WORLD TRADE
ORGANIZATIONG/ADP/N/1/SLV/2
G/SCM/N/1/SLV/2
21 February 2002
(02-0883)
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
EL SALVADOR
The following communication, dated 30 March 2000, has been received from the Permanent
Mission of El Salvador.
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I have the honour to transmit herewith the following notifications:
1. Pursuant to Article 18(5) of the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994, the El Salvador authority responsible for anti-dumping matters
wishes to inform you that the anti-dumping legisl ation in force is the Central American Regulations
on Unfair Business Practices, signed on 12 December 1995, published in the Official Journal No. 237,
Vol. No. 239 of 21 December 1995, and which came into force on 12 January 1996.
These Regulations supersede the Regulations on Business Practices and Safeguard Clause of
29 January 1993, which were notified by El Salvador  at the appropriate time and which are contained
in document G/ADP/N/1/SLV/1.
2. Pursuant to Article 32(6) of the Agreement on Subsidies and Countervailing Measures, the
El Salvador authority responsible for countervailing measures wishes to inform you that the
legislation in force on countervailing measures is the Central American Regulations on Unfair
Business Practices, signed on 12 December 1995, published in Official Journal No. 237, Vol. No. 329
of 21 December 1995, and which came into force on 12 January 1996.
These Regulations supersede the Regulations on Business Practices and Safeguard Clause of
29 January 1993, which were notified by El Salvador  at the appropriate time and which are contained
in document G/SCM/N/1/SLV/1.
In reference to your fax of 1 February 2002, attached please find a copy of the Central
American Regulations on Unfair Business Practices of 12 December 1995, for circulation together
with our notification of 30 March 2000.G/ADP/N/1/SLV/2
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CENTRAL AMERICAN REGULATIONS ON UNFAIR BUSINESS PRACTICES
Approved Pursuant to Resolution No. 12-95 (COMRIEDRE-II) of 12 December 1995
CENTRAL AMERICAN REGULATIONS
ON UNFAIR BUSINESS PRACTICES
TITLE I
GENERAL PROVISIONS
ARTICLE 1.  (Definitions)  For the purpose of these Regulations, the expressions indicated below shall
have the following meaning:
INVESTIGATING
AUTHORITY:The Directorate or Directorate-Genera l of Integration of the Ministry of
the Economy or, as the case may be, the Directorate competent for matters
pertaining to Central American economic integration in each country, or
the technical unit with responsibility  for investigating unfair business
practices.  This shall be SIECA in the case of regional procedures.
WTO AGREEMENTS: The Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 and the Agreement on Subsidiesand Countervailing Measures.
EXECUTIVE
COMMITTEE:The Executive Committee for Economic Integration set up by Article  37
of the Guatemala Protocol.
COUNCIL OF
MINISTERS:The Council of Ministers for Economic Integration set up by Article 37 of
the Guatemala Protocol.
STATES PARTIES: The States Parties to the General Treaty on Central American Economic
Integration, the Guatemala Protocol , and the Convention on the Central
American Tariffs and Customs Regime.
GATT 1994: The General Agreement on Tariffs and Trade 1994 annexed to the
Agreement Establishing the World Trade Organization.
MINISTER: The Minister of each State Party having responsibility for matters relating
to economic integration or, as the case may be, the investigation of unfairbusiness practices.
WTO: The World Trade Organization
INTERESTED PARTIES: Those referred to in Ar ticle 6.11 of the Agreement of Implementation on
Article VI of the General Agreement on Tariffs and Trade 1994 and in
Article 12.9 of the Agreement on Subsidies and Countervailing Measures,respectively.
GUATEMALA
PROTOCOL:The Protocol to the General Trea ty on Central American Economic
Integration, signed on 29 October 1993.G/ADP/N/1/SLV/2
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REGION: All of the States Parties as a whole.
SIECA: The Secretariat of Central American Economic Integration.
THIRD COUNTRIES: Countries that are not States Parties.
ARTICLE 2.  (Object of the Regulations).  These Regu lations develop the provisions established in the
WTO Agreements and, as appropriate, the provisi ons of the Guatemala Pr otocol and the Central
American Customs and Tariffs Regime.
ARTICLE 3.  (Initiation of proceedings).  The process of investigation for the purpose of establishing
the existence and effects of unfair business practices  may be initiated on application by an interested
party or ex officio , in accordance with the provisions of the WTO Agreements.
Where the investigating authority proceeds ex officio , it shall notify the domestic industry for
confirmation of its consent to the continuation of the investigation.
ARTICLE 4.  (Substantive rules).  All the substantiv e aspects relating to unfair business practices shall
be determined by the provisions of the instrume nts referred to in Article 2 of these Regulations.
TITLE II
PROCEDURES AND MEASURES IN CASES OF UNFAIR BUSINESS PRACTICES
CHAPTER I
PROCEDURE IN TRADE RELATIONS WITH THIRD COUNTRIES
ARTICLE 5.  (Purpose of the procedure).  The in vestigating authority shall be responsible for
investigating, analysing and evaluating supposed unfair business practices, and deciding whether it is
appropriate to recommend the imposition of "anti- dumping duties" or "countervailing duties", as the
case may be.
Such measures shall be imposed where unfair business practices cause or threaten material
injury or serious prejudice to a domestic industry, or material retardation of the establishment of such an
industry, in accordance with the criteria set out in the WTO Agreements.
ARTICLE 6.  (Application).  Applicat ions for the initiation of an investigation may be made by the
representatives of the domestic industry producing th e product injured by the imports concerning which
the investigation is requested and the producers associa tions who consider that they are being affected or
threatened by imports presumed to be  the object of unfair business practices.
The application shall be submitted to the inves tigating authority and shall comply with the
following formal requirements:
(a) Designation of the authority to which the application is made;(b) identification of the applicant, and in the case of a legal representative, the
corresponding documentation;
(c) service address;G/ADP/N/1/SLV/2
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(d) account of the facts and specific indi cation of the unfair business practice;
(e) request couched in precise terms consistent with the account of the facts;
(f) the other requirements established in the WTO Agreements;
(g) place and date of the application;  and(h) signature of the applicant or legal representative of the domestic industry or
corresponding association.
ARTICLE 7.  (Examination of the application).  W ithin 30 days of receiving the application, the
investigating authority shall examine it in order to establish whether it fulfils the requirements laid out in
these Regulations.  If the authority determines that  the application is incomplete, it shall notify the
interested party within 10 days in order to enable  the latter to fulfil the relevant requirements within
30 days of such notification.  At the request of the interested party, this period may be extended for afurther 30 days.
If the interested party fails to  comply within the stipulated period, the application shall be
considered abandoned and shall be filed, without prejudice to the right of the party concerned
subsequently to resubmit the case.
If the interested party provides the additiona l information, the inves tigating authority shall,
within 15 days, proceed in accordance with Article 11 of these Regulations.
ARTICLE 8.  (Rejection of the application).  After having examined the application within the time-
limit established in the previous Article, the investiga ting authority shall reject it by means of a reasoned
resolution in the following cases:
(a) If it determines that the application has not been made on behalf of a domestic industry
in accordance with the WTO Agreements;
(b) if insufficient evidence is submitted to justify opening the investigation.
The resolution rejecting an application shall be not ified, within 10 days of its date of issue, to
the interested party, who may use the legal remedies  provided by the legislation of the State party
concerned against it.
ARTICLE 9.  (Notification of the exporting governme nt).  The investigating authority shall notify the
government of the country of origin or export of the product under investigation concerning the
application for the opening of the investigation into  unfair business practices.  This notification shall be
made prior to the opening of the investigation.
ARTICLE 10.  (Opportunity for holding consultations).  In the case of subsidies, together with the
notification provided for in the previous Article or at any time prior to the opening of the investigation,
the investigating authority shall af ford an opportunity to the governments of the countries of origin or
export of the product under investigation to hold consu ltations for the purpose of clarifying the facts
raised in the application and arriving at a mutually  agreed solution.  Consultations for this same purpose
may be held during the investigation.
ARTICLE 11.  (Resolution for the opening of an in vestigation).  Where the investigating authority
decides, following the examination referred to in Ar ticle 7 above, that there is sufficient evidence toG/ADP/N/1/SLV/2
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justify opening an investigation, it shall issue a re solution announcing the initiation of the investigation
procedure in question.  The resolution shall contain at least the following information:
(a) Identification of the investigating authority  initiating the procedure, and date and place
of issuance of the resolution;
(b) indication that the application and its accompanying documentation have been
accepted;
(c) name or business name and domicile of the domestic producer or producers of like
products;
(d) country or countries of origin or provenan ce of the products presumed to be the object
of unfair business practices;
(e) the reasons and justification for the resolution;(f) detailed description of the product that has been or is being imported under presumed
unfair business practices;
(g) description of the like domestic products to the product imported under presumed unfair
business practices;
(h) time-limit granted to the defendants and, where appropriate, the foreign government or
governments mentioned, to submit whatever evidence they see fit and the place at
which they may present their submissions;
(i) determination of the persons from whom the pertinent information is to be requested by
means of the form to be provided  by the investigating authority.
This resolution shall be notified to the interested parties within 10 days of its date of issue, and
the interested parties shall have a period of 30 da ys, running from the day following the notification, in
which to object.
ARTICLE 12.  (Time-limit for the investigation).  The investigation shall be concluded within
12 months from the date of its initiation, but may be prolonged for a further period of up to six months,
in exceptional circumstances, on the initiative of the investigating authority or at the request of an
interested party.
ARTICLE 13.  (Preliminary determination).  The inve stigating authority shall issue an affirmative or
negative preliminary determination as to the existe nce of unfair business practices, and the existence of
injury, threat of injury or retardation of the establishment of a domestic industry.
Such determination shall take the form of an  opinion issued by the investigating authority
within a period of 60 days from the initiation of the investigation.
ARTICLE 14.  (Provisional measures).  During th e investigation, the investigating authority may
recommend to the Minister the adoption of provis ional measures in supposed cases of dumping or
subsidization, in conformity with the provisions of the WTO Agreement.
ARTICLE 15.  (Requirements for the imposition of prov isional measures).  Provisional measures shall
be imposed only if the following conditions are fulfilled:G/ADP/N/1/SLV/2
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(a) The investigation has been initiated in conformity with the provisions of these
Regulations and at least 60 days have elapsed since such initiation;
(b) there has been an affirmative preliminary determination of the existence of dumping or
subsidization involving serious injury or prejudice to a domestic industry or retardation
of the establishment of a domestic industry, in conformity with the WTO Agreement;
(c) the investigating authority judges that su ch measures are necessary to prevent serious
injury or prejudice to a domestic industry, in conformity with the WTO Agreements.
ARTICLE 16.  (Duration of provisi onal measures).  The application of provisional measures shall be
limited to as short a period as possible, not exceed ing four months, or, with respect to dumping, on
decision of the authorities concerned, upon request by exporters representing a significant percentage of
the trade involved, for a period not exceeding six mont hs.  When the authorities, in the course of an
investigation, examine whether a duty lower than the margin of dumping would be sufficient to remove
injury, these periods may be six and nine months, respectively.  Within 10 days of its adoption, the
resolution imposing provisional measures shall be notif ied to the interested parties and to the competent
authority for implementation.
ARTICLE 17.  (Termination of the investigation).  The investigation shall be terminated if it is
determined that the margin of dumping or amount of subsidy is de minimis  or that the volume of imports
or the injury is negligible.
ARTICLE 18.  (Final resolution).  Within three days of concluding its investigation, the investigating
authority shall submit the technical study together w ith the relevant recommendations to the Minister,
who shall, within three working days of its receipt, by means of a reasoned resolution declare theinvestigation concluded and whether or not a de finitive anti-dumping or countervailing duty should be
imposed, and, as the case may be, revoke any provisional measure adopted.
The resolution imposing a definitive anti-dumping or countervailing duty shall be put into effect
in accordance with the domestic law of each country and shall be notified within 10 days of issue to the
interested parties and to SIECA, for the latter to  bring it to the attention of the Executive Committee.
CHAPTER II
PROCEDURE IN INTRAREGIONAL TRADE RELATIONS
ARTICLE 19.  (Transmittal to the Executive Committee).  In the case of products originating in Central
America, and after the application has been handl ed in accordance with th e preceding Chapter, the
investigating authority shall, toge ther with the notification of the resolution referred to in the last
paragraph of the preceding Article, within the same  time-limit indicated therein, transmit to SIECA a
summary of the file, for the latter to notify the other States and convene the Executive Committee to
examine the matter.
ARTICLE 20.  (Convocation of the Executive Committee).  Within eight days of receiving the
summary, SIECA shall convene the Executive Committee to  a meeting to be held within 30 days of the
date of the convocation, and shall transmit to its members a copy of the summary.
ARTICLE 21.  (Statements by affected parties).  The State Party affected by the adopted measure shall,
within 15 days of being notified of the convoca tion, submit to the Executive Committee through SIECA
a duly substantiated statement of the case.G/ADP/N/1/SLV/2
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ARTICLE 22.  (Review).  Where, after receiving the reports, the Executive Committee at its meeting
nevertheless considers that it needs further items of  evidence, it may collect such items through SIECA,
which shall submit its report to the Committee within 30 days.
ARTICLE 23. (Recommendation of the Executive Committee).  Within 30 days of receipt of the
corresponding report from the SIECA, the Executiv e Committee shall make whatever recommendations
it sees fit with a view to resolving the problem.
The State Party which considers itself affected may have recourse to the regional dispute
settlement procedures or to the corresponding procedures of the WTO.
CHAPTER III
REGIONAL PROCEDURE
ARTICLE 24.  (Regional procedure).  Where the industry of a State Party other than the importer is
affected, at the request of the Government concerned a regional procedure shall be opened and
conducted through SIECA.  The procedure shall be in itiated as of the moment when SIECA receives the
request of the State concerned, which shall be s ubmitted in the original plus five copies and, as
appropriate, in compliance with Article 6 of these Regulations.
ARTICLE 25.  (Notification).  Within 10 days of r eceipt of the request, SIECA shall adopt a resolution
to proceed with the case, and within the next 10 days  forward a copy of the file to the administrative
authority of the importing State Party, which shall pr oceed with it in accordance with the provisions of
Chapter I of this Title.  The authority shall begin the review of the case as from the eighth day after
SIECA transmitted the file.
ARTICLE 26.  (Continuation of pr ocedure).  If the importing State Party does not initiate the
investigation within the time-limit established in  the preceding Article, SIECA shall, within the
following 10 days, transmit a copy of the file to the other States Parties and officially notify the
interested parties, thus initiating the regional procedure.
ARTICLE 27.  (Time-limit for the investigation).  SIECA shall carry out the relevant investigation
within the period established in Article 12 of this instrument, and may gather and request any evidence
and reports it considers necessary, in particular from the exporters who are the subject of the complaint
and from Central American producers and importers.  During the investigation period, any interested
party may submit information or present written submissions.
ARTICLE 28.  (Convocation and final resolution).  Within five days of the conclusion of the
investigation, SIECA shall issue a convocation of the Executive Committee and transmit the file
together with a technical report and whatever reco mmendations it considers pertinent.  The Committee
shall meet within the following 15 days in order to  settle the dispute definitively, determining the
individual or joint actions to be taken by the States Parties.
ARTICLE 29.  (Provisional measures).  At any stag e in the investigation, and provided the conditions
set forth in Article 15 of these Regulations are fulfilled, SIECA may recommend the adoption of
provisional measures.  The Executive Committee shall examine and decide on this recommendation at
its subsequent meeting.
ARTICLE 30.  (Implementation of decisions).  Th e decisions of the Executive Committee establishing
provisional or final anti-dumping or countervailing du ties shall be implemented by the States Parties in
accordance with their domestic law.G/ADP/N/1/SLV/2
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ARTICLE 31.  (Cost of the regional investigation).  The costs of the regional investigation shall be
borne by the person or persons who brought th e action before the complainant State Party.
ARTICLE 32.  (Procedure).  In addition to the special  provisions established in this Chapter, the
provisions of Chapters I and II of this Title sha ll apply, where appropriate, to the regional procedure.
CHAPTER IV
PROVISIONS COMMON TO CHAPTERS I, II AND III
ARTICLE 33.  (Exceptional and provisional nature of measures).  Measures imposed pursuant to these
Regulations shall be exceptional and temporary in character, as they shall be in force as long as
necessary to counteract the situation which caused them to be applied.
ARTICLE 34.  (Causal link).  For a measure to be adopted, there must be a causal link within the
meaning of the WTO Agreements.
ARTICLE 35.  (Congruence).  Where any anti-dumping or countervailing duty is applied, its amount
shall be sufficient to redress the injury or prej udice and never greater than the estimated margin of
dumping or the amount of the subsidy.
ARTICLE 36.  (Duration of definitive measures).   Any definitive anti-dumping or countervailing
measure shall be eliminated within a period of five  years from the date of imposition of the provisional
measure or, failing such, the final resolution.
This time-limit may be extended exceptionally when it is demonstrated that the conditions
which gave rise to the measure continue to exist.
Once a measure has been adopted, it may be reviewed at any moment during its
implementation.
ARTICLE 37.  (Collection of duties).  Where an anti-dumping or countervailing duty is imposed on a
product, it shall be collected on the imports that are dumped or subsidized and causing or threatening to
cause material injury or serious prejudice to a domestic industry or material retardation of the
establishment of a domestic industry in accordance with these Regulations.  In so far as possible it shall
be applied to the supplier or suppliers of the product concerned.  If, however, all the suppliers are
involved in the unfair business practice concerned or it is impossible to distinguish between them, the
measure shall apply to all the suppliers of the country or countries in question.
ARTICLE 38.  (Guaranteed amount).  If the defini tive countervailing or anti-dumping duty exceeds the
guaranteed amount, the difference shall not be de manded.  If the definitive duty is less than the
guaranteed amount, an order shall be issued  for prompt reimbursement of the excess.
ARTICLE 39.  (Conciliation meetings).  At any stage of the investigation until such time as a definitive
measure is adopted, and without interrupting the investigation, conciliation meetings may be held
ex officio  or at the request of a party in or der to achieve a direct settlement.
ARTICLE 40.  (Suspension of the investigation).  On  the proposal of the investigating authority, the
Minister may suspend or terminate the investigati on at any stage when there are sufficient grounds for
doing so, by issuing the corresponding resolution whic h shall be notified within 10 days of its issue to
the interested parties and SIECA, for the latter to bring it to the attention of the Executive Committee.G/ADP/N/1/SLV/2
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ARTICLE 41.  (Review of undertakings).  The implementation of the undertakings agreed by
conciliation meetings may be reviewed ex officio  or at the request of a party, and periodic information
may be requested concerning such implementati on.  If the review reveals non-compliance, a
recommendation shall be made to the Minister to  apply provisional measures on the basis of the
information available, and the interested parties shall be notified within 10 days of the date at which the
measure was adopted.
ARTICLE 42.  (Publication).  The resolutions fo r the opening, suspension or conclusion of an
investigation and on the application or non-applica tion of countervailing or anti-dumping duties, or on
the modification of such measures, shall, at the mo ment of their notification, be published, once only, at
the cost of the interested party, in the Official Journal and one of the daily newspapers with national
circulation of the country concer ned, and, where appropriate, in the Official Journal of the Central
American Integration System, in order to enable an y persons concerned by the investigation process to
exercise their rights.
ARTICLE 43.  (Appeals).  The appeals provided for in the domestic legislation of each party may be
entered against the resolutions adopted by the national authorities.
The appeals provided for in the legal instru ments of Central American integration may be
entered against the resolutions adopted by the regional bodies.
TITLE III
FINAL PROVISIONS
ARTICLE 44.  (Amendments to these Regulations).  The Council of Ministers shall have responsibility
for amending the provisions of these Regulations  at the request of St ates Parties or SIECA.
Each State Party shall submit a six monthly re port to the Executive Committee, through SIECA,
on the implementation of this instrument.
ARTICLE 45.  (Suppletive application) .  In cases not covered by these Regulations, States Parties may
apply on a supplementary basis the provisions and principles of Central American integration, the
provisions of public international law, and the general principles of law.
ARTICLE 46.  (Implementing body).  Pending the entr y into force of the Guatemala Protocol for all
States Parties, the body competent for matters pertai ning to economic integration, in accordance with the
legal instruments of Central American integrati on, shall have responsibility for implementing this
instrument, where applicable.
ARTICLE 47.  (Epigraphs).  The epigraphs preceding the Articles of these Regulations are exclusively
indicative and therefore have no effect on their interpretation.
ARTICLE 48.  (Repeal clause).  U pon the entry into force of these Regulations, the Regulations of
Articles 25 and 26 of the Convention on the Centra l American Tariff and Customs Regime, "Unfair
Business Practices and Safeguard Clause", dated 10 September 1987, the Central American Regulations
on Unfair Business Practices and Safeguard Clau se, dated 29 January 1993, as well as any other
provision inconsistent with these Regulations are here by repealed as far as unfair business practices are
concerned.
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