____________________________________________
1G/ADP/Q1/GTM/2-G/SCM/Q1/GTM/2.
2G/ADP/W/345-G/SCM/W/353, G/ADP/Q1/GTM/4-G/SCM/Q1/GTM/4, G/ADP/Q1/GTM/5-
G/SCM/Q1/GTM/5.
3G/ADP/Q1/GTM/6-G/SCM/Q1/GTM/6.
4G/ADP/Q1/GTM/1-G/SCM/Q1/GTM/1.
5G/ADP/Q1/GTM/3-G/SCM/Q1/GTM/3, G/ADP/W/384-G/SCM/W/395.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
27 August 1998
(98-3325)
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
Replies of Guatemala to Questions Posed by Canada,1 Hong Kong,
China,2 Korea,3 Mexico4 and the United States5
The following communication, dated 10 July 1998, has been received from the Permanent
Mission of Guatemala.
_______________
CONTENTS
Page
Replies to Questions Posed by Canada........................................................................................... ...... 2
Replies to Questions Posed by Hong Kong, China............................................................................... 6Replies to Questions Posed by Korea ............................................................................................ ..... 10
Replies to Questions Posed by Mexico........................................................................................... .... 12
Replies to Questions Posed by the United States................................................................................ 18G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 2
Replies to Questions Posed by Canada (Document G/ADP/Q1/GTM/2-G/SCM/Q1/GTM/2
Question 1
Do the procedures under Chapter I of the Central American Regulations on Unfair
Business Practices apply to imports from a State Party to the Central American Economic
Integration?  If so, what could be the nature of the claim and resolution under Article 23 of the
Regulations?
Reply
Chapter I of the Central American Regulations on Unfair Business Practices establishes the
general procedure which must be followed in all investigations for unfair business practices and also
applies to imports from a Central American country.  The procedure ends when the investigation isdeclared to have been concluded and the decision whether or not to impose definitive duties is taken.
Where intraregional trade relations are concerned, the procedure envisaged in Chapter II
constitutes an additional process, namely transmittal through the Executive Committee, which is one
of the organs of the Central American Integration Sy stem.  This is an essentially conciliatory process
which seeks to prevent the measure granted by the importing country from affecting the regional
regulations or the interests of a Central American country other than the exporting country.  The
process is initiated when the importing country decides to impose definitive duties.
The resolution adopted by the Executive Committee is not binding and the importing country
retains its sovereignty with respect to whether or not it accepts the Executive Committee's
recommendations.
Question 2
How is a "regional procedure" triggered?  How would it relate to an investigation
initiated by a State Party?  Can a regional procedure start after a petition has been rejected?
Can it be triggered when the investigating au thority of one State Party self-initiated an
investigation?  Can it start after definitive duties have been imposed by a State Party?  In this
latter case, how would the duration of the measure be applied?
(a) How is a "regional procedure" triggered?
Reply
A regional procedure is initiated when a Central American country other than the importing
country requests the latter to open an investigation into unfair practices which are resulting in thedomestic industry of the requesting country being affected by the importation of goods into the
importing country under unfair conditions.  The request must be submitted to the Secretariat of
Central American Economic Integration (SIECA) which passes it on to the administrative authority of
the importing country for processing,  in accordan ce with the procedure laid down in Chapter I.
The importing country must review the request and establish if it complies with the legal
requirements.  If the request does comply with those requirements, but the importing country decides
not to initiate an investigation, SIECA may gather  all the information and evidence it considers
necessary for the purpose of drawing up a technical report on the matter and submitting it to the
Executive Committee for consideration.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 3
The Executive Committee must make a final ruling on the matter and decide what action
should be taken by the States Parties, individually or collectively.  The decisions of the Executive
Committee are adopted by consensus, that is, with all the countries of the Central American region
voting in favour.
(b) How would it relate to an investigation initiated by a State Party?
Reply
It is not possible for a regional procedure to be initiated at the same time as one in the
importing country since SIECA initiates the original  procedure only if the importing country does not
initiate an investigation.
(c) Can a regional procedure start after a petition has been rejected?
Reply
If the importing country's reasons for deciding not to initiate an investigation are other than
that the request does not comply with the requirements of the Central American Regulations or is not
supported by sufficient evidence of the existence of unfair practices, of injury caused to the domestic
industry and a causal link between the two, SIECA may initiate a regional procedure and gather all
the evidence and information it considers necessary  to prepare a technical report on the matter and
submit it to the Executive Committee for consideration.
(d) Can it be triggered when the investigating authority of one State Party self-initiated an
investigation?
Reply
No, since a regional procedure can only be initiated if the importing country does not initiate
an investigation.
(e) Can it start after definitive duties have been imposed by a State Party?  In this latter
case, how would the duration of the measure be applied?
Reply
It is not possible to initiate a regional procedure after definitive duties have been imposed in
the importing country.  The initiation of a regional procedure presupposes a decision by the importingcountry not to initiate an investigation on behalf of another Central American country.  Definitive
duties can be applied only after an investigation has been carried out.
Question 3
How will the SIECA carry out the investigation?  Will it supersede any procedure
initiated by a State Party?  Will it consist of fi ve separate investigations – one for each of the
States Parties – or will it be one investigation covering the five countries?  What happens if
there is no domestic production in one of the States Parties?
(a) How will the SIECA carry out the investigation?G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 4
Reply
The object of the investigation carried out by SIECA is to prepare a technical report on the
unfair practices about which the country concerned complains.  This report is transmitted to the
Executive Committee which takes a final decision determining the action to be taken by the StatesParties, individually or collectively.  SIECA must notify the interested parties in order to guarantee
the objectivity of the information and evidence it gathers.  Any interested party may provide
information or submit arguments in writing.
(b) Will it supersede any procedure initiated by a State Party?
Reply
No, since there will only be a regional procedure if the importing country does not initiate an
investigation.
(c) Will it consist of five separate investigations – one for each of the five countries?
Reply
Although the application is notified to the five member countries of Central American
Integration, the investigation is carried out in the importing country and in the country whosedomestic industry is being affected, with all the proceedings being notified to the five countries since
they all, by consensus, will decide the matter through the Executive Committee.
(d) What happens if there is no domestic production in one of the States Parties?
Reply
The regional procedure establishes the procedure to be followed when measures to counteract
unfair business practices are requested on behalf of a Central American country other than the
importing country.  There needs to be domestic production only in the country requesting theinvestigation since it is the industry of that State Party which is being affected by the unfair imports.
Question 4
Article 30 stipulates that "duties shall be implemented by the States Parties in
accordance with their domestic laws".  What ar e the relevant domestic laws?  Will the domestic
law of Guatemala be notified to the Anti-Dumpi ng Committee?  What legal instrument outlines
a definition of "dumping" and the methodology to be followed in determining a margin of
dumping?  Which law has precedence – the domestic laws or the Central American regulations?
Can judicial review be carried out on a resolution adopted by the SIECA?  Can this take place
in more than one State Party?  What legal standard s will be used?  What happens if there is a
conflict in decisions made by authorities of different States Parties?
(a) Article 30 stipulates that "duties shall be implemented by the States Parties in
accordance with their domestic laws".
- What are the relevant domestic laws?G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 5
- Will the domestic law of Guatemala be notified to the Anti-Dumping
Committee?
- What legal instrument outlines a defini tion of dumping and the methodology to
be followed in determining a margin of dumping?
- Which law has precedence – the domestic laws or the Central American
regulations?
Reply
Under the regional procedure, the Executive Committee alone can recommend to the
importing country that it adopt the measures considered necessary to counteract the effects of the
alleged unfair practices, but this recommendation must be implemented by the importing country in
accordance with its domestic legislation, that is, in compliance with all the relevant legal provisions,
including the WTO rules applicable.
In the case of Guatemala, apart from the Central American Regulations on Unfair Business
Practices and the WTO Anti-Dumping Agreement, which forms part of Guatemalan domestic law,
there are no other provisions concerning anti-dumping proceedings.  At the present moment, the same
also applies to the other Central American countries.
(b) Can judicial review be carried out on a resolution adopted by the SIECA?
Reply
No, because SIECA does not adopt any resolution.  What can be challenged is the final
resolution adopted by the investigating authority, by means of which definitive duties are or are not
imposed, as the case may be.
(c) Can this take place in more than one State Party?
Reply
This could happen only if the domestic produ ction of one Central American country was
being affected by the importation of goods under unfair conditions into more than one Central
American country.  In this case, each importing country would have to adopt its own resolution which
could be challenged under the procedures laid down by the law of the importing country adopting the
resolution.  In the case of Guatemala, the resolution could be challenged at both administrative andjudicial level.
(d) What legal standards will be used?
Reply
In the case of Guatemala, the challenge would be based on the Administrative Disputes Act
which is a domestic law applicable to all administrative proceedings, and not just anti-dumping
proceedings.
(e) What happens if there is a conflict in deci sions made by authorities of different States
Parties?G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 6
Reply
Under the regional procedure, the Executive Committee – which consists of the five countries
forming part of Central American Integration – examines the matter and decides what action should
be taken by the States Parties, individually or collectively.  The decisions of the Executive Committeeare adopted by consensus, that is, with the approval  of the member countries, which is why there is no
possibility of conflicting decisions being adopted in different countries.
Replies to Questions Posed by Hong K ong, China (Document G/ADP/W/345-G/SCM/W/353)
Question 1
Guatemala's notification stipulates that it  is currently applying the Central American
Regulations on Unfair Business Practices and Safeguard Clause, which is being revised at the
Central American level to adjust, where appropriate, to the WTO AD Agreement (the
Agreement).
(a) What is the legal status of the Agreement in  the Guatemalan legal system?  Does it have
the force of law?  Are AD officials required, legal ly or otherwise, to abide by the provisions of
the Agreement in the conduct of AD proceedings?  If  the domestic legislation is in conflict with
the Agreement, which will take precedence?
Reply
Under the Guatemalan legal system, laws and treaties approved by Congress become part of
the domestic legislation eight days after publication in full in the Official Journal, unless the law
extends or shortens that period.  The Marrakesh Agreement and the Multilateral Agreements on Tradein Goods forming part thereof were published in the Official Journal on 14 September 1995, so that
they currently form part of the Guatemalan legislation.
As a party to the Vienna Convention on the Law of Treaties, Guatemala recognizes the
precedence of public international law over its domestic law, except for constitutional provisions, sothat where an ordinary law is in conflict with the WTO Anti-Dumping Agreement, the provisions of
the latter must be applied.
(b) What is the legal status of the Central American Regulations on Unfair Business
Practices and Safeguard Clause in the Guatemalan legal system?  Does it have the same force as
any other domestic legislation in Guatemala?  Are AD officials required, legally or otherwise, to
abide by the provisions of the Central American Regulations in the conduct of AD proceedings?
Reply
The Central American Regulations form part of Guatemalan legislation and, accordingly,
must be applied in the territory of the Republic of Guatemala.  Their application takes precedenceover the domestic law.
(c) To the extent that existing Central American Regulations on Unfair Business Practices
and Safeguard Clause have the force of law in Guatemala, would Guatemala inform the
Committee whether it has the intention to notify  them in accordance with Article 18.5 of the
Agreement?G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 7
Reply
The Central American Regulations on Unfair Business Practices and Safeguard Clause were
not notified to the Committee because they were reviewed immediately after the WTO Agreements
entered into force.  At the time these questions were posed, they were in the process of being
published in the Official Journal, in which they eventually appeared on 4 June 1996.
(d) If the Central American Regulations are in conflict with the Agreement, which will take
precedence?  How will Guatemala ensure compli ance with the Agreement pending completion
of the review of the Central American Regulations?
Reply
If the Regulations had been in conflict with the WTO Anti-Dumping Agreement, Guatemala
would have applied the provisions of the Agreement, since the signing of the WTO Agreements
implicitly requires the Government of Guatemala to make the domestic law consistent with those
Agreements.
(e) What is the timetable of the review of  the Central American Regulations on unfair
business practices and safeguard clause?
Reply
The review of the Regulations ended on 12 December 1995, when they were approved by the
five Central American countries.
Question 2
What judicial review procedures has Guatemala put in place in observance of its
obligations under Article 13 (Judicial Review) of the Agreement?
Reply
The resolution terminating any administrative proceeding can be challenged in the courts on
the basis of the Administrative Disputes Act.  The application must be made within three months of
the final notification of the resolution terminating the administrative proceeding.
Question 3
What is Guatemala's policy and law for  the implementation of WTO Panel reports?
Reply
As a party to the Vienna Convention on the Law of Treaties, Guatemala recognizes the
obligation to comply with the provisions of conventions it has ratified.  Similarly, it is aware that to
ensure  the success of the new multilateral trading system, for the benefit of all members, countries
should promptly implement the recommendations and resolutions of the Dispute Settlement Body.
Guatemala does not have a specific law governing the implementation of the decisions of the
DSB.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 8
Replies to Questions Posed by Hong Kong, China
(Document G/ADP/Q1/GTM/4-G/SCM/Q1GTM/4)
Guatemala's notification stipulates that sin ce June 1996 the Central American Regulations on
Unfair Business Practices apply in Guatemala.  Apparently, numerous provisions of the WTO A-D
Agreement are not featured in the Central American Regulations.
Factors for determination of material injury1. Article 5 of the Regulations provides for the imposition of "A-D duties" or "countervailing
duties" 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 withthe criteria set out in the WTO Agreement.
Question
How is the term "domestic industry" interpreted under the Regulations?
Reply
In accordance with Article 4 of the Central American Regulations, all the substantive aspects
relating to unfair business practices are determined by the provisions of the WTO Agreements.Consequently, as the term "domestic industry" is not defined in the Regulations themselves, it is
understood to mean the domestic producers as a whole of the like products or those of them whose
collective output constitutes a major proportion of the total domestic production of those products, as
set out in Article 4.1 of the WTO Anti-Dumping Agreement.
Regional procedure
2. Article 24 of the Regulations provides that at the request of the government of a State Party
whose industry other than the importer is affected, a regional procedure shall be opened and
conducted by SIECA.
Question
Would Guatemala explain what a regional pr ocedure is?  Under a regional procedure,
would it be possible for the imports into Guatemala to be subject to A-D duties only because
such imports have caused material injury to the industry of other State  Parties?
(a) Would Guatemala explain wh at a regional procedure is?
Reply
The regional procedure is a mechanism by means of which the Central American countries try
to settle any disputes which may arise between them when a country importing goods under unfair
conditions refuses to initiate an investigation requested by a country whose domestic industry is being
affected by those imports.
A regional procedure is initiated when a Central American country other than the importing
country requests the latter to open an investigation into unfair practices which are resulting in the
domestic industry of the requesting country being affected by the  importation of goods into the
importing country under unfair conditions.  The request must be submitted to the Secretariat ofG/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 9
Central American Economic Integration (SIECA), which passes it on to the administrative authority
of the importing country for processing, in accordance with the procedure laid down in Chapter I.
The importing country must review the request and establish if it complies with the legal
requirements.  If the request does comply with those requirements, but the importing country decidesnot to initiate an investigation, SIECA may gather  all the information and evidence it considers
necessary for the purpose of drawing up a technical report on the matter and submitting it to the
Executive Committee for consideration.
The Executive Committee must make a final ruling on the matter and decide what action
should be taken by the States Parties, individually or collectively.  The decisions of the Executive
Committee are adopted by consensus, that is, with all the countries of the Central American regionvoting in favour.
(b) Under a regional procedure, would it be possible for the imports into Guatemala to be
subject to AD duties only because such imports have caused material injury to the industry of
other States Parties?
Reply
Yes.  The regional procedure is similar to the case envisaged in Article 14 of the WTO
Anti-Dumping Agreement, according to which anti-dumping action may be taken on behalf of a thirdcountry.
Reply to Question Posed by Hong Kong, China (Document G/ADP/Q1/GTM/5-
G/SCM/Q1/GTM/5)
Follow-up to Hong Kong question 1 in G/ADP/Q1/GTM/5-G/SCM/Q1/GTM/4
Regional procedure
Question
Pursuant to Article 14 of the WTO AD Agreement (the Agreement), the importing
country which is prepared to take anti-dumping action on behalf of a third country has to seek
approval from the Council for Trade in Goods for the initiation of the approach.  Has
Guatemala provided for such procedure in it s domestic legislation and administrative
procedures on regional procedure initiated on the basis of Article 14 of the Agreement?
Reply
Guatemala understands that in the event of its deciding to initiate an investigation into
imports of a particular product on behalf of another Central American country it would first have to
seek approval from the Council for Trade in Goods.
In Guatemala's view, the application to the Council for Trade in Goods does not call for any
special procedure.  It having been established in Article 4 of the Regulations that the substantive
aspects are determined by the provisions of the WTO Agreements, Guatemala considers it
unnecessary to include the provisions of the Anti-Dumping Agreement in the Regulations.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 10
Replies to Questions Posed by Korea (D ocument G/ADP/Q1/GTM/6-G/SCM/Q1/GTM/6)
Question 1
Article 17 (Termination of the investigation)
Article 17 of the notified law stipulates that "the investigation shall be terminated if it is
determined that the margin of dumping is de minimis ".
However, Article 5.8 of the WTO AD Agreement provides a more specific provision
according to which the margin of du mping shall be considered to be de minimis  if this margin is
less than 2 per cent, expressed as a percentage of the export price.
How does the Guatemalan authority determine de minimis  margins?
Reply
In accordance with Article 4 of the Central American Regulations on Unfair Business
Practices, the substantive rules relating to unfair business practices are determined in the WTO
Agreements.  Therefore, in determining de minimis  margins, the Guatemalan  investigating authority
applies Article 5.8 of the WTO Anti-Dumping Agreement.
Question 2
Article 36 (Duration of definitive measures)
Article 36 stipulates that any definitive an ti-dumping or countervailing measures shall
be eliminated within the period of five years from the date of imposition of the provisional
measure or, failing such, the final resolution.
On the other hand, Article 11.5 of the WTO AD Agreement clearly stipulates that the
provisions of a five-year duration shall mutatis mutandis  apply to price undertakings.
Could Guatemala clarify whether or not Article 36, as it is, can be applied to the price
undertakings accepted under Article 30 of the country's legislation?
Reply
As noted in the previous reply, in implementing the Central American Regulations on Unfair
Business Practices the substantive rules of the WTO Agreements are applied.  This also means that
where the Convention is silent the relevant provisions of the WTO Agreements apply.
In this connection, Guatemala understands that  both an anti-dumping measure and a price
undertaking should remain in force for the time n ecessary to counteract the dumping causing injury,
provided that this period does not exceed five years from the date of imposition of the measure, the
acceptance of the undertaking or the final review of either.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 11
Question 3
Article 39 (Conciliation meeting)
This Article reads that "at any stage" of th e investigation conciliation meetings may be
held ex officio, or at the request of a party, in  order to achieve a direct settlement, including
price undertakings.
However, Article 8.2 of the WTO Agreement stipulates that price undertakings shall not
be sought or accepted from exporters unless the authorities of the importing country have made
a preliminary affirmative determination.  How can Guatemala explain the difference between
its own legislation and the WTO Agreement?
It is hoped that this Article of the country's legislation shall in no way threaten any
interested party, or prejudice the consideration of  any case before any preliminary affirmative
determination is reached.
Reply
According to Article 4 of the Central American Regulations, all the substantive aspects
relating to unfair business practices are determined by the provisions of the WTO Agreements.  Thus,
in accordance with Article 8.2 of the Anti-Dumping Agreement, the Guatemalan authorities may not
terminate a proceeding in the event of a price undertaking being given, if there has not been an
objective preliminary affirmative determination of dumping and injury.  We consider that theprovisions of the Anti-Dumping Agreement do not prevent the investigating authority from arranging
conciliation meetings in order to achieve a direct settlement at any stage of the proceeding and
without interrupting the process.  The holding of su ch conciliation hearings should not be interpreted
as detrimental to the interests of the exporting country since they are not compulsory.  Nor do they
prejudge the existence of an unfair practice, since the approval of any price undertaking is subject toan affirmative determination of the existence of dumping and injury.  Moreover, in accordance with
Article 8.4 of the Anti-Dumping Agreement, even if an undertaking is accepted after a preliminary
affirmative determination of dumping and injury caused by such dumping has been made, the exporter
may ask for the investigation to be completed and if, as a result, a negative determination is made, the
undertaking shall lapse.
Question 4
Article 45 (Suppletive application)
Article 5 (Purpose of the procedure) of the notified legislation stipulates
comprehensively that such measures shall be im posed "… in accordance with the criteria set
out in the WTO Agreement".
However, we are of the opinion that the Gu atemalan legislation should stipulate more
clearly that "… in cases not covered by these provisions, States Parties may apply on a
supplementary basis, the provisions and principles of the WTO Agreements, in addition to those
of the Central American integration, etc.".
We would be interested to hear the view of the Guatemalan authorities on this matter.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 12
Reply
According to the second  paragraph of Article 5 of the Central American Regulations, in order
to determine whether an unfair business practice is causing or threatening material injury or serious
prejudice to a domestic industry the factors indicated in the WTO Agreements (Articles 3.1 to 3.7 ofthe Anti-Dumping Agreement and Articles 15.1 to 15.7 of the Agreement on Subsidies and
Countervailing Measures) must be considered.  In Guatemala's opinion, a provision such as that
proposed by the Government of Korea would be appr opriate if the Central American legislation were
to establish criteria different from those set out in the WTO Agreements for the determination of
injury, which is not the case at present.
Replies to Questions Posed by Mexico (Document G/ADP/Q1/GTM/1-G/SCM/Q1/GTM/1)
Question 1
How will the competent authority of  Guatemala resolve a conflict between the WTO
Agreements and the Central American Regulations?
Reply
The Central American Regulations do not contain provisions that conflict with the WTO
Agreements.  In accordance with Articles 2 and 4 of the Regulations, their object is to  develop theprovisions established in the WTO Agreements, all the substantive aspects relating to unfair business
practices being determined by the provisions of those Agreements.  The Agreements form part of the
country's domestic law.  One of the fundamental principles observed in the application, interpretation
and integration of the Guatemalan legal system is the hierarchical principle, according to which laws
and treaties take precedence over regulations, and provisions which conflict with a rule of higherhierarchical standing are invalid.
Question 2
Article 6 of the Central American Regulations provides that applications for the
initiation of an investigation may be made by the representatives of the domestic industry
producing the injured product and by producers' associations.  What percentage of the
domestic production or of the producers' associations of the product concerned may request the
initiation of an investigation?
Reply
In order to determine the minimum percentage of the domestic production or of the producers'
associations of the product investigated that may request the initiation of an investigation, Guatemala
applies the provisions of Article 5.4 of the WTO Anti-Dumping Agreement.
Question 3
How does the Government of Guatemala interpret Article 5.2 of the Anti-Dumping
Agreement relating to relevant evidence for the initiation of an investigation?
Reply
The Government of Guatemala understands "relevant evidence" to be that which effectively
demonstrates the existence of a thing or the reality of a fact.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 13
Question 4
Are the time-periods provided for in the Ce ntral American Regulations calculated in
working days or calendar days?
Reply
Under Guatemala's Judicial Institution Act, which sets out the general rules for the
application, interpretation and integration of the Guatemalan legal system and makes good the
deficiencies of other laws, periods calculated in days do not include non-working days. Accordingly,
the periods specified in the Central American Regulations are calculated by the Guatemalan
authorities in working days.
Question 5
Are the resolutions issued by the competent authorities published in any newspaper or
gazette?  Within what time-periods?
Reply
The official organ of the Government of Guatemala for publication purposes is the Diario de
Centro América  (Central Ameri can Journal).  As regards the time-periods for publication, Article 42
of the Regulations requires resolutions to be published at the moment of notification.  Notifications
must be made within 10 days of the date of adoption of the resolution.
Question 6
What is the starting date for the time-per iods for interested parties to make their
representations and submit the required inform ation and evidence as provided for in the
Central American Regulations, when resolution s or determinations are notified:  the day
following the notification or the day following publication (assuming they are published)?
Reply
The time-periods indicated in a resolution or administrative measure notified to the interested
parties run from the day following the date of the last notification made, except when the time-period
is established in hours, in which case the period runs from the time of the last notification.
Question 7
 What criterion does the Guatemalan inve stigating authority use to determine the
exceptional circumstances mentioned in Article 12 of the Central American Regulations
whereby an investigation may last more than 12 months?
Reply
It is for the investigating authority to determ ine the exceptional circumstances, there being no
specific criteria in the legislation itself.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 14
Question 8
What is the nature of the preliminary determ ination provided for in Article 13 of the
Regulations?  Is it published in any official journal or newspaper or simply notified to the
interested parties?
Reply
The preliminary determination is a resolution under the administrative procedure for unfair
business practices and contains a determination of the facts which will serve as a basis for deciding
whether or not definitive duties should be applied.  This resolution is published in the Official Journal
and notified to the interested parties.
Question 9
If the preliminary determination is not published in any official journal or newspaper,
how do the investigating authorities intend to  comply with Article 12.2 of the Anti-Dumping
Agreement and Article 22.3 of the Subsidies Agreement?
Reply
The preliminary determination is published in the Official Journal on the basis of the
provisions of Article 42 of the Central American Regulations.
Question 10
Do the parties have a time-period for submitting observations concerning the
preliminary determination? If not, how does   Guatemala seek to comply with Article 6.2 of the
Anti-Dumping Agreement and Article 12.1 of the Subsidies Agreement?
Reply
Article 6.2 of the Anti-Dumping Agreement and Article 12.1 of the Subsidies Agreement lay
down that throughout the investigation all interest ed parties shall have a full opportunity for the
defence of their interests.  The Central American Regulations do not specify a time-period for
submitting observations concerning the preliminary determination because, as long as there has been
no final resolution, the parties can make any observations they consider relevant.
Question 11
Article 16 states that upon request by export ers representing a significant percentage of
the trade involved, provisional measures may be  applied for a period not exceeding six months.
How much is a significant percentage of the trade involved?
Reply
The Central American Regulations do not specifically indicate how much is a significant
percentage of the trade.  Consequently, it is left to the discretion of the investigating authority to
determine that percentage, in accordance with the circumstances of the case or the criteria adoptedinternationally.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 15
Question 12
Why are the initiation, preliminary and fina l resolutions notified to the interested
parties and governments within ten days of issue?  At what moment does the measure enter into
force?
Reply
The Central American regulations do not require the initiation, preliminary and final
resolutions to be notified within ten days of issue. What the Central American regulations say
(Articles 11 and 16) is that the notifications must be made within ten days of the resolution having
been adopted.  The measure enters into force after being published in the Official Journal.  If theresolution establishes time-periods, these begin to run from the day following the date of the last
notification made.
Question 13
What is the period of advance notice for th e investigating authorities to notify the
government of the exporting country of their inte ntion to initiate an investigation so as to
comply with the obligation laid down in Articles  9 of the Central American Regulations and 5.5
of the Anti-Dumping Agreement?
Reply
Like the Anti-Dumping Agreement, the Central American legislation stipulates that the
government of the exporting country must be notified before an investigation is initiated, but does not
establish a time-period for that purpose.
Question 14
How do the investigating authorities intend to comply with the obligation to inform all
interested parties of the essential facts under consideration which form the basis of the decisionwhether to apply definitive measures, as prov ided for in Article 6.9 of the Anti-Dumping
Agreement?
Reply
Throughout the period that the file is being processed, the parties are notified to keep them
informed of all the facts in the file.  In addition, the parties are notified of the preliminary resolution
which contains the essential facts that form the basis of the decision whether to apply definitive
measures.
Question 15
Do internal remedies exist for parties affect ed by the investigation in Central American
countries, and what is the time -period for filing such appeals?G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 16
Reply
Article 43 of the Regulations states that the appeals provided for in the domestic legislation of
each party may be entered against the resolutions adopted by the national authorities.  In the case of
Guatemala, the Administrative Disputes Act stipulates that the following appeals may be enteredagainst definitive resolutions adopted by the authorities:
- Appeal for reversal when the source of the resolution is not a Ministry of State;- appeal for reconsideration when the source of the resolution is a Ministry of State;The time-period for filing these appeals is five days from the day following the date of
notification of the resolution.  When administrative channels have been exhausted, it is possible to
request a judicial review.  The time-period for this is three months from the date of the last
notification of the resolution concluding the administrative procedure.
Question 16
Articles 13 of the Anti-Dumping Agreement and 23 of the Subsidies Agreement
established that WTO Members shall maintain judicial, arbitral or administrative tribunals or
procedures for the purpose, inter alia , of the prompt review of administrative actions relating to
final determinations and reviews of determinations, which shall be independent of theauthorities responsible for the determination or review in question.  In the case of regional
investigations, is there any remedy to which affected parties can resort against SIECA
resolutions, and what is the time-period for doing so?
Reply
In accordance with the provisions of Articles 28 and 30 of the Central American Regulations,
SIECA does not adopt resolutions but only recommendations for the Executive Committee.  It is for
the Executive Committee to decide the action which must be taken, individually or collectively, by the
States Parties in the event of imports under unfair conditions affecting a domestic industry of a StateParty other than the importing country.
The decisions of the Executive Committee, whose functions are currently being performed by
the Council of Ministers Responsible for Economic Integration and Regional Development,
6 must be
implemented by each State Party, in compliance with the provisions of the WTO Agreements which
form part of its domestic legislation.  Consequently, the parties can only be affected by a resolution of
the country imposing the measure, which they may challenge using the remedies laid down in thatcountry's domestic legislation.
In the case of Guatemala it is possible to have recourse to the remedies mentioned in the reply
to question 15.
Question 17
What is the composition of the SIECA and where is it located?
                                                     
6The Executive Committee will assume these functions when the Guatemala Protocol enters into force
in all the countries of the Central American area.G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 17
Reply
SIECA consists of a General Secretariat and three General Directorates:
- Common Market;- Foreign Trade Policy;- Integration Studies and International Cooperation.It also has:
- A Legal Advisory Service;
- an Administrative and Financial Department;- an Information Technology Department;- a Documentation and Communications Centre;  and- a Human Resources Department.
It is located in Guatemala City (4a, Avenida 10-25, zona 14).
Question 18
What is the legal nature of the SIECA and what are its specific functions and
limitations?
Reply
In accordance with Article XXIV of the General Economic Integration Treaty and Article 43
of the Guatemala Protocol, SIECA is a legal entity of international law.  Its functions are:
- To oversee the correct application of the legal instruments of regional integration;- implement the decisions of the Central American integration bodies;- carry out the studies and work entrusted to it by those bodies;  and- to make proposals concerning economic integration.It is a technical administrative body with powers to propose and implement, but not to take
decisions.
Question 19
What is its positional status in relation to  the investigating authority of Guatemala and
of the Central American countries?G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 18
Reply
There is no hierarchical relation with the in vestigating authority of any of the Central
American countries.  In the case of the regional procedure, there is a link of complementarity.
Question 20
Who heads the SIECA?
Reply
The Secretary-General is SIECA's legal representative.
Question 21
Who would represent the SIECA in international dispute settlement procedures
stemming from regional investigations or investigations concerning other countries?
Reply
SIECA does not adopt any resolutions in a regional procedure.  Consequently, there is no
possibility of SIECA appearing as a party in a dispute settlement proceeding stemming from regionalinvestigations, since it is not a decision-making body.  Furthermore, the dispute settlement procedure
is a mechanism for settling trade disputes which arise between Member States of the WTO.
Replies to Questions Posed by the United States (Document G/ADP/Q1/GTM/3-
G/SCM/Q1/GTM/3)
Question 1
Regarding G/ADP/1/GTM/2, when an investigatio n is self-initiated (i.e., brought by the
administering authority, not by petition of the domestic industry), Article 3 indicates that theadministering authority shall notify the domestic industry for "confirmation of consent."
Please describe what constitutes "conse nt" and your method for ascertaining it.
Reply
The self-initiation of an investigation presupposes that the investigating authority has
sufficient evidence of dumping and of injury to a domestic industry, as well as of a causal linkbetween the two.  Obviously, the investigating authority can only have access to the evidence of
injury if it has the approval and collaboration of the domestic industry concerned.  Nevertheless, the
Central American Regulations require confirmation of the consent of the domestic industry presumed
to be affected in order to continue the investigation.
To obtain this consent the in vestigating authority must notify the domestic industry that an
investigation is being initiated.  This notification may be made by any means, including a notice in the
Official Journal.  If the domestic industry concerned does not indicate its disapproval of the
investigation, its consent to the carrying out of the investigation is considered to have been confirmed.
Question 2
What might constitute "special circumstances" (pursuant to Article 5.6 of the AD
Agreement) in which your administering authority would self-initiate an investigation?G/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 19
Reply
The special circumstances in which Guatemala might self-initiate an investigation would be
almost exclusively those in which the domestic producers had difficulty in getting together, eitherbecause they represent small businesses or belong to the informal sector.
Question 3
Regarding Article 8, when a petition is rejected, the submitter may use "legal remedies
provided by the legislation of the State Party con cerned against it."  Please explain the nature of
these "legal remedies" and provide a copy of their relevant statutory or regulatory basis.
Reply
The legal remedies allowed by the Guatemalan legislation are:
(a) Appeal for reversal against the resolution of the investigating authority refusing to
initiate an investigation.  It is the responsibility of the Minister of Economics, the
hierarchically superior administrative authority, to decide this appeal; and
(b) Judicial review, which allows an appeal to be made against the resolution adopted by
the Minister of Economics in the competent court.
A copy of the Administrative Disputes Act is attached.  This law is applicable to all
administrative proceedings, not just anti-dumping proceedings.
Question 4
Regarding Article 16, please clarify what is meant by "the application of provisional
measures shall be limited…upon request by exporters representing a significant percentage of
trade involved …"  To what group does "exporters" refer?  Petitioners, respondents, or thedomestic trade in exports?
Reply
This provision of the Central American Regulations is the same as Article 7.4 of the WTO
Anti-Dumping Agreement.
Replies to Additional Questions Posed by the United States
(Document G/ADP/W/384-G/SCM/W/395)
Question 1
Prior to the implementation of the Uruguay Round Anti-Dumping and Subsidies and
Countervailing  Duty Agreements did your country have anti-dumping or countervailing duty
laws?  If so, have those laws been revoked?
Reply
Before the WTO Anti-Dumping and Subsidies and Countervailing Measures Agreements
were signed, the relevant Guatemalan law was the Central American Regulations on Unfair Business
Practices and Safeguard Clause.  These Regulations were revised in order to adapt them to theG/ADP/Q1/GTM/7
G/SCM/Q1/GTM/7
Page 20
provisions of the WTO Agreements.  The revision process was concluded on 12 December 1995 with
the issue of new Regulations which entered into force on 4 June 1996.
Question 2
If you are in the process of drafting legislation, what is the estimated date for
implementation of the legislation?
Reply
The new legislation was completed on 12 December 1995 and, in the case of Guatemala, is
awaiting approval by the Congress of the Republic.7
Question 3
Does your country have an organization to administer the anti-dumping or
countervailing duty laws?  If so, does the organization have any administrative guidelines foradministering these laws?
Reply
The administration of the Central American Regulations on Unfair Business Practices is the
responsibility of the Economic Integration Directorate of the Ministry of Economics.  At present,
Guatemala does not have any administrative guidelines for administering these laws.
Question 4
Does your country have any outstanding anti-dumping or countervailing duty orders?
Reply
No.  However, Guatemala has initiated an anti-dumping investigation into portland cement
imports from Mexico.
__________
                                                     
7The Central American Regulations on Unfair Business Practices were published in the Guatemalan
Official Journal of 4 June 1997.