Rules and regulations for the effective implementation of Law No. 24,425 which contains anti-dumping and anti-subsidy rules. Implementing authorities. Application for initiation of an investigation. Conduct of the investigation. Provisional measures. Final measures. Undertakings. Collection of duties. Duration and review of measures and undertakings. Appeals. Small and medium-sized enterprises. General.

HAVING REGARD TO File No. 030-001713/96 in the Registry of the Ministry of the Economy and Public Works and Services, and

WHEREAS:

The Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, the Ministerial Decisions and Declarations and Understandings and the Marrakesh Agreement Establishing the World Trade Organization were approved under Law No. 24,425;
Annex 1A of the above-mentioned Marrakesh Agreement Establishing the World Trade Organization, approved under Law No. 24,425, contains the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (GATT) and the Agreement on Subsidies and Countervailing Measures;

The Agreements referred to in the previous paragraph call for their provisions to be applied in respect of reviews of investigations initiated under Law No. 24,176 and the corresponding regulatory Decree No. 2121 of 30 November 1994;

It is necessary to enact rules and regulations for the effective implementation of the Law referred to in the first paragraph above;

Decree No. 704 of 10 November 1995, published in the Official Journal of 15 November 1995, confirmed the status of the Minister of the Economy and Public Works and Services as implementing authority for the anti-dumping and anti-subsidy regimes contained in Law No. 24,425;

Decree No. 766 of 12 May 1994 set up the National Commission for Foreign Trade, a decentralized agency of the Secretariat for Industry, Trade and Mining of the Ministry of the Economy, Public Works and Services;

The National Executive is competent to enact this act, by virtue of the provisions of Article 99, paragraph 2, of the National Constitution,

Wherefore,

The President of the Argentine Nation

Decrees:

TITLE I

Article 1 – The implementing authorities for this Decree, under the powers assigned to them therein, shall be the following:

(a) the Ministry of the Economy and Public Works and Services;

(b) the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services;

(c) the Undersecretariat for Foreign Trade, a unit of the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services; and

(d) the National Commission for Foreign Trade, a decentralized agency of the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services.

Article 2 - For the purposes of this Decree, the following meanings shall apply:

(a) "Agreement on Dumping": the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, approved by Law No. 24,425;

(b) "Agreement on Subsidies": the Agreement on Subsidies and Countervailing Measures, approved by Law No 24,425;

(c) "Undersecretariat": the Undersecretariat for Foreign Trade, a unit of the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services;

(d) "Commission": the National Commission for Foreign Trade, a decentralized agency of the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services; and

(e) "Product": a like product within the meaning of Article 2.6 of the Agreement on Dumping and footnote 46 to Article 15.1 of the Agreement on Subsidies.

TITLE II

CHAPTER 1 – APPLICATION FOR INITIATION OF THE INVESTIGATION

Article 3 - The application for initiation of a dumping or subsidy investigation shall be submitted in writing in the original and one (1) copy, each with the corresponding back up magnetic medium (diskette), by the domestic industry which considers itself to be affected by the alleged dumping or subsidization, or any representative thereof, to the Office of the Incoming Communications and Notifications Directorate of the Secretariat for Industry, Trade and Mining, which shall transmit the original submission and one (1) diskette through the Dispatch Office to the Undersecretariat, and the certified copy with backup diskette to the Commission, within a non extendable period of three (3) working days.

The application shall be submitted in accordance with the guidelines, requirements and formalities to be established for that purpose by the Undersecretariat and the Commission, and shall include sufficient evidence:

(a) Of dumping or subsidization;

(b) of material injury or threat of material injury to a domestic industry or material retardation of the establishment of such an industry; and

(c) of a causal link between the two.

The applicant shall likewise produce reliable evidence of the representativeness to which it lays claim, supported where possible by certification, by the corresponding association, chamber or federation, of its percentage share of the industrial sector it occupies and evidence of production of the like product.

Applications submitted on behalf of the domestic industry may be drawn up by chambers or associations of producers representing the sector of the domestic industry which considers itself to be affected by the alleged dumping or subsidization.

Prior to submission of the application, the interested parties may request advice on the formalities required from the services determined for that purpose by the Undersecretariat and the Commission, within their respective spheres of competence.

Article 4 – Within a period of five (5) days, and taking into account the comments made by the Commission within a period of three (3) days, the Undersecretariat shall inform the applicant of any deficiencies in the application so that they may be remedied.

If no formal errors or omissions are found in the application, or if such as are found are remedied within the time-limit of five (5) days allowed for that purpose, the Undersecretariat shall continue the processing activity after so informing the Commission; otherwise, the application shall be deemed to have lapsed and shall be filed accordingly, in which event the applicant and the Commission must be notified.

If and when it is decided that the application is admissible, the Undersecretariat and the Commission shall each appoint two (2) members of their own staff to constitute a liaison committee for the investigative process initiated by the application, and to represent those bodies in connection with any communications and notifications they see fit to pass between them with a view to expediting and efficiently fulfilling the purpose of the process.

Article 5 – With regard to the definition of like domestic product, the Commission shall submit to the Undersecretariat, within ten (10) days following the communication referred to in Article 4 of this Decree, a report on the existence of a like domestic product, which shall be understood to mean a product which is identical, i.e. alike in all respects to the product under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.

The Undersecretariat shall take a decision on the subject on the basis of the above-mentioned report. In the event that no like domestic product is found to exist, or if any request for additional clarification is not satisfied, the Undersecretariat, after so informing the applicant and the Commission, shall file the papers.

Article 6 – Within a period of ten (10) days from the date of receipt of the report referred to in Article 5 of this Decree, the Undersecretariat shall take a decision on the representativeness of the applicant and shall notify the Commission accordingly.

To that end, the Undersecretariat shall investigate, as appropriate, the origin of the accompanying certifications, and may also hold consultations with the domestic producers in order to verify compliance with the percentage levels of representativeness required by the Agreements on Dumping and Subsidies, as applicable.

Should it be determined that the applicant is not representative of the domestic industry, the Undersecretariat, after so informing the applicant and the Commission, shall disallow the application and file the papers without taking any further action.

Article 7 – The Undersecretariat shall examine the accuracy and adequacy of the evidence provided in the application in respect of dumping or subsidization, in order to determine whether there is sufficient evidence to justify the initiation of an investigation and shall so inform the Secretary of the State for Industry, Trade and Mining within thirty-five (35) days from the date of receipt of the report referred to in Article 5 of this Decree; it shall also submit its findings to the Commission.

Article 8 – The Commission shall examine the accuracy and adequacy of the evidence provided in the application in respect of the damage caused by the imports complained of, in order to determine whether there is sufficient evidence to justify the initiation of an investigation and shall inform the Secretary of State for Industry, Trade and Mining, within thirty-five (35) days from the date of receipt of the report referred to in Article 5 of this Decree, whether or not damage has occurred; it shall also submit its findings to the Undersecretariat.

On the basis of its own report and that of the Undersecretariat, the Commission shall draw up a report on the existence of a causal link within a time-limit of three (3) days and shall present it to the Secretary of State for Industry, Trade and Mining, with a copy to the Undersecretariat.
Upon receipt of the copy of the causal link report and within a time-limit of five (5) days, the Undersecretariat shall present to the Secretary of State for Industry, Trade and Mining its recommendation regarding the decision to be taken on initiation of the investigation, with an assessment of the other circumstances pertaining to general foreign trade policy and the public interest.

Article 9 – The Undersecretariat and the Commission may request additional information from the applicant for the purpose of preparing the reports referred to in Articles 7 and 8 of this Decree. The applicant shall have five (5) days from the date of notification to provide the information requested, during which period the time-limit laid down in Articles 7 and 8 of this Decree shall be suspended.

Article 10 – The Secretary of State for Industry, Trade and Mining, following receipt of the reports referred to in Articles 7 and 8 of this Decree, shall have ten (10) days to decide whether or not it is appropriate to initiate an investigation.

Article 11 – The Undersecretariat shall notify the Secretary of State's decision to initiate an investigation to the representative of the government of the exporting country concerned.

In the case of an application for a subsidy investigation, following receipt of a duly documented application and before proceeding to initiate the investigation, the Undersecretariat shall notify the government of the country of origin or the exporting country concerned, and that government shall be invited to hold consultations with the aim of clarifying the situation and arriving at a mutually agreed solution, as provided in Article 13.1 of the Agreement on Subsidies.

In such case, the Undersecretariat shall attach to its recommendations details of the content, scope and assessment of the consultations carried out under this Article.

Article 12 – The applicant may, before the initiation of the investigation, communicate its decision not to maintain the application submitted, in which case it shall be considered to have been withdrawn, pursuant to Article 67 of Decree No. 1759/72.

Article 13 – The decision to initiate an investigation shall contain the necessary information to ensure proper identification of the product concerned, its origin, the period investigated pursuant to Article 17 below, the basis of the allegation of dumping set out in the application, or a description of the subsidization practice to be investigated, a summary of the factors on which the allegation of injury is based, the causal link, the date from which the decision in question is to enter into force, the address or addresses to which the submissions made by the interested parties should be sent and the time-limits for the interested parties to make known their opinions, as well as any instructions to the General Customs Directorate under the Federal Public Revenue Administration of the Ministry of the Economy and Public Works and Services, that may be considered necessary.

Article 14 – Any decision to initiate an investigation shall be communicated by the Ministry of the Economy and Public Works and Services, within five (5) days of its adoption, to the National Directorate of Official Records, a unit of the Ministry of Justice, for publication in the Official Journal within a maximum of five (5) days from the date of its communication.

Article 15 – The Undersecretariat shall as early as possible communicate the decision on whether or not it is appropriate to initiate an investigation both to the Government of the country concerned whose products are under investigation and to the applicant and other interested parties, whose interest is known from the background information contained in the files.

With due regard for the protection of confidential information, it shall provide to the known exporters and authorities of the exporting country, which so request, the full text of the application submitted in accordance with Article 3 of this Decree, which shall also be made available to the other interested parties upon request. Where the number of exporters involved is particularly high, the full text of the application shall only be provided to the authorities of the exporting country.

Article 16 – The Secretary of State for Industry, Trade and Mining may initiate the investigation ex officio when he has sufficient evidence, pursuant to the provisions of the Agreement on Dumping or the Agreement on Subsidies, as the case may be, and those of this Decree, to determine the existence of dumping or subsidization, injury and a causal link between the two. Prior to such decision, he shall seek from the Undersecretariat and the Commission the reports referred to in Articles 7 and 8 of this Decree.

CHAPTER 2 – CONDUCT OF THE INVESTIGATION

Article 17 – The data to be used for the determination of dumping or subsidization shall be those compiled during a minimum of twelve (12) months preceding the month in which the investigation is initiated. If insufficient information is available for the analysis, the above-mentioned time-limit may be reduced to a minimum of six (6) months. The period of compilation of data for the determination of injury shall normally be thirty-six (36) months preceeding the month in which the investigation is initiated. All of the above shall be without prejudice to the possibility for the Undersecretariat and the Commission to request information concerning a longer period of time.

Article 18 - When it has been decided to initiate an investigation, the Undersecretariat and the Commission may request any information required for the conduct of the investigation by sending questionnaires to the producers, exporters and importers, who shall provide the evidence they intend to rely upon.

Questionnaires shall be considered to have been received one week after the date on which they were dispatched to the addressee or transmitted to the competent diplomatic representative of the exporting country or, in the case of a separate customs territory Member of the WTO, to an official representative of the exporting territory.

The questionnaires, together with supporting documentation, attestation of legal personality and election of special domicile within the radius of the federal capital, shall be returned to the Undersecretariat and/or the Commission within thirty (30) days from the date of receipt by the interested party, accompanied by the corresponding diskette version.

The documentation in question shall be drafted in Spanish or, where appropriate, accompanied by the necessary translation by a certified public translator. It shall also be accompanied by the relevant official attestations.

At the request of a party, the Undersecretariat and/or the Commission may grant extensions to the time-limit for the presentation of information, taking into account the time-frame for the investigation, and provided that the party adequately substantiates the specific circumstances providing grounds for the extension.

When questionnaires are transmitted to interested parties, it shall be expressly placed on record that, in the event that no replies or partial replies are received, the requesting authority shall use the best information available. With regard to both dumping and subsidy investigations, the provisions of Annex II to the Agreement on Dumping shall apply in respect of the term "best information available".

Article 19 - Upon receipt of the questionnaires, the Undersecretariat and the Commission shall review them and, where necessary, request that any omissions be rectified and any necessary clarifications provided within the time-limit of fifteen (15) days following receipt.

The Undersecretariat and the Commission shall determine the date by which the questionnaires and clarifications thereto are to be received and put together in order to be used as a basis for the preliminary determination. Such clarifications and/or corrections, as well as any evidence received subsequently, may be considered, where appropriate, in the following stage of the investigation.

Article 20 - Following the initiation of the investigation and prior to the submission of the report containing the final determination, the Undersecretariat and/or the Commission may convene a hearing of the interested parties at which they may:

(a) Be questioned by the convening body in respect of issues arising from the proceedings;

(b) question or rebut the arguments of the opposing parties with regard to the data and evidence that may have been presented; and

(c) make submissions in writing.

Without prejudice to such notifications as may be made directly, the notification of the hearing shall be published in the Official Journal by the convening body at least ten (10) days before the date of the hearing, and shall in all cases indicate the subjects to be discussed.

In the event that it is decided during the hearing to discuss any item not included in the agenda, such discussion shall be subject to the prior assent of those present, which shall be recorded in the relevant official record.

Following the conclusion of the hearing, an official record of the proceedings shall be drawn up.

Once the period for the presentation of evidence has been officially concluded and before a final determination is made as a basis for the decision whether or not to apply measures, the parties may examine any information available during a period of at least ten (10) days, in order to enable them to defend their interests basing themselves essentially on proceedings prior to that juncture.

Article 21 - The Undersecretariat and the Commission may, within the limits of their respective areas of responsibility and once a decision has been taken to initiate the investigation, carry out on-the-spot investigations in the country or abroad in order to obtain further information and/or to verify the information provided by a party.

Article 22 - The Undersecretariat or the Commission, for the purposes of on-the-spot investigations abroad, shall obtain the prior agreement of the interested party and of the government of the country in question. The Undersecretariat and the Commission shall give sufficient advance notice to the party concerned, indicating the general nature of the information to be verified as well as whether additional information will need to be provided.

If the party or the government of the foreign country do not agree to the on-the-spot investigation, or if they do not cooperate with the investigation, the Undersecretariat or the Commission shall use the best information available in order to complete the investigation. With regard to both dumping and subsidy investigations, the provisions of Annex II to the Agreement on Dumping shall apply in respect of the term "best information available".

Once the on-the-spot investigation has been concluded, an official record of the action taken shall be drawn up and included in the files. The record shall be signed by the party under investigation or its legal representative and the official(s) who carried out the investigation, and a copy shall be provided, upon request, to the party concerned, which shall have ten (10) days either to raise an objection or to present any supplementary information which may have been requested.

If the party under investigation claims that specific information is of a confidential nature, the official in charge of the procedure shall take a decision on confidential treatment, on an "ad referendum" basis with respect to the declaration to be made subsequently by the competent authority. If the request for confidential treatment is not accepted, the party under investigation may withdraw the information concerned.

Article 23 - The Undersecretariat or the Commission, for the purposes of on-the-spot investigations on national territory, shall give notice of ten (10) days to the party concerned, indicating the general nature of the information to be verified, as well as whether additional information will need to be provided.

The Undersecretariat and the Commission shall obtain the prior authorization of the party in order to carry out the on-the-spot investigation. If the party refuses or does not cooperate with the investigation, the Undersecretariat or the Commission shall use the best information available in order to complete the investigation. With regard to both dumping and subsidy investigations, the provisions of Annex II to the Agreement on Dumping shall apply in respect of the term "best information available".

Once the on-the-spot investigation has been concluded, an official record of the action taken shall be drawn up and included in the files. The record shall be signed by the party under investigation or its legal representative and the official(s) who carried out the investigation, and a copy shall be provided, upon request, to the party concerned, which shall have five (5) days either to raise an objection or to present any supplementary information that may have been requested.

If the party under investigation claims that specific information is of a confidential nature, it shall be included in a separate record which shall receive confidential treatment pending a decision on the subject by the Undersecretariat or the Commission under Article 24 of this Decree. If the request for confidentiality is not granted, the party under investigation may withdraw the information concerned.

Article 24 - The Undersecretariat and the Commission shall decide on requests by the parties for the confidential treatment of information within a maximum of five (5) days from the point in time when all the conditions for a thorough analysis of the request have been met. At the same time, the interested party shall provide the grounds for its request, together with non-confidential summaries of the information requested of it, or an explanation of the reasons which preclude presentation of such summaries.

When the Undersecretariat or the Commission reaches a decision in favour of confidentiality of information, the relevant pages shall be extracted from the records and access to them shall be limited, exclusively, to the officials assigned to the investigation.

When no satisfactory summary is provided or no convincing cause is shown for the inability to provide such a summary, the information in question shall be disregarded.

Article 25 - The Secretary of State for Industry, Trade and Mining shall terminate the investigation, at any stage thereof, if he is informed by the Undersecretariat or the Commission, as the case may be, that there is not sufficient evidence of either dumping or subsidization, or of injury, or that the margin of dumping or the amount of a subsidy, or the volume of actual or potential imports is negligible or "de minimis", in accordance with the terms of Article 5.8 of the Agreement on Dumping and Article 11.9 of the Agreement on Subsidies.

CHAPTER 3 - PROVISIONAL MEASURES

Article 26 - The Commission, no sooner than two (2) and no later than four (4) months after the initiation of the investigation, shall inform the Secretary of State for Industry, Trade and Mining whether there are preliminary results pointing to the existence of injury to domestic production caused by the imports under investigation, and shall also communicate its findings to the Undersecretariat.

The Undersecretariat, no sooner than two (2) and no later than four (4) months after the initiation of the investigation, shall inform the Secretary of State for Industry, Trade and Mining whether there are preliminary results pointing to the existence of dumping or subsidization and shall also communicate its findings to the Commission.

The Commission, using the reports referred to in the preceding paragraphs, shall draw up the causal link report within a maximum of ten (10) days, and shall submit the report to the Secretary of State for Industry, Trade and Mining, with a copy to the Undersecretariat.

The Undersecretariat for Foreign Trade, upon receipt of the causal link report and within a period of ten (10) days, shall submit to the Secretary of State for Industry, Trade and Mining its recommendation concerning the provisional measure to be adopted, with an assessment of the other circumstances pertaining to general foreign trade policy and the public interest.

The Secretary of State for Industry, Trade and Mining, in the event of proceeding with the matter, shall bring it to the attention of the Minister of the Economy and Public Works and Services.

The Minister of the Economy and Public Works and Services, upon receipt of the findings of the Secretary of State for Industry, Trade and Mining, shall decide whether it is appropriate to adopt provisional measures.

Article 27 - The decision to impose provisional measures shall contain:

(a) The names of the producers/exporters or, if that is not practicable, of the supplier countries concerned;

(b) a product description sufficient for customs purposes;

(c) the established margins of dumping or the established amount of the subsidy;

(d) considerations relating to the determination of the existence of injury;

(e) the main grounds on which the determination is based;

(f) the method of quantification of the provisional measures;

(g) the relevant instructions to the General Customs Directorate under the Federal Public Revenue Administration of the Ministry of the Economy and Public Works and Services;

(h) the date of its entry into force.

When the preliminary determinations are negative, the decisions shall set out the issues of fact and law on which the Secretary of State for Industry, Trade and Mining based his findings.

Article 28 - Any decision as to whether or not to apply provisional measures shall be transmitted by the Ministry of the Economy and Public Works and Services, within five (5) days of its adoption, to the National Directorate of Official Records attached to the Ministry of Justice, for publication in the Official Journal within the time-limit of five (5) days from the date of its transmission.

Article 29 - The Undersecretariat shall inform all interested parties of the adoption of provisional measures within ten (10) days following publication of the decision in the Official Journal.

CHAPTER 4 - FINAL MEASURES

Article 30 - The Commission, within two hundred (200) days from the initiation of the investigation, shall inform the Secretary of State for Industry, Trade and Mining of the existence of injury to domestic production caused by the imports subject to investigation, and shall also communicate its findings to the Undersecretariat.

The Undersecretariat, within two hundred (200) days from the initiation of the investigation, shall inform the Secretary of State for Industry, Trade and Mining of the existence of dumping or subsidization, and shall also communicate its findings to the Commission.

When reasons of technical complexity require a more thorough analysis, the Undersecretariat or the Commission may extend the time-limit, taking particular account of the maximum period scheduled for completion of the investigation.

The Commission, using the reports referred to in the preceding paragraphs, shall draw up the causal link report within a maximum of ten (10) days and shall submit it to the Secretary of State for Industry, Trade and Mining, with a copy to the Undersecretariat.

The Undersecretariat for Foreign Trade, upon receipt of the causal link report and within a period of ten (10) days, shall submit to the Secretary of State for Industry, Trade and Mining its recommendation on the anti-dumping or countervailing duties to be applied, with its assessment of the other circumstances pertaining to general foreign trade policy and the public interest.

The Secretary of State for Industry, Trade and Mining shall reach a conclusion as to whether or not it is appropriate to apply a final measure, and shall submit the matter to the Minister of the Economy and Public Works and Services for consideration.

The Minister of the Economy and Public Works and Services shall reach a conclusion on the subject and shall in consequence issue the final decision as to whether or not to apply anti-dumping or countervailing duties.

The investigation shall normally be completed within the twelve (12) months from the date of its initiation.

The time-limit prescribed in the previous paragraph may be extended to a maximum of eighteen (18) months when the complexity of the case so requires.

Article 31 - The decisions imposing final measures shall set out all relevant information on the issues of fact and law and the reasons which have led to the imposition of such measures, in particular the information referred to in Article 27 of this Decree.

Decisions which contain final determinations rejecting the application of anti-dumping or countervailing duties shall give details of the issues of fact and law on which the Minister of the Economy and Public Works and Services based his findings.

Article 32 - Any decision to close the investigation, whether or not it provides for adoption of anti-dumping or countervailing measures, shall be transmitted by the Ministry of the Economy and Public Works and Services to the National Directorate of Official Records attached to the Ministry of Justice, for publication in the Official Journal within five (5) days from the date of transmission.

Article 33 - The Undersecretariat shall inform all interested parties of the adoption or non adoption of final measures within ten (10) days of the publication of the decision in the Official Journal.

CHAPTER 5 - UNDERTAKINGS

Article 34 - The Secretary of State for Industry, Trade and Mining, without prejudice to the terms of Article 8.4 of the Agreement on Dumping and Article 18.4 of the Agreement on Subsidies, may suspend or terminate the investigations without imposing provisional or final measures, if approval is given to offers of voluntary undertakings which satisfactorily address the need:

(a) to revise prices or cease exports at dumped prices;

(b) for the exporter to eliminate the injurious effect of the subsidy; and

(c) for the government of the exporting country to eliminate or limit the subsidy or take other measures concerning its effects.

Article 35 - The undertaking offered by an exporter shall be presented to the Secretariat for Industry, Trade and Mining at any time after the Commission has produced the report on the existence of a causal link between the dumping and the preliminary determination of injury referred to in Article 26.

Upon receipt of the offer, the Secretariat for Industry, Trade and Mining shall request the opinion of the Undersecretariat and the Commission, within the sphere of their respective fields of competence, on the feasibility of the proposed undertaking.

The Undersecretariat and the Commission shall have thirty (30) days from the date of the request referred to in the preceding paragraph to produce the respective reports.

The Secretary of State for Industry, Trade and Mining shall have fifteen (15) days from receipt of the above-mentioned reports to decide whether or not to accept the undertaking, during the whole of which period the procedural time-limits governing the investigation shall remain suspended.

Article 36 - The undertaking offered by the government of an exporting country shall be presented to the Secretariat for Industry, Trade and Mining at any time after a preliminary affirmative determination of dumping has been made.

Upon receipt of the offer, the Secretariat for Industry, Trade and Mining shall request the opinion of the Undersecretariat and the Commission, within the sphere of their respective fields of competence, on the feasibility of the proposed undertaking.

The Undersecretariat and the Commission shall have thirty (30) days from the date of the request referred to in the preceding paragraph to produce the respective reports.

The Secretary of State for Industry, Trade and Mining shall transmit his findings in respect of the reports of the Undersecretariat and the Commission to the Minister of the Economy and Public Works and Services within fifteen (15) days from receipt of those reports.

The Minister of the Economy and Public Works and Services shall decide whether or not to accept the undertaking within twenty (20) days from receipt of the findings of the Secretary of State for Industry, Trade and Mining, during the whole of which period the procedural time-limits governing the investigation shall remain suspended.

Article 37 - The decision to suspend an investigation on account of acceptance of an undertaking shall contain all relevant information concerning matters of fact and law and the reasons which led to the acceptance of the undertaking.

Article 38 - The decision to suspend or conclude an investigation on account of acceptance of an undertaking shall be submitted by the Ministry of the Economy and Public Works and Services, within five (5) days of its adoption, to the National Directorate of Official Records attached to the Ministry of Justice, for publication in the Official Journal within a maximum of five (5) days from the date of its submission.

Article 39 - The Undersecretariat shall notify the decision to accept or reject the undertaking as early as possible to the exporter who offered the undertaking, and within a maximum of ten (10) days from publication in the Official Journal to the government of the exporting country which offered the undertaking.

Article 40 - Undertakings may be suggested by the Secretary of State for Industry, Trade and Mining, on the proposal of the Undersecretariat, but no exporter shall be forced to enter into such undertakings.

CHAPTER 6 - COLLECTION OF DUTIES

Article 41 - For the purposes of this Chapter, the term "anti-dumping duty or countervailing duty" shall signify an amount in legal tender equal to or less than the margin of dumping or the amount of the subsidy calculated, estimated and applied for the purpose of offsetting the injurious effects of the calculated dumping or subsidization.

Article 42 - The anti-dumping or countervailing duty, whether provisional or definitive, may be ad valorem or specific. The implementing authority may, for purposes of determining the appropriate anti-dumping or countervailing duty, establish minimum f.o.b. export values.

Article 43 - The anti-dumping and countervailing duties and the provisional measures determined pursuant to the Agreement on Dumping or the Agreement on Subsidies, as the case may be, and to this Decree, shall be applicable from the date established in the respective decision, without prejudice to the retroactivity of the final measures, as provided for in Article 10 of the Agreement on Dumping and Article 20 of the Agreement on Subsidies.

Article 44 - The amount of the anti-dumping duty shall be established prospectively and shall not exceed the margin of dumping determined as a result of an investigation.

Article 45 – The amount of the countervailing duty shall be established prospectively and shall not exceed the amount of the subsidy determined as a result of an investigation.

Article 46 - No product originating in the same country and imported into the Argentine Republic may be made subject simultaneously to anti-dumping and countervailing duties designed to remedy the same situation caused by dumping or export subsidies.

Article 47 - The anti-dumping or countervailing duties, as appropriate, shall apply in addition to all the other existing charges in respect of the imported product concerned, which shall remain in force under their respective legal regimes. They shall also be governed by the rules applicable to import duties.

Article 48 - The General Customs Directorate under the Federal Public Revenue Administration of the Ministry of the Economy and Public Works and Services shall, upon publication in the Official Journal of the decision adopted by the Minister of the Economy and Public Works and Services, issue the necessary instructions for collection of the corresponding anti-dumping or countervailing duty, in conformity with the decision taken in each case by the implementing authority.

Article 49 - The General Customs Directorate under the Federal Public Revenue Administration of the Ministry of the Economy and Public Works and Services shall inform the Undersecretariat and the Commission, on a monthly basis, of the volume and values of imports subject to anti-dumping and countervailing measures, broken down by origin and the amounts of the duties collected.

Article 50 - The total ad valorem subsidization of products exported to the Argentine Republic shall be calculated in accordance with the provisions of Annex IV to the Agreement on Subsidies.

The benefit of a subsidy to the recipient shall be determined on the basis of the information needed to show the existence of the following possible situations, among others:

(a) The benefit derived from government provision of equity capital to firms which do not rely on investment decisions taken pursuant to the customary practice of private investors in the country Member; and

(b) the benefits derived from government loans for which the recipient firm pays an amount lower than it would pay if it were actually obliged to take out a comparable commercial loan.

The method of calculation shall be determined, in every case that arises under these terms upon submission of a request for initiation of an investigation.

Article 51 - Non-actionable subsidies within the meaning of Article 8 of the Agreement on Subsidies shall be considered to mean all measures notified to the Committee on Subsidies and Countervailing Measures of the World Trade Organization, which have not been the subject of a negative report concerning compliance with the conditions laid down in the aforementioned Article 8 of the Agreement on Subsidies.

Article 52 - In order to ensure that the application of the anti-dumping duty does not exceed the actual margin of dumping under the terms of Article 9.3.2 of the Agreement on Dumping, any importer may request reimbursement of the amount paid in excess, upon presentation of the corresponding evidence for that purpose to the Undersecretariat.

The request for reimbursement shall include all documentation on exports to the Argentine Republic effected from the country of origin or the exporting country and, where appropriate, by the exporting or producing firms covered by the measure.

Likewise, the Undersecretariat may request any additional documentation it considers necessary for the purposes of this Article.

The Undersecretariat shall evaluate the request and transmit the relevant report, for consideration, to the Secretary of State for Industry, Trade and Mining, indicating the actual margin of dumping and the methodology to be used by the General Customs Directorate to calculate the refund of the excess duty paid.

The Minister of the Economy and Public Works and Services, in the event that he approves the evaluation submitted by the Secretary of State for Industry, Trade and Mining, shall issue the appropriate decision, instructing the General Customs Directorate to reimburse the excess anti-dumping duties paid.

Upon confirmation of the legitimacy of the request, the refund shall normally take place within twelve (12) months, and in no case more than eighteen (18) months, after the date on which a request for a refund, duly supported by evidence, has been made by an importer.

Article 53 - In the cases and circumstances provided for in Article 9.5 on the Agreement on Dumping and Article 19.3 in fine of the Agreement on Subsidies, any exporter or producer in the exporting country may request the determination of an individual margin of dumping or the establishment of an individual countervailing duty, as appropriate, presenting the necessary information for that purpose to the Undersecretariat.

The Undersecretariat shall report to the Secretary of State for Industry, Trade and Mining within one hundred and twenty (120) days of receipt of the request. The Secretary of State for Industry, Trade and Mining shall submit his findings to the Minister of the Economy and Public Works and Services within fifteen (15) days of receipt of the report. The Minister of the Economy and Public Works and Services shall take a decision within the following twenty (20) days. The investigation procedure provided for in this Decree shall apply in this connection.

CHAPTER 7 – DURATION AND REVIEW OF MEASURES AND UNDERTAKINGS

Article 54 - Any definitive anti-dumping or countervailing duty shall remain in force only as long as and to the extent necessary to counteract dumping or subsidization which is causing injury. However, it may not continue in force longer than five (5) years from the date of its imposition, or from the date of the most recent review if that review covered all aspects of the dumping or subsidization and injury.

Article 55 - Any decision imposing a final measure, or any decision approving an undertaking, may be reviewed provided that one (1) year has elapsed since the establishment of the final measure, or since the most recent review or the approval of the undertaking, subject to presentation of the request for review to the Undersecretariat.

The review may cover the need for continued imposition of the duty to offset dumping or subsidization, or the possibility that the injury would continue or recur if the duty were removed or varied, or both. If, as a result of the review carried out, it is determined that the anti-dumping or countervailing duty is no longer warranted, it shall be made inoperative.

Article 56 - The overall review shall deal with both dumping or subsidization and injury, and the relevant request must be presented to the Undersecretariat.

Article 57 - Changed-circumstance reviews and overall reviews may be carried out ex officio, for which purpose the Secretary of State for Industry, Trade and Mining shall request the Undersecretariat or the Commission, or both, to take a decision, within the sphere of their respective fields of competence, with regard to the continuation, variation or removal of the measure.

Article 58 - Reviews shall be carried out expeditiously and shall be concluded within a period of nine (9) months from the date of their initiation. The review procedure to be followed shall guarantee participation and contribution of evidence by the interested parties.

The time-limit provided for in the preceding paragraph may be extended to a maximum of eighteen (18) months, when the complexity of the case so requires.

The provisions of this Decree regarding the investigation procedure shall apply, where appropriate, to the review procedure.

Article 59 - In exceptional cases of substantially changed circumstances, or when the implementing authority determines that it is in its interest to do so, it may carry out reviews at intervals shorter than those prescribed, on its own initiative or at the request of the interested party.

Article 60 - The Commission shall submit its report on injury and the Undersecretariat shall submit its findings on dumping or subsidization, with a copy to the Commission.

The Commission, using the reports referred to in the preceding paragraphs, shall draw up the causal link report within a maximum of ten (10) days and shall submit it to the Secretary of State for Industry, Trade and Mining, with a copy to the Undersecretariat.

The Undersecretariat for Foreign Trade, upon receipt of the causal link report and within a period of ten (10) days, shall submit to the Secretary of State for Industry, Trade and Mining its recommendation on the final measure to be adopted, within an assessment of the other circumstances pertaining to general foreign trade policy and the public interest.

The Secretary of State for Industry, Trade and Mining, within fifteen (15) days of receipt of the reports, shall submit its opinion to the Minister of the Economy and Public Works and Services for the latter to adopt any measure he considers timely and appropriate.

The Minister of the Economy and Public Works and Services shall take a decision on the subject with due regard for the time-limit prescribed in Article 58 of this Decree.

The Undersecretariat and the Commission shall have one hundred and eighty (180) days, from receipt of the request for review duly presented by an interested party, or of the request made by the Secretary of State for Industry, Trade and Mining, to prepare and submit the reports referred to in the first paragraph of this Article.

When reasons of technical complexity justify a more thorough analysis, or in the case of overall reviews, the time-limit provided for in the preceding paragraph may be extended to a maximum of two hundred and forty (240) days.

CHAPTER 8 – APPEALS

Article 61 - The interested parties may challenge by judicial process any decision subject to administrative appeal when the administrative appeal process has been exhausted, as provided in the following Article.

In the event that a judicial appeal is lodged by an interested party, and at the request of the judge dealing with the case, the implementing authority so requested shall provide a certified copy of the respective records.

Article 62 – Appeals may be lodged against measures imposing or refusing the application of provisional or definitive anti-dumping or countervailing duties, and against decisions which suspend, refuse, revoke or terminate investigations. Other decisions adopted during the investigation shall not be subject to appeal.

CHAPTER 9 - SMALL- AND MEDIUM-SIZED ENTERPRISES (SMEs)

Article 63 - The Undersecretariat shall provide a specialized information service for SMEs.

Article 64 - The basic functions of the specialized information service for SMEs shall be:

(a) To cooperate in the search for information required for determination of the formal criteria provided for by law for the initiation of an investigation; and

(b) to facilitate SME access to such data on the domestic market of the country of origin or the exporting country as are required for the determination of normal value by the economic and commercial sections of the Ministry of Foreign Affairs, International Trade and Worship.

Article 65 - For the purposes of this Chapter, SMEs shall be considered to be those companies covered by the provisions of Decision No. 401 of the former Ministry of the Economy, dated 23 November 1989, and amendments thereto, Decisions Nos. 208 and 52 of the Ministry of the Economy and Public Works and Services, dated 24 February 1993 and 13 January 1994 respectively, or those by which they will be replaced in the future.

CHAPTER 10 - GENERAL

Article 66 - In the case of imports from a country whose trade is subject to a full or almost full monopoly, or where domestic prices are set by the State, or any other similar situation, the normal value shall be determined by reference to any of the following criteria:

(a) The value calculated for a market-economy third country;

(b) the export price from such third country to other countries, including the Argentine Republic;

(c) any other reasonable basis, including the price actually paid or payable in the Argentine Republic for the like product, duly adjusted if necessary to include a reasonable profit margin.
For the purpose of selecting an appropriate market-economy third country, due account shall be taken of any reliable information available at the time of selection. Account shall also be taken of time-limits and, where appropriate, a market-economy third country which is subject to the same investigation shall be used.

Shortly after the initiation of the investigation, the interested parties shall be informed of the market-economy third country selected.

Article 67 - A measure in force shall be considered to be circumvented when:

(a) Parts and/or components of the investigated product, assembled to produce a like product, are exported to Argentina; or

(b) a like product, produced by the assembly of parts and/or components of the investigated product, or by some other operation effected in a third country, is exported to Argentina; or

(c) any other practice occurs which tends to undermine the remedial effects of the measure applied, reflecting in all cases a change in the characteristics of trade between third countries and Argentina as a result of a practice, process or activity for which there is no adequate cause or economic justification other than the imposition of the duty.

Article 68 - Anti-circumvention action shall be based on the main elements of information put together in the investigation concerning the measure being circumvented, establishing for that purpose a separate procedure in which the interested parties will be allowed to intervene.

Article 69 - The investigation of circumvention practices may be carried out ex officio or at the request of a party through the Undersecretariat, with intervention by the Commission and, where appropriate, by other competent agencies.

Requests by parties shall contain reasonable evidence of the alleged circumvention practice, without prejudice to any other information which the implementing authority might request at the appropriate time.

Article 70 - Once the separate file has been established, the Undersecretariat shall submit a copy to the Commission so that the latter, within its field of competence, may give its opinion within sixty (60) days.

Article 71 - The Undersecretariat, on the basis of the Commission's report and other relevant steps taken, shall issue its recommendation to the Secretary of State for Industry, Trade and Mining, within forty (40) days from receipt of the Commission's report, for his information and consideration.

Article 72 - The Minister of the Economy and Public Works and Services shall decide in such cases whether it is necessary to extend the scope of the anti-dumping or countervailing duties to imports of like products or parts thereof from the same point of origin investigated or third points of origin, as the case may be.

Article 73 - In particularly complex circumvention cases, the prescribed time-limits may be extended with the agreement of the Secretary of State for Industry, Trade and Mining.

Article 74 - The existing rules of discovery and evidence in respect of investigations shall apply to circumvention proceedings.

TITLE III

Article 75 - The applicant, or his agent or qualified representative, may at any point in the proceedings inspect the file, except for those papers, reports or opinions which have been declared to be of a confidential nature by the competent authority.

The other interested parties, or their agents or representatives, may inspect the file after the initiation of the investigation, subject to the exception referred to in the preceding paragraph in respect of confidential information.

Article 76 - In cases where specific provision has been made for publication in the Official Journal, such publication shall constitute sufficient notice for all purposes. Other notifications shall be considered to be accomplished by any of the following means:

(a) Direct access to the file by the interested party, his agent or legal representative, expressly placed on record, upon proof of the identity of the notified party;

(b) certified, duplicated or registered telegram, with notice of delivery;

(c) official letter treated as express registered mail, with notice of receipt;

(d) documentary letter.

Article 77 - The interested parties, or their agents or representatives, may take copies of the file, at their own cost, after the initiation of the investigation and on written request, subject to the exception referred to in Article 24 of this Decree in respect of confidential information.

Article 78 - The time-limits under this Decree shall be understood to be working days, unless expressly provided otherwise.

Article 79 - This Decree shall enter into force in fifteen (15) days after its publication in the Official Journal and shall be applicable to investigations and reviews of existing measures initiated as a result of applications submitted after the date of its entry into force.

Article 80 - The Undersecretariat shall be responsible for directing the investigation procedure concerning the application of anti-dumping or countervailing duties, without prejudice to the investigative powers entrusted to the Commission by this Decree and Decree 766/94.

The procedure for the application of anti-dumping and countervailing duties provided for in this Decree shall also be governed by the National Law on Administrative Procedures, No. 19,549, and the Regulations on Administrative Procedures – Decree No. 1759/72 T.O. 1991.

Article 81 - This Decree shall be proclaimed, published, transmitted to the National Directorate of Official Records and filed. MENEM. – Jorge A. Rodríguez. – Guido Di Tella. – Roque B. Fernández.