./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/ARG/4
G/SCM/Q1/ARG/4
13 April 1999
(99-1480)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions Posed by UNITED STATES
Regarding the Notification of ARGENTINA1
The following communication, dated 8 April 1999, has been received from the Permanent
Mission of the United States.
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1. On 12 June 1995, Argentina notified the Committees on Anti-dumping Practices and
Subsidies and Countervailing Measures of Decree No. 106/95 Issuing the Regulations of LawNo. 24,176 (G/ADP/N/1/ARG /1-G/SCM/N/1/ARG/1, pages 23-43) .  Decree No. 106/95 contained
several provisions governing the conduct of antidumping and countervailing duty investigations in
Argentina. Decree No. 1326/98 (‘the 1998 Decree”), the subject of Argentina’s current
notification(G/ADP/N/1/ARG/1/Supp.2-G/SC M/N/1/ARG/1/ Supp.2), does not refer to
Decree 106/95.
(a) Please explain the relationship of Decr ee No. 1326/98 with Decree No. 106/95.  Does
the Decree No. 1326/98 amend or supersede Decree No. 106/95 in any fashion?
(b) Are the provisions in Title I, Chapter III  of the Decree No. 106/95 concerning injury
and causality still effective?
2. Article 3 of the 1998 Decree states that the application shall be submitted in accordance with
“guidelines, requirements and formalities to be established for that purpose by the Undersecretariat
and the Commission …”
(a) When do the Undersecretariat and the Commission plan to establish these guidelines,
requirements, and formalities?
(b) How will these guidelines be made known to interested parties that appear before the
Undersecretariat and the Commission?
(c) What will the legal effect of these guidelines be?  What is their relationship to the
1998 Decree and any other provisions of Argentine law?
(d) What provisions currently govern applications for the initiation of dumping and
subsidy investigations pending final establishment of the guidelines?
                                                     
1 G/ADP/N/1/ARG/1/Suppl.2-G/SCM/N/1/ARG/1/Suppl.2G/ADP/Q1/ARG/4
G/SCM/Q1/ARG/4
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(e) The 1998 Decree itself does not contain any specific provisions governing the content
of applications.  How does Argentine law currently comply with requirements of
Article 5.2 of the AD Agreement and Article 11.2 of the SCM Agreement concerningthe specific information that must be included in such applications?
3. Although the 1998 Decree refers to the domestic industry, it does not define that term.
(a) How does the Argentine law conform with the requirements of Article 4.1 of the AD
Agreement and Article 16.1 of the SCM Agr eement concerning the definitions of the
domestic industry?
(b) Does the Argentine law contemplate a finding for regional industries as permitted by
Article 4.2 of the AD Agreement and Article 16.3 of the SCM Agreement ?
4. Article 8 of the Argentine law states that the Commission shall examine the accuracy and
adequacy of evidence with respect to “damage caused by the imports.”  Does Argentina intend the
term “damage caused by the imports” to be consistent with the definition of material injury contained
in Article 3, No.9 of the AD Agreement and Article 15, No.45 of the SCM Agreement?
5. The term, “interested parties,” in Article 15 of the 1998 Decree appears to limit that term to
producers, exporters and importers.  How does Argentina define the term “interested parties”?
6. What type of tribunal will hear the appeals of decisions involving antidumping and
countervailing duty decisions? What type of procedural mechanisms are in place for an appeal?
7. Please describe whether and how the appellate tribunal(s) are independent from the
authorities responsible for the antidumping or countervailing duty determination or review that is
subject to appeal as required by Article 13 of the AD Agreement and Article 23 of the SCM
Agreement.
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