WORLD TRADE
ORGANIZATIONG/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
20 January 1999
(99-0172)
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 4 December 1998, has been received from the
Permanent Mission of Argentina.
_______________
TABLE OF CONTENTS
Page
FOREIGN TRADE  2
TITLE I  3
TITLE II  4
CHAPTER 1 – APPLICATION FOR INITIATION OF THE INVESTIGATION  4CHAPTER 2 – CONDUCT OF THE INVESTIGATION  7
CHAPTER 3 – PROVISIONAL MEASURES 10
CHAPTER 4 – FINAL MEASURES 11CHAPTER 5 – UNDERTAKINGS 12CHAPTER 6 – COLLECTION OF DUTIES 13CHAPTER 7 – DURATION AND REVIEW OF MEASURES AND UNDERTAKINGS 15
CHAPTER 8 – APPEALS 17
CHAPTER 9 – SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) 17CHAPTER 10 – GENERAL 17TITLE III 19G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 2
I have the honour to submit herewith to the Anti-Dumping Committee, pursuant to
Article 18.5 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs
and Trade 1994, information on the entry into force of Decree 1326/98.
The Decree in question, dated 10 November 1998 and published in the Official Journal of the
Argentine Republic on 13 November 1998, deals with the following matters:
- Rules and regulations for the implementation of Law 24,425 (Law approving the
Final Act Embodying the Results of the Uruguay Round of Multilateral Trade
Negotiations, the Ministerial Decisions and Declarations and Understandings and the
Marrakesh Agreement Establishing the WTO), relating to anti-dumping andanti-subsidy regimes,
- implementing authorities;- application for initiation of an investigation;- conduct of the investigation;- provisional measures;
- final measures;
- undertakings;- collection of duties;- duration and review of measures and undertakings;- appeals;- small and medium-sized enterprises;
- general.
FOREIGN TRADEDecree 1326/98
Rules and regulations for the effective implementation of Law No. 24,425 which contains
anti-dumping and anti-subsidy rules.  Implementin g authorities.  Application for initiation of an
investigation.  Conduct of the investigation.  Provisional measures.  Final measures.  Undertakings.
Collection of duties.  Duration and review of measures and undertakings.  Appeals.  Small andmedium-sized enterprises.  General.
HAVING REGARD TO File No. 030-001713/96 in th e Registry of the Ministry of the
Economy and Public Works and Services, and
WHEREAS:
The Final Act Embodying the Results of the Uruguay Round of Multilateral Trade
Negotiations, the Ministerial Decisions and Declarations and Understandings and the Marrakesh
Agreement Establishing the World Trade Orga nization were approved under Law No. 24,425;G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 3
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. 24,176 and the corresponding regulatory
Decree No. 2121 of 30 November 1994;
It is necessary to enact rules and regulations for the effective implementation of the Law
referred to in the first paragraph above;
Decree No. 704 of 10 November 1995, published in the Official Journal of
15 November 1995, confirmed the status of the Minister of the Economy and Public Works and
Services as implementing authority for the anti-dumping and anti-subsidy regimes contained in Law
No. 24,425;
Decree No. 766 of 12 May 1994 set up the National Commission for Foreign Trade, a
decentralized agency of the Secretariat for Industry, Trade and Mining of the Ministry of the
Economy, Public Works and Services;
The National Executive is competent to enact this act, by virtue of the provisions of
Article 99,  paragraph 2, of the National Constitution,
Wherefore,
The President of the Argentine Nation decrees:
TITLE I
Article 1 – The implementing authorities for this Decree, under the powers assigned to them
therein, shall be the following:
(a) the Ministry of the Economy and Public Works and Services;
(b) the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and
Public Works and Services;
(c)  the Undersecretariat for Foreign Trade, a unit of the Secretariat for Industry, Trade
and Mining of the Ministry of the Economy and Public Works and Services;  and
(d)  the National Commission for Foreign Trade, a decentralized agency of the Secretariat
for Industry, Trade and Mining of the Ministry of the Economy and Public Works andServices.
Article 2 - For the purposes of this De cree, the following meanings shall apply:
(a) "Agreement on Dumping":  the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994, approved by Law No. 24,425;
(b) "Agreement on Subsidies": the Agreement on Subsidies and Countervailing
Measures, approved by Law No 24,425;G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 4
(c)  "Undersecretariat":  the Undersecretariat for Foreign Trade, a unit of the Secretariat
for Industry, Trade and Mining of the Ministry of the Economy and Public Works and
Services;
(d)  "Commission":  the National Commission for Foreign Trade, a decentralized agency
of the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and
Public Works and Services;  and
(e)  "Product":  a like product within the meaning of Article 2.6 of the Agreement on
Dumping and footnote 46 to Article 15.1 of the Agreement on Subsidies.
TITLE II
CHAPTER 1 – APPLICATION FOR INITIATION OF THE INVESTIGATION
Article 3 - The application for initiation of a dumping or subsidy investigation shall be
submitted in writing in the original and one (1) copy, each with the corresponding back up magnetic
medium (diskette), by the domestic industry which considers itself to be affected by the alleged
dumping or subsidization, or any representative thereof, to the Office of the Incoming
Communications and Notifications Directorate of the Secretariat for Industry, Trade and Mining,
which shall transmit the original submission and one (1) diskette through the Dispatch Office to theUndersecretariat, and the certified copy with  backup diskette to the Commission, within a
non-extendable period of three (3) working days.
The application shall be submitted in accordance with the guidelines, requirements and
formalities to be established for that purpose by the Undersecretariat and the Commission, and shallinclude sufficient evidence:
(a) Of dumping or subsidization;(b)  of material injury or threat of materi al injury to a domestic industry or material
retardation of the establishment of such an industry;  and
(c) of a causal link between the two.
The applicant shall likewise produce reliable evidence of the representativeness to which it
lays claim, supported where possible by certification, by the corresponding association, chamber or
federation, of its percentage share of the industrial sector it occupies and evidence of production of thelike product.
Applications submitted on behalf of the domestic industry may be drawn up by chambers or
associations of producers representing the sector of the domestic industry which considers itself to be
affected by the alleged dumping or subsidization.
Prior to submission of the application, the interested parties may request advice on the
formalities required from the services determined for that purpose by the Undersecretariat and the
Commission, within their respective spheres of competence.
Article 4 – Within a period of five (5) days, and taking into account the comments made by
the Commission within a period of  three (3) days, the Undersecretariat shall inform the applicant of
any deficiencies in the application so that they may be remedied.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 5
If no formal errors or omissions are found in the application, or if such as are found are
remedied within the time-limit of five (5) days allowed for that purpose, the Undersecretariat shall
continue the processing activity after so informing the Commission;  otherwise, the application shall
be deemed to have lapsed and shall be filed ac cordingly, in which event the applicant and the
Commission must be notified.
If and when it is decided that the application is admissible, the Undersecretariat and the
Commission shall each appoint two (2) members of their own staff to constitute a liaison committee
for the investigative process initiated by the application, and to represent those bodies in connection
with any communications and notifications they see fit to pass between them with a view to
expediting and efficiently fulfilling the purpose of the process.
Article 5 – With regard to the definition of like domestic product, the Commission shall
submit to the Undersecretariat, within ten (10) days following the communication referred to in
Article 4 of this Decree, a report on the existence of a like domestic product, which shall be
understood to mean a product which is identical, i.e. alike in all respects to the product underconsideration, or in the absence of such a product, another product which, although not alike in all
respects, has characteristics closely resembling those of the product under consideration.
The Undersecretariat shall take a decision on the subject on the basis of the above-mentioned
report.  In the event that no like domestic product is found to exist, or if any request for additionalclarification is not satisfied, the Undersecretariat, after so informing the applicant and the
Commission, shall file the papers.
Article 6 – Within a period of ten (10) days from the date of receipt of the report referred to in
Article 5 of this Decree, the Undersecretariat shall take a decision on the representativeness of theapplicant and shall notify the Commission accordingly.
To that end, the Undersecretariat shall investigate, as appropriate, the origin of the
accompanying certifications, and may also hold consultations with the domestic producers in order to
verify compliance with the percentage levels of representativeness required by the Agreements on
Dumping and Subsidies, as applicable.
Should it be determined that the applicant is not  representative of the domestic industry, the
Undersecretariat, after so inform ing the applicant and the Commissi on, shall disallow the application
and file the papers without taking any further action.
Article 7 – The Undersecretariat shall examine the accuracy and adequacy of the evidence
provided in the application in respect of dumping or subsidization, in order to determine whether there
is sufficient evidence to justify the initiation of an  investigation and shall so inform the Secretary of
the State for Industry, Trade and Mining within thirty-five (35) days from the date of receipt of the
report referred to in Article 5 of this Decree;  it shall also submit its findings to the Commission.
Article 8 – The Commission shall examine the accuracy and adequacy of the evidence
provided in the application in respect of the damage caused by the imports complained of, in order to
determine whether there is sufficient evidence to ju stify the initiation of an investigation and shall
inform the Secretary of State for Industry, Trade a nd Mining, within thirty-five (35) days from the
date of receipt of the report referred to in Article 5 of this Decree, whether or not damage hasoccurred;  it shall also submit its findings to the Undersecretariat.
On the basis of its own report and that of the Undersecretariat, the Commission shall draw up
a report on the existence of a causal link within a time-limit of three (3) days and shall present it to the
Secretary of State for Industry, Trade and Mi ning, with a copy to the Undersecretariat.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 6
Upon receipt of the copy of the causal link report and within a time-limit of five (5) days, the
Undersecretariat shall present to the Secretary of State for Industry, Trade and Mining its
recommendation regarding the decision to be taken on initiation of the investigation, with an
assessment of the other circumstances pertaining to general foreign trade policy and the publicinterest.
Article 9 – The Undersecretariat and the Commission may request additional information
from the applicant for the purpose of preparing the reports referred to in Articles 7 and 8 of this
Decree.  The applicant shall have five (5) days from the date of notification to provide the information
requested, during which period the time-limit laid down in Articles 7 and 8 of this Decree shall be
suspended.
Article 10 – The Secretary of State for Industry,  Trade and Mining, following receipt of the
reports referred to in Articles 7 and 8 of this Decree, shall have ten (10) days to decide whether or not
it is appropriate to initiate an investigation.
Article 11 – The Undersecretariat shall notify the Secretary of State's decision to initiate an
investigation to the representative of the government of the exporting country concerned.
In the case of an application for a subsid y investigation, following receipt of a duly
documented application and before proceeding to initiate the investigation, the Undersecretariat shallnotify the government of the country of origin or the exporting country concerned, and that
government shall be invited to hold consultations with the aim of clarifying the situation and arriving
at a mutually agreed solution, as provided in Article 13.1 of the Agreement on Subsidies.
In such case, the Undersecretariat shall attach to its recommendations details of the content,
scope and assessment of the consultations carried out under this Article.
Article 12 – The applicant may, before the initiation of the investigation, communicate its
decision not to maintain the application submitted, in which case it shall be considered to have been
withdrawn, pursuant to Article 67 of Decree No. 1759/72.
Article 13 – The decision to initiate an investigation shall contain the necessary information
to ensure proper identification of the product concerned, its origin, the period investigated pursuant to
Article 17 below, the basis of the allegation of dumpi ng set out in the application, or a description of
the subsidization practice to be investigated, a summary of the factors on which the allegation of
injury is based, the causal link, the date from which the decision in question is to enter into force, the
address or addresses to which the submissions made by the interested parties should be sent and thetime-limits for the interested parties to make known their opinions, as well as any instructions to the
General Customs Directorate under the Federal Public Revenue Administration of the Ministry of the
Economy and Public Works and Services, that may be considered necessary.
Article 14 – Any decision to initiate an investigation shall be communicated by the Ministry
of the Economy and Public Works and Services, within five (5) days of its adoption, to the National
Directorate of Official Records, a unit of the Ministry of Justice, for publication in the Official Journal
within a maximum of five (5) days from the date of its communication.
Article 15 -  The Undersecretariat shall as early as possible communicate the decision on
whether or not it is appropriate to initiate an investigation both to the Government of the country
concerned whose products are under investigation and to the applicant and other interested parties,
whose interest is known from the background information contained in the files.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 7
With due regard for the protection of confidenti al information, it shall provide to the known
exporters and authorities of the exporting country, which so request, the full text of the application
submitted in accordance with Article 3 of this Decree, which shall also be made available to the other
interested parties upon request.  Where the number of exporters involved is particularly high, the fulltext of the application shall only be provided to the authorities of the exporting country.
Article 16 – The Secretary of State for Industry, Trade and Mining may initiate the
investigation ex officio when he has sufficient evidence, pursuant to the provisions of the Agreement
on Dumping or the Agreement on Subsidies, as the case may be, and those of this Decree, to
determine the existence of dumping or subsidization, injury and a causal link between the two.  Prior
to such decision, he shall seek from the Undersecretariat and the Commission the reports referred to inArticles 7 and 8 of this Decree.
CHAPTER 2 – CONDUCT OF THE INVESTIGATION
Article 17 – The data to be used for the determination of dumping or subsidization shall be
those compiled during a minimum of twelve (12)  months preceding the month in which the
investigation is initiated.  If insufficient informa tion is available for the analysis, the above-mentioned
time-limit may be reduced to a minimum of six (6) months.  The period of compilation of data for the
determination of injury shall normally be thirty-s ix (36) months preceeding the month in which the
investigation is initiated.  All of the above shall be without prejudice to the possibility for theUndersecretariat and the Commission to request information concerning a longer period of time.
Article 18 - When it has been decided to initiate an investigation, the Undersecretariat and the
Commission may request any information required for the conduct of the investigation by sending
questionnaires to the producers, exporters and importers, who shall provide the evidence they intendto rely upon.
Questionnaires shall be considered to have been received one week after the date on which
they were dispatched to the addressee or transmitte d to the competent diplomatic representative of the
exporting country or, in the case of a separate customs territory Member of the WTO, to an official
representative of the exporting territory.
The questionnaires, together with supporting documentation, attestation of legal personality
and election of special domicile within the radius of the federal capital, shall be returned to the
Undersecretariat and/or the Commission within thirty (30) days from the date of receipt by the
interested party, accompanied by the corresponding diskette version.
The documentation in question shall be drafted in Spanish or, where appropriate,
accompanied by the necessary translation by a certified public translator.  It shall also be accompanied
by the relevant official attestations.
At the request of a party, the Undersecretari at and/or the Commission may grant extensions to
the time-limit for the presentation of information, taking into account the time-frame for the
investigation, and provided that the party adequately substantiates the specific circumstances
providing grounds for the extension.
When questionnaires are transmitted to interested parties, it shall be expressly placed on
record that, in the event that no replies or partial replies are received, the requesting authority shall use
the best information available.  With regard to both dumping and subsidy investigations, the
provisions of Annex II to the Agreement on Du mping shall apply in respect of the term "best
information available".G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 8
Article 19 - Upon receipt of the questionnaires, the Undersecretariat and the Commission
shall review them and, where necessary, request that any omissions be rectified and any necessary
clarifications provided within the time-limit of fifteen (15) days following receipt.
The Undersecretariat and the Commission shall determine the date by which the
questionnaires and clarifications thereto are to be received and put together in order to be used as a
basis for the preliminary determination.  Such clarifications and/or corrections, as well as any
evidence received subsequently, may be considered, where appropriate, in the following stage of the
investigation.
Article 20 - Following the initiation of the investigation and prior to the submission of the
report containing the final determination, the U ndersecretariat and/or the Commission may convene a
hearing of the interested parties at which they may:
(a) Be questioned by the convening body in respect of issues arising from the
proceedings;
(b) question or rebut the arguments of the opposing parties with regard to the data and
evidence that may have been presented; and
(c) make submissions in writing.Without prejudice to such notifications as may be made directly, the notification of the
hearing shall be published in the Official Journal by the convening body at least ten (10) days before
the date of the hearing, and shall in all cases indicate the subjects to be discussed.
In the event that it is decided during the hearing to discuss any item not included in the
agenda, such discussion shall be subject to the prior assent of those present, which shall be recorded in
the relevant official record.
Following the conclusion of the hearing, an official record of the proceedings shall be drawn
up.
Once the period for the presentation of evidence has been officially concluded and before a
final determination is made as a basis for the decision whether or not to apply measures, the parties
may examine any information available during a period of at least ten (10) days, in order to enable
them to defend their interests basing themselves essentially on proceedings prior to that juncture.
Article 21 - The Undersecretariat and the Commission may, within the limits of their
respective areas of responsibility and once a decision has been taken to initiate the investigation, carry
out on-the-spot investigations in the country or abro ad in order to obtain further information and/or to
verify the information provided by a party.
Article 22 - The Undersecretariat or the Commission, for the purposes of on-the-spot
investigations abroad, shall obtain the prior agreem ent of the interested party and of the government
of the country in question.  The Undersecretariat and the Commission shall give sufficient advance
notice to the party concerned, indicating the general nature of the information to be verified as well as
whether additional information will need to be provided.
If the party or the government of the foreign country do not agree to the on-the-spot
investigation, or if they do not cooperate with the investigation, the Undersecretariat or the
Commission shall use the best information available in order to complete the investigation.  WithG/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 9
regard to both dumping and subsidy investigations, the provisions of Annex II to the Agreement on
Dumping shall apply in respect of th e term "best information available".
Once the on-the-spot investigation has been concluded, an official record of the action taken
shall be drawn up and included in the files.  The record shall be signed by the party under
investigation or its legal representative and the official(s) who carried out the investigation, and a
copy shall be provided, upon request, to the party concerned, which shall have ten (10) days either to
raise an objection or to present any supplementary information which may have been requested.
If the party under investigation claims that 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 not accepted, the party under investigation may
withdraw the information concerned.
Article 23 - The Undersecretariat or the Commission, for the purposes of on-the-spot
investigations on national territory, shall give notice of ten (10) days to the party concerned,
indicating the general nature of the information to be verified, as well as whether additional
information will need to be provided.
The Undersecretariat and the Commission shall ob tain the prior authorization of the party in
order to carry out the on-the-spot investigation.  If the party refuses or does not cooperate with the
investigation, the Undersecretariat or the Commission shall use the best information available in order
to complete the investigation.  With regard to both dumping and subsidy investigations, the provisions
of Annex II to the Agreement on Dumping shall apply in respect of the term "best information
available".
Once the on-the-spot investigation has been concluded, an official record of the action taken
shall be drawn up and included in the files.  The record shall be signed by the party under
investigation or its legal representative and the official(s) who carried out the investigation, and a
copy shall be provided, upon request, to the party concerned, which shall have five (5) days either to
raise an objection or to present any supplementary information that may have been requested.
If the party under investigation claims that specific information is of a confidential nature, it
shall be included in a separate record which shall receive confidential treatment pending a decision on
the subject by the Undersecretariat or the Commission under Article 24 of this Decree.  If the request
for confidentiality is not granted, the party unde r investigation may wit hdraw the information
concerned.
Article 24 - The Undersecretariat and the Commission shall decide on requests by the parties
for the confidential treatment of information within a maximum of five (5) days from the point in time
when all the conditions for a thorough analysis of the request have been met.  At the same time, the
interested party shall provide the grounds for its request, together with non-confidential summaries ofthe information requested of it, or an explanation of the reasons which preclude presentation of such
summaries.
When the Undersecretariat or the Commission reaches a decision in favour of confidentiality
of information, the relevant pages shall be extracted from the records and access to them shall belimited, exclusively, to the officials assigned to the investigation.
When no satisfactory summary is provided or no convincing cause is shown for the inability
to provide such a summary, the information in question shall be disregarded.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 10
Article 25 - The Secretary of State for Indus try, Trade and Mining shall terminate the
investigation, at any stage thereof, if he is inform ed by the Undersecretariat or the Commission, as the
case may be, that there is not sufficient evidence of either dumping or subsidization, or of injury, or
that the margin of dumping or the amount of a subsidy, or the volume of actual or potential imports isnegligible or "de minimis", in accordance with the terms of Article 5.8 of the Agreement on Dumping
and Article 11.9 of the Agreement on Subsidies.
CHAPTER 3 - PROVISIONAL MEASURES
Article 26 - The Commission, no sooner than two (2) and no later than four (4) months after
the initiation of the investigation, shall inform the Secretary of State for Industry, Trade and Mining
whether there are preliminary results pointing to the existence of injury to domestic production causedby the imports under investigation, and shall also communicate its findings to the Undersecretariat.
The Undersecretariat, no sooner than two (2) and no later than four (4) months after the
initiation of the investigation, shall inform the Secretary of State for Industry, Trade and Mining
whether there are preliminary results pointing to the existence of dumping or subsidization and shallalso communicate its findings to the Commission.
The Commission, using the reports referred to in the preceding paragraphs, shall draw up the
causal link report within a maximum of ten (10) days, and shall submit the report to the Secretary of
State for Industry, Trade and Mining, with a copy to the Undersecretariat.
The Undersecretariat for Foreign Trade, upon receipt of the causal link report and within a
period of ten (10) days, shall submit to the Secretary of State for Industry, Trade and Mining its
recommendation concerning the provisional measure to be adopted, with an assessment of the other
circumstances pertaining to general foreign trade policy and the public interest.
The Secretary of State for Industry, Trade and Mining, in the event of proceeding with the
matter, shall bring it to the attention of the Minister of the Economy and Public Works and Services.
The Minister of the Economy and Public Works and Services, upon receipt of the findings of
the Secretary of State for Industry, Trade and Mining , shall decide whether it is appropriate to adopt
provisional measures.
Article 27 - The decision to impose provisional measures shall contain:(a) The names of the producers/exporters or, if that is not practicable, of the supplier
countries concerned;
(b) a product description sufficient for customs purposes;(c) the established margins of dumping or the established amount of the subsidy;
(d)  considerations relating to the dete rmination of the existence of injury;
(e) the main grounds on which the determination is based;(f) the method of quantification of the provisional measures;(g) the relevant instructions to the General Customs Directorate under the Federal Public
Revenue Administration of the Ministry of the Economy and Public Works and
Services;G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 11
(h) the date of its entry into force.
When the preliminary determinations are negative, the decisions shall set out the issues of fact
and law on which the Secretary of State for I ndustry, Trade and Mining based his findings.
Article 28 - Any decision as to whether or not to apply provisional measures shall be
transmitted by the Ministry of the Economy and Public Works and Services, within five (5) days of its
adoption, to the National Directorate of Official Re cords attached to the Ministry of Justice, for
publication in the Official Journal within the time-limit of five (5) days from the date of its
transmission.
Article 29 - The Undersecretariat shall inform all interested parties of the adoption of
provisional measures within ten (10) days following publication of the decision in the Official
Journal.
CHAPTER 4 - FINAL MEASURES
Article 30 - The Commission, within two hundr ed (200) days from the initiation of the
investigation, shall inform the Secretary of State for Industry, Trade and Mining of the existence of
injury to domestic production caused by the imports subject to investigation, and shall also
communicate its findings to the Undersecretariat.
The Undersecretariat, within two hundred (200) da ys from the initiation of the investigation,
shall inform the Secretary of State for Industry, Trade and Mining of the existence of dumping or
subsidization, and shall also communicate its findings to the Commission.
When reasons of technical complexity require a more thorough analysis, the Undersecretariat
or the Commission may extend the time-limit, taking particular account of the maximum period
scheduled for completion of the investigation.
The Commission, using the reports referred to in the preceding paragraphs, shall draw up the
causal link report within a maximum of ten (10) days and shall submit it to the Secretary of State for
Industry, Trade and Mining, with a copy to the Undersecretariat.
The Undersecretariat for Foreign Trade, upon receipt of the causal link report and within a
period of ten (10) days, shall submit to the Secretary of State for Industry, Trade and Mining its
recommendation on the anti-dumping or countervailing duties to be applied, with its assessment of the
other circumstances pertaining to general foreign trade policy and the public interest.
The Secretary of State for Industry, Trade and Mining shall reach a conclusion as to whether
or not it is appropriate to apply a final measure, and shall submit the matter to the Minister of the
Economy and Public Works and Services for consideration.
The Minister of the Economy and Public Works and Services shall reach a conclusion on the
subject and shall in consequence issue the final decision as to whether or not to apply anti-dumping or
countervailing duties.
The investigation shall normally be completed within the twelve (12) months from the date of
its initiation.
The time-limit prescribed in the previous paragraph may be extended to a maximum of
eighteen (18) months when the complexity of the case so requires.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 12
Article 31 - The decisions imposing final measures shall set out all relevant information on
the issues of fact and law and the reasons which have led to the imposition of such measures, in
particular the information referred to in Article 27 of this Decree.
Decisions which contain final determinations rejecting the application of anti-dumping or
countervailing duties shall give details of the issues of fact and law on which the Minister of the
Economy and Public Works and Services based his findings.
Article 32 - Any decision to close the investigation, whether or not it provides for adoption of
anti-dumping or countervailing measures, shall be transmitted by the Ministry of the Economy and
Public Works and Services to the National Directorate of Official Records attached to the Ministry ofJustice, for publication in the Official Journal within five (5) days from the date of transmission.
Article 33 - The Undersecretariat shall inform all interested parties of the adoption or
non-adoption of final measures within ten (10) days of the publication of the decision in the Official
Journal.
CHAPTER 5 - UNDERTAKINGS
Article 34 - The Secretary of State for Industry,  Trade and Mining, without prejudice to the
terms of Article 8.4 of the Agreement on Dumping and Article 18.4 of the Agreement on Subsidies,
may suspend or terminate the investigations without imposing provisional or final measures, ifapproval is given to offers of voluntary undertakings which satisfactorily address the need:
(a) to revise prices or cease exports at dumped prices;(b) for the exporter to eliminate the injurious effect of the subsidy;  and(c) for the government of the exporting country  to eliminate or limit the subsidy or take
other measures concerning its effects.
Article 35 - The undertaking offered by an exporter shall be presented to the Secretariat for
Industry, Trade and Mining at any time after the Commission has produced the report on the existence
of a causal link between the dumping and the pre liminary determination of injury referred to in
Article 26.
Upon receipt of the offer, the Secretariat for Industry, Trade and Mining shall request the
opinion of the Undersecretariat and the Commission, within the sphere of their respective fields of
competence, on the feasibility of the proposed undertaking.
The Undersecretariat and the Commission shall ha ve thirty (30) days from the date of the
request referred to in the preceding paragraph to produce the respective reports.
The Secretary of State for Industry, Trade and Mining shall have fifteen (15) days from
receipt of the above-mentioned reports to decide whether or not to accept the undertaking, during the
whole of which period the procedural time-limits governing the investigation shall remain suspended.
Article 36 - The undertaking offered by the government of an exporting country shall be
presented to the Secretariat for Industry, Trade and Mining at any time after a preliminary affirmativedetermination of dumping has been made.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 13
Upon receipt of the offer, the Secretariat for Industry, Trade and Mining shall request the
opinion of the Undersecretariat and the Commission, within the sphere of their respective fields of
competence, on the feasibility of the proposed undertaking.
The Undersecretariat and the Commission shall ha ve thirty (30) days from the date of the
request referred to in the preceding paragraph to produce the respective reports.
The Secretary of State for Industry, Trade and Mining shall transmit his findings in respect of
the reports of the Undersecretariat and the Commission to the Minister of the Economy and Public
Works and Services within fifteen (15) days from receipt of those reports.
The Minister of the Economy and Public Works and Services shall decide whether or not to
accept the undertaking within twenty (20) days from receipt of the findings of the Secretary of State
for Industry, Trade and Mining, during the whole of which period the procedural time-limits
governing the investigation shall remain suspended.
Article 37 - The decision to suspend an investigation on account of acceptance of an
undertaking shall contain all relevant information concerning matters of fact and law and the reasons
which led to the acceptance of the undertaking.
Article 38 - The decision to suspend or conclude an investigation on account of acceptance of
an undertaking shall be submitted by the Ministry of the Economy and Public Works and Services,
within five (5) days of its adoption, to the Nationa l Directorate of Official Records attached to the
Ministry of Justice, for publication in the Official Journal within a maximum of five (5) days from the
date of its submission.
Article 39 - The Undersecretariat shall notify the decision to accept or reject the undertaking
as early as possible to the exporter who offered the undertaking, and within a maximum of ten
(10) days from publication in the Official Journal to the government of the exporting country which
offered the undertaking.
Article 40 - Undertakings may be suggested by the Secretary of State for Industry, Trade and
Mining, on the proposal of the Undersecretariat, but no exporter shall be forced to enter into suchundertakings.
CHAPTER 6 - COLLECTION OF DUTIES
Article 41 - For the purposes of this Chapter, the term "anti-dumping duty or countervailing
duty" shall signify an amount in legal tender equa l to or less than the margin of dumping or the
amount of the subsidy calculated, estimated and applied for the purpose of offsetting the injurious
effects of the calculated dumping or subsidization.
Article 42 - The anti-dumping or countervailing duty, whether provisional or definitive, may
be ad valorem  or specific.  The implementing authority may, for purposes of determining the
appropriate anti-dumping or countervailing duty, establish minimum f.o.b. export values.
Article 43 - The anti-dumping and counterva iling duties and the provisional measures
determined pursuant to the Agreement on Dumping or the Agreement on Subsidies, as the case may
be, and to this Decree, shall be applicable from the date established in the respective decision, withoutprejudice to the retroactivity of the final measures, as provided for in Article 10 of the Agreement on
Dumping and Article 20 of the Agreement on Subsidies.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 14
Article 44 - The amount of the anti-dumping duty shall be established prospectively and shall
not exceed the margin of dumping determined as a result of an investigation.
Article 45 – The amount of the countervailing duty shall be established prospectively and
shall not exceed the amount of the subsidy determined as a result of an investigation.
Article 46 - No product originating in the same country and imported into the Argentine
Republic may be made subject simultaneously to anti-dumping and countervailing duties designed to
remedy the same situation caused by dumping or export subsidies.
Article 47 - The anti-dumping or countervailing duties, as appropriate, shall apply in addition
to all the other existing charges in respect of the imported product concerned, which shall remain in
force under their respective legal regimes.  They sh all also be governed by the rules applicable to
import duties.
Article 48 - The General Customs Directorate under the Federal Public Revenue
Administration of the Ministry of the Economy and Public Works and Services shall, upon
publication in the Official Journal of the decision adopted by the Minister of the Economy and Public
Works and Services, issue the necessary instructions for collection of the corresponding anti-dumping
or countervailing duty, in conformity with th e decision taken in each case by the implementing
authority.
Article 49 - The General Customs Directorate under the Federal Public Revenue
Administration of the Ministry of the Economy and Public Works and Services shall inform the
Undersecretariat and the Commission, on a monthly basis, of the volume and values of imports
subject to anti-dumping and countervailing measures, broken down by origin and the amounts of theduties collected.
Article 50 - The total ad valorem  subsidization of products exported to the Argentine
Republic shall be calculated in accordance with the provisions of Annex IV to the Agreement on
Subsidies.
The benefit of a subsidy to the recipient shall be determined on the basis of the information
needed to show the existence of the fo llowing possible situations, among others:
(a) The benefit derived from government provision of equity capital to firms which do
not rely on investment decisions taken pursuant to the customary practice of private
investors in the country Member;  and
(b) the benefits derived from government loans for which the recipient firm pays an
amount lower than it would pay if it were actually obliged to take out a comparable
commercial loan.
The method of calculation shall be determined, in every case that arises under these terms
upon submission of a request for initiation of an investigation.
Article 51 - Non-actionable subsidies within the meaning of Article 8 of the Agreement on
Subsidies shall be considered to mean all measures notified to the Committee on Subsidies andCountervailing Measures of the World Trade Organization, which have not been the subject of a
negative report concerning compliance with the conditions laid down in the aforementioned Article 8
of the Agreement on Subsidies.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 15
Article 52 - In order to ensure that the appl ication of the anti-dumping duty does not exceed
the actual margin of dumping under the terms of  Article 9.3.2 of the Agreement on Dumping, any
importer may request reimbursement of the amount paid in excess, upon presentation of the
corresponding evidence for that purpose to the Undersecretariat.
The request for reimbursement shall include all documentation on exports to the Argentine
Republic effected from the country of origin or the exporting country and, where appropriate, by the
exporting or producing firms covered by the measure.
Likewise, the Undersecretariat may request any additional documentation it considers
necessary for the purposes of this Article.
The Undersecretariat shall evaluate the request and transmit the relevant report, for
consideration, to the Secretary of State for Industry,  Trade and Mining, indicating the actual margin of
dumping and the methodology to be used by the General Customs Directorate to calculate the refund
of the excess duty paid.
The Minister of the Economy and Public Works and Services, in the event that he approves
the evaluation submitted by the Secretary of State for Industry, Trade and Mining, shall issue the
appropriate decision, instructing the General Customs Directorate to reimburse the excess anti-
dumping duties paid.
Upon confirmation of the legitimacy of the request, the refund shall normally take place
within twelve (12) months, and in no case more th an eighteen (18) months, after the date on which a
request for a refund, duly supported by evidence, has been made by an importer.
Article 53 - In the cases and circumstances provided for in Article 9.5 on the Agreement on
Dumping and Article 19.3 in fine  of the Agreement on Subsidies, any exporter or producer in the
exporting country may request the determination of an individual margin of dumping or the
establishment of an individual countervailing duty, as appropriate, presenting the necessary
information for that purpose to the Undersecretariat.
The Undersecretariat shall report to the Secretary of State for Industry, Trade and Mining
within one hundred and twenty (120) days of receipt of the request.  The Secretary of State for
Industry, Trade and Mining shall submit his findings to the Minister of the Economy and Public
Works and Services within fifteen (15) days of receipt of the report.  The Minister of the Economy
and Public Works and Services shall take a decision within the following twenty (20) days.  The
investigation procedure provided for in this Decree shall apply in this connection.
CHAPTER 7 – DURATION AND REVIEW OF MEASURES AND UNDERTAKINGS
Article 54 - Any definitive anti-dumping or c ountervailing duty shall remain in force only as
long as and to the extent necessary to counteract dumping or subsidization which is causing injury.
However, it may not continue in force longer than five (5) years from the date of its imposition, or
from the date of the most recent review if that review covered all aspects of the dumping or
subsidization and injury.
Article 55 - Any decision imposing a final measure, or any decision approving an
undertaking, may be reviewed provided that one (1) year has elapsed since the establishment of the
final measure, or since the most recent review or the approval of the undertaking, subject to
presentation of the request for review to the Undersecretariat.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 16
The review may cover the need for continued imposition of the duty to offset dumping or
subsidization, or the possibility that the injury would continue or recur if the duty were removed or
varied, or both.  If, as a result of the review carried out, it is determined that the anti-dumping or
countervailing duty is no longer warranted, it shall be made inoperative.
Article 56 - The overall review shall deal with both dumping or subsidization and injury, and
the relevant request must be presented to the Undersecretariat.
Article 57 - Changed-circumstance reviews and overall reviews may be carried out ex officio,
for which purpose the Secretary of State for Industry, Trade and Mining shall request the
Undersecretariat or the Commission, or both, to take a decision, within the sphere of their respectivefields of competence, with regard to the continuation, variation or removal of the measure.
Article 58 - Reviews shall be carried out expeditiously and shall be concluded within a period
of nine (9) months from the date of their initia tion.  The review procedure to be followed shall
guarantee participation and contribution of evidence by the interested parties.
The time-limit provided for in the precedin g paragraph may be extended to a maximum of
eighteen (18) months, when the complexity of the case so requires.
The provisions of this Decree regarding the investigation procedure shall apply, where
appropriate, to the review procedure.
Article 59 - In exceptional cases of substantially changed circumstances, or when the
implementing authority determines that it is in its interest to do so, it may carry out reviews at
intervals shorter than those prescribed, on its own initiative or at the request of the interested party.
Article 60 - The Commission shall submit its report on injury and the Undersecretariat shall
submit its findings on dumping or subsidization, with a copy to the Commission.
The Commission, using the reports referred to in the preceding paragraphs, shall draw up the
causal link report within a maximum of ten (10) days and shall submit it to the Secretary of State for
Industry, Trade and Mining, with a copy to the Undersecretariat.
The Undersecretariat for Foreign Trade, upon receipt of the causal link report and within a
period of ten (10) days, shall submit to the Secretary of State for Industry, Trade and Mining its
recommendation on the final measure to be adopted, within an assessment of the other circumstances
pertaining to general foreign trade policy and the public interest.
The Secretary of State for Industry, Trade and Mining, within fifteen (15) days of receipt of
the reports, shall submit its opinion to the Minister of the Economy and Public Works and Services
for the latter to adopt any measure he considers timely and appropriate.
The Minister of the Economy and Public Works and Services shall take a decision on the
subject with due regard for the time-limit prescribed in Article 58 of this Decree.
The Undersecretariat and the Commission shall have one hundred and eighty (180) days,
from receipt of the request for review duly presented by an interested party, or of the request made bythe Secretary of State for Industry, Trade and Mining, to prepare and submit the reports referred to in
the first paragraph of this Article.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 17
When reasons of technical complexity justify a more thorough analysis, or in the case of
overall reviews, the time-limit provided for in the preceding paragraph may be extended to a
maximum of two hundred and forty (240) days.
CHAPTER 8 – APPEALS
Article 61 - The interested parties may challenge by judicial process any decision subject to
administrative appeal when the administrative appeal  process has been exhausted, as provided in the
following Article.
In the event that a judicial appeal is lodged by an interested party, and at the request of the
judge dealing with the case, the implementing authority so requested shall provide a certified copy of
the respective records.
Article 62 – Appeals may be lodged against measures imposing or refusing the application of
provisional or definitive anti-dumping or counterva iling duties, and against decisions which suspend,
refuse, revoke or terminate investigations.  Other decisions adopted during the investigation shall not
be subject to appeal.
CHAPTER 9 - SMALL- AND MEDIUM-SIZED ENTERPRISES (SMEs)
Article 63 - The Undersecretariat shall provide a specialized information service for SMEs.
Article 64 - The basic functions of the specialized information service for SMEs shall be:(a) To cooperate in the search for information required for determination of the formal
criteria provided for by law for the initiation of an investigation;  and
(b) to facilitate SME access to such data on the domestic market of the country of origin
or the exporting country as are required for the determination of normal value by the
economic and commercial sections of the Ministry of Foreign Affairs, International
Trade and Worship.
Article 65 - For the purposes of this Chapter, SMEs shall be considered to be those companies
covered by the provisions of Decision No. 401 of  the former Ministry of the Economy, dated
23 November 1989, and amendments thereto, Decisions Nos. 208 and 52 of the Ministry of the
Economy and Public Works and Services, dated 24 February 1993 and 13 January 1994 respectively,
or those by which they will be replaced in the future.
CHAPTER 10 - GENERAL
Article 66 - In the case of imports from a country whose trade is subject to a full or almost
full monopoly, or where domestic prices are set by the State, or any other similar situation, the normal
value shall be determined by reference to any of the following criteria:
(a) The value calculated for a market-economy third country;
(b) the export price from such third country to other countries, including the Argentine
Republic;
(c) any other reasonable basis, including the price actually paid or payable in the
Argentine Republic for the like product, duly adjusted if necessary to include a
reasonable profit margin.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 18
For the purpose of selecting an appropriate market-economy third country, due account shall
be taken of any reliable information available at the time of selection.  Account shall also be taken of
time-limits and, where appropriate, a market-economy third country which is subject to the same
investigation shall be used.
Shortly after the initiation of the investigation, the interested parties shall be informed of the
market-economy third country selected.
Article 67 - A measure in force shall be considered to be circumvented when:(a) Parts and/or components of the investigated product, assembled to produce a like
product, are exported to Argentina;  or
(b) a like product, produced by the assembly of parts and/or components of the
investigated product, or by some other operation effected in a third country, is
exported to Argentina;  or
(c) any other practice occurs which tends to undermine the remedial effects of the
measure applied, reflecting in all cases a change in the characteristics of trade
between third countries and Argentina as a result of a practice, process or activity for
which there is no adequate cause or economic justification other than the impositionof the duty.
Article 68 - Anti-circumvention action shall be based on the main elements of information put
together in the investigation concerning the measure being circumvented, establishing for that purpose
a separate procedure in which the interested parties will be allowed to intervene.
Article 69 - The investigation of circumvention practices may be carried out ex officio or at
the request of a party through the Undersecretariat, with intervention by the Commission and, where
appropriate, by other competent agencies.
Requests by parties shall contain reasonable evidence of the alleged circumvention practice,
without prejudice to any other information which the implementing authority might request at theappropriate time.
Article 70 - Once the separate file has been established, the Undersecretariat shall submit a
copy to the Commission so that the latter, within its field of competence, may give its opinion within
sixty (60) days.
Article 71 - The Undersecretariat, on the basis of the Commission's report and other relevant
steps taken, shall issue its recommendation to the Secretary of State for Industry, Trade and Mining,
within forty (40) days from receipt of the Commissi on's report, for his information and consideration.
Article 72 - The Minister of the Economy and Public Works and Services shall decide in such
cases whether it is necessary to extend the scope of the anti-dumping or countervailing duties to
imports of like products or parts thereof from the same point of origin investigated or third points of
origin, as the case may be.
Article 73 - In particularly complex circumvention cases, the prescribed time-limits may be
extended with the agreement of the Secretary of State for Industry, Trade and Mining.
Article 74 - The existing rules of discovery and evidence in respect of investigations shall
apply to circumvention proceedings.G/ADP/N/1/ARG/1/Suppl.2
G/SCM/N/1/ARG/1/Suppl.2
Page 19
TITLE III
Article 75 - The applicant, or his agent or qualified representative, may at any point in the
proceedings inspect the file, except for those papers, reports or opinions which have been declared to
be of a confidential nature by the competent authority.
The other interested parties, or their agents or  representatives, may inspect the file after the
initiation of the investigation, subject to the exception referred to in the preceding paragraph in
respect of confidential information.
Article 76 - In cases where specific provision has been made for publication in the Official
Journal, such publication shall constitute sufficient notice for all purposes.  Other notifications shallbe considered to be accomplished by any of the following means:
(a) Direct access to the file by the interested party, his agent or legal representative,
expressly placed on record, upon proof of the identity of the notified party;
(b) certified, duplicated or registered telegram, with notice of delivery;
(c) official letter treated as express registered mail, with notice of receipt;(d) documentary letter.Article 77 - The interested parties, or their agents or representatives, may take copies of the
file, at their own cost, after the initiation of the investigation and on written request, subject to the
exception referred to in Article 24 of this Decree in respect of confidential information.
Article 78 - The time-limits under this Decree shall be understood to be working days, unless
expressly provided otherwise.
Article 79 - This Decree shall enter into force in fifteen (15) days after its publication in the
Official Journal and shall be applicable to investigations and reviews of existing measures initiated as
a result of applications submitted after the date of its entry into force.
Article 80 - The Undersecretariat shall be re sponsible for directing the investigation
procedure concerning the application of anti-dumping or countervailing duties, without prejudice to
the investigative powers entrusted to the Commission by this Decree and Decree 766/94.
The procedure for the application of anti-dumping and countervailing duties provided for in
this Decree shall also be governed by the National Law on Administrative Procedures, No. 19,549,
and the Regulations on Administrative Procedures – Decree No. 1759/72 T.O. 1991.
Article 8l - This Decree shall be proclaimed, published, transmitted to the National
Directorate of Official Records and filed.  MENEM. – Jorge A. Rodríguez. – Guido Di Tella. –Roque B. Fernández.
__________