WORLD TRADE
ORGANIZATIONG/ADP/N/1/ARG/1/Suppl.5
G/SCM/N/1/ARG/1/Suppl.5
29 October 2001
(01-5310)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
ARGENTINA
Supplement
The following communication, dated 18 October 2001, has been received from the Permanent
Mission of Argentina.
_______________
Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the GATT
1994 and Article 25.12 of the Agreement on Subsidies and Countervailing Measures, I have the
pleasure to notify the Committee on Anti-Dumping Practices and the Committee on Subsidies andCountervailing Measures of Decree No. 1088 of 28 August 2001 which will come into force on
1 January 2002 and amends Regulatory Decree No. 1326 of 10 November 1998.G/ADP/N/1/ARG/1/Suppl.5
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FOREIGN TRADE
Decree 1088/2001
Anti-dumping and anti-subsidy regimes in Law No. 24,425. Speeding up of procedures for
investigations into unfair trade practices conducted in accordance with current regulations.
Definitions. Investigation. Application for initiation and conduct. Preliminary and final
determinations. Undertakings. Retroactivity. Collection of duties. Duration and review of
measures and undertakings. Small and Medium-Sized Enterprises - SMEs. Circumvention.General provisions. Validity. Scope of Decree No. 1326/98.
Buenos Aires, 28 August 2001
HAVING REGARD TO Law No. 24,425 and Regulatory Decree No. 1326 of
10 November 1998, and
WHEREAS:
The Final Act Embodying the Results of the Uruguay Round of Multilateral Trade
Negotiations, the Ministerial Decisions, Declarations and Understandings and the Marrakesh
Agreement Establishing the WORLD TRADE ORGANIZATION (WTO) 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, c ontains 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 para graph call for their provisions to be applied in
respect of reviews of investigations initiated under Law No. 24,425, Regulatory Decree No. 2121 of30 November 1994 and Decree No. 1326 of 10 November 1998;
Decree No. 1326 of 10 November 1998 established and put into effect rules and regulations
for the effective implementation of Law No. 24,425;
Procedures for investigations into unfair trade practices conducted in accordance with current
regulations should be speeded up;
Accordingly, the date of entry into force of this regulation should be established and the cases
in which Decree No. 1326/98 would remain in force defined;
The GENERAL DIRECTORATE FOR LEGAL AFFAIRS of the MINISTRY OF THE
ECONOMY has taken appropriate action within its sphere of competence;
The NATIONAL EXECUTIVE is competent to enact this Act by virtue of the provisions of
Article 99,  paragraph 2, of the NATIONAL CONSTITUTION;G/ADP/N/1/ARG/1/Suppl.5
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Wherefore,
THE PRESIDENT OF THE ARGENTINE NATION
DECREES:
TITLE I - DEFINITIONS
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;(b) the SECRETARIAT OF TRADE of the MINISTRY OF THE ECONOMY;(c) the UNDERSECRETARIAT FOR FOREIGN TRADE MANAGEMENT, a unit of
the SECRETARIAT OF TRADE of the MINISTRY OF THE ECONOMY;  and
(d) the NATIONAL FOREIGN TRADE COMMISSION, a decentralized agency of the
SECRETARIAT OF TRADE of the MINISTRY OF THE ECONOMY.
Article  2 - For the purposes of this Decree, the following meanings shall apply:
(a) "Anti-Dumping Agreement", the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade (GATT) 1994, approved by Law
No. 24,425;
(b) "Agreement on Subsidies", the Agreement on Subsidies and Countervailing Measures
of the General Agreement on Tariffs and Trade (GATT) 1994, approved by Law
No. 24,425,
(c) "the Ministry", the MINISTRY OF THE ECONOMY;(d) "the Secretariat", the SECRETARIAT OF TRADE;(e) "the Undersecretariat", the UNDERSECRETARIAT FOR FOREIGN TRADE
MANAGEMENT;
(f) "the Commission", the NATI ONAL FOREIGN TRADE COMMISION;
(g) "dumping", a product is to be considered as being dumped, i.e. introduced into the
commerce of another country at less than its normal value, if the export price of the
product exported from one country to another is less than the comparable price, in the
ordinary course of trade, for the like pr oduct when destined for consumption in the
exporting country;
(h) "subsidy", a subsidy is a benefit conferred by a foreign government through its public
bodies or a private body, either directly or indirectly and specifically destined for one
or several given domestic industry(ies) in order to strengthen its/their internationalcompetitive position;G/ADP/N/1/ARG/1/Suppl.5
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(i) "injury", shall be taken to mean materi al injury to a domestic industry, threat of
material injury to a domestic industry or material retardation of the establishment of
such an industry;
(j) "like product", shall be interpreted 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.
TITLE II - INVESTIGATION
CHAPTER 1 - APPLICATION FOR INITIATION OF THE INVESTIGATION
Article 3 - The application for initiation of a dumping or subsidy investigation shall be
submitted by or on behalf of the domestic industry which considers itself to be affected by the alleged
dumping or subsidization.
The application shall be submitted in accordance with the guidelines, requirements and
formalities established for that purpose by the Secretariat, as well as those established in Article 5 of
the Anti-Dumping Agreement and Article 11 of the Agreement on Subsidies, and shall include
evidence which can reasonably be expected to be in the possession of the applicants(s) of thefollowing:
(a) Dumping or subsidization;(b) injury;  and(c) a causal link between the two.The applicant(s) shall likewise produce reliable evidence of the representativeness to which
it/they lay(s) claim, in accordance with Article 5 of the Anti-Dumping Agreement and Article 11 of
the Agreement on Subsidies, supported where possible by certification by the corresponding
association, chamber, federation or business entity representing it/them, of its/their percentage shareof the domestic industry to which it/they belong(s).
Prior to submission of the application, the interested parties may request advice on the
formalities required from the service determined for that purpose by the Undersecretariat as well as
from the Commission.
Article  4 - 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 ) working days, the Undersecretariat shall notify
its acceptance of the application, with a copy to the Commission, and inform the applicant(s).
Article  5 - The Undersecretariat shall analyse the evidence provided in the application and
check whether it complies with the requirements set fo rth in Article 3 above, in which case it shall,
within TWENTY (20) days of the notification of acceptance of the application, submit its report
recommending the initiation of the investigation to th e Secretariat. The latter shall, within FIVE (5)
days, declare the initiation of the investigation. When making its recommendation, theUndersecretariat shall assess other circumstances pe rtaining to general foreign trade policy and the
public interest, substantiating its assessment in each instance.G/ADP/N/1/ARG/1/Suppl.5
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Article 6 -  The resolution to initiate an investig ation shall contain the following necessary
information:
(a) The proper identification of the product under investigation;(b) the origin(s) of the product;(c) the existence of a like domestic product;(d) the period investigated pursuant to Article 12 below;
(e) the basis of the allegation of dumping set out in the application or a description of the
subsidization practice to be investigated,
(f) a summary of the factors on which the allegation of injury is based;
(g) the causal link;
(h) the date on which the decision in question is to enter into force;
(i) the invitation to all parties which demonstrate a legitimate interest in the investigation
to submit all of the evidence they feel is relevant;
(j) the addresses to which such submissions should be sent;
(k) the corresponding instructions to the DIRECTORATE-GENERAL OF CUSTOMS;
and
(l) other requirements as set out in Article 5 of the Anti-Dumping Agreement and
Article 11 of the Agreement on Subsidies.
Article 7 - In the event of a decision that an investigation would not be appropriate, the
Secretariat shall inform the applicant(s) of this decision and of the factual and legal basis for it.
Article 8 - In the case of applications for anti-dumping investigations, the Undersecretariat
shall inform the representative of the government(s ) of the exporting country(ies) involved of the
Secretariat's decision to initiate an investigati on. In the case of an application for a subsidy
investigation, following receipt of the application and before proceeding to initiate the investigation,the Undersecretariat shall notify the government of the country of origin or the exporting country
concerned, as provided in Article 13 of the Agreement on Subsidies.
Article 9 - The Undersecretariat shall, as early as possible, notify the decision to initiate an
investigation to the applicant and other partie s whose interest is known from the background
information in the files, including producers, exporters and importers of the product under
investigation.
With due regard for the protection of confidenti al information, it shall provide to the known
exporters and authorities of the exporting country the full text of the non-confidential version of theapplication submitted in accordance with Article 3 of this Decree and Law No. 24,425, 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.G/ADP/N/1/ARG/1/Suppl.5
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Article 10 -  The applicant may, prior to 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 the Regula tions on Administrative Procedures, Decree 1759/72
T.O. 1991.
Article 11 -  The Secretariat may initiate the investigation ex officio when it has sufficient
evidence, pursuant to the provisions of the Anti-D umping Agreement or the Agreement on Subsidies,
as the case may be, and this Decree, to determine the existence of dumping or subsidization, injury
and a causal link between the two. Prior to such a decision, it shall seek the report referred to in
Article 5 above from the Undersecretariat.
CHAPTER II - CONDUCT OF THE INVESTIGATION
Article 12 - The period for compiling data for the determination of dumping or subsidization
shall correspond to the TWELVE (12) months preceeding the month in which the investigation is
initiated. In the event of a shorter period of time being considered appropriate for the analysis, the
above-mentioned time-limit may be reduced to a minimum of SIX (6) months.  The period for
compiling data for the determination of injury shall correspond to THREE (3) full years plus all
months of the current year preceding the month in which the investigation is initiated.  All of theabove shall be without prejudice to the possibility for the Undersecretariat and the Commission to
request information relating to a longer or shorter period of time, according to the particular
circumstances of each case.
Article 13 - When a decision has been taken to initiate an investigation and at any stage
thereof, the Undersecretariat and the Commission may request any information required for the
conduct of the investigation by sending questionnaires to the producers, exporters, importers, users
and/or consumers, who shall provide the evid ence that these bodies intend to rely upon.
The completed questionnaires, together with supporting documentation, shall be returned to
the Undersecretariat and/or Commission within THIRTY (30) days of their date of receipt by the
interested party.
When there is no reliable record of the date of receipt of the questionnaires, they 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, to an official representative of the exporting territory.
At the request of a party, the Undersecretari at and/or the Commission may grant extensions to
the time-limit for the presentation of informati on, taking into account the time-frame for the
investigation and provided that the party adequately substantiates the specific circumstances
constituting grounds for the extension.
When questionnaires are transmitted to interested parties, it shall be expressly placed on
record that, in the event of no replies or partial replies being received or replies not providing the
information required, the implementing authority shall use the best information available. The
provisions of Law No. 24,425 and this Decree shall apply in respect of the term "best informationavailable".G/ADP/N/1/ARG/1/Suppl.5
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Article 14  - When there is a large number of applicants, exporters or importers, the
investigation may be limited to a representative number of interested parties by using samples which
are statistically valid on the basis of the information available at the time of selection.
Notwithstanding the above, the margin of dum ping shall be determined for any exporter not
initially selected who submits the necessary information within the time-limits established in this
Decree.
Article 15 -  Upon receipt of the questionnaires, the Undersecretariat and the Commission
shall review them and, where required, request that any necessary clarifications be provided within a
maximum of TEN (10) days.
Such clarifications and/or corrections, as well as any evidence received after the time-limit
and completed questionnaires returned within an extension period which are unable to be considered
for the preliminary determination may be consid ered, where appropriate, subsequent to such
determination.
Article 16 - The interested parties may furnish evid ence for the investigation in relation to
dumping or subsidization not later than SIXTY (60) days before the final determination by the
Undersecretariat and in relation to injury and causality not later than SIXTY (60) days before the final
determination by the Commission. Once the period for presenting evidence has been officiallydeclared as over and following the hearings referred to in Article 17 of this Decree, the
Undersecretariat and the Commission shall notify the essential facts under consideration that form the
basis for the decision on whether or not to apply final measures. These shall be made available to the
parties for FIVE (5) working days to allow them to defend their interests.
The time-limit for presenting the closing argume nts shall be FIVE (5) working days as from
the working day following the time-limit mentioned in the above paragraph. Subsequent statements
shall not be taken into consideration.
Once the time-limit for presenting the closing arguments has expired, the preliminary
investigation shall be concluded.
Article 17 -  After each preliminary determination and prior to the final determinations on
dumping or subsidization and injury and causality, the Commission and the Undersecretariat shall
convene a public hearing to enable the interested parties to state their positions, request clarification
and answer the questions posed by the implementing authority.
In exceptional cases, the Undersecretariat or the Commission may convene a closed hearing,
in which case they shall state the grounds for such a hearing. In the case of the Commission, such a
decision shall be taken unanimously by its board of directors.
The Undersecretariat and the Commission, within the sphere of their respective fields of
competence, shall decide upon the procedure and time- limits for the hearing, as well as the deadlines
by which the parties must provide their accreditation and indicate their willingness to participate.
Article 18  - 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, carryout on-the-spot investigations in the country or abroad in order to verify the information provided by a
party.G/ADP/N/1/ARG/1/Suppl.5
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The Undersecretariat and the Commission, for the purposes of on-the-spot investigations,
shall give notice of no less than 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.
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 reco rd 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 to present any
supplementary information which may have been requested.
If the party under investigation claims that specif ic 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 no t accepted, the party under investigation may withdraw
the information concerned.
Article 19 - The parties may request confidential treatment of information. The
Undersecretariat and the Commission shall rule within the sphere of their respective fields of
competence and within a maximum of FIVE (5) working days from the time when all of the
conditions for a thorough analysis of the request have been met. Such conditions shall include
providing the grounds for the request, together with non-confidential summaries of the informationrequested 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 shown for the inability to
provide such a summary, the information in question shall be disregarded and placed at the disposal of
the interested party.
Article 20 -  In cases where any interested party refuses access to, or otherwise does not
provide the necessary information within the time-lim its established in this Decree, or significantly
impedes the investigation, preliminary or final determinations, either affirmative or negative, may be
made on the basis of the facts available. Where it is found that an interested party has supplied false or
misleading information, the information shall be disregarded and use may be made of facts available.
The outcome of cases where an interested party does not cooperate with the investigation at
all or does not do so fully could prove less favourable to that party than if it had cooperated.
Information submitted by an interested party which is not ideal in all respects should
nevertheless not be disregarded, provided that any deficiencies are not such as to prevent reasonably
accurate findings and that the information has been submitted within the time-limits established in thisDecree and is verifiable and that the party has acted to the best of its ability, pursuant to Law
No. 24,425.
If information is not used, the supplying parties shall be informed of the reasons therefor.G/ADP/N/1/ARG/1/Suppl.5
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CHAPTER III - PRELIMINARY DETERMINATIONS
Article 21 -  The Undersecretariat has up to SIXTY (60) days from the initiation of the
investigation to make a preliminary determination of dumping or subsidization on the basis of theevidence available at this stage.  If the determination is affirmative, it shall submit a copy of its report
to the Commission.
If the Undersecretariat makes a determination of absence of dumping or subsidization, it shall
inform the Secretariat which, should it consider it appropriate, may decide to close the investigation
and file the papers.
Article 22  - The Commission, within a maximum of SIXTY FIVE (65) days of deciding to
initiate the investigation, shall make a preliminar y determination of injury to the domestic industry
caused by the imports under investigation on the basis of the evidence available at this stage and the
causality report.  It shall likewise propose the appropriate provisional measures to alleviate the injury,
stating the methodology used for their calculation. This report shall be submitted to theUndersecretariat.
In the event of a negative determination by the Commission, the Undersecretariat, upon
receipt of the notification thereof, shall submit the papers to the Secretariat for the latter, should it
consider it appropriate, to declare the investigation terminated and file the papers.
Article 23  - The Undersecretariat, within FIVE (5) days of receipt of the Commission report,
shall submit to the Secretariat its recommendation on whether or not to apply provisional duties,
taking into consideration all other circumstances pertaining to general foreign trade policy and the
public interest, and substantiating its assessment in each instance.
The Secretariat, within TEN (10) days, shall make its recommendation to the Ministry of the
Economy which shall then decide within TEN (10) days whether or not it is appropriate to adopt
provisional measures.
If the Undersecretariat or the Commission lack sufficient evidence to announce a decision at
this stage of the investigation, the investigation shall continue until a final determination has beenreached, and the applicant and other interested parties shall be duly notified.
Article 24 - The decision to impose provisional measures shall include the following:
(a) The names of the producers/exporters or, if this is impracticable, of the supplier
countries concerned;
(b) a product description 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 and causal link;(e) the main grounds on which the preliminary determination is based;
(f) the method of quantifying the provisional measures;
(g) the relevant instructions to the DIRECTORATE-GENERAL OF CUSTOMS;  andG/ADP/N/1/ARG/1/Suppl.5
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(h) the date of its entry into force and other elements established in the existing
regulations.
Article 25  - The Undersecretariat shall inform all interested parties of the adoption of
provisional measures within a maximum of FIVE (5 ) working days of the publication of the decision
in the Official Journal.
Article 26 - When the Ministry of the Economy decides not to apply provisional measures,
pursuant to Article 23 of this Decree, the applicant and other interested parties shall be notified
thereof, setting out the factual and legal reasons on which the Authority based its findings.
CHAPTER IV - FINAL DETERMINATIONS
Article 27 -  The Undersecretariat, within ONE HUNDRED AND EIGHTY (180) days of the
initiation of the investigation, shall make a final determination of dumping or subsidization, inform
the Secretariat of the existence of dumping or subsidization and communicate its findings to theCommission.
When reasons of technical complexity require a more thorough analysis, the Undersecretariat
may ask the Secretariat to extend the time-limit mentioned in the above paragraph for a period of not
more than FORTY (40) days.
If the final determination of the Undersecretariat is negative, the Secretariat, should it
consider it appropriate, may decide to close the investigation and file the papers.
Article 28 - The Commission, within TWO HUNDRED (200) days of the initiation of the
investigation, shall make its final determination of  injury to the domestic industry caused by the
imports under investigation and a causal link between the latter and the dumping or subsidization, and
submit a copy of its report to the Undersecretariat. Likewise, together with the report on injury and
causality, it shall propose the appropriate final measures to alleviate the injury, stating the
methodology used for their calculation.
When reasons of technical complexity require a more thorough analysis, the Commission may
ask the Secretariat to extend the time-limit mentioned in the above paragraph for a period of up to
FORTY (40) days.
When the Undersecretariat makes use of the additional period provided for in Article 27 of
this Decree, the Commission shall make its final determination of injury and causality withinTWO HUNDRED AND FORTY (240) days.
The Undersecretariat, upon receipt of the Commission report and within a period of TEN (10)
days, shall submit to the Secretariat a report recommending whether or not anti-dumping or
countervailing duties should be applied, taking account of the other circumstances pertaining togeneral foreign trade policy and the public interest and substantiating its assessment in each instance.
The Secretariat of Trade, within TEN (10) days, shall reach a conclusion as to whether or not
it is appropriate to apply a final measure and refer the matter to the Ministry of the Economy for its
consideration.
The Ministry of the Economy, within TEN (10) days, shall rule on the subject and, in
consequence, issue the final decision as to whet her or not to apply anti-dumping or countervailing
duties.G/ADP/N/1/ARG/1/Suppl.5
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Article 29 - 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,
following the guidelines established in Article 24 a bove.  The decision shall also specify whether the
security posted while the provisional duties were in force should be executed or released.
Article 30 -  The Undersecretariat shall inform all interested parties of whether or not final
measures are to be applied within FIVE (5) working days of the publication of the decision in the
Official Journal.
Article 31 -  When provisional measures have been established for a period of over FOUR (4)
months as a result of the existence of some of the circumstances provided for in Article 7.4 of the
Anti-Dumping Agreement, the time-lim its for the final determinations of the Undersecretariat and the
Commission may be extended to TWO HUNDRED AND FORTY (240) and TWO HUNDRED AND
SIXTY (260) days, respectively.  In this case, the Undersecretariat, and therefore the Commission,
shall not make use of the additional period established in Article 27 of this Decree.
The investigation shall normally be completed within TWELVE (12) months of its date of
initiation.
CHAPTER V - UNDERTAKINGS
Article 32 - The Ministry of the Economy may suspend or terminate the investigations
without imposing provisional or final measures if offers of voluntary undertakings presented in
accordance with Articles 8.4 of the Anti-Dumping Agreement and 18.4 of the Agreement on
Subsidies and this Decree are accepted.
Article 33 -  Once an affirmative preliminary determination of dumping or subsidization,
injury and causal link has been made, the undertaking shall be presented to the Undersecretariat which
shall submit a copy of this presentation to the Commission.
The Undersecretariat and the Commission shall have THIRTY (30) days from the date of the
presentation referred to in the preceding paragraph to produce their respective reports.
The Undersecretariat, upon receipt of the Commission report and within FIVE (5) days, shall
make its recommendation on whether or not the undertaking should be accepted, taking into
consideration the other circumstances pertaining to general foreign trade policy and the public
interest, and substantiating its assessment in each case.
The Secretariat shall transmit its findings in respect of the reports of the Undersecretariat and
the Commission to the Minister of the Economy within TEN (10) days of their receipt.
The Ministry of the Economy shall have TEN (10) days to decide whether or not to accept the
undertaking and to issue the corresponding resolution, during which period the procedural time-limits
governing the investigation shall remain suspended for the enterprises offering the undertaking.
The Undersecretariat and the Commission may request, if need be, any necessary
clarifications within FIVE (5) days of the receipt of the undertaking. These shall be provided withinTEN (10) days.G/ADP/N/1/ARG/1/Suppl.5
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Article 34 -  The decision to suspend or conclude an investigation on account of the
acceptance of an undertaking shall include all relevant information concerning matters of fact and law
and the reasons which led to such acceptance.
Article 35  - 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 FIVE (5)
working days of its publication in the Official Journal.
Article 36  - Undertakings may be proposed by the Secretariat, at the suggestion of the
Undersecretariat or Commission, but no exporter shall be forced to enter into them. Likewise,
according to the conclusions drawn by the Undersecretariat and Commission, exporters may be askedto amend their proposals so that their feasibility may be examined.
CHAPTER VI - RETROACTIVITY
Article 37 - Provisional and final measures shall only be applied after the decision taken
pursuant to this Decree enters into force, subj ect to the exceptions set out in this Article.
When provisional measures have been applied and the Commission has reached a final
affirmative determination of injury and causality and the Undersecretariat has done likewise for
dumping or subsidization, the latter shall decide what proportion of the provisional duty is to bedefinitively collected.
This decision shall not apply when the Commission has made a final determination of threat
of injury and causality, except where it is found that the threat of injury would, in the absence of
provisional measures, have developed into injury.
In all other cases in which the Commission has made a final determination on the threat of
injury and causality, the security posted shall be released and final measures imposed only as of the
date on which the determination is made.
Article 38 -  If the final measure is higher than the provisional one, the difference shall not be
collected. If the final measure is lower than the provisional one, the difference shall be reimbursed orthe duty recalculated. When a final determination is negative, the provisional measure shall not be
confirmed.
Article 39 -  A definitive duty may be levied on products which were entered for consumption
not more than NINETY (90) days prior to the date of application of provisional measures, but notprior to the initiation of the investigation, when:
(a) The Undersecretariat determines that there is a history of dumping or that the
importer was, or should have been, aware that the exporter practises dumping and that
such dumping would cause injury;  and
(b) the Commission determines that, in addition to the level of imports which caused
injury during the investigation period, there is a further substantial rise in imports
which, in the light of the timing, volume and other circumstances, such as a rapid
build-up of inventories of the imported product, is likely to undermine the remedialeffect of the measure to be applied.
These determinations shall be made together w ith the final determinations, as stipulated in
Chapter IV of Title II of this Decree.G/ADP/N/1/ARG/1/Suppl.5
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The report by the Undersecretariat recommending whether or not final measures should be
applied shall also include a recommendation as to whether duties be applied retroactively.
The Secretariat shall reach a conclusion on whether or not the retroactive application of a
final measure is appropriate, referring the matter to the Ministry of the Economy for its consideration.
The latter shall reach a conclusion on the subject and shall in consequence issue a decision
establishing or rejecting the retroactive application of anti-dumping or countervailing duties.
CHAPTER VII - COLLECTION OF DUTIES
Article 40 -  For the purposes of this Chapter, the terms "anti-dumping duty" and
"countervailing duty" shall signify an amount in legal tender equal to the margin of dumping or the
amount of the subsidy, respectively, determined as preliminary or final measures and applied for the
purpose of offsetting dumping or subsidization.
Article 41 -  An anti-dumping or countervailing duty, whether provisional or definitive, may
be ad valorem  or specific, fixed or variable or a combination of the two, or determined by establishing
minimum f.o.b. export values.
Article 42 -  The amount of the anti-dumping or countervailing duty shall be established on a
retrospective basis and shall not exceed the margin of dumping or the amount of the subsidy
determined as a result of an investigation.
Article 43 -  Anti-dumping and countervailing duties shall apply to the imported product
concerned in addition to all other existing charges thereon, which shall remain in force under theirrespective legal regimes.  They shall also be govern ed subsidiarily by the rules applicable to import
duties.
Article 44 - No product originating in the same country and imported into the ARGENTINE
REPUBLIC may be subjected simultaneously to anti-dumping and countervailing duties designed to
remedy the same situation caused by dumping or export subsidies.
Article 45 -  The DIRECTORATE-GENERAL OF CUSTOMS, under the FEDERAL
PUBLIC REVENUE ADMINISTRATION, a self-governing entity within the Ministry of the
Economy, shall, upon publication of the decision adopted by the Minister of the Economy in the
Official Journal, issue the necessary instructions  for the collection of the corresponding anti-dumping
or countervailing duty, in conformity with th e decision taken in each case by the implementing
authority.
Article 46 - The DIRECTORATE-GENERAL OF CUSTOMS, under the FEDERAL
PUBLIC REVENUE ADMINISTRATION, a self-governing entity within the Ministry of the
Economy, shall, on a monthly basis, inform the Undersecretariat of the volume and values of importssubject to anti-dumping and countervailing duties, broken down by origin and the amounts of the
duties collected, as well as the names of the importers and exporters.
Article 47 - Pursuant to Article 42 above, in order to establish the actual margin of dumping
or amount of subsidization and at the request of the party concerned, any decision imposing a finalmeasure may be reviewed provided that ONE (1) year has elapsed since the establishment of the final
measure or since the most recent review.G/ADP/N/1/ARG/1/Suppl.5
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To this end, the Secretariat shall publish for ONE (1) day in the Official Journal the date as
from which the request for an annual review may be made, giving TWO (2) months' advance notice
and notifying the interested parties.
The request for a review shall be presented to the Undersecretariat within the first FIFTEEN
(15) days of the anniversary month of each annual period of the entry into force of the established
measure and shall include a detailed statement of the reasons for the request.
The request for a review shall be made to the Undersecretariat, which shall distribute
questionnaires for completion by the importers and/or exporters involved for approval to this end.
The Undersecretariat shall have TWO HUNDRED AND SEVENTY (270) days as from the
presentation of the request for a review to reach a determination on the margin of dumping or the
subsidization corresponding to the period under review and shall submit its findings to the Secretariat.
The Secretariat, within TEN (10) days, shall transmit its decision to the Ministry of the
Economy for the latter to issue, within TEN (10) days, a determination applying anti-dumping or
countervailing duties according to the level of dumping or subsidization confirmed by the
Undersecretariat.
Article 48 -  If none of the interested parties requests an annual review within the prescribed
time-limits, the established measure shall be considered final for that period and maintained for the
following annual period.
Article 49 -  In the cases and circumstances provided for in Article 9.5 on the Anti-Dumping
Agreement, any exporter or producer in the exporting country which has exported to the customsterritory for ONE (1) year as from the date of entry into force of the anti-dumping measure may
request the determination of an individual margin of dumping, presenting the necessary information
for that purpose to the Undersecretariat.
The Undersecretariat shall report to the Secretariat within NINETY (90) days of receipt of the
request and the latter shall submit its findings to the Ministry of the Economy within TEN (10) days
of receipt of this report. The Ministry of the Ec onomy shall then take a decision within the following
TEN (10) days.  The investigation procedure pr ovided for in this Decree shall apply in this
connection.
CHAPTER VIII - DURATION AND REVIEW OF MEASURES AND UNDERTAKINGS
Article 50 - 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, injury and causal link.
CHANGED CIRCUMSTANCES REVIEW
Article 51 - 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 thefinal measure, or since the most recent review or the approval of the undertaking.
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 were the duty to be removed orG/ADP/N/1/ARG/1/Suppl.5
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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 52 -  The interested parties may request a changed circumstances review after the first
year of validity of the anti-dumping or countervailing duties, pursuant to Article 11.2 of the Anti-
Dumping Agreement and Article 21.2 of the Agreement on Subsidies.
A changed circumstances review may be requested by the interested parties, who may present
evidence for use by the Undersecretariat which, in turn, shall submit a copy to the Commission.
Within TWENTY (20) days of the presentation, the Undersecretariat shall submit to the
Secretariat its report concerning the recommendation that the review be initiated.
The Secretariat, within the next FIVE (5) days, shall refer its findings on whether or not a
review is appropriate to the Ministry of the Economy, which shall take a decision within FIVE (5)
days.  Once the review of the measure in force has been initiated, an investigation shall be conducted
on which the Undersecretariat shall issue a report on dumping or subsidization within ONE
HUNDRED AND TWENTY (120) days, with a copy to the Commission.  The latter shall then reach
a decision on the injury and causality within ONE HUNDRED AND FORTY (140) days of the
initiation of the review, with a copy to the Undersecretariat.
The Undersecretariat, upon receipt of the Commission's report and within a period of TEN
(10) days, shall submit its recommendation to the Secretariat, assessing the other circumstances
pertaining to general foreign trade policy and the public interest and substantiating its assessment in
each instance. The Secretariat, within TEN (10) days following receipt of the above-mentioned report,
shall refer its findings to the Ministry of the Economy, which shall take a decision within TEN (10)days. The changed circumstances review shall normally be completed within SIX (6) months of the
date of its initiation.
ANTI-DUMPING OR COUNTERVAILING DUTY EXPIRY REVIEW
Article 53 - The anti-dumping or countervailing duty expiry review shall deal with both
dumping or subsidization and injury and causality. A notice of the impending expiry of theanti-dumping or countervailing duty shall be published in the Official Journal in the first half of the
final year of the period of application of the duties.
Article 54 - A duly substantiated application may be submitted by or on behalf of the
domestic industry for a review of the definitive duty up to THREE (3) months in advance of itsexpiry.
Within TWENTY (20) days of such submission, the Undersecretariat shall submit to the
Secretariat its report concerning its recommendation on initiation of a review.
The Secretariat shall, within the next FIVE (5) days, refer its findings with regard to whether
the review is appropriate to the Ministry of the Economy, which shall take a decision within FIVE (5)
days.  If a review is initiated, the Ministry of the Economy shall grant an extension of the existing
duty until it is completed.
Once the review of the existing measure has been initiated, an investigation shall be
conducted on which the Undersecretariat shall issue a report on dumping within ONE HUNDRED
AND TWENTY (120) days of the initiation of the review, with a copy to the Commission.G/ADP/N/1/ARG/1/Suppl.5
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The Commission, within ONE HUNDRED AND FORTY (140) days of the initiation of the
review, shall issue a report on injury and causa lity, with a copy to the Undersecretariat.
Upon receipt of the Commission’s report and within a period of TEN (10) days, the
Undersecretariat shall submit to the Secretariat its recommendation on whether to abolish or continue
to impose the duty in force, assessing the other circumstances pertaining to general foreign trade
policy and the public interest, and substantiating its assessment in each instance.
The Secretariat, within TEN (10) days of rece ipt of the above-mentioned report, shall refer its
findings to the Ministry of the Economy, which shall take a decision within TEN (10) days.
The anti-dumping or countervailing duty expiry review shall normally be completed within
SIX (6) months of the date of its initiation.
CHAPTER IX - SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)
Article 55 -  The Undersecretariat and the Commission shall provide a specialized information
service for SMEs.
The basic functions of the specialized information service for SMEs shall be as follows:
(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 theEconomic and Commercial Sections of the MINISTRY OF FOREIGN AFFAIRS,
INTERNATIONAL TRADE AND WORSHIP.
Article 56 -  For the purposes of this Chapter, SMEs shall be considered to be those
companies covered by the provisions of Law No. 25,300.
CHAPTER X - CIRCUMVENTION
Article 57 - 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 the ARGENTINE REPUBLIC;  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 the ARGENTINE REPUBLIC;  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 the ARGENTINE REPUBLIC 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 58 - Anti-circumvention action shall be based on the main elements of information
put together in the investigation concerning the measure being circumvented, in which the interested
parties will be allowed to intervene.G/ADP/N/1/ARG/1/Suppl.5
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Article 59 -  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.
Article 60 - Once the 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 THIRTY
(30) days.
Article 61 -  The Undersecretariat, on the basis of the Commission's report and other relevant
steps, shall issue and make its recommendation to the Secretariat, within a period of FIVE (5) days ofreceipt of the Commission's report, for its information and consideration, making its recommendation
to the Ministry of the Economy within a period of FIVE (5) days.
Article 62 -  The Ministry of the Economy shall in such cases decide, within a period of FIVE
(5) days, whether it is necessary to extend the scope of the anti-dumping duties to imports of likeproducts or parts thereof from the same point of origin under investigation or third points of origin, as
the case may be.
Article 63 -  In particularly complex circumvention cases, the prescribed time-limits may be
extended with the agreement of the Secretariat.
Article 64  - The Ministry of the Economy, upon receipt of this report and within a period of
FIVE (5) days, shall decide whether or not it is appropriate to include the new enterprise and/or origin
reported.
Article 65 -  The existing rules of discovery and eviden ce in respect of investigations shall
apply to circumvention proceedings.
TITLE III – GENERAL PROVISIONS
Article 66 - In the case of imports from a non-market economy country, the normal value
shall be determined by reference to any of the following criteria:
(a) The value calculated for a market-economy third country;  or
(b) the export price from such a third country to other countries, including the
ARGENTINE REPUBLIC;  or
(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.G/ADP/N/1/ARG/1/Suppl.5
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Any other similar situation shall be taken to mean, inter alia , all those for which, with regard
to the product under investigation, considering its inputs, users and/or consumers or the country's
financial and/or foreign exchange systems, a functioning market economy cannot be verified.
With regard to the treatment of imports from the PEOPLE'S REPUBLIC OF CHINA, the
above provisions shall apply until the PROTOCOL OF ACCESSION OF THE PEOPLE'S
REPUBLIC OF CHINA TO THE WORLD TRADE ORGANIZATION (WTO) is signed, after which
the treatment of imports shall be governed by the provisions of that Protocol.
Article 67 - The applicant or his agent or qualified representative may inspect the file at any
point in the proceedings, except for those papers, reports or opinions which have been declared to beof 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 68 - Any decision to initiate an investigation or the reviews established in Chapter
VIII of this Decree, to apply provisional measures or definitive duties, to approve an undertaking or to
close an investigation shall be transmitted, within TWO (2) working days of its adoption, to the
NATIONAL DIRECTORATE OF OFFICIAL RECORDS, attached to the TECHNICALUNDERSECRETARIAT of the LEGAL AND TECHNICAL DEPARTMENT of the OFFICE OF
THE PRESIDENT, for publication in the Official Journal within a maximum of TWO (2) working
days of the date of its transmission.
Article 69 - The interested parties or their agents or qualified representatives may, upon
written request, take copies of the file after the initiation of the investigation, subject to the exception
referred to in this Decree in respect of confidential information.
Article 70 -  The time-limits under this Decree shall be understood to be calendar days, unless
expressly provided otherwise.
Article 71 -  This Decree shall enter into force on 1 January 2002 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.
Investigations initiated under Decree No. 1326/98 shall be governed by this Decree until their
conclusion, with the exception of the amount of duty, which shall be established on a retroactivebasis.
When an annual period of validity of a definitive duty expires after the entry into force of this
Decree, at the request of a party the amount of the duty shall be established retroactively for the
subsequent year.
Article 72 - The Undersecretariat shall be responsible for directing investigation procedures,
following up cases and complying with time-limits in relation to the application of anti-dumping or
countervailing duties, without prejudice to the investigative powers entrusted to the Commission by
this Decree and Decree No. 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. 19549, andG/ADP/N/1/ARG/1/Suppl.5
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the Regulations on Administrative Procedures - Decree No. 1759/72 T.O. 1991. Special attention shall
be paid in this suppletory application to complying with the time-limits established in this Decree.
Article 73 -  Once the preliminary and final proceedings of an investigation, undertaking or
review are completed, the Undersecretariat and the Commission shall publish their respective reports
on the Secretariat's Web page.
Article 74 - The SECRETARIAT OF TRADE of the MINISTRY OF THE ECONOMY shall
be the Authority responsible for promulgating the supplementary regulations in this Decree.
Article 75 - This Decree shall be proclaimed, published, transmitted to the National
Directorate of Official Records and filed.
— DE LA RUA. — Chrystian G. Colombo. — Domingo F. Cavallo. —
Adalberto Rodríguez Giavarini.
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— CORRIGENDUM —
Decree 1088/2001
The 30 August 2001 edition, in which this Decree was published, contained the following
misprint:
The last paragraph of ARTICLE 21;WHICH READS: If the Undersecretariat makes a determination of dumping or
subsidization, it shall inform the Secretariat which, should it consider it appropriate, may decide to
close the investigation and file the papers.
SHOULD READ: If the Undersecretariat makes a determination of absence of dumping or
subsidization, it shall inform the Secretariat which, should it consider it appropriate, may decide toclose the investigation and file the papers.
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