 
. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/MEX/5 
G/SCM/Q1/MEX/5 18 February 2004 
 
 
(04-0668) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5 
AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the EUROPEAN COMMUNITIES
1 
Regarding the Notification of Mexico2 
   The following communication, dated 23 October 2003, is being circulated at the request of the Permanent Delegation of Mexico. 
 
_______________ 
 
1. Could Mexico please clarify how the last  paragraph of Article 40 concerning the 
determination of the domestic industry is co nsistent with the Anti-Dumping Agreement. 
Reply
 
 
 Under Article 40 of the Foreign Trade Act, when all of the producers are related to the exporters or importers, Mexico may
 take as the domestic industry the manufacturers of the goods 
produced during the immediately preceding stage in th e same continuous line of production, and will 
do so provided that the goods in question comply w ith the criteria set in Article 2.6 of the Anti-
Dumping Agreement.  The article is thus cons istent with the provisions of the Anti-Dumping 
Agreement.  
2. Article 43 of the Decree contains a provision on cumulation.  Could Mexico confirm that 
this provision is applied only if the conditions of Article 3.3 of the Anti-Dumping Agreement are 
met? 
Reply
 
  Yes.  Under the Mexican legal system intern ational treaties apply automatically without the 
need for implementing legislation.  Consequently , the Anti-Dumping Agreement is current law in 
Mexico and its provisions are mandatory. 
 
3. Does it follow from Article 51 of the Decree that parties willing to cooperate in an 
investigation are required to be represented by  a lawyer possessing a licence to practise in 
Mexico, and to designate a domicile in Mexico  for the receipt of notifications?  In the 
affirmative, does Mexico consider that such condi tion is necessary for the purpose of conducting 
anti-dumping investigations in accord ance with the Anti-Dumping Agreement? 
                                                     
 
1 G/ADP/Q1/MEX/1-G/SCM/Q1/MEX/1. 
2 G/ADP/N/1/MEX/1/Suppl.2-G/SCM/N/1/MEX/1/Suppl.1-G/SG/N/1/MEX/1/Suppl.1 G/ADP/Q1/MEX/5 
G/SCM/Q1/MEX/5 Page 2 
 
 
 Reply
 
  No.  Under Article 51, second pa ragraph, of the Foreign Trade Act the legal representatives of 
the parties must have the professional qualifications and licence, but need not
 be lawyers.  However, 
if the legal representatives are members of a party's bo ard of directors or the equivalent thereof, they 
are not  required to submit professional qualifications or licences. 
  As to the domicile for the receipt of notif ications, Mexico views this as positive since it 
affords the other parties certainty in law and faci litates expeditious notification in anti-dumping 
investigations. 
 
__________ 
 
 