and practice does not differ, in any real sense, from practices normally followed by Governments.

12 b) when there is some form of support income or prices in the sense of article XVI of the General Agreement on tariffs and Trade 1994 (GATT).
Specificity article 17.-a grant can only be subject to countervailing measures, as it is specific.
A subsidy is considered specific to an enterprise or industry or group of enterprises or industries, in the following circumstances: to) when the State or the authority which grants the subsidy, or the legislation pursuant to which that State or authority, acts explicitly limits access to the subsidy to certain enterprises;
(b) Although there are objective criteria or conditions set out in a law, governing the right to obtain the grant and its amount, the right to receive it is not automatic, or is able to determine that the licensing authority does not respect objective criteria or conditions. Criteria or conditions mean goals, those that are impartial, which do not favour certain undertakings with respect to others and which are of an economic nature and horizontal applications, such as the number of employees or size of enterprise;
(c) when limited to certain enterprises located in a designated geographical region within the jurisdiction of the State or licensing authority;
((((d) when a subsidy, but apparently it is not criminalized as specific according to the literal a) and b) of this provision, the investigating authority determines that the subsidy is specific, taking into account the following factors: 1 °) the exclusive use of the subsidy by a limited number of companies or by a branch of production;
2 °) predominantly use of the subsidy by companies or certain industries;
3 °) the granting of disproportionately large amounts of subsidy to certain enterprises; and, 4 °) the fact that the way in which the licensing authority has exercised discretion, shows that the subsidy is not available.

13 applying this literal, will take into account the degree of diversification of economic activities within the jurisdiction of the State or of the granting authority, as well as the period during which the grant program has been applied.
(e) when is the subsidy a subsidy prohibited within the meaning of the following article.
Subsidies prohibited article 18.-the following subsidies shall be deemed prohibited: to) subsidies contingent of jure or defacto to export, as a single condition outcomes or among other conditions. Will be considered contingent in fact export performance, when the facts demonstrate that the granting of a subsidy, without being subject de jure export performance, is in fact linked to exports or to actual or anticipated export earnings; and b) subsidies contingent de jure or defacto the use of domestic in preference to imported, as a single condition or other conditions.
The fact that a subsidy is granted to companies that export, shall not constitute grounds for considering it grant export within the meaning of this provision.
Receiver of the grant article 19.-the amount of the subsidy which may be subject to countervailing measures received by the receiver of the grant, shall be calculated on the basis of the benefit conferred to it.
Methodology for the calculation of the rate of grant article 20.-the calculation of the rate of subsidy will be determined in accordance with a methodology established for this purpose. This methodology will be developed in the corresponding regulation.
Chapter III determination of the existence of damage or threat of damage and Causal link in an investigation by practices unfair of trade determination of the existence of damage

Article 21.-the determination of injury shall be based on positive evidence and shall include an objective examination of the following factors: 14) the volume of imports subject to dumping or subsidized;
(b) the effect of the imports subject to dumping or subsidized prices of similar products in the domestic market; and, (c)) of the consequent impact of these imports on domestic producers of such products.
Examination of the volume of the imports object of Dumping or Subvencionadas article 22.-the investigating authority shall take into account whether a significant increase in the volume of imports have been dumped or subsidized, in absolute terms or relative to production or consumption.
In regards to the effect of the imports of dumped or subsidized above prices in the domestic market, the investigating authority shall take into account: a) if imported merchandise is sold in the domestic market at a significantly lower price compared with the price of the like domestic product; or, b) if the effect of such imports is significantly lower prices or prevent a significant rise, which had occurred in other circumstances.
Article 23.-accumulation when imports of a like product from more than one country are simultaneously subject investigations of anti-dumping or countervailing measures, only the investigating authority may cumulatively assess the effects of these imports on the domestic industry, if it determines that: to) the margin of dumping or amount of subsidy in relation to imports of the product under investigation from every country It is more than de minimis and the volume of imports of the product under investigation from each country is not negligible, as specified in articles 51 and 52 of this Act; and, b) is the cumulative assessment of the effects of imports, in the light of the conditions of competition between the imports and between imported products and the like domestic product.

15. review of the impact of imports subject to Dumping or Subvencionadas on the branch of production article 24.-the examination of the impact of the dumped imports or subsidized the corresponding branch of national production, will include an evaluation by the investigating authority, of all factors and relevant economic indices that influence the State of the industry (, including the following: to) the actual and potential decline of sales, profits, volume of production, participation in the market, productivity, return on investments or utilization of installed capacity;
(b) factors affecting domestic prices;
(c) the actual or potential negative effects on the flow of box, inventories, employment, wages, growth, the ability to raise capital or investment;
(d) in the case of dumping, it must also take into account the magnitude of the margin of dumping; (and e) in the case of agriculture subsidies, may be taken into account if there has been an increase in the costs of Government assistance programs.
This list is not exhaustive, and none of these factors considered individually, or several of them as a whole, necessarily give decisive guidance.
The investigating authority will provide the evidentiary documents necessary to verify in literals, including balance sheet and statements of the national industry.
The investigating authority will evaluate the effect of imports of dumped or subsidized in relation to the production of the like domestic product, when the available data allow to identify it separately, according to criteria, such as production, sales of the producers and their benefits. If it is not possible to carry out such identification, the investigating authority will evaluate the effects of imports of dumped or subsidized, examining the production of the more restricted group of products that includes the like domestic product and from which they have information.
Threat of damage important article 25.-the investigating authority based its determination of the existence of a threat of material injury, on verifiable facts and not merely on allegation, conjecture or remote possibility. In this sense, there must be enough evidence to infer that in the immediate future will be a substantial increase in imports of the product at dumped prices or subsidized.

16 to carrying out a determination regarding the existence of a threat of material injury, the investigating authority shall consider, among others, the following factors: a) a significant rate of increase of imports subject to dumping or subsidized in the domestic market indicating the likelihood that there will be a substantial increase of the same;
b) a sufficient freely disposable capacity of the exporter or an imminent and substantial increase, indicating the likelihood of substantially increased exports subject to dumping or subsidized to the Salvadoran market, taking into account the availability of other export markets which to absorb the possible increase of such exports;
(c) the fact that imports were made at prices that will have the effect of making lower prices in the Salvadoran market or contain its ascent in a meaningful way, and to probably increase demand for further imports;
(d) inventories of the product under investigation; (and e) for the specific case of subsidies, their nature and the likely effects on trade. For the purposes of valuing nature, may take into account aspects such as its period of validity, the amount or the exporters covered by the group.
None of these factors by itself will only suffice necessarily give decisive guidance, but all of them as a whole must lead to the conclusion that the existence of new exports at dumped prices or subsidized, will produce significant harm, unless protective measures are taken.
Relationship Causal Art. 26.-the investigating authority must demonstrate that imports subject to dumping or subsidized cause damage in accordance with the provisions of this law. The demonstration of a causal relationship between the imports subject to dumping or subsidized and the injury to the domestic industry shall be based on an examination of all relevant evidence available to the investigating authority.
The investigating authority must consider other factors that may have knowledge, other than the dumped imports or subsidized, that at the same time they harm the domestic industry; However, damage caused by those other factors is not attributed to imports of dumped or subsidized. Among the factors that may be relevant, are detailed as follows: to) the volume and prices of imports not sold at dumped prices or not subsidized;
(b) contraction in demand or changes in the structure of consumption;

(17 c) restrictive business practices of the foreign and domestic producers, and the competition between them;
(d) the evolution of technology; (and e) the results of the export activity and productivity of the domestic industry.
Title IV substantive rules on the application of measures of safeguard chapter unique determination of the existence of serious injury or threat of serious injury and causation in an investigation by safeguard measures damage serious article 27.-the serious determination whether the increase in imports has caused or threatens to cause damage to a domestic industry (, will be based on an assessment of all relevant factors of an objective and quantifiable nature having regard to the situation of that industry, in particular: to) the rate and amount of the increase of imports of the product under investigation in terms absolute and relative to domestic production of like or directly competing products;
(b) the part of the domestic market absorbed by import in increase of the product under investigation;
(c) prices of the product under investigation, especially for the purpose of determining if there have been priced at less than the national product of similar or directly competitive domestic products;
(d) the effects of the increase in imports of the product under investigation in the domestic industry, demonstrated by relevant indicators, including the following: production; the capacity utilization; stocks; sales; market share; prices, i.e., the decrease in domestic prices or the fact that these prices do not increase as they have done in the absence of the increase in imports; productivity; gains and losses; the return on investment; cash flow and employment; and,

(e) other factors other than the increased imports of the product under investigation, which at the same time cause or threaten to cause serious injury to the domestic industry.

18. this list is not exhaustive and none of these factors considered individually, or several of them as a whole, necessarily give decisive guidance.
The investigating authority can only determine that increased imports of the product under investigation have caused or threaten to cause serious injury to the domestic industry, if there is a cause and effect relationship between the increase in imports and injury or threat of serious injury.
When there are factors other than the increased imports of the product under investigation, which at the same time cause or threaten to cause injury to the domestic industry, this damage does not confer to the increase in imports.
Threat of injury serious art. 28.-the determination of the existence of a threat of serious injury caused by increased imports, will be based on verifiable facts and not merely on allegation, conjecture or remote possibility. In this sense, there must be sufficient evidence of the substantial increase in imports of the product under investigation.
(To examine whether the increased imports threatens to cause serious injury, the investigating authority shall evaluate, in addition to the factors mentioned in the first paragraph of the preceding article, the following: to) the actual and potential export of the country or countries of origin or production capacity;
(b) inventories of stocks of national production and exporting countries;
(c) the likelihood that the exports of the product under investigation into the domestic market in increasing quantities; and, (d) any other factor deemed relevant by the investigating authority.
Title V chapter unique standards due common about unfair trade practices and safeguard measures prior request in writing article 29.-the process of investigation to verify the appropriateness of the application of rights anti-dumping, countervailing or safeguard measures, will start a 19 application before the investigating authority, a branch of national production or on behalf of injured deemed.
Exceptionally investigations ex officio, shall commence when the investigating authority has sufficient evidence of the existence of a practice of unfair trade, the damage and the causal relationship.
The process of investigation to verify the origin of the application of safeguard measures, may in exceptional cases be started automatically by the investigating authority, in accordance with the provisions of this law.
Resolution of admission of the application article 30-within the period of thirty days from the filing of the application, the investigating authority will review the requirements laid down in articles 47 and 69 of this law, in order to determine if we have included all the information required to proceed with its admission.
S i is determined that the application is incomplete, the investigating authority will prevent you to the applicant, within ten days, so he rectified it. The applicant shall have a period of thirty days from notification to comply with the prevention, which may be extended for an equal period, on application by the person concerned.
If the petitioner does not answer the prevention in the earlier deadlines, we will declare the inadmissibility of the application and filed.
The investigating authority shall have the power to prevent a second time, in case that considers insufficient the information presented, in which case be granted to the applicant within thirty extended days, counted from the respective notification.
If there is information that is not reasonably available to the applicant, you must justify it to the investigating authority, who will make relevant assessments, in order to determine if there is insufficient information is available to support the application.
Fulfilled the warnings, the investigating authority shall accept the request within 15 days.
Beginning of a research article 31.-then's admitted request, the investigating authority shall examine the accuracy and adequacy of the evidence submitted with the request to determine if there is sufficient evidence that would justify the initiation of an investigation.
The investigating authority shall take the decision to start or no investigation for unfair trade practices or for the application of safeguard measures, through the respective resolution, which must be issued within a period of fifteen days from the date of acceptance of the request.

20 in case that the investigating authority decides not to initiate an investigation, the resolution's rejection must notify the applicant within ten days of its issuance.
The research period shall run from the day following the date of issuance of the decision for initiation. From that moment, the investigating authority must notify interested parties that has knowledge, so that they present the arguments that choosing.
Publicity about the article 32-A request that has been issued a resolution to initiate an investigation, the investigating authority less will prevent all publicity about the request to initiate an investigation.
Notice of the application article 33.-when a request for investigations of unfair practices by trading or safeguard measures comply with the requirements laid down in articles 47 and 69 of this law, respectively, and before that it proceed with the initiation of the investigation, the investigating authority shall notify the Government of each exporting country directly interested.
Notification of decisions article 34.-Las home resolutions, preliminary and final in the investigations into unfair practices by trade and safeguard measures, must notify exporters, foreign producers, Governments of exporting countries, of which it has knowledge, as well as to importers and domestic producers that constitute the domestic industry.
The decision for initiation must be notified directly to the exporter or through the diplomatic representative of the exporting country accredited to El Salvador; also, together with this resolution, the full text of the non-confidential version of the request and the questionnaires that you complete each interested party must be attached.
Other decisions shall be notified to the interested parties. Such notice may be made by electronic means or by any other means pointing the parties for such purposes, provided get proof of the sending and the receipt of the notification.
The investigating authority must notify resolutions referred to the relevant committees of the World Trade Organization and the Council of Ministers of the integration economic Centroamericana, as applicable international instruments regulate it.

21 listings public article 35.-the investigating authority be placed on its web site, a public notice containing a brief summary of the resolutions of home, preliminary and final, that are issued in connection with investigations by unfair trade or safeguard measures.
Additionally, the investigating authority shall publish in the official journal full home resolutions, preliminary and definitive text.
Presentation of arguments and evidence article 36-on investigations into unfair practices by trading or safeguard measures, the investigating authority shall establish the deadline for reception of arguments or evidence of the parties concerned, respecting the research period laid down in the following article.
The reception of arguments in writing, may be submitted by electronic means or by any other means pointing the parties for such purposes, provided that leave evidence of your sending and receiving.
The evidence must be submitted to the investigating authority within a time limit is set, in accordance with the formalities which establishes common regarding this law.
Period of research article 37.-unfair trade practices investigations must conclude within a maximum period of twelve months, except in exceptional circumstances, which may last for eighteen months. In the case of safeguard measures, they should conclude within a maximum period of six months, except in exceptional circumstances, which may last for twelve months. Both deadlines will be counted from the day following the date of issuance of the decision for initiation.
Information confidential article 38.-during the investigation and after it, the investigating authority and any other competent authority, be treated as confidential information, which it has been presented or supplied in that capacity. There will be no access to information considered to be confidential, except for the party providing it and the respective competent authority.

All information which by its nature is confidential, for example, because its disclosure would be a significant advantage to a competitor or would have a significantly negative effect for the party that has provided the information, or for a third party which has received the information, or provided on a confidential basis, parties to an investigation shall be treated as such by the investigating authority , prior justification enough in this regard.
According to its nature, will be as confidential information, among others, the following: 22 a) industrial or commercial secrets relating to the nature of a product, production processes, operations, production equipment or machinery;
(b) information concerning the financial situation of a company that is not available to the public; and, c) information concerning costs, identification of customers, sales, inventory, shipping, quantity or source of income, profits, losses or expenditures related to the manufacture and sale of a product.
If the investigating authority concludes that the request to declare as confidential information is not justified and the interested party does not want to make it public nor to authorize its disclosure in general or summary, terms the authority researcher may not take into account such information, unless is demonstrated in a convincing manner, of appropriate source, that the information is correct.
The interested party submitting confidential information, must attach non-confidential summary thereof or point out reasons for which such information can not be summed up.
The non-confidential summaries of the information considered as such, must be sufficiently explicit so that the rest of the parties concerned have knowledge clear of the information provided, as for example, graphs of data in percentage terms, a generic explanation of the data provided, among others.
Record and its access article 39.-all information provided by the interested parties, as well as the collected of ex officio by the investigating authority, will be chronologically archived records separate, one of which will contain public information, the other reserved information and a third containing the confidential.
Interested parties, their representatives and their attorneys duly accredited for the purpose, shall have the right at any stage of the procedure, to examine, read and copy any document or proof of the reserved file as well as ask for certification thereof, except confidential information, which will only have access the investigating authority and the party who provided it. This information may not be disclosed during the investigation process.
The costs of certifications or simple copies of the record requested by the investigating authority, shall be borne by the applicant.
The investigating authority shall include in the non-confidential file: to) all public notices relating to the investigation or examination;
(b) all documentation, such as questionnaires, responses to questionnaires and communications written to the investigating authority;

(23 c) all other information derived or obtained by the investigating authority, including the report or verification reports; and, (d) other documents deemed appropriate for its incorporation to the non-confidential file by the investigating authority.
Compilation of information article 40.-at the beginning of the investigation, the investigating authority will send questionnaires or requests for information to producers, importers, exporters, foreign producers, of which they are aware or any other economic agent that it deems relevant.
The investigating authority will give stakeholders, those who send questionnaires, within thirty days to deliver the answers, starting on the day following its notification.
When the notification of the questionnaires to exporters or foreign producers through their respective Government, the above period shall run one week after the date they have been delivered or transmitted to the diplomatic representative of the exporting country accredited to El Salvador.
The deadline for answering the questionnaires may be extended for another 30 days, on application by the person concerned, before the expiration of the original term.
The investigating authority will not take into account responses to the questionnaires that arise out of the original term or its extension.
The investigating authority may, in the course of the investigation, ask the interested parties more information, in the form of supplementary questionnaires or requests written clarification or additional information.
You can also require information to other government entities, which may include the issuance of technical criteria, in which case such entities shall be obliged to supply them. In addition, the investigating authority may request information to no third part in the process, such as distributors or national traders in the product or commodity in question, as well as customs agents, mandataries, proxies or consignees of the importers.
In all cases where additional information is required, shall be granted to the interested party within thirty days counted from the day following the respective notification, for the presentation of the same.
Not met the requirements referred to in the preceding subparagraphs, the investigating authority will resolve in accordance with the best available information, including that in the application to initiate an investigation.

24. verification of information article 41.-at any time during the course of the investigation, the investigating authority may be deemed relevant verification visits.
The investigating authority shall obtain any information that it deems necessary, and when it considers it appropriate, it shall examine and verify the information of the interested parties to check the accuracy of such information.
If necessary, the investigating authority may perform checks in other countries, prior consent of the companies involved and provided that there is no opposition from the Government of the country concerned. Once obtained the consent of the companies, the investigating authority shall notify the authorities of the exporting country, the names and addresses of the companies that will be visited and the proposed dates.
In exceptional circumstances, when it is expected to include non-governmental experts in the research team, is you must inform companies and authorities of the exporting country. Those non-governmental experts shall be subjects of sanctions if they violate the established in the present law requirements related to the confidential nature of the information.
Evidence article 42.-entire document written in any language that is not English, must accompany their respective translation. That translation will be done through a translator, whose costs will be at expense of the interested party that offers document and in accordance with the formalities established common regarding this law.
It is not necessary that all documents are legalized, but the investigating authority, ex officio or at the request of an interested party, may require a document to be legalized.
Be admitted as evidence, the public or private documents, testimony or expert, test sound reproduction media, voice or image and storage, according to the provisions of the preceding article.
All tests will be appreciated in accordance with the rules of sound criticism.
Report technical on the test article 43.-the investigating authority shall prepare a preliminary technical report and a final technical report which valued the tests that have been submitted and evacuated in the research. These reports will be included, as appropriate, financial, economic, accounting calculations and of any other nature necessary to analyze the information collected about the facts being investigated.
These technical reports will be presented to carry out the preliminary determination and the final determination. The preliminary report will be prepared based on the information that 25 will be recorded in the application, and it should take into account the responses to the questionnaires sent by the investigating authority.
The final technical report will be prepared after evacuated all the tests whose practice has been ordered, which will be added to the respective file.
Audiences article 44.-before issuing a final determination, the investigating authority may set a hearing, in which all interested parties can present information and arguments. Concluded the hearing, Parties shall have a term of fifteen days so submitted allegations in writing, related to discussed at the hearing.
No party shall be required to attend a hearing, and his absence will not prevent the realization of the same.

Stakeholders attending a hearing, shall notify the investigating authority of the names of their representatives, with one notice not less than five days to the date of the hearing. The investigating authority shall determine the order in which stakeholders will intervene and shall fix the time of intervention and duration of the hearing.
Withdrawal of the application article 45.-the applicant may withdraw in writing prior to the initiation of the investigation, and shall be deemed as not submitted.
In addition, once started the research, the applicant may at any time, withdraw it. If a withdrawal request is submitted after the initiation of the investigation, the investigating authority shall notify the interested parties, which will give finished the investigation.
Minister of economy article 46.-the Faculty through resolution which imposed an anti-dumping duty, a countervailing duty or a safeguard measure, whether provisional or definitive, shall be taken by the Minister of economy, which will take into account both the technical report and the recommendations of the investigating authority, as the public interest.
In the final resolution it will also confirm or revoke any provisional measure taken.

26 title VI chapter only special procedural rules on unfair practices of trade tests and information that should be included the request in investigations into unfair practices by trading article 47.-with the request, will include relevant evidence on the existence of dumping or a subsidy, as well as the damage and the causal relationship. In the case of a grant, is may include in addition, the amount, if it is possible.
The application shall contain the following information: a) name, address, telephone number, number of tax identity of the applicant and if exercise legal representation, the documentation that accredits him;
(b) place for receiving notifications;
(c) identity of the national industry, presenting the request or on whose behalf arises, including names, addresses, phone numbers and e-mail addresses of all the other producers that branch of production known.
((d) information concerning the degree of support for the application by the domestic industry, with inclusion of the following information: 1 °) notes in which is revealed by the rest of the domestic industry, support for the request;
2 °) volume and value of domestic production of the like product; and 3 °) volume and value of the like product produced by the applicant and each of the domestic producers.
(e) complete description of the product allegedly being dumped or subsidized, including technical characteristics and uses of the product, as well as its tariff code at the level of the highest number of valid digits in the harmonized system;
(f) complete description of the domestic similar product, including their technical specifications and applications, as well as its tariff code at the level of the highest number of valid digits in the harmonized system;
(g) country of origin of the product allegedly being dumped or subsidized and, if it is imported from a country other than the production, the country from which imported the product;

27 h) name and address of all natural or legal persons, whether exporters or importers that the applicant knows that they sell the product allegedly being dumped or subsidized in El Salvador;
(i) data on the evolution of the imports object allegedly dumped or subsidized; the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, in accordance with the factors and relevant indexes which influence the State of the industry and established in the present law to prove the damage and the existence of a causal relationship;
((j) in the case of dumping: 1 °) data on prices that sold the product concerned when it is destined for consumption in the domestic market of the country of origin or export. In cases where appropriate, shall be accompanied by the following information on prices at which the product is sold from the country of export or origin to third countries or on the constructed value of the product allegedly being dumped; and, 2 °) data on export prices or the prices product allegedly dumped will resell that for the first time to an independent buyer in El Salvador and about the possible adjustment provided for in article 13 of this law.
(k) in the case of subsidies, evidence about the existence and nature of the subsidy in question; and, l) the margin of dumping and anti-dumping duties requested or amount of the subsidy and countervailing duty requested, as appropriate.
The original application and documentation provided must accompanied by as many copies as stakeholders are identified in the same, except that information deemed confidential.
Consultations in the case of research by grant article 48-a time supported a request by grant, and in any case before they issued the resolution to initiate an investigation, the investigating authority will invite the representatives of the Governments of the countries whose goods are subject to such investigation, to hold consultations in order to reach a mutually agreed solution.
Throughout the period of research, will give to the above-mentioned countries, the opportunity to continue with consultations concerned. If requested by Governments, the investigating authority will allow access to evidence that is not confidential.

28 submission of application by the domestic industry or on behalf of her Art. 49.-for investigations of dumping or subsidies, shall be deemed that a request has been made by branch of national production or on behalf of it, when: to) is supported by those domestic producers whose collective output constitutes more than 50% of the total production of the like domestic product produced by that portion of the domestic industry that manifests their support or opposition to the application; and, b) domestic producers expressly supporting the application represent 25 percent, less than the total production of the like domestic product produced by the domestic industry.
Home resolution of investigations into unfair trade practices article 50.-when the investigating authority decides to initiate an investigation for unfair trade practices, shall issue a duly reasoned resolution, which must contain as a minimum the following: a) identification of the investigating authority, as well as the place and date is issued the resolution;
(b) the name or business name and address of the producer or domestic producers of similar products, as well as a place for receiving notifications;
(c) the name or business name and address of importers and exporters, as well as place for receiving notifications;
(d) the country or countries of origin or provenance of the products that are presumably subject to unfair trade practices;
(e) the detailed description of the product which has been imported or are importing under alleged unfair trade practices;
(f) a description of the national product similar to the imported product, under alleged unfair trade practices;
(g) indication of the periods of collection of information;
(h) the motivation and rationale supporting the resolution, relating the evidence presented;
i) term granted to the accused and, where appropriate, to the foreign Governments indicated, to provide testing to consider appropriate, as well as the place where may present their alegatosp 29 j) definition of information that is going to require to interested parties, through questionnaires or forms; y, k) date of initiation of the investigation.
Margin of de Minimis article 51.-shall be considered that there is a de minimis margin in investigations of unfair trade, the following practices: to) in dumping investigations shall be deemed de minimis when the margin of this is less than two per cent, expressed as a percentage of the export price;
(b) in subsidy investigations, it will be considered de minimis, the amount of the subsidy, if it is less than one hundred advalorem. Where the exporting country is a developing country, that the overall level of subsidies granted upon the product in question shall be considered de minimis, if it does not exceed two per cent of its value calculated on a per unit basis.
Previous calculations may be made globally by country, and individually by the exporter; in the case of existing global margin below the levels, you must end research as stated in the previous article. In the event that the existence of individual de minimis margins are set for some exporters, will be end research for them and will continue for those who have higher margins.
Insignificance of imports

Article 52.-will be considered that imports are negligible, in the following cases: a) in dumping investigations, when the volume of dumped imports from a particular country, represent less than three per cent of imports of the like product in the domestic market, except to countries which individually account for less than three per cent of imports of the like product in the domestic market whole, account for more than 7 percent of these imports; and, b) in subsidy investigations, when subsidized products come from developing countries, and the volume of these imports represents less than four per cent of the total imports of the like product in the domestic market, unless imports from developing countries, whose individual share of total imports represent less than four per cent are altogether more than nine percent of the total imports of the like product in the domestic market.
When the exports object of research come from more than one country, the research may continue against those countries whose exports are not insignificant.

30 period for the collection of information article 53.-for determining the existence of dumping or a subsidy, the period for the collection of information will be of a year prior to the date of initiation of the investigation on which data are available.
To determine the existence of damage, the period for the collection of information will be of three years prior to the date of initiation of the investigation. However, the investigating authority may choose a shorter period, if it considers it appropriate, in the light of the information available with respect to the domestic industry and to the product under investigation.
Determination and preliminary resolution on research by practices unfair of trade article 54.-the investigating authority may recommend to the Minister of the economy the imposition of a provisional measure, when you reach a positive preliminary determination of dumping or of the existence of a subsidy, and determined that such measures are necessary to prevent that damage is caused during the investigation. However, interim measures, can not be applied until 60 days have elapsed from the date of initiation of the investigation.
In the preliminary decision will be presented the findings and conclusions reached on all issues of fact and law that are considered important, which must contain as a minimum the following: to) the names of the exporters, importers and foreign producers of the product under investigation who has knowledge;
(b) the names of domestic producers of the like product which has knowledge;
(c) a description of the product under investigation, as well as the like domestic product, including the tariff code at the level of the highest number of valid digits in the harmonized system;
(d) the margin of dumping or the amount of the subsidy, as appropriate, which have been determined to exist;
(e) the factors that have led to the determination of the existence of damage and relationship subsidized or causal, including information on factors other than the dumped imports which have been taken into account;
(f) the amount and the period of application of the provisional measures that can be applied, and the reasons why those provisional measures are necessary to prevent that you damage during the investigation; and, g) instruct the Directorate General of customs as fundraising.

31. form of payment and duration of the measures provisional article 55.-the interim measures may pay by cash deposit or bond surrendered to the competent authority, and shall not be greater than the margin of dumping or amount of the ad valorem subsidy, as you have indicated in the preliminary decision.
The provisional measures shall apply for a period not exceeding four months in the case of grants, and six months in the case of dumping.
Prices Art. 56 commitments.-investigations by dumping, may suspend or terminated procedures, without the imposition of provisional measures or anti-dumping duties, if the exporter that it voluntarily assumed commitments satisfactory to revise its prices or put an end to exports at dumped prices.
Research by subsidies, it shall also be terminated the investigation, if the Government of the exporting country agrees to eliminate or limit the subsidy; or the exporter agrees to revise their prices, so that the investigating authority is convinced that the injurious effect of the subsidy is eliminated.
The increases of prices stipulated in these commitments, shall not exceed the margin of dumping or the amount necessary to offset the amount of the subsidy that has been determined by the investigating authority.
Conditions for the acceptance article 57.-when the investigating authority accept a commitment of prices, it will publish a corresponding notice in the official journal and in a national newspaper, whose costs shall be borne by the applicant.
When the investigating authority decides to continue with the investigation, it shall publish a notice which shall contain the expected date for the final determination. In this case, the final determination within a period of one hundred and eighty days from the date of publication of the notice mentioned will be formulated.
Continuation of the research article 58.-without prejudice to the provisions of article 56 of this law, although you will accept one or more commitments, the investigating authority may continue with the research until its conclusion, when it so decides it. In such a case, if the investigating authority makes a negative determination of dumping, of a subsidy or damage, commitment or commitments will be extinguished, except in cases where such determination is based on the existence of a commitment or commitments.

32. in case that it makes a positive determination of dumping or a subsidy and damage, commitment will be maintained in accordance with its terms and the provisions of this law.
Non-compliance with a commitment to article 59.-If it reneges on a commitment, the investigating authority may adopt provisions consisting of the immediate application of provisional measures, on the basis of the best information available.
Conclusion early of the research article 60.-will be finished the investigation, when the investigating authority determines that: to) there is no sufficient evidence of the existence of dumping or a subsidy, as well as the absence of harm justifying the continuation of the procedure;
(b) the margin of dumping or the amount of the subsidy is de minimis; and, c) the volume of actual or potential imports subject to dumping or subsidized are insignificant.
Final resolution on research practices unfair trade article 61.-the final decision determining the existence of dumping or of a subsidy, injury and causal relationship, must contain as a minimum the following: to) the names of the exporters, importers and foreign producers of the product under investigation;
(b) the names of domestic producers of the like product that comprise the domestic industry;
(c) a description of the product under investigation, as well as similar national product;
(d) the findings or determinations that has reached the investigating authority in relation to the product under investigation, national product similar or directly competitive products;

33 e) where appropriate, the scope of existing dumping and the basis of such determination, including a description of the methodology used to determine normal value, export price, and the adjustments that have been made to compare them;
(f) where appropriate, it claims the established grant and the basis on which it is determined the existence of this;
(g) the factors on which are based the determinations of injury and causal link, including information on factors other than the imports subject to dumping or subsidized that they have taken into account; and, h) the amount of rights anti-dumping or countervailing duty shall be imposed and its duration.
Individual margins of Dumping article 62.-the investigating authority will determine the margin of dumping that corresponds to each exporter who has knowledge.
In case that the number of exporters is so high, and that it is impossible to determine the margin of dumping that corresponds to each one, the investigating authority may limit its consideration to a reasonable number of interested parties, using samples which are statistically valid on the basis of the information available at the time of the selection, or to the largest percentage of the volume of exports from the country concerned that can reasonably be investigated.
Public and lower law article 63.-the interest amount in the right anti-dumping duty shall not exceed the margin of dumping or, where appropriate, the amount of the countervailing duty shall not exceed the rate of subsidy.

Where the investigating authority has determined that all requirements for the imposition of antidumping or countervailing duties met, it will examine whether the establishment of such measures will cause a prejudice to the public interest. Consideration of the public interest will be held on the basis of the information provided by the parties concerned or compiled by the investigating authority on this aspect during the investigation; In addition, it will consider the interests of the corresponding branch of national production, the situation in the internal of the product under investigation competition and the needs of the consumers.
The investigating authority shall examine whether the imposition of a duty lower than the total margin of dumping, or in his case, a right that is less than the total amount of the subsidy, would be sufficient to eliminate the injury to the domestic industry.

34 establishment and perception of Antidumping or rights compensatory article 64.-the corresponding resolution is set to the anti-dumping law that corresponds to each exporter of the product object of dumping, or in his case, the countervailing duty to the subsidized product. These rights apply to the originating country or countries under investigation, regardless of its origin, and will be perceived by the Ministry of finance, through the General Directorate of customs.
Also waste measures to imports originating or from the country or countries under investigation, to avoid the circumvention of the measures will be imposed. Residual measure must be fixed at a level that is located between the most burdensome measure and the least expensive of those applied to the investigated exporters.
When imports of a given product are subject to anti-dumping and countervailing duty investigations, such rights will not be imposed to compensate the same situation of dumping or subsidization of exports.
Return of the rights paid in excess of the margin of Dumping or rights compensatory article 65.-the Ministry of finance, through the General Directorate of customs, will return the paid in excess, in accordance with the provisions of the final decision, in the following cases: to) when the final anti-dumping is lower than the provisional duty charged; and, b) when real rate of subsidization in a given period, based on which the rights were paid, has been eliminated or reduced to a level lower than the law in force.
Extinction of measures article 66.-all definitive anti-dumping or countervailing duty final will be removed, at the latest within a period of five years from the date of imposition or the date of the last review, in accordance with the following article.
The investigating authority shall publish in the official journal a notice, indicating such expiration, with one notice not less than ninety days from the date of expiry of the anti-dumping duty right or definitive countervailing duty final. Such publication shall be notified to the national industry and exporter.
Examination of the measures article 67.-the investigating authority shall review the need to maintain the right to anti-dumping or countervailing duty at the request of the national industry that filed the application. This 35 application you must be accompanied by relevant evidence justifying the need for the examination, and must be submitted one year before the end of the period laid down for the application of the aforementioned rights. The investigating authority you will be directed to the national industry and exporter, ninety days, prior to that start within a year, to request the review of the measures.
At the start of the test, the investigating authority shall publish the corresponding notice in the Gazette and in a newspaper of national circulation, whose costs shall be borne by the person concerned.
Examination in relation to exporting new article 68.-If a product is subject to definitive anti-dumping duties or definitive countervailing duties, the investigating authority will conduct a review to determine individual dumping margins or a single type of countervailing duties which may correspond to the exporters or producers in the exporting countries concerned, which have not exported the product concerned to El Salvador during the period under investigation , provided that these exporters or producers can demonstrate that they are not linked to any of the exporters or producers in the exporting country which are subject to anti-dumping duties or countervailing duties.
The referred examination will begin within thirty days following the date of receipt of the request of the producer or exporter concerned. The review will be completed within twelve months.
While it is proceeding to the examination, they shall not charge rights anti-dumping or countervailing duties on imports from these exporters or producers. However, the investigating authority shall fix the guarantees that must be required by the amount of the residual type of anti-dumping duties or countervailing duties, determined in accordance with the second paragraph of article 64 of this law.
Title VII chapter only rules procedural special safeguard measures, evidence and information which should include the application in research by safeguard measures article 69.-the application shall contain the following information: a) complete description of the product under investigation, including the technical characteristics and uses of the product, as well as its tariff code at the level of the highest number of valid digits in the harmonized system;
(b) complete description of the national product of similar or directly competitive national products, including their technical specifications and applications, as well as its tariff code at the level of greater number of valid digits in the harmonized system;

(36 c) identity of the national industry, presenting the request, or on whose behalf arises with inclusion of the names, addresses, telephone numbers and e-mails of all other producers of similar or directly competitive national product;
(d) the percentage of domestic production of the like or directly competing products represented by the branch of national production;
(e) information on the volume and value of the imported product in each of the three years preceding the application, by country of origin;
(f) a description of the increase of imports in absolute or relative terms with respect to the domestic industry;
(g) information relating to the existence of serious injury or threat of serious injury to the domestic industry in each of the three years prior to the request, providing information on the factors listed in articles 27 and 28 of this law;
(h) an explanation of the reason for which the application of a safeguard measure would be in the public interest; e, i) if requested an interim measure, information about the critical circumstances in which any delay in the adoption of measures, would entail injury hardly repairable for the domestic industry, and a statement that indicates the level of the provisional measure.
The original application and documentation provided, must accompanied by as many copies as stakeholders are identified in the same, except that information deemed confidential.
Home resolution in research by safeguard measures article 70.-when the investigating authority decides to initiate an investigation by safeguard measures, shall issue a duly reasoned resolution, which must contain as a minimum the following: a) identification of the investigating authority, as well as the place and date is issued the resolution;
(b) indication that it has accepted the application and the documents accompanying it;
(c) the name or business name and address of the producer or domestic producers of like or directly competing products, as well as a place for receiving notifications;
(d) the name or business name and address of importers and exporters, as well as place for receiving notifications;

37 e) the country or countries of origin or provenance of the imports under investigation;
(f) the detailed description of the product under investigation by safeguard measures which have been imported or are importing;
(g) the description of the national product similar or directly competitive product that is imported or being imported;
(h) indication of the period for the collection of information;
(i) the motivation and rationale underpinning the resolution, relating the elements of proof presented;
((j) term that is given to the accused and, in his case, the foreign Governments indicated, to provide the evidence deemed appropriate, as well as the place where you can present your alegatosp k) definition of information that is going to require to interested parties, through questionnaires or forms; and l) date of initiation of the investigation.
Period for the collection of information on research by safeguard measures

Article 71.-for the substantial increase in imports and the serious injury, to determine the period for the collection of information will be of three years prior to the date of initiation of the investigation.
Application of a measure of safeguard Provisional Article 72.-only may recommend the application of a provisional safeguard measure, if the investigating authority determines: to) that there are critical circumstances, i.e., that any delay would entail hardly reparable damage; and b) that there is evidence that as a result of unforeseen events and the effect of the obligations assumed by El Salvador pursuant to the General Agreement on tariffs and Trade 1994 (GATT), the product under investigation, is being imported in quantities and under such conditions that they cause or threaten to cause serious injury to the domestic industry that produces like or directly competitive products.
The provisional safeguard measure may only consist in the application of an additional ad valorem.

38 determination and preliminary resolution on research by safeguards article 73.-in critical circumstances, where any delay would entail hardly reparable damage, the investigating authority may recommend to the Minister of economy, the imposition of a provisional safeguard measure, pursuant to a preliminary determination of the existence of clear evidence that increased imports have caused or threat to cause serious harm. However, interim measures, can not be applied until 60 days have elapsed from the date of initiation of the investigation.
The resolution imposing an interim measure will be based on the information available to the investigating authority at that time.
In the preliminary decision will be presented the findings and conclusions reached on all issues of fact and law that are considered important, which must contain as a minimum the following: to) the names of the exporters, importers and foreign producers of the product under investigation who has knowledge;
(b) the names of domestic producers of like or directly competitive product having knowledge;
(c) a description of the product under investigation, as well as national product similar or directly competitive, with inclusion of the tariff code level for the highest number of valid digits in the harmonized system;
d) if it has reached a preliminary determination of the existence of evidence showing an increase in the volume of imports, serious injury or threat of serious injury and the causal relationship between the two;
(e) the critical circumstances in which any delay would entail a hardly repairable damage to national production; and, f) the amount and the period of application of the provisional measures which may be applied and the reasons why those provisional measures, are necessary to prevent that you damage during the investigation.
Payment and duration of provisional safeguard article 74.-Las measures safeguard measures may be paid by cash deposit or bond surrendered to the competent authority.
Any amount raised in respect of a provisional safeguard measure shall be refunded if the subsequent investigation determined that the increase in imports has not caused or has not threatened to cause serious injury to the domestic industry.

39. provisional safeguard measures shall be applied during a period not exceeding two hundred days, and may be suspended before expiration by issuing the final decision.
The Ministry of finance, through the General Directorate of customs, shall be the authority responsible for the collection and control of provisional safeguard measures.
Application of measures of safeguard article 75.-not shall not apply measures safeguard on imports of the product under investigation originating in a developing country, where such imports do not represent more than three percent of the total imports of the product under investigation in the country.
Imports from developing countries which individually account for less than 3 per cent of imports of the product under investigation, but which collectively represent more than nine per cent of imports, may apply a safeguard measure to those imports from those countries in development.
Content the final resolution in research by measures of safeguard article 76.-in the case that the investigating authority considers it necessary, national production branch must present a plan of readjustment to confront the competition generated by imports, sixty days prior to the investigating authority to issue the final decision on an investigation by safeguard measures.
If necessary, the investigating authority shall provide interested parties the elaboration of the plan of readjustment.
The aforementioned resolution shall contain at least the following: a) the names of the exporters, importers and foreign producers of the product under investigation;
(b) the names of domestic producers of like or directly competing product that comprise the domestic industry;
(c) a description of the product under investigation, as well as national product similar or directly competitive;
(d) the findings or determinations that has reached the investigating authority in relation to the product under investigation, national product similar or directly competitive products;

40 e) the volume and the value of the product imported during the period investigated, by country of origin;
(f) the findings or determinations about the unforeseen events and the obligations assumed by El Salvador pursuant to the General Agreement on tariffs and Trade 1994 (GATT), which led to the increase of imports of the product under investigation;
(g) the affirmative determination of injury and the relationship of causality, with inclusion of the examined factors and its relevance, as well as the findings and conclusions based on issues in fact and law examined;
(h) the reasons for which the investigating authority has come to the conclusion that the application of a definitive safeguard measure is in the public interest;
(i) details of the plan of readjustment of the domestic industry, in the event that the investigating authority has required it;
(j) the form, the level and the duration of the measure proposed definitive safeguard and its concordance with the readjustment of the national industry plan;
k) if it has been proposed a quantitative restriction, the distribution of the quota among supplier countries, and an explanation of the basis used to make this distribution;
(l) a timetable for the progressive liberalization of the extent, if the proposed duration of the measure exceeds one year; and, m) the determination of developing countries exempted from the measure.
Duration of safeguard definitive article 77.-all measure of definitive safeguard measures shall apply to all imports of the product under investigation, regardless of the source from where will come, entered the date on which the measure enters into force.
A definitive safeguard measure shall be applied for a period not to exceed four years, including the period of application of any provisional measure, unless the term is extended in accordance with article 81 of this Act.
The total duration of a safeguard measure short, including its extension, shall not exceed ten years.
The Ministry of finance, through the General Directorate of customs, shall be the authority responsible for the collection and control of the definitive safeguard measures.

41 quota applied as measures of safeguard definitive article 78.-when the definitive safeguard measure consist of a quota, this may not exceed to fifty percent of the average of the imports of the product under investigation carried out during the three years prior to the application of the measure.
If more than one country export the product under investigation, the quota will be distributed among countries suppliers, according to the percentage of imports of each to the Salvadoran market during the three years prior to the application of the measure.
Liberalization progressive of the measures of safeguard Art. 79.-a measure of definitive safeguard, whose implementation period is greater than one year, be progressively liberalized at regular intervals during the period of application, in accordance with the timetable published on the notice on the application of a definitive safeguard measure.
Examination of safeguards article 80.-If the duration of a definitive safeguard measure exceeds three years, the investigating authority will analyse the situation when half of the period of application of the measure, by means of a review on the effects of the measure in the domestic industry. Of

agreement with the results, the investigating authority will decide to maintain or revoke the definitive safeguard measure or accelerate the pace of its liberalisation.
The corresponding resolution shall be notified to the Council for the trade in goods of the WTO, through the safeguards Committee.
Extension of a measure of definitive safeguard article 81.-the definitive safeguard measure may be extended only once, at the request of the national industry, submitted six months before the end of the implementation period, and must provide the relevant evidence, which will be analyzed by the investigating authority to determine whether such an extension is justified.
The extension will only proceed if the investigating authority determines that the measure continues to be necessary to prevent or remedy serious injury and that there is evidence that the domestic industry is in process of readjustment.
An extended definitive safeguard measure shall not be more restrictive at the end of the initial period of application. During the extension period, as will continue to liberalize progressively in accordance with the timetable published in the notice of renewal of a definitive safeguard measure.

42. new application of a measure of safeguard article 82.-No may be applied a new safeguard measure to the same product, for a period equal to half of the one during which the original measure was applied. However, the minimum period of no application shall be two years.
Title VIII chapter unique national system of defense trade creation the system article 83.-create the national system of trade defence, hereinafter "the system", which will function as a forum or Observatory between the public and private sectors, to promote actions to guarantee the exercise of the trade defence in favour of the national productive sectors.
Coordinator of the system article 84.-the Ministry of economy will be the Coordinator of the system and will serve as a liaison with the various public and private entities that conform it.
Committee of the system article 85.-create the System Committee, hereinafter the Committee, which will have as main function to ensure the functioning of the national system of trade defence.
The Committee shall consist of the following way: to) an owner member and his alternate, proposed by the Ministry of finance, who shall be the Chairman;
(b) an owner member and his alternate, proposed by the Ministry of finance;
(c) an owner member and his alternate, proposed by the Ministry of agriculture and livestock;
(d) an owner member and his alternate, proposed by the Banco Central of reservation of El Salvador;
(e) a member of the owner and his Deputy, proposed by the Agency of export and investments of El Salvador;
(f) an owner member and his alternate, proposed by industry;

43 g) an owner member and his alternate, proposed by the export sector;
(h) an owner member and his alternate, proposed by the commercial sector; e, i) an owner member and his Deputy, proposed by the agricultural sector.
Members of the industrial, export, trade and agricultural sectors shall be appointed by the Minister of economy, shortlists proposed by private entities related to industrial, commercial, agricultural, and export issues with legal personality, selected according to its order internal; all of which will be regulated by the rules of this law.
Committee article 86.-the Committee meetings will define elements in its first working session to prepare its rules of operation.
The session is to be valid, must be available the attendance of at least half plus one of its members, provided that it has the presence of the President or his Deputy.
Actions of the system article 87.-the system will exert all actions necessary to implement and promote the trade defence, among which are the following: to) promote the adoption of legal instruments to strengthen commercial defence;
b) report any indication or evidence of having knowledge, with respect to the existence of an unfair trade practice in the market; contribute to gather information and recommend to the competent authority the initiation of an investigation;
(c) hear cases in which Salvadoran companies are being investigated for alleged unfair trade practices in the markets of other trading partners, and to recommend to the competent authority the exercise of the corresponding legal actions;
(d) permanently monitor the flows of trade in strategic goods, in order to determine possible triangulations of products, and to recommend to the competent authority the beginning of investigations of origin;
(e) recommended the development of early warning mechanisms on trade regulations imposed by the countries of destination of Salvadoran exports; and, f) know of technical barriers reported by exporters and importers, document them and formulate proposals for their elimination.

44 adopting countermeasures Art. 88-system may recommend the adoption of countermeasures, in accordance with the principles of international law and as a proportional response to the measure adopted by another State.
The recommendation adopted by the system must be transferred to the competent authority, to the effect that implements it in accordance with the applicable legal procedures.
Title IX chapter only final dispositions and resource budget article 89-is allocated budgetary resources to actions and functions that must develop the investigating authority and the effective implementation of this law, in accordance with the provisions of the organic law of the State financial administration.
The investigating authority, with the support of the competent management of international finance, can manage technical or financial assistance to Governments and international organizations specialized in the field of trade defence.
Provision of information article 90.-public institutions that handle statistical figures, data on imports or exports, or other relevant business information, it shall provide such information as requested by the investigating authority, for the purpose of supporting research.
The investigating authority shall ensure compliance with the rules on confidentiality in the handling of the aforementioned information.
Assistance technique article 91.-the Ministry of economy, through the Directorate of administration of trade agreements, will provide technical assistance to any company that requested it and especially micro, small and medium-sized enterprises, in order to explain the use of the instruments that are regulated in the present law.

45. the expressed direction will prepare manuals of procedures or guidelines that such companies must be observed in the preparation of requests, which require the defence of their interests within the framework of research regulated by the present law.
Referral procedures or guidelines, manuals should be issued by executive agreement and published in the official journal.
Computation of time limits article 92.-the periods established in this law, must be computed in calendar days. When the last day of the period is unqualified, it will be extended to the next business day.
Resources article 93.-the investigations into unfair practices by trade and safeguard measures, only supported application for reconsideration of the final rulings of. In the same resource may claim all the illegalities of the procedure.
This must be brought by written and adequately informed, to the Minister of economy, within a period of fifteen days, counted from the day following the respective notification.
If within this period is not brought any resource, the resolution by means of which the Act was issued will be firm.
The Minister will have thirty days to resolve the referred resource.
S i the appeal is not submitted in time and form, will be declared inadmissible by a reasoned decision, against which there will be no recourse.
Extra Art. 94.-the application aspects not regulated by this law shall be governed by the provisions of the General Agreement on tariffs and Trade 1994, the agreement on implementation of article VI of the General Agreement on tariffs and Trade 1994 (GATT), the agreement on subsidies and countervailing measures and the agreement on safeguards of the WTO , the Central American regulations on safeguard measures, the Central American regulations on unfair trade practices. They also apply in the appropriate, other commitments made by the Member States in the framework of the WTO, which on this matter.
Where there are specific provisions on measures of trade protection in a commercial Treaty in force in El Salvador, the application of the measures provided for in this law, will be in accordance with provisions of that Treaty.
Also, in matters not provided for in this law and in the concerned trade treaties, is it subject to the provisions of common law, provided that it does not contradict the principles and provisions of this Act.

46 rules

Article 95.-the President of the Republic shall issue the regulations required for the implementation of this law, within a period of ninety days after its entry into force.
Character special of the law Art. 96.-the provisions of this law, because of its special character, shall prevail over any other governing the same subject with a general or special nature.
Entry into force article 97.-the present Decree shall enter into force thirty days after their publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, on the tenth day of the month of December of two thousand fifteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

47. presidential House: San Salvador, to the six days of the month of January of the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Tharsis Salomon Lopez Guzman, Minister of economy.
D. O. N ° 6 volume N ° 410 date: January 11, 2016 SP/adar 11-02-2016 legislative index