G/ADP/N/1/BOL/3  
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12 February  2020 
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Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  Spanish  
 
  
NOTIFICATION OF LAWS  AND REGULATIONS UND ER 
ARTICLES 18.5,  32.6 AND 12.6  
OF THE AGREEMENTS  
PLURINATIONAL STATE OF BOLIVIA  
The following communication, dated 10 February 2020, has been received from the delegation  of 
the Plurinational State of Bolivia.  
 
_______________  
 
 
SUPREME DECREE NO. 4069  
EVO MORALES AYMA  
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA  
WHE REAS:  
Article 298. I.4 and 298.I. 5 of the Political Constitution of the State determine that  central 
Government has exclusive competence for customs procedure and foreign trade.  
Article 54. II of the Constitution  establishes that the protection and safeguarding of industry and 
state services is the duty of the State  and of society.  
Law No. 1637 of 5 July 1995 approved and ratified the Final Act of the Uruguay Round establishing 
the World  Trade Organization (WTO) an d incorporated  the results of the multilateral trade 
negotiations under the General Agreement on Tariffs and Trade (GATT).  
The Plurinational State of Bolivia signed the Cartagena Agreement in 1969 and  is a full member of 
the Andean Community  and is therefo re subject to Andean legal regulations.  
The Plurinational State of Bolivia signed trade agreements establishing specific conditions for the 
implementation of anti -dumping, countervailing and safeguard measures.  
It is necessary to preserve the domestic production base by implementing  international trade 
remedies through anti -dumping, countervailing and safeguard measures.  
IN THE COUNCIL OF MINISTERS,  
HEREBY DECREES:  
ARTICLE 1. - (PURPOSE). The purpose of this Supre me Decree is to establish an institutional 
framework for the implementation of international trade remedies pursuant to Articles VI and XIX of 
the GATT  1947, the WTO Agreement on Safeguards, the WTO Agreement on Subsidies and 
Countervailing Measures, the W TO Agreement on Implementation of Article VI of the G ATT 1994, 
the Cartagena Agreement, the Andean Decisions and concluded and yet -to-be concluded trade 
agreements.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  ARTICLE 2. - (INVESTIGATING AUTHORITY ). Through the Vice -Ministry of Tax Policy, the 
Ministry of the Economy and Public Finance shall be the Investigating Authority responsible for the 
investigation envisaged for the implementation of anti -dumping, countervailing and safeguard 
measures.  
ARTICLE  3.- (OBLIGATION TO PROVIDE INFOR MATION).  The various public administration 
departments and interested parties in the implementation of trade remedies shall provide 
information when required by the Investigating Authority and within the time -frames established by 
the regulation s. In addit ion, information received pursuant to th ese regulation s may be used only 
for the purpose for which it was requested.  
ARTICLE 4. - (COMMITTEE ON THE EVALUATION OF TRADE PRACTICES).  
I. The Committee on the Evaluation of Trade Practices is established as a bod y responsible for 
assessing and deciding on the appropriateness of implementing anti -dumping, countervailing 
and safeguard measures, their form and scope.  
II. The Committee shall comprise the Ministries of Development Planning, the Economy and Public 
Finan ce, Production Development and the Plural Economy, Foreign Affairs and Rural 
Development and Lands, through their Higher Executive Authority or duly accredited 
representative.  
III. The Committee shall be chaired by the Ministry of the Economy and Public Fi nance and shall 
be responsible for convening meetings.  
IV. The Committee shall prepare and approve internal regulations for its functioning.  
ADDITIONAL PROVISIONS  
SINGLE ADDITIONAL PROVISION. - 
I. Subparagraph (aa), comprising the following text, is incorpo rated into Article 52 of Supreme 
Decree No. 29894  of 7 February 2009 (Organization of the Executive Branch):  
"(aa) Exercise the powers of a trade remed y Investigating Authority for the implementation 
of anti -dumping, countervailing and safeguard measures."  
II. Subparagraphs (n) and (ñ), comprising the following text, are incorporated into Article 54 of 
Supreme Decree No. 29894 of 7 February 2009 (Organiz ation of the Executive Branch):  
"(n) Fulfil the function of Investigating Authority on behalf of the Ministry of the Economy 
and Public Finance.  
(ñ) Propose and implement trade remedy policies and regulations for the implementation 
of anti -dumping, counter vailing and safeguard measures."  
TRANSITIONAL PROVISIONS  
SINGLE TRANSITIONAL PROVISION. - Within a period of 20  working days from the publication 
of this Supreme Decree, the Ministry of the Economy and Public Finance shall prepare the Ministerial 
Resolution  to implement trade remedies for the implementation of anti -dumping, countervailing and 
safeguard measures.  
FINAL PROVISIONS  
SINGLE FINAL PROVISION. - The implementation of this Supreme Decree shall not result in 
additional resources for the General Treasury of the Nation.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  REPEALING AND DISABLING  PROVISIONS  
REPEALING PROVISIONS. - Supreme Decree No.  28524 of 10 December 2005 and Supreme 
Decree No.  23308  of 22 October 1992 ar e repealed.  
DISABLING PROVISIONS. - Article 68.l of Supreme Decree No. 29894  of 7 February 2009, 
Organization of the Executiv e Branch, is repealed.  
The Ministers of State for Development Planning; the Economy and Public Finance; Production 
Development and the Plural Economy; Foreign Affairs; Rural Development and Lands shall be 
responsible for implementing and enforcing this Sup reme Decree.  
Done at the Casa Grande del Pueblo  in the city of La Paz, on the thirtieth  day of the month of 
October, two  thousand and nineteen.  
EVO MORALES AYMA , Diego Pary Rodríguez, Juan Ramón Quintana Taborga , Carlos Gustavo 
Romero Bonifaz, Javier Eduardo Zavaleta López, Mariana Prado Noya, Luis Alberto Arce Catacora, 
Luis Alberto Sánchez Fernández, Rafael Alarcón Orihuela, Nélida Sifuentes Cueto, Oscar Coca 
Antezana, Félix Cesar Navarro Miranda, Héctor Enriqu e Arce Zaconeta, Milton Gómez Mamani, 
Lilly Gabriela Montaño Viaña, Carlos Rene Ortuño Yañez, Roberto Iván Aguilar Gómez, Cesar Hugo 
Cocarico Yana, Wilma Alanoca Mamani, José Manuel Canelas Jaime, Tito Rolando Montaño Rivera.  
  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  MINISTERIAL RESOLUTION NO. 1 652 
26 November 2019  
WHEREAS:  
Article 298. I.4 and 298.I. 5 of the Political Constitution of the State determine that central 
government has exclusive competence for customs procedure and foreign trade.  
Article 54 of the Political Constitution of the State establishes that the protection and safeguarding 
of industry and state services is the duty of the State and of society.  
Law No. 1637 of 5 July 1995 approved and ratified the Final Act of the Uruguay Round establishing 
the World Trade Organization (WTO) and  incorporated  the results of the multilateral trade 
negotiations under the General Agreement on Tariffs and Trade (GATT).  
The Plurinational State of Bolivia signed the Cartagena Agreement in 1969 and is a full member of 
the Andean Community and is therefor e subject to Andean legal regulations . 
The Plurinational State of Bolivia signed trade agreements establishing specific conditions for the 
implementation of anti -dumping, countervailing and safeguard measures.  
The purpose of Supreme Decree No. 4069 of 30 O ctober 2019 is to establish an institutional 
framework for the implementation of international trade remedies pursuant to Articles VI and XIX of 
the GATT  1947, the WTO Agreement on Safeguards, the WTO Agreement on Subsidies and 
Countervailing Measures, the WTO Agreement on Implementation of Article VI of the GATT 1994 , 
the Cartagena Agreement, the Andean Decisions and concluded and yet -to-be concluded trade 
agreements.  
The single additional provision of  Supreme Decree No. 4069 of 30 October 2019 incorporates the 
responsibility of the Ministry of the Economy and Public Finance to exercise the powers of trade 
remedy Investigating Authority.  
This additional provision also establishes that the Vice -Ministry of Tax Policy shall fulfil the function 
of Investigating Authority on behalf of the Ministry of the Economy and Public Finance.  
The single transitional provision of the aforementioned Supreme Decree establishes that, within a 
period of 20 working days from  its publication, the Ministry of the Economy and Public Finance shall 
prepare the Ministerial Resolution to implement trade remedies for the implementation of 
anti-dumping, countervailing and safeguard measures.  
It is necessary to comply with these provis ions in order to preserve the domestic production base 
by applying international trade remedies through anti -dumping, countervailing and safeguard 
measures.  
THEREFORE:  
The Ministry of the Economy and Public Finance, with the powers and responsibilities con ferred by 
Law. 
HEREBY RESOLVES:  
SINGLE ARTICLE. - To approve the regulations  for the implementation of trade remedies , which, in 
Annexes I and II, are an integral part of this Resolution.  
For registration, communication and implementation.  
 G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  ANNEX I  
RULES GOVERNING THE IMPLEMENTATION OF  
ANTI -DUMPING AND COUNTERVAILING MEASURES  
CHAPTER I  
GENERAL PROVISIONS  
Article  1. (SCOPE OF APPLICATION). This Annex establishes the provisions contained in the 
WTO Agreement on Implementation of Article VI of the GATT 1994, the WTO Agreement on Subsidies 
and Countervailing Measures, and Articles 93 and 94 of the Cartagena Agreement, the Andean 
Decisions and the Agreements signed by the Plurinational State of Bolivia. It will also determine the 
conditions for the applica tion of anti -dumping duties and countervailing duties on imports in order 
to counter and remedy distortions to international trade.  
These rules shall be applied in accordance with the provisions of the relevant WTO Agreements. For 
matters not covered by th ese rules, WTO and Andean Community regulations shall apply where 
appropriate, taking precedence over domestic legislation.  
Article  2. (DEFINITIONS). For the purposes of this Annex, the following definitions apply:  
Investigating Authority. - The Vice -Minist ry of Tax Policy, under the Ministry of the Economy and 
Public Finance, shall be the Investigating Authority responsible for the investigation provided for 
under the procedure for the implementation of anti -dumping measures and countervailing duties 
pursua nt to these r egulations . 
Committee on the Evaluation of Trade Practices. - The Committee shall comprise the Ministries 
of Development Planning, the Economy and Public Finance, Production Development and the Plural 
Economy, Foreign Affairs and Rural Developm ent and Lands, through their Higher Executive 
Authority or duly accredited representative.  
Injury. - Unless otherwise specified, material injury to a domestic industry, threat of material injury 
to a domestic industry or material retardation of such an indu stry. 
Centrally  planned economies. - Economies in which the majority of enterprises are wholly or partly 
owned by the State and in which the operating criteria, including prices, production, investment 
programmes and levels of employment, are under the dire ct control of the Government.  
Date of sale. - The date of the contract, purchase order, order confirmation or invoice, whichever 
establishes the material terms of sale.  
Best information available. - Known facts on the basis of which preliminary or final dete rminations, 
affirmative or negative, may be made in cases in which an interested party refuses access to, or 
otherwise does not provide, necessary information within a reasonable period or significantly 
impedes the investigation.  
Ordinary course of trade. - Transactions reflecting market conditions in the country of origin 
carried out habitually or within a representative period between independent buyers and sellers. 
Sales at prices below per unit (fixed and variable) costs of production shall not be deemed  to be 
transactions in the ordinary course of trade.  
Interested parties. - Interested parties shall include:  
(a) Domestic producers of the like product and their representative trade associations;  
(b) Bolivian importers who imported the product under invest igation during the dumping or 
subsidy investigation period and their representative trade associations;  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  (c) Foreign producers or exporters who exported the product under investigation to the 
Plurinational State of Bolivia during the dumping or subsidy inve stigation period and 
their representative trade associations;  
(d) The government of the country of origin or exporting country of the product under 
investigation; and  
(e) Other domestic and foreign parties affected by the investigation, at the discretion of the 
Investigating Authority.  
Export price. - The price actually paid or payable for the product under consideration sold for export 
to the Plurinational State of Bolivia.  
Like product. - A product which is identical, i.e. alike in all respects to the imported product or 
another product which, althoug h not alike in all respects, has characteristics closely resembling those 
of the product imported.  
Product under consideration. - The imported product that is the subject of the investigation . 
Material retardation. - This concept refers to cases in which the  product under investigation is not 
yet being produced, as well as to those cases in which, although some production has occurred, it 
has not attained a level sufficient to permit the examination of the other two types of injury . 
Article  3. (GENERAL INTERE ST). The investigation and the imposition of anti -dumping and 
countervailing duties are in the public interest and seek to prevent and remedy material injury, 
threat of material injury or material retardation of the establishment of a domestic industry, pr ovided 
that there is a link to the unfair practice of dumping or subsidies.  
It is also based on an assessment of the effects of the imposition of such measures on the general 
economic interest of the country, at the domestic  level, as well as on trade rela tions with the 
countries potentially affected.  
Duties are imposed specifically on producers and exporters of a country and, where applicable, on a 
country.  
CHAPTER II  
DETERMINATION OF DUMPING  
Article  4. (DUMPING). A product is considered as being dumped, i .e. imported into the Bolivian 
market at a price that is less than its normal value, if the export price of the product exported to the 
Plurinational State of Bolivia is less than the comparable price, in the ordinary course of trade, of a 
like product des tined for consumption in the country of origin.  
Article  5. (NORMAL VALUE IN THE ORDINARY COURSE OF TRADE). Normal value means the 
price actually paid or payable for a like product by comparison with the product imported into the 
Plurinational State of Boli via, when sold for consumption or use in the country of origin or export, in 
the ordinary course of trade.  
Article  6. (DETERMINATION OF THE NORMAL VALUE IN OTHER TRANSACTIONS). I. When 
there are no sales of the like product in the ordinary course of trade in the domestic market of the 
country of origin or export or when, because of a particular market situation or the low volume of 
the sales in the domestic market of that country, it is not possible to conduct a proper comparison, 
the normal value shall be determined by one of the following means:  
(a) The export price of the like product to an appropriate third country, provided that the 
price is representative; or  
(b) The constructed value, i.e. the cost of production in the declared country of origin plus 
a reasonable amount for general, administrative, selling and financial costs and profits.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  Sales of the like product destined for consumption or use in the domestic market of the exporting 
country are deemed to be of sufficient quantity to determine the nor mal value if such sales constitute 
5% or more of the sales of the product considered exported to the Plurinational State of Bolivia, 
provided that a lower ratio is acceptable where the evidence demonstrates that domestic sales at 
such lower ratio are nonet heless of sufficient magnitude to provide for a proper comparison.  
II. Sales of the like product in the domestic market of the exporting country or sales to a third 
country at prices below per unit costs of production of the like product, including the cos ts of 
manufacturing (fixed and variable) plus administrative, sales and general costs, as well as financial 
costs, shall not be considered to be in the ordinary course of trade and shall be disregarded when 
determining the normal value when the sales are m ade. 
(a) Within a reasonable period of time, preferably 12 months, but in no case less than 
six months;  
(b) In substantial quantities, i.e.:  
1. When the weighted average selling price of the like product in the anti -dumping 
investigation period is below th e weighted average per unit costs of the like 
product during that period; or  
2. When the volume of sales of the like product below per unit costs constitutes not 
less than 20% of the total volume of sales of the like product.  
(c) At prices that do not provide for the recovery of all costs within a reasonable period of 
time, preferably 12  months.  
III. Transactions between associated or related parties or bound by a compensatory arrangement 
may be deemed to be in the ordinary course of trade and used to e stablish normal value only if it is 
demonstrated that the prices and costs involved are comparable to those in transactions between 
unassociated or unrelated parties.  
The transactions between associated or related parties shall be deemed to be in the ordin ary course 
of trade if the weighted average price of sale from the interested party to the associated or related 
party is not more than 3% greater or less than the weighted -average price of sale from the interested 
party to unassociated or unrelated partie s. 
IV. The following transactions shall not be deemed to be in the ordinary course of trade or used to 
calculate the normal value:  
(a) Sales of samples or sales to employees and donations;  
(b) Sales to other enterprises  under manufacturing agreements (tolling) or product 
exchanges (swaps);  
(c) Captive consumption; or  
(d) Other transactions, as established by the Investigating Authority.  
V. For the purpose of the application of this Article, costs shall normally be calcul ated on the basis 
of records kept by the exporter or producer under investigation, provided that such records are in 
accordance with the generally accepted accounting principles of the exporting country and 
reasonably reflect the costs associated with the production and sale of the product under 
consideration. The Investigating Authority shall consider all available evidence on the proper 
allocation of costs, including that which is made available by the exporter or producer, in particular 
in relation to es tablishing appropriate amortization and depreciation periods and allowances for 
capital expenditures and other development costs.  
Unless already reflected in the cost allocations under this paragraph, costs shall be adjusted 
appropriately for those non -recurring items of cost which benefit future and/or current production, G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  or for circumstances in which costs during the period of investigation are affected by start-up 
operations.  
The adjustment made for start -up operations shall reflect the costs at the end of the start -up period 
or, if that period extends beyond the period of the anti -dumping investigation, the most recent costs 
which can reasonably be taken into account during the investigation.  
VI. The amounts for administrative, financial, selling and gen eral costs and for profits shall be based 
on actual data pertaining to production and sales in the ordinary course of trade of the like product 
by the exporter or producer under investigation. When such amounts cannot be determined on this 
basis, the amoun ts may be determined on the basis of:  
(a) The actual amounts incurred and realized by the exporter or producer concerned in 
respect of the production and sales in the domestic market of the country of origin or 
export of the same general category of produc ts; 
(b) The weighted average of the actual amounts incurred and realized by other exporters 
or producers subject to investigation in respect of the production and sales of the like 
product in the domestic market of the country of origin or export; or  
(c) Any other reasonable method, provided that the amount of profit so established does 
not exceed the profit normally realized by other exporters or producers on sales of 
products of the same general category in the domestic market of the country of origin 
or export.  
Article  7. (NORMAL VALUE IN CENTRALLY  PLANNED ECONOMIES)  I. In the case of imports 
coming from or originating in countries with centrally planned economies, the normal value shall be 
determined on the basis of the comparable price in the ordinary c ourse of trade at which a like 
product is sold in a third country with a market economy and a similar level of development 
(substitute country) for domestic use or consumption; the constructed value of the like product in 
the substitute country; the export  price of the like product from the substitute country to other 
countries, excluding the Plurinational State of Bolivia; the price actually paid or payable in the 
domestic market of the Plurinational State of Bolivia for the like product, duly adjusted if necessary 
to include a reasonable profit margin; or on the basis of any other method deemed appropriate by 
the Investigating Authority.  
II. The product on the basis of which the normal value is determined shall originate in the substitute 
country. When the  normal value is determined according to the export price in a substitute country, 
that price shall be related to a market other than that of the Plurinational State of Bolivia.  
III. For the purpose of selecting and evaluating the relevance of choosing a p articular country with 
a market economy from which to obtain the normal value, the Investigating Authority shall take into 
account, inter alia , the following criteria:  
(a) The production processes in the country with a market economy and the country with 
a centrally planned economy;  
(b) The scale of production; and  
(c) The quality of the products.  
Time-limits shall also be taken into account and, where appropriate, a third country subject to the 
same investigation shall be used.  
Immediately after the initiation of the investigation, the interested parties shall be informed of the 
market -economy third country selected and given a reasonable period of time in which to submit 
their comments.  
Article  8. (EXPORT PRICE). I. The price actually paid or payable  for the product under 
consideration sold for export to the Plurinational State of Bolivia;  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  II. If there is no export price or where it appears to the Investigating Authority that the export price 
is unreliable because of association or relationship or a c ompensatory arrangement between the 
exporter and the importer or a third party, the export price shall be calculated on the basis of the 
price at which the imported products are first sold to an independent buyer.  
If the products are not resold to an indep endent buyer, or not resold in the condition as imported, 
the price may be calculated on such reasonable basis as the Investigating Authority may determine.  
In calculating the export price, the necessary adjustment shall be made to allow for all costs incu rred 
prior to sale, such as costs of transport, insurance, maintenance, loading and unloading, import 
duties and other levies arising subsequent to export from the country of origin; a reasonable margin 
of general, administrative and selling costs; a reaso nable margin of profit and any commission 
usually paid or agreed.  
Article  9. (COMPARISON BETWEEN THE NORMAL VALUE AND THE EXPORT PRICE). A fair 
comparison shall be made between the export price and the normal value. This comparison shall be 
made at the sam e level of trade, normally at the ex -factory level, and in respect of transactions 
made at as nearly as possible the same time.  
Interested parties shall be notified as to what information is necessary to ensure a fair comparison, 
and an unreasonable burden  of proof shall not be imposed on those parties.  
Where products are not imported directly from the country of origin but from another country, the 
price at which the products are sold from the country of export to the Plurinational State of Bolivia 
shall n ormally be compared with the comparable price in the country of export. However, comparison 
may be made by the Investigating Authority with the price in the country of origin, if, inter alia , the 
products are merely transhipped through the country of expor t, or such products are not produced 
in the country of export, or there is no comparable price for them in the country of export.  
Article  10. (ADJUSTMENTS). The necessary adjustments shall be made in each case for 
differences which affect price comparabili ty, including differences regarding:  
(a) Conditions and terms of sale;  
(b) Profits;  
(c) Levels of trade;  
(d) Quantities;  
(e) Physical characteristics; and  
(f) Any other differences shown to affect price comparability.  
It shall not be necessary to duplicate the adjustments when more than one of the factors referred 
to in the aforementioned paragraphs overlap.  
The value of the adjustments shall be calculated on the basis of relevant information for the period 
of investigatio n or in the light of data for the latest fiscal year available.  
If the export price has been constructed and price comparison has been affected  as a result , the 
Investigating Authority shall establish the normal value at a level of trade equivalent to the level of 
trade of the constructed export price or shall make due allowance for the adjustment elements 
provided in this Annex for this purpose.  
Article  11. (ADJUSTMENT FOR EXCHANGE RATE) . When the comparison provided for in Article  9 
of these regulation s requires a conversion of currencies, this conversion shall be made using the 
official exchange rate, as published by the Central Bank of Bolivia, on the date of sale.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  When a sale of foreign currency on forward markets is directly linked to the export sale u nder 
investigation, the exchange rate in the forward sale shall be used.  
Fluctuations in exchange rates shall be disregarded and, in the investigation, the Investigating 
Authority shall allow exporters up to 60 days to adjust their export prices to reflect  sustained 
movements in exchange rates during the period of investigation.  
Article  12. (ADJUSTMENTS TO THE EXPORT PRICE). The Investigating Authority may, among 
other adjustments, make those related to the following factors:  
(a) The amounts directly connected with the costs incurred by the exporter, taking into 
account conditions agreed with the buyer for delivery of the goods, according to 
Incoterms;  
(b) The amounts for costs in providing guarantees, technical assistance and other 
after-sales services for the product to be exported to the Plurinational State of Bolivia;  
(c) The costs of commission paid in connection with the sales under consideration; wages 
paid to full -time sales personnel;  
(d) In cases where the export price is constructed,  costs, including duties and taxes incurred 
between import and resale, as well as the corresponding profits, shall be taken into 
account.  
Article  13. (ADJUSTMENTS TO THE NORMAL VALUE). The Investigating Authority may  make  
adjustments including those relate d to the following factors:  
(a) The amount corresponding to a reasonable estimate of the value of the difference in the 
characteristics of the product in question.  
(b) The amount of customs duties or indirect taxes actually payable for a like product or 
materials physically incorporated into it when destined for consumption in the country 
of origin or of export. If they are exempt or refunded when the product is exported to 
the Plurinational State of Bolivia, they shall not be adjusted.  
(c) The following se lling costs:  
1. Costs of transport, insurance, maintenance, unloading and allied costs incurred 
in forwarding the product in question from the exporter's warehouse to the first 
independent buyer;  
2. Costs of packaging the product in question;  
3. Costs of the credits granted for the sales in question. The volume of the refund 
shall be calculated in relation to the currency of the invoice;  
4. Costs of commissions paid in connection with the sales in question;  
5. Wages paid to full -time sales personnel shall also be deducted;  
6. Direct costs of providing guarantees, technical assistance and other after -sales 
services.  
Article  14. (MARGIN OF DUMPING). I.  The margin of dumping shall be determined by the 
difference between the normal value and the export price.  
II. The margin of dumping shall be determined on the basis of a comparison between:  
(a) The weighted average normal value and the weighted average price of all comparable 
export transactions; or  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  (b) The normal value and the export price on a transaction -to-transaction basis.  
In the cases set out in the above paragraphs, the margin of dumping calculation shall include all 
sales to the Plurinational State of Bolivia of the product under consideration, adding positive and 
negative results found for different tr ansactions or models.  
III. A normal value established on a weighted average basis may be compared to prices of individual 
export transactions if a pattern of export prices which differ significantly among different purchasers, 
regions, or time -frames is found, and if an explanation is provided as to why such differences cannot 
be taken into account appropriately by the use of the methodologies indicated in the paragraph 
above.  
Article  15. (INDIVIDUAL DUMPING MARGIN). I.  An individual dumping margin shall be  
determined , preferably for each known producer or exporter of the product under investigation.  
II. If the number of exporters, producers, importers, or types of the product under investigation is 
so large as to make it impracticable to determine the individual dumping margins referred to in the 
paragraph above, individual determination may be limited to:  
(a) A valid statistical sample that includes a reasonable number of interested parties or 
types of products based on information available at the tim e of selection; or  
(b) A selection of the producers or exporters who account for the largest percentage of the 
volume of exports from the exporting country that can reasonably be investigated.  
1. The selection shall include the producers and exporters who,  listed in decreasing 
order of volume, account for the largest export volumes to the Plurinational State 
of Bolivia.  
2. The dumping margin of producers or exporters who request to be excluded from 
the selection after confirming their participation or who f ail to respond to the 
questionnaire shall be determined on the basis of the best information available.  
3. The Investigating Authority could, at its discretion, include another producer or 
exporter in the selection.  
4. Any selection of producers or exporte rs, importers or types of product made 
pursuant to this paragraph shall be carried out preferably after holding 
consultations with producers, exporters, or importers and obtaining their consent.  
5. The government of the exporting country may submit a state ment on the 
selection, for the purpose of explaining whether the selected enterprises  are 
exporters, trading enterprises , or producers of the product under investigation 
within a period of 10 working days from the date of acknowledgement of receipt 
of the initiation of the investigation . 
6. An individual dumping margin shall also be determined for any producer or 
exporter not included in the selection who submits the necessary information in 
time to be taken into consideration during the investigation.  Howe ver, this 
provision shall not apply to situations in which the number of exporters or 
producers is so large that the examination of individual cases would prevent the 
completion of the investigation within the established time -frames . 
7. Any measure that d iscourages the submission of the information provided for in 
point 6 shall be prohibited.  
For the purpose of determining the individual margin of dumping and of applying the anti -dumping 
duties, different legal entities may be treated as a single producer or exporter when it is 
demonstrated that the structural and trade relationship between such entities or with a third entity 
is sufficiently close.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  CHAPTER III  
SUBSIDY  
Article  16. (CONCEPT AND REQUISITE CHARACTERISTICS OF A SUBSIDY). A subsidy shall 
be deemed to exist where a benefit is granted in the following cases:  
(1)  There is a financial contribution by a government or any public body (referred to in 
these regulati ons as "government") within the territory of a member country involving 
a direct transfer of funds or potential direct transfers of funds or liabilities;  
(2)  If government revenue that is otherwise due is foregone or not collected. In accordance 
with the provisions of Article XVI of the GATT 1994 and Annexes I and III of the 
Agreement on Subsidies and Countervailing Measures, the exemption of an exported 
product from duties or taxes borne by the like product when destined for domestic 
consumption, or the r emission of such duties or taxes in amounts not in excess of those 
which have accrued, shall not be deemed to be a subsidy;  
(3) When the government provides goods or services other than general infrastructure, or 
purchases goods;  
(4) When the government makes payments to a funding mechanism, or entrusts or directs 
a private body to carry out one or more of the type of aforementioned functions which 
would normally be vested in the government and the practice, in no real sense, differs 
from pract ices normally followed by governments and a benefit is thereby conferred; or  
(5) There is any form of income or price support in the sense of the Subsidies Agreement 
and a benefit is thereby conferred.  
Article  17. (SPECIFICITY). Subsidies may be specific o r non -specific.  
A specific subsidy shall be a subsidy that benefits an enterprise or industry or group of enterprises 
or industries. A subsidy which benefits certain enterprises located within a designated geographical 
region within the jurisdiction of the  granting government shall also be specific.  
A subsidy that benefits all industries in general shall be non -specific. The Subsidies Agreement 
establishes the criteria on which to determine whether a subsidy is specific or not.  
Article  18. (CLASSIFICATION O F SUBSIDIES). Subsidies are classified as prohibited and 
actionable.  
(a) The following subsidies shall be prohibited:  
1. Subsidies contingent, in law or in fact, whether solely or as one of several other 
conditions, upon export performance, including those  illustrated in Annex I of the 
Subsidies Agreement;  
2. Subsidies contingent, whether solely or as one of several other conditions, upon 
the use of domestic over imported goods.  
All prohibited subsidies shall be deemed specific. Countervailing measures and actions in 
response to this type of subsidy shall be governed by the provisions of Part V, Article 4 , of the 
Subsidies Agreement.  
(b) Actionable subsidies are those that cause adverse effects to the interests of the 
Plurinational State of Bolivia, i.e.:  
1. They cause injury to the domestic industry;  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  2. Nullification or impairment of benefits accruing directly or indirectly under the 
GATT  1994, in particular the benefits of concessions bound under Article  II of the 
GATT  1994;  
3. Serious prejudice to the inte rests of the country, in accordance with the provisions 
of Article 6 of the Subsidies Agreement.  
Countervailing measures and actions in response to actionable subsidies shall be governed by 
the provisions of Part V, Article 7 of the Subsidies Agreement, as  applicable.  
Article  19. (INDIRECT TAX REDUCTION SCHEMES AND DRAWBACK SCHEMES FOR IMPORT 
CHARGES AS SPECIFIC SUBSIDIES). Schemes for the reduction of indirect taxes on export 
production and drawback schemes for charges on imports consumed or utilized in ex port production 
shall only be deemed specific subsidies if the amount of the reduction or drawback exceeds the 
amount of the indirect taxes and import charges actually paid in the production process.  
The Subsidies Agreement lays down the procedure for dete rmining whether indirect tax reduction 
schemes and drawback schemes for import charges constitute subsidies.  
Article  20. (AMOUNT OF THE SUBSIDY). I. In order to apply countervailing measures, the 
amount of the actionable subsidy shall be calculated by unit  of subsidized goods exported to the 
Plurinational State of Bolivia, based on the benefits utilized during the period of investigation of 
actionable subsidies.  
The term "subsidized product" shall be understood to be a product that benefits from an actionab le 
subsidy.  
The following shall not be deemed to confer a benefit:  
(a) Government provision of equity capital, unless the investment decision can be regarded 
as inconsistent with the usual investment practice (including for the provision of risk 
capital) of private investors in the territory of the exporting country;  
(b) Government loans, unless there is a difference between the amount that the firm 
receiving the loan pays on the government loan and the amount the firm would pay on 
a comparable co mmercial loan which the firm could have obtained on the market. In 
this case the benefit shall be the difference between these two amounts;  
(c) Loan guarantees by a government, unless there is a difference between the amount 
that the firm receiving the gua rantee pays on a loan guaranteed by the government 
and the amount that the firm would pay on a comparable commercial loan absent the 
government guarantee. In this case the benefit shall be the difference between these 
two amounts adjusted for any differenc es in fees;  
(d) The provision of goods or services or purchase of goods by a government, unless the 
provision is made for less than adequate remuneration, or the purchase is made for 
more than adequate remuneration. The adequacy of remuneration shall be de termined 
in relation to prevailing market conditions for the good or service in question in the 
country of provision or purchase, including price, quality, availability, marketability, 
transportation and other conditions of purchase or sale.  
II. The indivi dual amount of actionable subsidization shall be determined for each known foreign 
producer or exporter concerned of the product under investigation.  
In case the number of known exporters, producers or importers or types of products or transactions 
under i nvestigation is so large as to make the determinations referred to in this Article impracticable, 
the examination may be limited to:  
(a) A reasonable number of interested parties, transactions or products, determined using 
a sample that is statistically va lid on the basis of information available at the time of 
the selection; or  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  (b) The largest volume of production, sale, or export that is representative and may be 
investigated taking into account the established time -frames . 
III. Any selection of exporters, producers, importers or types of products or transactions made 
pursuant to the above paragraph shall be carried out after holding consultations with the 
governments of exporting countries, exporters, producers or importers and after obtaining th eir 
consent, on condition that they have provided the information necessary for the selection of the 
representative sample.  
If one or more of the selected enterprises does not provide the information requested, another 
selection shall be made. If there is not enough time to make a new selection or if the new enterprises 
selected also fail to provide the requested information, the determination or decision shall be based 
on the best information available, in conformity with the provisions of Article 52 of th is Annex.  
Article  21. (DEDUCTIONS). In determining the subsidy amount, the total of the following items 
shall be deducted:  
(a) Taxes levied on the product upon export to the Plurinational State of Bolivia, when 
specifically intended to offset subsidies;  
(b) Expenditure that has necessarily been incurred in order to be eligible for the subsidy or 
to benefit therefrom.  
When the interested government or party applies for such a deduction, it shall furnish evidence to 
justify the application.  
CHAPTER IV  
DETERMI NATION OF INJURY  
Article  22. (DETERMINATION OF MATERIAL INJURY). A determination of material injury shall 
be based on evidence and shall involve an objective examination of the effect of the dumped or 
subsidized imports on the domestic industry producing l ike goods.  
This shall involve an examination of the following elements:  
(a) Volume of imports of products subject to unfair practices (dumped or subsidized), taking 
into consideration whether there has been a significant increase in such imports, 
inter alia, in absolute terms or relative to total production or consumption in the 
country;  
(b) The effects of imported products subject to unfair practices on prices of the like product 
in the market of the Plurinational State of Bolivia; taking into account:  
1. Whether there has been significant price undercutting by the imports subject to 
unfair practices as compared with the price of the like product in the Plurinational 
State of Bolivia;  
2. Whether the effect of such imports is to depress prices to a significa nt degree; or  
3. Whether the effect of such imports is to prevent, to a significant degree, price 
increases that would have occurred in the absence of such imports.  
(c) The resulting impact of the imports subject to unfair practices on the domestic industr y 
which shall include an evaluation of all economic factors and indices having a bearing 
on the state of the industry, including:  
1. Actual and potential decline in:  
i. Sales; G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  ii. Profits;  
iii. Production;  
iv. Market share;  
v. Productivity;  
vi. Return on investments; and  
vii. Utilization of capacity.  
2. Factors affecting prices in the domestic market, including the magnitude of the 
margin of dumping and subsidization;  
3. Actual and potential negative effects on:  
i. Cash flow;  
ii. Inventories;  
iii. Employment;  
iv. Wages;  
v. Growth of the domestic industry; and  
vi. Ability to raise capital or investments.  
None of the economic factors or indices referred to in this paragraph, considered in isolation 
or in tandem , can necessarily provide decisive guidanc e. 
(d) The Investigating Authority shall examine any other factors which at the same time are 
injuring the domestic industry in order to follow the principle of non -attribution of the 
injury caused by this other factor to the dumped or subsidized imports.  
Article  23. (THREAT OF MATERIAL INJURY). When an applicant considers that the request for 
application of an anti -dumping or countervailing duty is justified even before the injury has occurred, 
it shall be based on facts and not merely on allegation, conje cture or remote possibility.  The 
determination of this threat of material injury from dumped or subsidized imports shall also take 
into account the imminent occurrence of the factors described in the previous Article  of these 
regulations, including the exi stence of factors  such as: 
(a) A significant rate of increase of dumped or subsidized imports into the Bolivian market 
indicating the likelihood of substantially increased imports.  The likelihood of 
substantially increased importation may be determined on the basis  of, inter alia , the 
following: the existence of a supply or sales contract, the award of a tender, a negotiable 
offer or other comparable contract. The existence of letters of credit for payment abroad 
of imports of the product under consideratio n may also be taken into account . 
(b) Sufficient freely disposable reserve capacity, or an imminent, substantial increase in the 
productive capacity of the exporter indicating the likelihood of substantially increased 
dumped or subsidized exports to the ma rket of the Plurinational State of Bolivia.  
Any analysis of  the factor referred to  in this paragraph  shall take into consideration the 
existence of  other markets able to  absorb a potential increase in exports. Consideration 
may also be given to trade defence measures in force or investigations under way in 
third countries that could explain the redirection of sales of the product under 
consideration to the Plurinational S tate of Bolivia.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  (c) The fact that the product under consideration is being imported at prices that will have 
a significant depressing or suppressing effect on domestic prices or the sales volumes 
of domestic producers and would likely increase demand for further imports . 
(d) Inventories of the product under consideration in the country of export.  
None of these factors , considered in isolation,  can necessarily provide  decisive guidance, but the 
presence of some or all  of the m must lead to the conclusion that further exports at dumping prices 
or benefiting from subsidies are imminent and that, unless remedial action is taken, material injury 
will occur.  
Article  24. (MATERIAL RETARDATION OF THE ESTABLISHMENT OF A DOMESTIC 
INDUST RY). In determining material retardation of the establishment or the expansion of an 
industry in the Plurinational State of Bolivia, the Investigating Authority shall examine, inter alia , 
the following factors:  
(a) Feasibility studies, loans negotiated and /or contracts for procurement of machinery 
relating to new investment projects or the expansion of existing plants or proof of the 
cancellation or retardation of a planned project;  
(b) Existence of dumped or subsidized imports;  
(c) The appropriate and adequate supply of the market, taking into account the volume of 
dumped or subsidized imports, the volume of other imports and the actual and potential 
output of the project;  
(d) The volume of domestic production compared to the size of the domestic market.  
None of these factors , considered in isolation,  can necessarily provide  decisive guidance. Specific 
information shall be submitted  in order to support  claims of retardation.  
Article  25. (CUMULATIVE ASSESSMENT OF INJURY IN RESPECT OF THE ESTABLISHMENT 
OF A DO MESTIC INDUSTRY). Where imports of a product under consideration come from more 
than one country and are simultaneously subject to an anti -dumping or countervailing investigation, 
the Investigating Authority may cumulatively assess the effects of such impo rts if it determines that:  
(a) The margin of dumping or subsidization established in relation to the imports of the 
product under consideration from each country is not de minimis ; 
(b) The volume of imports of the product under consideration from each coun try is not 
negligible; and  
(c) The cumulative assessment of the effects of the imports is appropriate in the light of 
the conditions of competition between the imported products and the like domestic 
product.  
Article  26. (NEGLIGIBLE IMPORTS AND DE MINIMIS  CONDITIONS). For the purposes of this 
Annex, the following criteria shall be taken into account:  
(a) In the case of dumped imports,  it shall be considered negligible  when : 
1. The volume of imports under  invest igation or the volume of dumped imports from 
a given country is found to account for less than 3% of  total imports of the product 
under investigation and of the like product in the Plurinational State of Bolivia ; 
2. The volume of imports under  investigatio n or the volume of dumped imports from 
countries that individually account for less than 3% of total imports of the product 
under investigation in the Plurinational State of Bolivia are found to collectively 
account for less than 7% of such imports.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  (b) In the case of subsidized imports, it shall be considered negligible  when : 
1. The volume of subsidized imports from a given developed country accounts for 
less than 3% of total imports of that product;  
2. The volume of subsidized imports from developed count ries individually account s 
for less than 3% of imports of the like product and collectively accounts for  less 
than 7% of those imports;  
3. The volume of subsidized imports from a given developing country accounts for 
less than 4% of total imports of that p roduct;  
4. The volume of imports from developing countries individually account s for less 
than 4% of imports of the like product and collectively account s for less than 9% 
of those imports.  
(c) A margin of dumping of less than 2%, expressed as a percentage of the export price, 
shall be regarded as de minimis : 
(d) Subsidies granted to the investigated product shall be considered de minimis  if their 
global level calculated on a per unit basis is les s than:  
1. 1% of the value of the product in the case of imports originating in developed 
countries; and  
2. 2% of the value of the product in the case of imports originating in developing 
countries.  
Article  27. (CAUSAL LINK). I. It must be demonstrated tha t the imports subject to unfair practices 
(dumping or subsidies) have significantly contributed to the injury affecting the domestic industry, 
by means of:  
(a) All relevant evidence submitted; and  
(b) Any known factors other than the dumped or subsidized imports which at the same time 
are injuring the domestic industry, and the injuries caused by these other factors must 
not be attributed to the imports subject to unfair practices, which shall include:  
1. The volume and prices of imports not sol d at dumping prices or subsidized;  
2. The impact of possible import liberalization processes on prices in the domestic 
market;  
3. Contraction in demand or changes in the patterns of consumption;  
4. Trade restrictive practices of foreign and domestic produc ers; 
5. Competition between foreign and domestic producers;  
6. Technological developments;  
7. Export performance;  
8. Productivity of the domestic industry;  
9. Captive consumption; and  
10. Imports or resale of the imported product by the domestic industry.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  II. The effect of the dumped or subsidized imports shall be assessed in relation to the domestic 
production of the like product when available data permit the separate identification of that 
production on the basis of criteria such as:  
(a) The production p rocess; and  
(b) Producers' sales and profits.  
If separate identification of that production is not possible, the effects of the dumped and subsidized 
imports shall be assessed by the examination of the production of the narrowest group or range of 
products , including the domestic like product, for which the necessary information can be provided.  
III. It is necessary to separate and distinguish the effects of dumped and subsidized imports from 
the effects of other possible factors causing injury to the domes tic industry.  
IV. The Investigating Authority may consider other possible causes expressly indicated by the 
interested parties, provided that they are accompanied by reasonable justification and relevant 
evidence, and any other cause s known to the Investig ating Authority.  
V. The proof of the causal link between the dumped or subsidized imports and the material 
retardation of the establishment or the expansion of a domestic industry shall be based on an 
examination of the relevant evidence available to the I nvestigating Authority at each stage of the 
investigation.  
Article  28. (PERIOD OF EXAMINATION OF THE FACTORS). Unless the Investigating Authority 
establishes otherwise, the factors mentioned in this Annex for determining material injury shall be 
examined with reference to a period comprising the five years preceding the submission of the 
application.  
With regard to  threat of injury or material retardation of the establishment of a domestic industry, 
the examination period shall be that indicated in this Article, unless the domestic producers show 
that this period is not appropriate.  
CHAPTER  V 
DOMESTIC INDUSTRY  
Artic le 29. (SCOPE). For the purposes of the present regulations, a "domestic industry" shall be 
understood to mean the producers as a whole of the like products operating within Bolivian territory, 
or those whose collective output of the like domestic product constitutes a major proportion of the 
total domestic production of those products.  
Domestic producers who are associated with or related to exporters or importers of the goods in 
question, or who are themselves importers of such products, shall not be considered part of the 
domestic industry.  
Article  30. (ASSOCIATED OR RELATED PARTIES). I. Foreign producers are deemed to be 
related to exporters or importers in the following cases:  
(a) Where one of them directly or indirectly controls the other;  
(b) Wher e both of them are directly or indirectly controlled by a third person;  
(c) Where both directly or indirectly control a third person, provided that there are grounds 
for believing or assuming that the effect of the relationship is such as to cause the 
producer to behave differently from non -related producers.  
II. One person is deemed to control another when the former is legally or operationally in a position 
to exercise restraint or direction over the latter.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  III. The cases set forth in the above paragraph s shall only lead to the exclusion of the associated 
or related producer from the concept of domestic industry if there is reason to believe that the 
relationship leads the producer in question to act differently from the way in which producers without 
such a relationship would act.  
Article  31. (SPECIAL CONDITIONS). I. In exceptional circumstances in which the territory of the 
Plurinational State of Bolivia may be divided into two or more competitive markets, "domestic 
industry" may be understood to mean th e group of domestic producers of each one of those markets 
separately.  
II. The group of domestic producers of each of the domestic markets referred to may be considered 
an isolated market if:  
(a) The producers within that market sell all or almost all of t heir production of the like 
product in that market; and  
(b) The demand in that market is not, to any substantial degree, supplied by producers of 
the like product located inside that market.  
III. In the case set forth in paragraph II, injury may be found t o exist even where a major portion 
of the total domestic industry is not injured, provided there is a concentration of dumped or 
subsidized imports in an isolated market and provided further that the imports that are the subject 
of unfair practices are cau sing injury to that isolated market.  
CHAPTER VI  
APPLICATION PROCEDURES AND INITIATION OF THE INVESTIGATION  
Article  32. (SUBMISSION OF THE APPLICATION). I.  An investigation to determine the 
existence of dumping or subsidies, injury and a causal link between  the imports that are the subject 
of unfair practices and the alleged injury shall be requested, in writing, to the Investigating Authority 
by or on behalf of the domestic industry.  
II. The application shall be considered to have been made "by or on behalf  of the domestic industry" 
when:  
(a) Consultations have been held with other domestic producers within the domestic 
industry that produced the like product during the period of investigation; and  
(b) The application has been supported by those domestic pro ducers whose collective 
output represents more than 50% of the total production of the like product produced 
by the portion of the domestic industry which expressed either support for or opposition 
to the application during the consultations referred to in  the subparagraph above.  
The application shall not be considered to have been made "by or on behalf of the domestic industry" 
when domestic producers expressly supporting the application account for less than 25% of the total 
production of the like product  produced by the domestic industry during the period under 
investigation.  
III. In the case of fragmented industries involving an exceptionally large number of domestic 
producers, the degree of support for or opposition to the application may be determined by using 
statistically valid sampling techniques.  
In the specific situation mentioned in this paragraph, an application containing information on 
domestic producers accounting for less than 25% of total production of the like product during the 
period under investigation may be accepted.  
IV. A statement of support for or opposition to the application shall only be considered when 
accompanied by information on the volume or value of production and on the volume of sales in the 
domestic market for the period of investigation into the existence of injury.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  V. If the application does not include information on all domestic producers of the like product, it 
must be justified that the information presented is for domestic producers whose collective outpu t 
of the like domestic product constitutes a major proportion of total domestic production of that 
product.  
VI. The application shall contain all information needed to determine the injury to the domestic 
industry related to the domestic producers expressl y stating support for the application.  
VII. The application shall include evidence of dumping or subsidies, injury to the domestic industry, 
and the causal link between the imports that are the subject of unfair practices and the alleged 
injury. Simple ass ertion shall not be considered sufficient to meet the requirements of this 
paragraph.  
VIII. The Investigating Authority shall publish a ruling setting forth the information to be included 
in the application and the format in which it shall be presented.  
The application shall be accompanied by the "Questionnaire for the domestic industry requesting the 
initiation of an investigation into alleged dumping or subsidies", which shall be duly completed, 
publicly accessible and approved by the Investigating Author ity. 
Applications that do not meet the requirements set forth in this Article shall not be considered.  
Article  33. (EVALUATION OF THE APPLICATION). I.  In accordance with the above Article, 
applications shall be evaluated by the Investigating Authority with in 15 working days of their 
submission.  
Where the application is properly documented and does not require further information, the applicant 
shall be notified of the initiation of the investigation or denial of the application within an additional 
period o f 15 working days.  
If only minor additional information or specific corrections and adjustments to the application are 
required, the applicant shall be instructed to make the relevant changes within a period of 
five working days from the date on which the request was made.  
Further information, corrections or adjustments shall be evaluated within a period of 10 working 
days from the date of the receipt thereof. At the end of that period, the applicant shall be notified 
of the initiation of the investigation or denial of the application within a period of 15 working days.  
One confidential version and one non -confidential version of the application shall be filed 
simultaneously. Filed documents not labelled "confidential" or "restricted" shall be treated as pub lic 
documents.  
II. The application shall be evaluated regarding evidence of the existence of dumping or subsidies, 
injury to the domestic industry, and the causal link between the imports that are the subject of 
unfair practices and the alleged injury.  
The accuracy and adequacy of data and evidence in the application shall be examined on the basis 
of information from promptly available sources with a view to determining whether initiation of the 
investigation is justified.  
Applications that lack the evidence mentioned in this paragraph, that do not meet the requirements 
and time -limits set forth in the above paragraph for the interested parties, or that require substantial 
supplementary information or significant corrections and adjustments shall be denied.  
An investigation shall not be initiated in cases where the volume of dumped or subsidized imports is 
negligible, where the margin of dumping or the global level of subsidization is de minimis  or where 
the injury caused by the imports in question  is negligible.  
III. To check the level of support or opposition to the application being made by or on behalf of the 
domestic industry, the Investigating Authority may send notifications to the known domestic 
producers or associations, which, within 10  working days from the day following the date of dispatch G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  of the notification, shall express in writing their support for, or opposition to, the application. If no 
reply is received within the specified period, this shall indicate that there has been no expre ssion of 
interest on the part of the domestic producer or association concerned.  
IV. Producers or exporters exclusively within the realm of formalized investigations, regardless of 
their inclusion in the application, shall be identified on the basis of the  detailed import data provided 
by Bolivian National Customs.  
Article  34. (CONSULTATIONS REGARDING REQUESTS FOR APPLICATION OF 
COUNTERVAILING DUTIES). In the case of a request for the application of countervailing duties, 
once an application that is complia nt with the requirements has been received, before the 
Investigating Authority initiates its investigation it shall invite the government of the country of 
origin or exportation to hold consultations with the aim of reaching a mutually agreed solution 
regarding the request made for application of duties.  
Notwithstanding the above, the Investigating Authority may initiate an investigation or apply 
provisional or definitive duties, as set out in Article 13.3 of the Subsidies Agreement.  
Article  35. (INITIATION  OF THE INVESTIGATION). I. In exceptional and duly justified 
circumstances, the Investigating Authority may initiate an investigation ex officio , provided it has 
sufficient evidence of the existence of dumping or subsidies, injury, and a causal link betwee n the 
imports that are the subject of unfair practices and the alleged injury.  
II. The Investigating Authority shall publish a notice announcing the initiation of the investigation 
to the interested parties of which it is aware and to the Ministry of Forei gn Affairs within 10 working 
days following the date that the notice was published.  
The notice shall specify the countries of the exporters or producers subject to investigation, the 
product under investigation, the date of initiation of the investigation,  and the time -limits for the 
interested parties to submit statements, and shall include the information obtained on dumping and 
subsidies, injury to the domestic industry, and the causal link between the imports that are the 
subject of unfair practices and  the alleged injury.  
III. Other parties wishing to be considered interested parties shall be granted a period of 10 working 
days from the date of publication of the Investigating Authority notice to submit eligibility 
applications for themselves and their respective legal representatives.  
IV. Upon initiation of the investigation, the full contents of the application which originated the 
investigation shall be sent to all known producers or exporters and to the government of the 
exporting country and attache d to the case file.  
If the number of producers or exporters is particularly large, the full text of the application shall be 
sent only to the government of the exporting country or to the corresponding representative trade 
association.  
V. All official comm unications with the government of the exporting country shall be sent to its 
official representation in the Plurinational State of Bolivia. In the absence of an official 
representation, official communications with the government of the exporting country s hall be 
submitted through the Ministry of Foreign Affairs.  
VI. The Government of the Plurinational State of Bolivia shall not disclose the existence of 
applications prior to the publication of the Investigating Authority's notice publicly announcing the 
initiation of the investigation, except to the government of the exporting country, which shall be 
notified of the existence of a properly documented application prior to publication of the notice 
authorizing the initiation of the investigat ion. 
VII. If the Investigating Authority decides not to open an investigation, it shall notify the applicant.  
Article  36. (IMPORTATION OF PRODUCTS UNDER INVESTIGATION). The initiation of an 
investigation shall not impede the customs clearance of the produc t under investigation.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  Article  37. (DISTRIBUTION OF QUESTIONNAIRES). The interested parties shall receive 
questionnaires indicating the information needed for the investigation and shall have a period of 30 
calendar days from the date of acknowledgement to  return those questionnaires, without limitation 
to the distribution of questionnaires to other interested parties.  
A 30 calendar day extension of the time -limit for returning questionnaires shall be granted upon 
request whenever possible.  
Additional infor mation to that provided in the responses to the questionnaires may be requested. A 
period of 10 working days from the date of acknowledgement of the request shall be granted for the 
parties to reply to such a request. A further 10 working days may be grant ed upon request, when 
duly justified.  
Replies sent by interested parties shall be submitted in Spanish or, failing that, shall be accompanied 
by an official translation. The replies shall be accompanied by two copies, one to be placed in the 
public file an d the other in the confidential or restricted file. These requirements shall apply to all 
the documents intended to substantiate the claims made by each interested party in the 
investigation.  
The replies to the questionnaire by the interested parties may b e dispatched and received 
electronically in accordance with the relevant guidelines drawn up by the Investigating Authority.  
Article  38. (FILE CONTAINING INFORMATION). All documents, evidence and information 
submitted by the interested parties or collected  by the Investigating Authority shall be archived 
chronologically in a single file consisting of two parts: one containing public information and another 
containing confidential information.  
Upon request in writing, the interested parties shall have access  to all the information contained in 
the public part of the file.  
Article  39. (CRITERIA FOR THE CALCULATION OF DUTIES). In determining the amount of 
anti-dumping or countervailing duties, the Investigating Authority shall use statistical or sampling 
techni ques generally accepted for cases involving a large volume or number of transactions or 
adjustments. These techniques shall be representative of the transactions investigated and generally 
accepted accounting principles shall always apply.  
In calculating t he duties, the Investigating Authority shall take into account the amount required to 
remove the injury. In doing so, it may consider the following:  
1. The price of the imported product on the domestic market compared with the price of 
the domestic product  during the period of investigation;  
2. The price of the domestic product if there were no unfair trade practice compared with 
the price of the imported product on the domestic market; and  
3. The price of the product in different markets.  
The amount of the duties may be expressed in one of the following forms or any combination thereof, 
if necessary: absolute terms, ad valorem  percentages, relative or variable terms in accordance with 
the indicative price.  
Anti-dumping or countervailing dut ies shall not be imposed in an amount greater than the margin 
of dumping or the amount of the subsidy.  
CHAPTER VII  
CONFIDENTIALITY  
Article  40. (CONFIDENTIAL INFORMATION). Any confidential information submitted by the 
parties in an investigation concerning the application of the measures envisaged in this Annex shall 
be treated as such by the Investigating Authority, upon cause being shown, and shall not be G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  disclosed without the express consent of the party submitting it. Information shall be considered 
confidential either if its disclosure or publication might injure the competitive position of the 
enterprise concerned or have a significantly adverse effect upon the person supplying the 
information or if it is provided on a confidential basis.  
A separate fil e, which may be inspected only by the Investigating Authority, shall be opened for 
confidential information provided by the applicant or other interested parties.  
Any party that submits confidential information shall attach a non -confidential summary that shall 
be in sufficient detail to permit a reasonable understanding of the substance of the information 
submitted in confidence. In exceptional circumstances, such parties may explain why such 
information is not susceptible of summary.  
If the Investigating Authority believes that a request for confidentiality is not warranted and if the 
party concerned does not wish to make the information public or to authorize its disclosure in 
generalized or summary form, the Investigating Authority shall disregard such i nformation. The 
provider may request that such information be removed from the file.  
Article  41. (THE PROCESSING OF CONFIDENTIAL INFORMATION). No confidential 
information contained in any document prepared by the Investigating Authority that contains 
confidential information shall be divulged, except in the cases permitted by these regulations.  
The designation of information as confidential shall not impede the provision of general information 
and the evidence on which decisions adopted are based.  
The inter ested parties identified as such by the Investigating Authority and the representatives of 
exporting countries may have access to any information gathered during the investigation, except 
that of a confidential nature.  
Article  42. (ACCESS TO CONFIDENTIAL INFORMATION). Government officials appointed by 
the Investigating Authority to conduct the investigation shall have access to confidential information 
as part of their official duties.  
Where documents contain confidentia l information, the Investigating Authority shall clearly identify 
them as confidential at the start of the document and shall mark the confidential parts within the 
relevant texts and tables.  
Documents containing confidential information held by government  may only be reproduced by the 
Investigating Authority.  
CHAPTER VIII  
DETERMINATION AND IMPOSITION OF PROVISIONAL MEASURES  
Article  43. (PRELIMINARY DETERMINATION). If there is sufficient evidence for an anti -dumping 
or countervailing measure to be imposed, the Investigating Authority shall issue a preliminary 
technical report with a recommendation on whether imposing the measure is appropriate.  
Furthermore, the Investigating Authority shall submit the file, the technical report and any other 
necessary docume nts to the Committee on the Evaluation of Trade Practices, which shall analyse 
and determine the appropriateness of the anti -dumping measure and the countervailing duties for 
the application of the measure.  
Based on the aforementioned technical report and the accompanying recommendation on the 
appropriateness of the provisional anti -dumping or countervailing measure, the Committee on the 
Evaluation of Trade Practices shall analyse the file and other necessary documents presented by the 
Investigating Authori ty. 
Based on analysis of the general interest, the Committee on the Evaluation of Trade Practices shall 
determine whether the measure is appropriate. If the measure is deemed appropriate, it shall 
determine the level of the anti -dumping and provisional cou ntervailing duties and the period for G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  which they shall apply and shall authorize the Ministry of the Economy and Public Finance to develop 
a draft Supreme Decree establishing how the measure will be applied.  
Provisional measures shall not be implemented du ring the two months following the initiation of the 
investigation.  
Preliminary negative determinations of injury to the domestic industry or a causal link between the 
imports that are the subject of unfair practices and the alleged material injury, threat thereof or 
retardation to the domestic industry may provide grounds for terminating the investigation.  
Article  44. (PROVISIONAL DUTIES). I.  Provisional measures shall be adopted by Supreme 
Decree based on the determination made by the Committee on the Eval uation of Trade Practices 
and the Investigating Authority's technical report.  
II. Provisional anti -dumping and countervailing duties shall be paid according to the goods' 
c.i.f. value at the border, their weight or any other unit of measurement, as set out  in the Supreme 
Decree on the adoption of measures, and are due as soon as the goods declaration is accepted.  
Article  45. (TYPE OF MEASURE). I.  In the case of dumping, any provisional measures may take 
the form of a provisional duty or a security – by cash  deposit or any other type of security envisaged 
in the General Customs Law (Law No. 1990) and its implementing regulations – equal to the amount 
of the anti -dumping duty provisionally estimated.  
II. In the case of subsidies, the provisional measures may t ake the form of provisional countervailing 
duties guaranteed by cash deposits or any other type of security envisaged in the General Customs 
Law (Law No. 1990) with a value equal to the provisionally calculated amount of subsidization.  
III. Duties shall be  paid on imports of the products under investigation, irrespective of the importer.  
IV. The securities mentioned in paragraphs I and II of this Article shall take the form and comply 
with the requirements specified in the General Customs Law (Law No. 1990)  and its implementing 
regulations.  
V. The provisional anti -dumping measures shall apply for as short a period as possible, and in any 
case no longer than four months, except in cases in which, upon request of exporters representing 
a significant percentage  of the trade in question, a period of up to six months is ordered.  
If a provisional anti -dumping measure is applied that is smaller than the margin of dumping, the 
periods in the previous paragraph shall be six months and nine months, respectively.  
The ap plication of provisional countervailing duties shall be limited to as short a period as possible, 
not exceeding four months.  
When a decision is made to adopt a definitive anti -dumping or countervailing measure, the period 
of the application of a provisiona l measure shall be counted as part of the total duration of the 
measure.  
VI. Provisional duties shall not be imposed if the Investigating Authority determines that the volume 
of dumped or subsidized imports is negligible, if the margin of dumping or the global level of 
subsidization is de minimis , or if the injury caused by the imp orts in question is negligible. For such 
purposes, the criteria set out in the present regulations shall apply.  
CHAPTER IX  
PRICE UNDERTAKINGS  
Article  46. (PRICE UNDERTAKINGS). When, during the course of an investigation, the exporter 
or the government of t he country exporting the goods at alleged dumped or subsidized prices 
voluntarily makes price undertakings to eliminate the injury to domestic production, the 
Investigating Authority shall bring the situation to the attention of the Committee on the Evalua tion 
of Trade Practices.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  If the Committee is persuaded that the commitment eliminates the injurious effect of the dumping 
or subsidy, it shall authorize the Investigating Authority to enter into an agreement and shall 
suspend or terminate the investigation  without imposing provisional or definitive measures. If, 
however, the Committee believes such a commitment would be unrealistic, it shall order the 
Investigating Authority to reject it.  
The exporters or the government of the exporting country may offer pr ice undertakings or accept 
those offered by the Investigating Authority only during the two months following the date of the 
preliminary technical report.  
Exporters and the government of the exporting country shall not be required to offer price 
undertakings or be forced to accept price or subsidy adjustments offered by the Investigating 
Authority.  
Price increases under such undertakings shall not be higher than necessary to eliminate the margin 
of dumping or subsidy.  
Offers shall not be considere d when they do not include the provision of information and an 
authorization to carry out the verifications which the Investigating Authority deems necessary to 
verify that such offers are being met or when they offer quantitative restrictions.  
Article  47. (MONITORING OF PRICE UNDERTAKINGS). The exporter or government of the 
exporting country subject to the price undertaking shall provide periodically, if requested, 
information related to the fulfilment of the undertaking and all in situ  investigations of r elevant data. 
Failure to do so shall constitute a violation of the terms of the price undertaking.  
If evidence of a violation of the price undertaking emerges, the producer or the government of the 
exporting country shall be given the opportunity to submit  comments thereon.  
In the event the violation of the price undertaking is verified, the Investigating Authority shall notify 
the exporter or the government of the exporting country of the resumption of the investigation and 
shall process the application of  provisional or definitive measures with the corresponding authorities 
following the procedure set out in Articles 43 and 55 of these regulations.  
The interested parties shall be notified of the termination of the undertaking and of the provisional 
or defi nitive measures applied.  
CHAPTER X  
INVESTIGATION PERIOD AND EVIDENTIARY ASPECTS FOR THE DETERMINATION  
AND IMPOSITION OF DEFINITIVE MEASURES  
Article  48. (INVESTIGATION PERIOD). The Investigating Authority shall have a maximum period 
of seven months from the  date of publication of the notice announcing the initiation of the 
investigation to conduct and conclude the investigation. In exceptional circumstances, the 
investigation period may be extended for an additional two months.  
The applicant may, at any time  and upon justification, request that the investigation be terminated. 
Where the request is granted, the proceeding shall be filed and the Investigating Authority shall 
publish a notice announcing the termination of the investigation without a decision on the merits.  
Article  49. (EVIDENCE AND INFORMATION REQUESTED OR PROVIDED DURING THE 
INVESTIGATION). During the investigation period, the Investigating Authority may request and 
gather any evidence it considers to be pertinent. The Investigating Authority ma y request any data 
that it deems necessary for the fulfilment of its tasks or that may contribute to the smooth running 
of its investigation from the various public administration departments or private sector bodies, 
which shall provide a sufficiently det ailed response to the request within 10 working days, unless 
otherwise specified by the Investigating Authority.  
The Investigating Authority shall provide opportunities for industrial users of the product under 
investigation, and for representative consume r organizations in cases where the product is G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
- 26 - 
  commonly sold at the retail level, to provide any information that is relevant to the investigation 
regarding dumping or subsidies, injury and causality. The Investigating Authority shall duly take into 
account  any problems that may be faced by interested parties, in particular small enterprises, in 
presenting the information requested and shall provide them with any feasible assistance.  
Likewise, interested parties and all those who demonstrate a legitimate int erest in participating in 
the investigation may furnish pertinent evidence, reports and documents, up to 15 working days 
before the day on which the Investigating Authority concludes the investigation.  
Article  50. (CLARIFICATORY HEARINGS). At any stage of the investigation, and preferably after 
the preliminary determination, the Investigating Authority, ex officio  or upon application by any 
interested party, may request the holding of public hearings attended by representatives of various 
interests for the purpose of clarifying questionable or controversial points within the investigation 
and explaining the methods used for determining the margins of dumping and calculating the 
subsidies, the determination of injury or threat thereof and arguments concerning  causality, as well 
as the effects on domestic industrial users and consumers. There shall be no obligation on any party 
to attend such hearings, and failure to do so shall not be prejudicial to that party's case. Once 
convened, the hearing must be held wi thin the next eight working days, but the fact that it is being 
held shall not interrupt or suspend the course of the investigation, or the periods specified for its 
various stages.  
Once a hearing has been opened, a representative of the Investigating Auth ority shall put forward 
for discussion the items he or she considers necessary, together with the evidence submitted by the 
applicant. Subsequently, the representative shall act as moderator and give the floor to the 
importers, foreign exporters, domestic producers, industrial users of the product investigated and 
the consumers or their delegates, in that order. Each party shall have the floor in turn, twice with 
respect to the evidence submitted by the other parties. At these hearings, the rules of confide ntiality 
laid down in these regulations must be respected. The conclusions of the hearing shall be recorded 
in the minutes, which shall be signed by the representatives of the Investigating Authority and by 
the parties involved.  
Within five working days fo llowing the hearing, the parties shall submit in writing all the arguments 
put forward orally during the hearing. In evaluating the hearing, the Investigating Authority shall 
only take into account arguments expressed in writing.  
Article  51. (VERIFICATION VISITS). The Investigating Authority is authorized to visit offices or 
premises where information relating to the case is to be found to check and verify the contents of 
the information sent in response to the questionnaires and the documentation and evide nce 
submitted in the course of the investigation.  
These visits shall include trips to domestic producers and importers of the products under 
investigation and to producers and exporters of the country of origin or exportation for the purpose 
of verifying t he content and truthfulness of the information furnished by the parties, provided that 
the enterprises investigated or the interested parties agree thereto.  
The enterprises of the exporting country concerned shall be given no less than 15 working days' 
notice of the visit, together with details of the information to be verified. Where the government of 
the exporting country or, where appropriate, the manufacturer of the product under investigation 
does not agree to verification, the Investigating Authority shall base its decisions on the best 
information available. The results of the on -the-spot investigation must be recorded, in summary 
form, in minutes signed by the parties concerned.  
Article  52. (BEST INFORMATION AVAILABLE). If an interested party refuses  access to, or 
otherwise does not provide, the necessary information within a reasonable period or significantly 
impedes the investigation, all decisions in the course of the proceeding shall be taken on the basis 
of the best information available.  
When th e Investigating Authority requires the participation of the applicant or any interested party 
in order to verify information provided for the investigation in good time and proper form, it shall 
inform the applicant or interested party thereof in advance. If the applicant or an interested party 
does not agree to verification, the information provided by the other party shall be deemed to be G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  correct, unless there is evidence to the contrary. During the investigation period, any interested 
party may submit it s arguments, together with evidence which, in its opinion, supports those 
arguments.  
Article  53. (CONCLUDING ARGUMENTS). Up to 15 working days before the expiration of the 
established period for the Investigating Authority to terminate the investigation, t he interested 
parties may submit written arguments that support their case. Once this period has expired, no 
further reports, documents or evidence may be introduced. The Investigating Authority shall give 
the interested parties 15 working days' notice of the expiry of the period for the submission of 
arguments.  
Article  54. (TERMINATION OF THE INVESTIGATION). Once the period for concluding 
arguments has expired and before the expiration of the investigation period, the Investigating 
Authority, on the basis of the evidence and information in the file, shall draw up a technical report 
that shall terminate the investigation.  
Article  55. (TECHNICAL REPORT). I.  For the positive or negative determination of material injury 
or threat thereof or material retardation  of the establishment of a domestic industry, the 
Investigating Authority shall produce a technical report for closure of the investigation.  
The technical report shall contain all the relevant information available; set out all factors of an 
objective or q uantifiable nature having a bearing on the determination; include evidence of unfair 
practices in imports of the product under investigation and the alleged serious injury or threat thereof 
that those imports inflict on the domestic industry; evaluate or e stimate the likely effects of a 
provisional or definitive measure, as appropriate; state the Investigating Authority's findings and 
conclusions regarding relevant matters of fact and law; and provide the recommendation on the 
appropriateness of the anti -dumping or countervailing measure. The technical report shall be part 
of the file.  
II. Where there is sufficient evidence that unfair practices in the import of the product under 
investigation has caused material injury, a threat thereof or material retardat ion of the establishment 
of a domestic industry, the Investigating Authority shall deem the investigation closed through a 
technical report and make a recommendation on the appropriateness of imposing anti -dumping 
measures or provisional or definitive coun tervailing measures.  
Furthermore, the Investigating Authority shall submit the file, the technical report and any other 
necessary documents to the Committee on the Evaluation of Trade Practices, which shall analyse 
and determine the appropriateness of any anti -dumping measures and countervailing duties for the 
application of the measure.  
Based on the aforementioned technical report and the accompanying recommendation on the 
appropriateness of the anti -dumping measure or definitive cou ntervailing duties, the Committee on 
the Evaluation of Trade Practices shall analyse the file, the technical report and other necessary 
documents presented by the Investigating Authority.  
Based on analysis of the general interest, the Committee on the Eval uation of Trade Practices shall 
determine whether the measure is appropriate. If the measure is deemed appropriate, it shall 
determine the level of the anti -dumping and countervailing duties and shall authorize the Ministry 
of the Economy and Public Financ e to develop a draft supreme decree.  
III. Definitive measures shall be adopted by Supreme Decree.  
IV. If the technical report does not establish that there is sufficient evidence that the material injury, 
threat thereof or material retardation of the estab lishment of a domestic industry is caused by unfair 
trade practices in relation to the product under investigation, the Investigating Authority shall deem 
the investigation to be closed without imposing definitive anti -dumping or countervailing duties, in 
which case it shall also request the release of any securities established as provisional anti -dumping 
or countervailing measures. The determination referred to in this paragraph shall be published in a 
national morning newspaper.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  CHAPTER XI  
DEFINITIVE DUT IES 
Article  56. (DEFINITIVE DUTIES). When a definitive anti -dumping or countervailing duty is 
imposed, it shall be levied in the amounts indicated in the Supreme Decree, irrespective of the 
importer, on imports of the product found to be dumped or subsidiz ed and causing injury to an 
industry in the Plurinational State of Bolivia.  
Article  57. (PAYMENT OF ANTI -DUMPING AND COUNTERVAILING DUTIES). I.  Definitive 
duties may not be secured and must be paid in cash. Bolivian National Customs shall not authorize 
the clearance of goods affected by definitive anti -dumping or countervailing duties unless 
indisputable evidence has been provided that the duties have been paid.  
II. Definitive anti -dumping and countervailing duties shall be paid according to the goods' c.i.f. value 
at the border, their weight, or their volume using any other unit of measurement, as set out in the 
Supreme Decree on the adoption of measures, and are due as soon as the goods declaration is 
accepted.  
CHAPTER XII  
RETROACTIVITY AND IMPLEMENTATION MEASURES  
Article  58. (RETROSPECTIVE APPLICATION OF DUTIES). Anti-dumping and countervailing 
duties may be applied retroactively only in cases of a final affirmative determination of material 
injury to the domestic industry.  
When a final affirmative determi nation of threat of material injury to the domestic industry is made, 
the retroactive application of anti -dumping or countervailing duties shall only be allowed where the 
effect of the dumped or subsidized imports in the absence of the provisional measures  would have 
led to a determination of material injury to the domestic industry.  
A definitive anti -dumping or countervailing duty may only be collected on imports that are the 
subject of unfair practices whose date of shipping, as certified in the correspon ding document of 
carriage, is up to 90 days prior to the application of the provisional measures and where it is verified 
that: 
(a) There is a history of dumping or subsidies causing injury to the domestic industry or 
the importer was, or should have been,  aware that the producer or exporter practised 
dumping or that the goods were subsidised and the dumping or subsidies would cause 
injury; and  
(b) The injury is attributable to massive dumped or subsidized imports of a product within 
a relatively short time  which are likely to seriously undermine the remedial effect of the 
definitive anti -dumping or countervailing duty to be applied.  
Interested importers will be given an opportunity to put forward comments they deem relevant.  
No anti -dumping or countervailin g duties shall be levied on products whose known date of shipping, 
as reflected in the document of carriage, is prior to the initiation of the investigation or to the 
violation of the price undertaking.  
Article  59. (EXCESS AMOUNTS AND REFUNDS). If it is co ncluded that the margin of the 
definitive anti -dumping or countervailing duties was less than the amount of the provisional duties 
applied, an order shall be issued promptly for the overpayment to be reimbursed or for the security 
assigned for the value of  the provisional duties imposed to be repaid or unblocked upon payment of 
the definitive duties applied.  
Any refunds shall be made by the Bolivian National Customs in accordance with the procedures 
established for that purpose.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
- 29 - 
  If the definitive anti -dumpi ng or countervailing duty is greater than the provisional duty paid or 
payable or the amount estimated for the purpose of determining the security, the importer shall not 
be required to pay the difference.  
When the decision to impose definitive measures is  based on the existence of threat of injury or 
material retardation (the injury not yet having occurred), definitive anti -dumping or countervailing 
duties may be established only from date of determination of the existence of threat of injury or 
material r etardation in the establishment of a domestic industry.  
Article  60. (APPLICATION OF THE MEASURE). Bolivian National Customs is the body responsible 
for collecting the anti -dumping and countervailing duties established in the Supreme Decree that 
imposed these measures, in accordance with the provisions of the present regulations.  
Article  61. (DURATION OF THE MEASURE). The anti -dumping or countervailing duty shall remain 
in effect for as long as the causes of the injury or threat thereof that gave rise to the duty continue, 
up to a maximum of five years.  
CHAPTER XIII  
REVIEWS RELATED TO THE APPLICATION OF DUTIES  
Article  62. (REVIEW OF DUTIES). After one year of imposition of definitive duties, the 
Investigating Authority may, ex officio  or upon appli cation by an interested party, order the 
investigation to be re -opened in order to review the duties, if it considers that the conditions which 
led to their being imposed have changed. Once the investigation has been reopened by means of a 
public notice, i t shall be completed within a period not exceeding seven months. Any anti -dumping 
or countervailing duties that have been imposed shall be applied in full until the investigation is 
terminated.  
Article  63. (PURPOSE OF THE REVIEW). In the application for re view, interested parties may 
request that the Investigating Authority examine the margins of dumping or subsidies, the normal 
value and the export price determined during the immediately preceding year and, as a consequence 
of such review, to vary or remov e the duty imposed or terminate acceptance of the price 
undertaking.  
Likewise, interested parties may request that the Investigating Authority examine whether the 
continued imposition of the anti -dumping or countervailing duty or acceptance of the price 
undertaking is necessary to offset the adverse effects of dumping or subsidies.  
Article  64. (SUNSET REVIEW). The time -period for the imposition established in Article 61 may 
be extended where the Investigating Authority, by means of a sunset review initiated  ex officio  or 
upon a duly substantiated request made by or on behalf of the domestic industry at least four months 
before the fifth year, establishes that removing the measure would probably lead to continuation or 
recurrence of the injury that the remova l was intended to correct.  
The review shall be concluded within a period of seven months from the date it commences, which 
may be extended for up to two months in exceptional circumstances.  
The anti -dumping or countervailing duties shall remain in force pending the outcome of the review.  
Article  65. (REVIEW OF THE ACCEPTANCE OF PRICE UNDERTAKINGS). The Investigating 
Authority may carry out reviews for the purpose of determining whether the agreement accepting 
the price undertakings should be extende d. 
If, as a result of the review, it is concluded that it is not necessary to maintain the price undertakings 
that have been acquired, the Investigating Authority shall order the termination of the undertakings, 
as well as of the investigation if the latte r has been suspended.  
Article  66. (REVIEW FOR NEW PRODUCERS OR EXPORTERS). I.  The Investigating Authority, 
at the written request of an exporter or producer of the product subject to definitive anti -dumping G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
- 30 - 
  or countervailing duties, may initiate a review p rocedure to determine the appropriate individual 
margins of dumping or the amount that may be owed in countervailing duties.  
For these purposes, the exporter or producer of the product subject to definitive anti -dumping or 
countervailing duties shall submi t an application accompanied by documentation showing that the 
exporter or producer did not export the product subject to the imposition of anti -dumping or 
countervailing duties during the investigation period and is not related to any exporter or producer  
in the country of the product subject to anti -dumping or countervailing duties in the Plurinational 
State of Bolivia.  
The Investigating Authority shall carry out a review for the purpose of establishing an individual 
weighted average margin of dumping or the amount of countervailing duties for that exporter or 
producer.  
II. If the exporter is not considered to be an exchange economy, a product in the same third country 
used in the procedure immediately prior to initiation of the review shall be indicated f or the purpose 
of determining the normal value.  
III. The applications shall contain at least the following information and evidence:  
(a) The identity of the applicant;  
(b) Evidence to support the determination of the individual margin;  
(c) Evidence of what  is intended to be adduced;  
(d) Accounts and financial information concerning production, sales, inventories, prices and 
profits and information on the plant capacity and employment;  
(e) Identification and justification of confidential information, and a n on-confidential 
summary thereof. If it is indicated that the information is not susceptible of summary, 
a statement of the reasons why summarization is not possible shall be provided;  
(f) An offer to provide the Investigating Authority with any additional documents they may 
request and to facilitate the verification of the information supplied; and  
(g) Information on the normal value and export prices.  
IV. The Investigating Authority shall have two months to determine whether the application was 
properly do cumented.  
V. While the review under this Article is being carried out, the Investigating Authority shall do the 
necessary procedures with the corresponding authorities established in the present regulations to 
suspend the application of definitive anti -dumping or countervailing duties on the exports of these 
producers or exporters. However, imports made after the commencement of the procedure may be 
subject to security while it is decided whether definitive anti -dumping or countervailing duties should 
be im posed on the exports of the said producers or exporters and their individual margins of dumping 
or the amount of countervailing duties. If the decision is affirmative, anti -dumping or countervailing 
duties may also be imposed retroactively, from the date o f initiation of the review procedure.  
VI. The reviews provided for in this Article shall be concluded within a period of four months from 
the date of their initiation, with the final determination establishing the appropriateness of the new 
individual margin of dumping or the amount of countervailing duties. The Investigating Authority 
shall follow the procedure set out in this Annex regarding the imposition or non -imposition of the 
individual dumping margin and the value of countervailing du ties. G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  CHAPTER XIV  
ANTI -CIRCUMVENTION REVIEW  
Article  67. (ANTI -CIRCUMVENTION MEASURES). Circumvention shall be defined as a change 
in the pattern of trade between the country on which the anti -dumping or countervailing duty has 
been imposed or third countri es, on the one hand, and Colombia, on the other, stemming from a 
practice, process or work for which there is insufficient cause or economic justification other than 
the imposition of the anti -dumping or countervailing duty, and where there is evidence tha t the 
remedial effects of the duty are being nullified in terms of the prices or quantities of the like product.  
If the measures in force are circumvented, the anti -dumping or countervailing duties imposed 
pursuant to these regulations may be extended to i mports of like products or parts thereof from 
third countries or countries subject to the anti -dumping duty.  
Without prejudice to other cases of circumvention, an assembly operation in the Plurinational State 
of Bolivia or in a third country shall be consi dered to circumvent the measures in force if the following 
conditions are met:  
(a) Imports coming from the country subject to the duty of another product that has the 
same general characteristics and uses as the product under consideration;  
(b) The parts o r components have been obtained in a country subject to the duties in force 
from the exporter or producer to whom the definitive duty is applied, from suppliers of 
the exporter or the producer or from a party in the exporting country which acts as 
supplier  on behalf of the exporter or producer;  
(c) The product assembled or finished with such parts or components in the Plurinational 
State of Bolivia is a like product to that subject to definitive duties;  
(d) There is evidence of dumping or subsidization of t he product produced with such parts, 
on the basis of a comparison of the price of the product assembled or finished in the 
Plurinational State of Bolivia or in a third country and the normal value previously 
established for the like product when subjected to the definitive duty;  
(e) The operation began or increased substantially from the moment of initiation of the 
anti-dumping or subsidy investigation or just before its initiation;  
(f) The parts account for 60% or more of the total value of the parts of th e assembled 
product. Nevertheless, circumvention shall not be deemed to exist if the combined value 
added of the parts used during the assembly operation is 40% or more of the cost of 
production or meets the rules of origin requirements in the agreements s igned by the 
Plurinational State of Bolivia.  
The facts described above may be evaluated in an investigation to be initiated by the Investigating 
Authority at the request of a party and in respect of which the provision of security may be required 
for impor ts of the products from the countries of origin under investigation. The request shall contain 
sufficient evidence of the factors that cause the circumvention.  
The investigation shall be concluded within a maximum of four months. If the facts justify the 
extension of the measures, the Investigating Authority shall do the necessary procedures with the 
corresponding authorities established in the present regulations to apply the measures.  
CHAPTER XV  
PUBLICATIONS AND NOTIFICATIONS  
Article  68. (PUBLICATIONS AND  NOTIFICATIONS). Both for dumping and for subsidies, once 
the application has been accepted, before initiating the investigation the Investigating Authority, 
through the Ministry of Foreign Affairs, shall notify the government of the exporting country 
concerned.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  If it is appropriate to initiate an investigation, the Investigating Authority shall likewise publish in a 
newspaper with a wide circulation the notice initiating the dumping investigation, expressly 
indicating the dates of initiation and completion  of the investigation, the name of the exporting 
country or countries and the product concerned, the basis of the dumping or subsidy allegation made 
in the application, a summary of the factors on which the injury allegation is based, a contact address 
for the interested parties and the time -period in which the they may submit their views.  
The initiation of the investigation shall be notified through the Ministry of Foreign Affairs to the 
interested parties, as well as to the World Trade Organization's Comm ittee on Anti -Dumping 
Practices and Committee on Subsidies and Countervailing Measures if the country involved is a 
WTO Member, and the Andean Community of Nations if the country is a member of the trade bloc.  
The same procedure shall be followed when the Executive Branch orders provisional and definitive 
measures to prevent and remedy the unfair trade practices. Furthermore, the Supreme Decree 
implementing these measures shall be published in a newspaper with a large circulation in the 
Plurinational St ate of Bolivia, for the information of all concerned.  
For the purposes of publication and notification, the Investigating Authority and the Ministry of 
Foreign Affairs shall have a period of 10 working days from the date of the notice ordering the 
initiati on of the investigation and the Supreme Decree establishing the application of definitive or 
provisional measures.  
Unless a decision has been made to initiate an investigation, the Investigating Authority shall avoid 
publicizing the application for an inve stigation to be initiated.  
The WTO Committee on Anti -Dumping Practices and the Committee on Subsidies and Countervailing 
Measures, as appropriate, shall be notified before the measure is published.  
  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  ANNEX II  
RULES GOVERNING THE IMPLEMENTATION OF SAFEGUARD MEASURES  
CHAPTER I  
GENERAL PROVISIONS  
Article  1. (SCOPE OF APPLICATION). The present Annex establishes the provisions for applying 
safeguard measures – referring to the measures set out in Article XIX of the GATT 1994 (Emergency  
Action on Imports of Particular Products) – in accordance with the WTO Agreement on Safeguards, 
the Cartagena Agreement, the Andean Decisions and the agreements signed by the Plurinational 
State of Bolivia.  
These rules shall be applied in accordance with the relevant provisions of the WTO Agreements. For 
matters not covered by these regulations, WTO and Andean Community of Nations regulations shall 
apply where appropriate, taking precedence over domestic legislation.  
Article  2. (DEFINITIONS). For the purpo ses of these regulations, the following definitions shall 
apply:  
Investigating Authority. - The Vice -Ministry of Fiscal Policy, under the Ministry of the Economy 
and Public Finance, shall be the Investigating Authority responsible for the investigation prov ided 
for under the procedure for the implementation of safeguard measures pursuant to these rules.  
Committee on the Evaluation of Trade Practices. - The Committee shall comprise the Ministries 
of Development Planning, the Economy and Public Finance, Product ion Development and the Plural 
Economy, Foreign Affairs and Rural Development and Lands, through its Higher Executive Authority 
or its duly accredited representative.  
Serious injury to the domestic industry. - A significant overall impairment in the positio n of the 
domestic industry.  
Safeguard measure .- An urgent, temporary measure to counteract serious injury or the threat 
thereof to national production by a significant increase in imports either in absolute terms or relative 
to domestic production.  
Interes ted parties. - Interested parties shall be parties that have shown interest in participating in 
the investigation, including exporters; foreign producers; governments of supplying countries; 
importers; Bolivian producers; representatives of governments that  produce, export or import the 
like or directly competitive product; consumers; and consumer associations.  
Directly competitive product. - A product whose physical characteristics and composition differ 
from those of the imported product under investigation  but that fulfils the same functions, meets 
the same needs and is commercially substitutable.  
Like product. - A product which is identical, i.e. alike in all respects to the imported product, or 
another product which, although not alike in all respects, has  characteristics closely resembling those 
of the product imported.  
General Safeguard. - The Investigating Authority may apply a safeguard measure when the product 
is being imported into its territory in such increased quantities, absolute or relative to dom estic 
production, and under such conditions as to cause or threaten to cause serious injury to the domestic 
industry that produces like or directly competitive products.  
Article  3. (NON -DISCRIMINATION). Safeguard measures adopted pursuant to the provisions  of 
these regulations shall apply to all imports of the product under investigation, irrespective of their 
origin.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  CHAPTER II  
DOMESTIC INDUSTRY  
Article  4. (SCOPE). For the purposes of the present regulations, "domestic industry" shall refer to 
the producer s as a whole of the like or directly competitive products operating in the Plurinational 
State of Bolivia or those whose collective output of the like or directly competitive products 
constitutes a major proportion of the domestic production of those produ cts. 
Article  5. (MAJOR PROPORTION OF THE DOMESTIC INDUSTRY). All domestic producers of the 
like or directly competitive products whose collective output accounts for more than 50% of total 
domestic production of the like product or directly competitive pro ducts.  
If the domestic industry formed by the like or directly competitive products is fragmented, with a 
huge number of producers, 25% could be considered to constitute a major proportion of the domestic 
industry for such products, provided that the situa tion is substantiated and duly verified at the 
discretion of the Investigating Authority.  
CHAPTER III  
SERIOUS INJURY OR THREAT THEREOF TO THE DOMESTIC INDUSTRY  
Article  6. (EXISTENCE OF SERIOUS INJURY). A safeguard measure can only be adopted for a 
product or group of products if, following a prior investigation, it is determined that there is serious 
injury or threat of serious injury to the domestic industry as a result of a significant increase in the 
volume of imports of the imported product. Whe re factors other than those related to the imports 
are causing or threatening to cause serious injury to the domestic industry, their impact shall not 
be attributed to increased imports.  
For the purposes of determining whether there is serious injury to th e domestic industry or a threat 
thereof, the volume of imports of the product under investigation and its effect on the 
aforementioned domestic industry shall be examined, taking into account the following factors.  
(a) Import trends: A significant increase  in the volume of imports of the product under 
investigation, whether in absolute terms or as a share of domestic production or 
consumption.  
(b) Production and sales trends: The effect of the imports under investigation on domestic 
industry variables, including prices, output, profits, utilization of installed capacity, 
inventories, sales, market share and employment level.  
(c) Price trends and impact of the imports: The trend in selling prices for the product on 
the domestic market, as well as the performance that could reasonably have been 
expected in the light of fluctuations in the exchange rate and the performance of price 
indices in the economy, shall be examined in order to determine whether the imports 
have depressed prices or have pre vented price increases that otherwise would have 
occurred.  
(d) The accumulation of inventories of the imported product under investigation in the 
Plurinational State of Bolivia.  
(e) The effect on government policies for the development of the sector or sub  sector; and  
(f) Any other factor causing or threatening to cause serious injury to the domestic industry 
due to the imports under investigation.  
This list of factors is not exhaustive and does not necessarily constitute decisive guidance.  
Article  7. (EXIS TENCE OF A THREAT OF SERIOUS INJURY). For it to be determined that the 
imports pose a threat of serious injury it must be demonstrated that a situation could become a real G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  injury. Such a determination shall not be based on allegations, conjecture, remote p ossibility or 
random possibility.  
When factors other than increased imports are also causing injury to the domestic industry at the 
same time, such injury shall not be attributed to increased imports.  
Article  8. (PERIOD OF EXAMINATION OF THE FACTORS). Unless the Investigating Authority 
determines otherwise, the factors mentioned in this Annex for determining serious injury shall be 
examined with reference to a period comprising the five years preceding the submission of the 
application.  
With regard to threa t of serious injury, the examination period shall be that indicated in this Article, 
unless the domestic producers show that this period is not relevant.  
CHAPTER IV  
APPLICATION PROCEDURES AND INITIATION OF THE INVESTIGATION  
Article  9. (SUBMISSION OF THE AP PLICATION). I. A major proportion of the domestic industry 
of the product under investigation or the association representing that industry may apply in writing 
to the Investigating Authority for it to open an investigation regarding whether to implement 
safeguard measures.  
II. The application mentioned in the previous paragraph shall include evidence showing and proving 
that the injury or threat of injury to the domestic industry is caused by the additional imports. Simple 
assertion shall not be considered  sufficient to meet the requirements of this Article.  
The Investigating Authority shall publish a ruling setting forth the information to be included in the 
application and the format in which it shall be presented.  
The application shall be accompanied by the "Questionnaire for the domestic industry requesting the 
initiation of an investigation", which shall be duly completed, publicly accessible and approved by 
the Investigating Authority.  
Article  10. (RECEIPT AND EVALUATION OF THE APPLICATION). In accorda nce with the above 
Article, applications shall be evaluated by the Investigating Authority within 15 working days of their 
submission.  
Where the application is properly documented and does not require further information, the applicant 
shall be notified of  the initiation of the investigation or denial of the application within an additional 
period of 15 working days.  
If only minor additional information or specific corrections and adjustments to the application are 
required, the applicant shall be instructe d to make the relevant changes within a period of five 
working days from the date on which the request was made.  
Further information, corrections or adjustments shall be evaluated within a period of 10 working 
days from the date of the receipt thereof. At the end of that period, the applicant shall be notified 
of the initiation of the investigation or denial of the application within a period of 15 working days.  
Article  11. (INITIATION OF THE INVESTIGATION). I.  In exceptional circumstances, the 
Investigatin g Authority may initiate the investigation into the implementation of safeguard measures 
ex officio , provided that doing so is in the national interest and that it has sufficient evidence of 
injury or threat thereof to the domestic industry.  
II. The Investigating Authority shall publish a notice announcing the initiation of the investigation 
to the interested parties of which it is aware and to the Ministry of Foreign Affairs within 10 working 
days following the date that the notice was published.  
III. Within 20 working days following the publication date of the notice of initiation of the 
investigation, the Investigating Authority, through a public notice, shall invite the interested parties G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  to express their duly substantiated opinion. The interested parties shall have a period of 20 working 
days from the day following the date of publication of the notice in which to respond. Upon expiry 
of this period, only parties that have indicated their interest in taking part in the investigation shall 
be consid ered interested parties.  
Article  12. (IMPORTATION OF PRODUCTS UNDER INVESTIGATION). The initiation of an 
investigation shall not impede the customs clearance of the product under investigation.  
Article  13. (ADJUSTMENT PROGRAMME). During the 30 calendar day s following publication of 
the notice of initiation of the investigation, the applicant domestic industry shall propose the 
adjustment programme in accordance with Article 35 of the present regulations.  
Should the domestic industry fail to present the adju stment programme in a timely fashion, the 
Investigating Authority shall deem the investigation to be closed.  
CHAPTER V  
PROVISIONAL SAFEGUARD MEASURES  
Article  14. (PROVISIONAL SAFEGUARD). In critical circumstances in which any delay would 
cause damage to th e domestic industry which it would be difficult to repair, once the notice of 
initiation of the investigation has been published, the Investigating Authority, at any stage of the 
investigation and at the request of a party or of its own initiative, shall d raft a preliminary technical 
report recommending whether provisional safeguard measures are appropriate.  
Article  15. (TECHNICAL REPORT). Within 30 calendar days following the date on which the 
application for provisional safeguard measures was received, th e Investigating Authority shall 
present a preliminary technical report containing relevant factors of an objective and quantifiable 
nature and the preliminary determination of whether there is clear evidence that the imports have 
caused or threatened to ca use serious damage to the domestic industry.  
The analysis shall be based on clear evidence that there has been a substantial increase in imports 
over the last six months for which statistics are available, taking into account their volume and 
whether or no t there has been a rapid accumulation of inventories of the domestic product and a 
reduction in sales and profit margins. The preliminary technical report shall be part of the file.  
If there is sufficient evidence for a provisional safeguard measure to be imposed, the Investigating 
Authority shall recommend that provisional safeguard measures would be appropriate.  
If there is insufficient evidence for a provisional safeguard measure, the Investigating Authority shall 
reject the application for the measure a nd shall not impose it.  
The Investigating Authority shall submit the file, the preliminary technical report and any other 
necessary documents to the Committee on the Evaluation of Trade Practices, which shall analyse 
and determine the appropriateness of im plementing the provisional safeguard measure.  
Article  16. (DETERMINATION OF THE PROVISIONAL MEASURE). Based on the 
aforementioned preliminary technical report, which concludes with the recommendation on the 
appropriateness of implementing the provisional s afeguard measure, the Committee on the 
Evaluation of Trade Practices shall analyse the file, the preliminary technical report and other 
necessary documents presented by the Investigating Authority.  
Based on analysis of the public interest and the interest of the State, the Committee on the 
Evaluation of Trade Practices shall determine whether the measure is appropriate. If the measure is 
deemed appropriate, it shall determine the implementation method ( ad valorem , specific, mixed or 
composite duties) for the safeguard measure and shall authorize the Ministry of the Economy and 
Public Finance to develop a draft supreme decree establishing how the measure will be applied.  
The proposed measure shall be implemented by Supreme Decree.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
- 37 - 
  Article  17. (CONSULTATIONS ). Should a provisional safeguard measure be adopted that affects 
exporting countries that are WTO  Members, the Investigating Authority shall immediately work with 
the Ministry of Foreign Affairs to coordinate consultations with the exporting country gover nments 
that have a substantial interest in the product in question, as stipulated in Article 40 of these 
regulations.  
Article  18. (TYPE OF MEASURE). The provisional safeguard measure shall apply only in the form 
of an increase in tariffs.  
Any provisional m easures may take the form of a provisional duty or a security – by cash deposit or 
any other type of security envisaged in the General Customs Law (Law No. 1990) and its 
implementing regulations – equal to the amount of the safeguard tariff provisionally e stimated.  
Article  19. (DURATION). A provisional safeguard measure shall remain in effect until a definitive 
safeguard measure is adopted or it is decided not to impose one. Its duration shall not in any case 
exceed 200 calendar days.  
During this period, th e investigation shall continue as provided in these regulations in order to decide 
whether or not a definitive safeguard measure should be imposed.  
The duration of a provisional safeguard measure shall be added to the initial period of application of 
the definitive measure.  
Provisional measures shall not be implemented during the two months following the initiation of the 
investigation.  
CHAPTER VI  
INVESTIGATION PERIOD AND EVIDENTIARY ASPECTS FOR THE DETERMINATION  
AND IMPOSITION OF DEFINITIVE MEASURES  
Articl e 20. (INVESTIGATION PERIOD). The Investigating Authority shall have a maximum period 
of seven months from the date of publication of the notice announcing the initiation of the 
investigation to conduct and conclude the investigation. In exceptional circum stances, the 
investigation period may be extended for an additional two months.  
Within the aforementioned period, the Investigating Authority may request, receive, collect and 
verify information, receive allegations from interested parties regarding whethe r implementing the 
safeguard measure is in the public interest, hold public hearings and request any evidence it deems 
relevant.  
Article  21. (INFORMATION REQUESTS). During the investigation period, the Investigating 
Authority may request and gather any evidence it considers to be pertinent. The Investigating 
Authority may request any data that it deems necessary for the fulfilment of its tasks or that may 
contribute to the smooth running of its investigation from the various public administration 
departm ents of or private sector bodies, which shall provide a sufficiently detailed response to the 
request within 10 working days, unless otherwise specified by the Investigating Authority.  
Information received pursuant to these regulations may be used only for  the purpose for which it 
was requested.  
Article  22. (PRESENTATION OF INFORMATION FROM THE INTERESTED PARTIES). The 
interested parties shall respond to information requests from the Investigating Authority within 
30 calendar days, counting from the day aft er the one on which the request was made.  
The information, responses, supporting documents and other evidence submitted by the parties shall 
be submitted in writing and shall be in Spanish or accompanied by an official translation.  
If required by the Inves tigating Authority for its analysis, the information shall be submitted in 
electronic form.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
- 38 - 
  Article  23. (PUBLIC HEARING). At the request of a party or ex officio , the Investigating Authority 
may, once only, convene the interested parties to a public hearin g within the period referred to in 
Article 20 so that they may put forward their arguments and comments on the claims made by the 
parties during the investigation.  
The interested parties shall be convened by public notice up to 10 working days before the d ate set 
by the public notice.  
The interested parties shall have the right to present information orally at the public hearing. Such 
information may be considered for the determinations during the course of the investigation. The 
conclusions of the hearing shall be recorded in the minutes, which shall be signed by the 
representatives of the Investigating Authority and by the parties involved.  
Within five working days following the hearing, the parties shall submit in writing all the arguments 
put forward ora lly during the hearing. In evaluating the hearing, the Investigating Authority shall 
only take into account arguments expressed in writing.  
There shall be no obligation on any party to attend a hearing, and failure to do so shall not be 
prejudicial to that  party's case.  
Article  24. (VERIFICATION VISITS). The Investigating Authority is authorized to visit offices or 
premises where information relating to the case is to be found to check and verify the contents of 
the information sent in response to the quest ionnaires and the documentation and evidence 
submitted in the course of the investigation.  
These visits shall include trips to domestic producers and importers of the products under 
investigation for the purpose of verifying the content and truthfulness of  the information furnished 
by the parties, provided that the enterprises investigated or the interested parties agree thereto.  
The enterprises shall be given no less than 15 working days' notice of the visit, together with details 
of the information to be verified. Where the manufacturer of the product under investigation does 
not agree to verification, the Investigating Authority shall adopt decisions based on the best available 
information. The results of the on -the-spot investigation must be recorded, in  summary form, in 
minutes signed by the parties concerned.  
Article  25. (BEST INFORMATION AVAILABLE). If an interested party refuses access to, or 
otherwise does not provide, the necessary information within a reasonable period or significantly 
impedes the investigation, all decisions in the course of the proceeding shall be taken on the basis 
of the best information available.  
Likewise, where the Investigating Authority finds that an interested party has submitted incorrect 
or misleading information, this s hall not be taken into account in its evaluation and findings.  
Article  26. (FILE CONTAINING INFORMATION). All documents, evidence and information 
submitted by the interested parties or collected by the Investigating Authority shall be archived 
chronologica lly in a single file consisting of two parts: one containing public information and another 
containing confidential information.  
Upon request in writing, the interested parties shall have access to all the information contained in 
the public part of the fi le. 
Article  27. (TERMINATION OF THE INVESTIGATION). Once the public hearing has taken place, 
the Investigating Authority, if necessary and on the basis of the evidence and information in the file, 
shall draw up a technical report that shall terminate the i nvestigation referred to in this Chapter.  
Article  28. (TECHNICAL REPORT). I.  For the positive or negative determination of serious injury 
or threat thereof, the Investigating Authority shall produce a technical report for closure of the 
investigation.  
The technical report shall contain all the relevant information available and sh all set out all factors 
of an objective or quantifiable nature having a bearing on the situation of the domestic industry, G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
- 39 - 
  especially the pace and size of the increase in imports of the product in absolute and relative terms; 
the share of the domestic mark et taken by the additional imports; and changes in the level of sales, 
production, productivity, capacity utilization, profits and losses, and employment. The report shall 
also provide objective evidence of a causal link between the additional imports of t he product in 
question and the serious injury or threat thereof; provide evidence of the alleged serious injury or 
threat thereof that those imports inflict on the domestic industry; evaluate or estimate the likely 
effects of a provisional or definitive me asure; evaluate the information presented or collected in 
terms of the public interest; state the Investigating Authority's findings and conclusions regarding 
relevant matters of fact and law; and provide the recommendation on the appropriateness of the 
safeguard measure. The technical report shall be part of the file.  
II. Where there is sufficient evidence that the additional imports of the product under investigation 
have caused or threatened to cause serious injury to the domestic industry and that there  is a causal 
link, the Investigating Authority shall deem the investigation closed through a technical report and 
make a recommendation on the appropriateness of imposing anti -dumping measures or provisional 
or definitive safeguard measures and what form s uch measures should take.  
Moreover, the Investigating Authority shall submit the file, the technical report and any other 
necessary documents to the Committee on the Evaluation of Trade Practices, which shall analyse 
and determine whether the safeguard mea sure should be implemented and what form it should take.  
Based on analysis of the public interest, the Committee on the Evaluation of Trade Practices shall 
determine whether the measure is appropriate. If the measure is deemed appropriate, it shall 
determi ne the quantity and type of safeguard measures and shall authorize the Ministry of the 
Economy and Public Finance to develop a draft supreme decree.  
III. Safeguard measures shall be adopted by Supreme Decree.  
IV. If the technical report does not establish that there is sufficient evidence that the serious damage 
or threat thereof to the domestic industry is caused by imports of the product under investigation 
and the causal link, the Investigating Authority shall deem the investigation to be closed without 
imposing definitive safeguard measures and shall also request the release of any securities 
established as provisional safeguard measures. The determination referred to in this paragraph shall 
be published in a national morning newspaper.  
CHAPTER VII  
ADOPT ION OF SAFEGUARD MEASURES  
Article  29. (SAFEGUARD MEASURES). A safeguard measure shall be applied only to the extent 
necessary to prevent or remedy serious injury or threat thereof to the domestic industry and to 
facilitate adjustment.  
The safeguard measure applied shall preferably be a tariff increase and a quantitative restriction 
shall be applied to the product under investigation only if it is not possible to apply a tariff increase.  
Article  30. (SAFEGUARD MEASURES IN THE FORM OF TARIFFS ). I. Definitive duties may not 
be secured and must be paid in cash. Bolivian National Customs shall not authorize the clearance of 
goods affected by safeguard measures in the form of tariffs unless indisputable evidence has been 
provided that the duties h ave been paid.  
II. Definitive safeguard measures in the form of tariffs shall be paid according to the goods' 
c.i.f. value at the border, their weight or their volume using any other unit of measurement, as set 
out in the Supreme Decree on the adoption of measures, and are due as soon as the goods 
declaration is accepted.  
Article  31. (QUANTITATIVE RESTRICTIONS). Where the safeguard measure adopted is in the 
form of a quantitative restriction, the following obligations shall be taken into account:  
(a) A quan titative restriction shall not reduce the volume of imports below the average level 
of imports over the last three years representative of regular trade flows for which G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
- 40 - 
  statistics are available, unless it can be shown that a different level is necessary to  
prevent or remedy the serious injury to the domestic industry; and  
(b) In cases in which a quota is allocated among supplying countries, the allocation of 
shares in the quota may be agreed with member countries that have a substantial 
interest in supplyin g the product concerned. In cases in which this method is not 
reasonably practicable, shares shall be allotted to supplying members having a 
substantial interest in supplying the product based upon the proportions of the total 
quantity or value of imports of the product supplied by each member during the 
representative period, due account being taken of any special factors which may have 
affected or may be affecting the trade in the product.  
Subject to consultation with exporting members that have a substan tial interest and under the 
auspices of the WTO Committee on Safeguards, a different form of allotting shares may be used in 
exceptional circumstances if it can be demonstrated that:  
(i) Imports from certain members have increased by a disproportionate per centage 
in relation to the total increase in imports of the product under investigation in 
the representative period;  
(ii) There are justified reasons for making an exception; and  
(iii) The conditions of distribution are equitable to all suppliers of the p roduct under 
investigation.  
This exception may not be applied in cases of a threat of serious injury.  
The criteria for allotting import quotas regulated in this Article shall be established in the Supreme 
Decree determining how the measure will be implemen ted. 
Article  32. (APPLICATION OF THE MEASURE). Bolivian National Customs is the body responsible 
for collecting tariffs and for applying the quantitative restrictions established in the Supreme Decree 
determining how the measure will be implemented, in acc ordance with the provisions of the present 
regulations.  
Article  33. (EXCESS AMOUNTS AND REFUNDS). If it is concluded that the amount of a definitive 
safeguard measure is smaller than the amount of the provisional measure applied, an order shall be 
issued p romptly for the overpayment to be reimbursed or for the security assigned for the value of 
the provisional duties imposed to be repaid or unblocked upon payment of the definitive duties 
applied.  
Any refunds shall be made by the Bolivian National Customs in  accordance with the procedures 
established for that purpose.  
If the amount of the definitive safeguard measure is greater than the provisional duty paid or payable 
or greater than the amount estimated for the purpose of determining the security, the impor ter shall 
not be required to pay the difference.  
Article  34. (DURATION OF THE MEASURE). Safeguard measures shall only be applied for as long 
as may be necessary to prevent or remedy serious injury or threat thereof and to facilitate 
adjustment of the domes tic industry concerned. The period shall not exceed four years, including 
the period of application of any provisional measure, unless it is extended pursuant to Chapter XIII 
of these regulations.  
In any event, the total period of application of a safeguar d measure, including the period of 
application of any provisional measure, the period of initial application and any extension thereof 
shall not exceed 10 years, as set out in Article 9 of the Agreement on Safeguards.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  CHAPTER VIII  
ADJUSTMENT PROGRAMME  
Article 35. (ADJUSTMENT PROGRAMME). The adjustment programme is the set of actions that 
the party requesting the safeguard measures commits to undertake to supplement a safeguard 
measure during the entire period that it is implemented. The purpose of the progr amme is to improve 
producers' competitiveness and adjust their production activities to foreign competition, which shall 
be approved by the Investigating Authority.  
All non -government economic entities linked to the activity in question may participate in drawing 
up the draft adjustment programme.  
The adjustment programme shall derive from analysis of the factors that influence and determine 
the competitiveness of the sector. The programme shall establish the action to be carried out and 
estimate the period it will take to implement that action. If the safeguard measure is imposed, those 
actions and periods shall be monitored and inspected by the Investigating Authority.  
In terms of the applicability of the adjustment programme for the period during wh ich the definitive 
safeguard measures are valid, the party requesting the safeguard measures may make appropriate 
changes to the programme. The Investigating Authority must approve the programme.  
Article  36. (FAILURE TO PRESENT THE ADJUSTMENT PROGRAMME). Should the domestic 
industry fail to present the adjustment programme, its progress or its goals in a proper and timely 
fashion, either the Investigating Authority shall issue a notification ending the investigation or a 
Supreme Decree shall be issued suspe nding the safeguard measure.  
CHAPTER IX  
CONFIDENTIALITY  
Article  37. (CONFIDENTIAL INFORMATION). Any confidential information submitted by the 
parties in an investigation concerning the application of safeguard measures shall be treated as such 
by the Investigating Authority, upon cause being shown, and shall not be disclosed without the 
express consent of the party submitting it. Information shall be considered confidential either if its 
disclosure or publication might injure the competitive position o f the enterprise concerned or have 
a significantly adverse effect upon the person supplying the information or if it is provided on a 
confidential basis.  
A separate file, which may be inspected only by the Investigating Authority, shall be opened for 
confidential information provided by the applicant or other interested parties.  
Any party that submits confidential information shall attach a non -confidential summary that shall 
be in sufficient detail to permit a reasonable understanding of the substance of t he information 
submitted in confidence. In exceptional circumstances, such parties may explain why such 
information is not susceptible of summary.  
If the Investigating Authority believes that a request for confidentiality is not warranted and if the 
party concerned does not wish to make the information public or to authorize its disclosure in 
generalized or summary form, the Investigating Authority shall disregard such information. The 
provider may request that such information be removed from the file.  
Article 38. (THE PROCESSING OF CONFIDENTIAL INFORMATION). No confidential 
information contained in any document prepared by the Investigating Authority that contains 
confidential information shall be divulged, except in the cases permitted by these regulation s. 
The designation of information as confidential shall not impede the provision of general information 
and the evidence on which decisions adopted are based.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  The interested parties identified as such by the Investigating Authority and the representatives of 
exporting countries may have access to any information gathered during the investigation, except 
that of a confidential nature.  
Article  39. (ACCESS TO CONFIDENTIAL INFORMATION). Government officials appointed by 
the Investigating Authority to conduct th e investigation shall have access to confidential information 
as part of their official duties.  
Where documents contain confidential information, the Investigating Authority shall clearly identify 
them as confidential at the start of the document and shall  mark the confidential parts within the 
relevant texts and tables.  
Documents containing confidential information held by government may only be reproduced by the 
Investigating Authority.  
CHAPTER X  
LEVEL OF CONCESSIONS AND CONSULTATIONS  
Article  40. (CONSULT ATIONS). As soon as a provisional measure is adopted and before a 
definitive safeguard measure is imposed or extended, the Investigating Authority shall work in 
coordination with the Ministry of Foreign Affairs to initiate consultations with the government s of the 
exporting countries involved that have a substantial interest.  
The consultations shall be held within 30 days and serve, inter alia , to consider the evidence of 
serious injury or threat thereof to the domestic industry as a result of imports of th e product under 
investigation, to exchange views on the measure and to seek an understanding on ways of 
concluding trade compensation agreements to compensate for the measure's adverse effects on 
trade.  
Once the consultation period has ended, the Plurinati onal State of Bolivia may adopt the safeguard 
measure it deems appropriate even if there is no agreement with the governments of the exporting 
countries involved.  
Article  41. (CONCESSIONS). By implementing safeguard measures or extending their duration, 
the Plurinational State of Bolivia will try to maintain a substantially equivalent level of concessions 
and other obligations to that existing under GATT 1994 between it and the exporting Members which 
would be affected by such a measure.  
1. For the purposes  of this Article, agreements may be made, through the consultations 
referred to in the previous Article, regarding any adequate means of trade compensation 
for the adverse effects of the safeguard measures on trade.  
2. When taking a decision to introduce a  safeguard measure, the Bolivian Government 
shall also consider the fact that, in cases where no agreement is reached concerning 
adequate compensation, the interested governments may, under the terms of the 
Agreement on Safeguards of GATT 1994, suspend sub stantially equivalent concessions, 
as long as such suspension is not disapproved of by the WTO Council for Trade in Goods.  
3. The right to suspend equivalent concessions shall not be exercised for the 
first three  (3) years that a safeguard measure is in ef fect, provided that it has been 
adopted as a result of an absolute increase in imports.  
CHAPTER XI  
NOTIFICATIONS  
Article  42. (AUTHORITY RESPONSIBLE FOR NOTIFICATIONS). The Ministry of Foreign Affairs 
shall be responsible for issuing notifications to the relevant WTO bodies, as stipulated in the present 
regulations.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  Article  43. (NOTIFICATION TO THE COMMITTEE ON SAFEGUARDS). In compliance with the 
requirements set by the WTO Safeguards Committee, the Ministry of Foreign Affairs, within 10 
working days following publication of the corresponding decision, should notify the WTO Safeguards 
Committee of the following:  
(a) The initiation of an investigation;  
(b) A decision by the Plurinational State of Bolivia to impose a provisional safeguard  
measure, which shall be notified following its adoption;  
(c) The Bolivian Government's decision to apply or extend a safeguard measure; and  
(d) The outcome of the consultations referred to in Articles 31 and 40 of these regulations 
and, where appropriate,  the agreed compensation or the suspension of concessions or 
other obligations.  
Article  44. (NOTIFICATION TO THE COUNCIL FOR TRADE IN GOODS). The Ministry of Foreign 
Affairs, within 10 working days following publication of the corresponding decision, shall  notify the 
Council for Trade in Goods of the following, through the WTO Committee on Safeguards:  
(a) The outcome of the consultations referred to in Article 40 of these regulations;  
(b) Trade compensation agreements;  
(c) Suspension of concessions and othe r obligations.  
CHAPTER XII  
MONITORING AND REVOCATION OF SAFEGUARD MEASURES  
Article  45. (MONITORING). For the purposes of monitoring the implementation of safeguard 
measures, Bolivian National Customs shall inform the Investigating Authority once a quarter of the 
volumes and values of imports of products subject to safeguard measures, according to the country 
of origin and country source, and volumes and values of duties collected or guaranteed.  
Article  46. (MID -TERM REVIEW). When a safeguard measure  is adopted for an initial period 
exceeding three years, half way through the period of application of the measure, the Investigating 
Authority shall ex officio  review the situation, including trends in the factors that determined the 
serious injury or thr eat thereof, in order to establish whether it is necessary to maintain the measure, 
withdraw it or increase the pace of liberalization.  
For this purpose, the Investigating Authority shall require the producers identified in the initial 
application to submi t, inter alia , the following information:  
(a) Import trends over the preceding years (volume, price and country of origin) for which 
information is available;  
(b) Information on production levels, utilization of installed capacity, inventories, 
productivit y, sales and prices on the domestic market, domestic market share, profit 
and loss accounts, and employment for the preceding calendar years and the quarters 
of the current year completed one month before the request for information; and  
(c) Detailed infor mation on the adjustment or modernization programme adopted or being 
implemented by each producer.  
Depending on the circumstances, the Investigating Authority may request additional relevant 
information in order to establish whether it is necessary to main tain the safeguard, withdraw it or 
increase the pace of liberalization.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  Within the following 30 calendar days, the enterprises concerned shall submit the information 
requested and the supporting evidence and shall request the information and evidence they deem 
necessary. They shall also identify the information they consider confidential, giving their reasons 
for doing so.  
Where it deems necessary, the Investigating Authority shall hold a hearing or visit the facilities of 
the domestic producers it consider s relevant, notifying its intention and purpose at least 15 working 
days before the hearing or visit.  
Within 60 calendar days following receipt of the information or the date of the hearing or visit 
mentioned in the preceding paragraph, as appropriate, the  Investigating Authority shall carry out its 
mid-term evaluation report in order to determine whether or not it is appropriate to maintain or 
withdraw the measure or increase the pace of liberalization.  
The mid -term evaluation report and its recommendation  on whether or not it is appropriate to 
maintain or withdraw the measure or increase the pace of liberalization shall be forwarded to the 
Committee on the Evaluation of Trade Practices for analysis. If the Committee deems that the 
measure should be revoked  or amended to accelerate the pace of liberalization, it shall authorize 
the Ministry of the Economy and Public Finance to draft the appropriate Supreme Decree.  
Article  47. (EVALUATION OF THE ADJUSTMENT PROGRAMME). During the investigation or the 
mid-term review, the Investigating Authority shall evaluate the adjustment programme submitted 
and may propose amendments thereto.  
Verification of compliance with the adjustment programme proposed by the applicant party shall be 
a necessary requirement for extensio n of the measure applied.  
Article  48. (GRADUAL LIBERALIZATION OF THE MEASURE). In order to facilitate adjustment 
in a situation where the expected duration of a safeguard measure is over one year, the measure 
shall be progressively liberalized at regular i ntervals during the period of application.  
The pace of liberalization of measures shall be specified in the Supreme Decree adopting them, 
taking into account the period necessary to prevent or remedy the serious injury and facilitate 
adjustment, as well as the possibilities of extending the measure.  
CHAPTER XIII  
EXTENSION OF SAFEGUARD MEASURES  
Article  49. (CONDITIONS FOR EXTENDING THE MEASURE). A request to extend the 
implementation period of a safeguard measure can be made ex officio  or at the reque st of a major 
proportion of the domestic industry affected, provided that another investigation is held according 
to the procedure laid down in this Annex, that there are grounds for continuing to impose the 
safeguard measure in order to prevent or remedy the serious injury or threat thereof, and that there 
is evidence that the domestic industry is adjusting.  
A request for extension shall be submitted seven months before the expiry of the term of the 
safeguard measure being applied and the relevant provisio ns regarding the intended procedure for 
adopting the original measure, the level of concessions, notifications and consultations established 
in the present regulations.  
Article  50. (CONSULTATIONS). If the Investigating Authority decides to recommend extend ing 
the definitive safeguard measure involving exporting WTO -member countries and provisional 
measures have not been established as part of the investigation, the Investigating Authority will 
immediately work with the Ministry of Foreign Affairs in coordin ating the start of consultations with 
the governments of the exporting countries involved that have a substantial interest.  
Article  51. (MODIFICATION OF TIME -PERIODS). In order to extend a safeguard measure, the 
maximum period during which interested parti es may inform the Investigating Authority of their 
interest in participating in the investigation is 10 working days.  G/ADP/N/1/BOL/3 • G/SCM/N/1/BOL/3 • G/SG/N/1/BOL/2  
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  The maximum period for the Investigating Authority to conduct tests and draft the Technical Report 
is 20 working days.  
Article  52. (TYPE O F MEASURE). When a safeguard measure is extended, it shall not be more 
restrictive than the one in force at the end of the initial period. The progressive liberalization 
considered appropriate in relation to the adjustment plan shall continue during the pe riod of 
extension.  
CHAPTER XIV  
RENEWED APPLICATION OF A SAFEGUARD MEASURE  
Article  53. (PROHIBITION AND RENEWED APPLICATION). No new measure may be applied 
to the same product before two years have elapsed since the end of the duration of a safeguard 
measur e. 
If the safeguard measure has been applied for a period of over four years, the prohibition contained 
in the previous paragraph shall apply after a period equal to half the period of its duration has 
elapsed.  
Notwithstanding the above, safeguard measures  of a duration not exceeding 180 days may be 
applied again to imports of the same product in cases where:  
(a) At least one year has elapsed since the date of introduction of the safeguard measure 
on the import of the product concerned; and  
(b) Such a measu re has not been applied to the same product more than twice in the 
five-year period immediately preceding the date of introduction of the safeguard 
measure.  
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