RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/SLV/3
G/SCM/Q1/SLV/3
25 April 2002
(02-2370)
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 by El Salvador1 to Questions Posed by
Canada and the United States2
The following communication, dated 11 April 2002, has been received from the Permanent
Mission of El Salvador.
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QUESTIONS SUBMITTED BY CANADA CONCERNING
THE NOTIFICATION BY EL SALVADOR
1. Are the terms "de minimis" and "negligibl e" used in Article 17 of the Regulations
defined precisely in El Salvador's law or regulations?
Reply
The Agreements resulting from the Uruguay Round, including the Antidumping Agreement,
were ratified by the Republic of El Salvador  and became effective on 7 May 1995.  Under the
Constitution of the Republic, international treaties concluded with other States or international
organizations acquire the force of law in the Republic when they take effect and it is in that sense thatthe Anti-Dumping Agreement constitutes legislation in force in the national territory.
For their part, the Central American Regulations on Unfair Business Practices are aimed at
implementing the provisions laid down in the Anti-Dumping Agreement and the Agreement on
Subsidies and Countervailing Measures, which are among the WTO agreements.
The terms "de minimis" and "negligible" are defined under the WTO Anti-Dumping
Agreement which, as stated above, constitutes national legislation in force in El Salvador.
                                                     
1 G/ADP/N/SLV/2-G/SCM/N/1/SLV/2
2 G/ADP/Q1/SLV/1-G/SCM/Q1/SLV/1; G/ADP/Q1/SLV/2-G/SCM/Q1/SLV/2G/ADP/Q1/SLV/3
G/SCM/Q1/SLV/3
Page 2
2. Following the making of a preliminary determination in Article 13 and a final
determination in Article 18, can El Salvador co nfirm that notification in accordance with
Article 12 of the AD Agreement will be provided?
Reply
Because the above-mentioned Agreement constitutes national law in force in El Salvador, it is
mandatory for the National Authority to provide the notifications and comply fully, automatically and
directly with the other requirements referred to in Article 12 of the Anti-Dumping Agreement.G/ADP/Q1/SLV/3
G/SCM/Q1/SLV/3
Page 3
QUESTIONS SUBMITTED BY THE UNITED STATES CONCERNING THE
NOTIFICATION BY EL SALVADOR
1. Are the Central American Regulations on Unfair Practices the sole legal authority by
which El Salvador can impose anti-dumping or countervailing duties?
Reply
The only legislation applicable in El Salvador  in this regard comprises the WTO Agreements
(Anti-Dumping – Agreement on Subs idies and Countervailing Measures), which are laws that have
been in force in the Republic since 7 May 1995.  The foregoing is confirmed under the Constitution,
which provides that international treaties become law in El Salvador once they enter into force.
In the framework of regional economic integration, El Salvador signed the Central American
Regulations on Unfair Business Practices, which took effect on 12 January 1996.  It was thereforethese Regulations that were used to implement the provisions of the WTO agreements on dumping
and subsidies.
2. Did Resolution 12/25 (COMRIEDRE II), dated 12 December 1995 accomplish more
than the approval by El Salvador of the Central American Regulations on Unfair BusinessPractices?
Reply
Resolution No. 12-95 issued by the Council of Ministers of Economic Integration and
Regional Development (COMRIEDRE) approved the Central American Regulations on Unfair
Business Practices, which has now been adopted by all its signatory countries.
3. Article 4 of the Central American Regulations on Unfair Business Practices essentially
provides that the substantive provisions of the WTO Agreements on (1) antidumping and (2)
subsidies and countervailing measures are now applied with force of law in El Salvador,
however, these regulations also appear in sev eral instances to incorporate the WTO Agreement
by reference.  El Salvador's regulations also incorporate provisions of the Guatemala Protocol
and the Central American Customs and Tariffs Regime.  There does not, however, appear to be
a hierarchy or a procedure for resolving confli cts between the various legal regimes.  What is
the legal status of the WTO Anti-Dumping Agree ment in the El Salvador legal system?  How
could any conflicts between the AD agreement, regulations, Guatemala Protocol and CentralAmerican Customs and Tariffs Regime be addressed?
Reply
The WTO Agreements have constituted national law in force in El Salvador since
7 May 1995 pursuant to the Constitution, which prescribes that international treaties concluded with
other States or with international organizations acquire the force of law in the Republic once they take
effect.  This ensures their full, automatic and direct implementation.
It is also worthy of note that the WTO Anti-Dumping Agreement and the Agreement on
Subsidies, being national law in El Salvador and as explained in the preceeding paragraph, are the
sole instruments regulating these matters, having been subsequently implemented by the Central
American Regulations on Unfair Business Practices.G/ADP/Q1/SLV/3
G/SCM/Q1/SLV/3
Page 4
It should be clearly understood that the purpose of the reference in the Central American
Regulations on Unfair Business Practices to the Guatemala Protocol and the Central American
Customs and Tariffs Regime is to provide a framework for the powers of COMRIEDRE as the
authority competent to adopt such regulations in regional economic integration.  The GuatemalaProtocol as well as the Central American Customs and Tariffs Regime therefore do not go as far as
implementing specific provisions concerning unfair business practices, which ensures the absence of
any conflicts whatsoever between the aforementioned instruments.
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