G/ADP/N/1/PER/2/Suppl.2  
G/SCM/N/1/PER/2/Suppl.2   
18 January  2021 
(21-0525) Page: 1/5 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: Spanish  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
PERU 
Supplement  
The following communication, dated 13 January  2021, is being circulated at the request of the 
delegation of Peru. 
 
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The Permanent Mission of Peru to the International Organizations at Geneva presents its 
compliments to the Secretariat of the World Trade Organization (Rules Division) and ref ers to its 
notification obligations pursuant to Article  18.5 of the Anti -Dumping Agreement (Agreement on 
Implementation of Article  VI of the General Agreement on Tariffs and Trade 1994) and Article  32.6 
of the Agreement on Subsidies and Countervailing Meas ures. 
In this regard, t he Permanent Mission is pleased to submit Law No.  31089 "Law combatting the 
circumvention  of anti -dumping and co untervailing measures", issued by the Congress of the Republic 
of Peru  on 11  December  2020. 
The text of the aforementioned Law is available at:  
https://elperuano.pe/NormasElperuano/2020/12/12/1911378 -1/1911378 -1.htm  
  G/ADP/N/1/PER/2/Suppl.2 • G/SCM/N/1/PER/2/Suppl.2  
 
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  Law combatting the circumvention of anti-dumping and co untervailing measures  
LAW NO. 31089  
PRESIDENT A. I. OF THE CONGRESS OF THE REPUBLIC  
WHEREAS : 
THE CONGRESS OF THE REPUBLIC ; 
Has enacted the following Law : 
LAW COMBATTING THE CIRCUMVENTION OF ANTI -DUMPING AND  
COUNTERVAILING MEASURES  
Article 1. Purpose of the Law  
The purpose of this Law is to combat circumvention, in order to  effectively counteract the distortions 
caused by this unfair practice, and ensure greater balance in the process to integrate Peru into world 
trade.  
Article 2. Defini tion of circumvention  
Circumvention is any circumstance that i mplies  a change in the pattern of imports, with the purpose 
of evading or avoiding the payment of anti -dumping or countervailing duties imposed to correct 
distortions in the market  that cause  injury to the domestic  industry . 
Article 3. Competency  
The Commission on Dumping, Subsidies and the Elimination of Non -Tariff Trade Barriers of the 
National Institute for the Defence of Competition  and Protection of Intellectual Property (INDEC OPI), 
hereinafter the Commis sion, is empowered to extend the scope of anti -dumping and countervailing 
duties on imports of a product that is similar to the product under investigation, whether it is from 
a third country or a customs territory,  or on parts of that product,  where the circum vention of 
definitive duties  has been found to exist . 
Article 4. Indicative list of circumvention practices and the determination  thereof  
The main forms of circumvention are:  
(a) The importation of parts or components from the customs territory or country of origin of the 
final product subject to definitive anti -dumping or countervailing duties, with the aim of assembling 
or finishing the product in Peru.  
(b) The importation of a product assembled or finished in a third country or customs territory with 
parts or components originating in a third country or customs territory subject to definitive anti -
dumping or cou ntervailing duties.  
(c) The importation of a pr oduct subject to duties with minor modifications or alterations that do not 
imply a change in the essential character  of the product.  
(d) The reor ganization of sales channels to allow for a product subject to duties to be imported by 
producers or exporters  benefiting from a lower individual duty rate or to whom duties have not been 
applied.  G/ADP/N/1/PER/2/Suppl.2 • G/SCM/N/1/PER/2/Suppl.2  
 
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  (e) The importation of a product subject to duties  which has not demonstrated compliance  with the 
relevant regulations , and which originates in a  country or customs terr itory other than the country 
or customs territory of the imports subject to duties.  
(f) Any other conduct the purpose  of which is to  avoid payment of an anti -dumping or countervailing 
duty. 
To determine the practice described in subparagraph (f) , the following must be verified:  (i) there is 
a change in the pattern of trade between a third country or customs territory and Peru, or between 
the country or customs territory subject to measures and Peru, or between individual enterprises in 
the country  or customs territory subject to measures and Peru ; (ii) there is no economic justification 
for the change other than the imposition of the duty; and (iii) the circumvention has a negative 
impact  on the remedial effects of the duties in terms of the prices  and quantities of the imported 
product subject to measures . 
Article 5. Requirements for requests to initiat e a circumvention review  
Requests to initiate a circumvention review must contain the following:  
(a) A detailed description and supporting evidence of the form of circumvention in accordance with 
the information as is reasonably available to the applicant . 
(b) Information on the circumvented product and the existence of changes in trade flows between a 
third country or customs territory and Peru, or between the country or customs territory subject to 
measures and Peru, or between individual enterprises in the country or customs te rritory subject to 
measures and Peru.  
(c) Evidence that the practice reported has negative repercussions on the remedial effects of the 
duties in terms of the prices and quantities of the imported product subject to measures.  
(d) Evidence , in the case of a lleged circumvention of anti -dumping duties , that the product is 
exported to Peru at prices lower than the normal value established in the original investigation or 
the previous review of the duties circumvented.  
Article 6. Initiation of the circumvention review procedure  
The procedure for the investigation of alleged circumvention  shall be  initiated ex officio or at the 
request of the interested party . In all cases , the Commission  shall initiate the procedure, by means 
of a reasoned decision, whe re it has sufficient evidence of the alleged circumvention.  
Article 7. Resolution  initiating the review procedure  
The resolution  initiating the review procedure shall be : 
(a) published in the Official Journal El Peruano  once; and  
(b) notified to: importers and exporters of the products under investigation identified by the 
Commission through public information sources; local producers allegedly affected by such imports; 
and the Government of the exporting country . 
Before or during the investigation , the Commission may request the National Supervisory Authority 
for Customs and Tax Administration (SUNAT) to provide information on the volume, value and origin 
of the imported products that are allegedly circumventing the existing duties . 
Article 8. Time  frames for the circumvention review procedure  
The following time frames shall apply for the circumvention review procedure:  G/ADP/N/1/PER/2/Suppl.2 • G/SCM/N/1/PER/2/Suppl.2  
 
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  (a) The evidentiary period of the procedure shall last six (6) months calculated from the publication 
of the resolution  initiating the  procedure, which may be extended by three (3) additional months.  
During the evidentiary period, the Commission may convene a hearing, upon the request of the 
interested party.  
(b) Within thirty (30) calendar days after the conclusion of the  evidentiary period, the Commission 
shall issue the document of Essential Facts, forming the basis for its final resolution, which shall be 
notified to the parties participating in the proceedings within five (5) working days. The parties may 
submit their comments on the Essential Facts within a period of no more than fifteen (15) calendar 
days calculated from the day following their notification.  
(c) Following expiry of the period for receipt of comments on the Essential Facts, the Commission 
shall adopt a final resolution within a period of t wenty -five (25) working days.  
(d) The procedure shall be concluded within a m aximum of twelve (12) months calculated from the 
publication in the Official Journal El Peruano of the resolution initiating the procedure.  
(e) Where the Commission determines the existence of circumvention and extends the application 
of the relevant duties, this resolution  shall take effect as from the date on which guarantees were 
requested.  
Article 9. Guarantees  
During the procedure, and no earlier than sixty (60) days following the date of the initi ation, the 
Commission may, by means of a reasoned decis ion, authorize  the customs authorities, for the 
duration of the procedure, to require importers of the product under review , in order for them to 
withdraw their goods, to provide a bank guarantee letter as security for the payment of the 
anti-dumping or countervailing duties  established by  the procedure.  Where the Commission does 
not determine the existence of circumvention, i t shall order the release of the guarantees provided 
by importers.  
Article 10. Appeals  
An appeal may only be lodged against the final resolution issued by the Commission within fifteen  
(15) working days calculated from the notification or publication of th e final resolution, where 
applicable . 
If an appeal is lodged , the Commission shall refer the case to the Chamber for the Defence of 
Competition of the Tribunal  of the National Institute for the Defence of Competition and the 
Protection of Intellectual Property (INDECOPI) within a m aximum of ten (10) working days. The 
Chamber of the Tribunal  shall resolve the appeal within a m aximum of four (4) months.  
Article 11. Residual rule  
The circumvention review procedure established in this Law is governed, where ap plicable, by the 
provisions established in Articles  21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 
38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48,  49, 50, 51, 52, 53, 54, 55, 56 and 57 of Supreme Decree 
No. 006-2003-PCM, which regulates the rules provided for in the Agreement on Implementation of 
Article VI of the General Agreement on Tariffs and Trade 1994 , the Agreement on Subsidies and 
Countervailing Measures and the Agreement on Agriculture.  G/ADP/N/1/PER/2/Suppl.2 • G/SCM/N/1/PER/2/Suppl.2  
 
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  FINAL SUPPLEMENTARY PROVISIO N 
SOLE PROVISION. Regulatory adaptation  
The Executive Branch is responsible for adapting the regulatory provisions that conflict with this 
Law.  
THEREFORE : 
The Law having been reconsidered by the Congress of the Republic, with an emphasis placed on the 
approved text at the ses sion of the Permanent Commission held on  26 June 2018, in accordance 
with Article  108 of the Political Constitution of Peru, I order that it be published and enforced.  
In Lima,  on 11 December 2020.  
MIRTHA ESTHER VÁSQUEZ CHUQUILIN  
President a.i. of the Congress of the Republic  
LUIS ANDRÉS ROEL AL VA 
Second Vice -President of the Congress of the Republic   
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