G/ADP/Q1/SLV/10  
G/SCM/Q1/SLV/10  
G/SG/Q1/SLV/9  
 
24 July 2019  
(19-4911) Page: 1/8 
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  RELEVANT AGREEMENTS  
REPLIES TO THE QUESTIONS POSED BY T HE UNITED STATES1 
REGARDING  THE NOTIFICATION OF EL SALVADOR2 
The following communication, dated  22 July 2019, is being circulated at the request of the delegation 
of El Salvador . 
 
_______________  
 
 
General3 
 
Question 1  
 
Is the meaning of the word "linked " in the second paragraph of Article 4(j) of the Special 
Law on Trade Defence the same as the word "related " in the third paragraph of that 
section?  If not, please indicate what "linked " is intended to mean.  
 
Reply  
 
The word "linked" in the second paragraph  of Article 4(j) of the Special Law  on Trade Defence 
[hereinafter: Special Law] has the same meaning as the word "related" in the third paragraph of 
Article 4(j).  (Both "linked" and "related" co rrespond to t he word "vinculados" in the Spanish version 
of the Special Law ). 
 
Question 2  
 
The second sentence of Article 25(e) of the Special Law states that "[i]n assessing the 
nature of subsidies [in a threat determination], account may be taken of such aspects as 
their term of validity, their level, or the group of exporters that they cover. " Based on this, 
please clarify:  
 
a. What is meant by the phrase "term of validity "? 
Reply  
This refers to the peri od (days, months or years) for which the recipient has benefited from the 
subsidy.  
                                                
1 G/ADP/Q1/SLV/8 - G/SCM/Q1/SLV/8 - G/SG/Q1/SLV/7 (dated 28 March 2017).  
2 G/ADP/N/1/SLV/3/Suppl.1 - G/SCM/N/1/SLV/3/Suppl.1 - G/SG/N/1/SLV/3/Suppl.1 
(dated  3 November  2016).  
3 For the sake of efficiency, the United States suggests that committee review for questions 1 -13 and 
14-19 be conducted in the Committee on Anti -Dumping Practices and Committee on Safeguards, respectively.  G/ADP/Q1/SLV/10 • G/SCM/Q1/SLV/10 • G/SG/Q1/SLV/9  
 
- 2 - 
 
  b. Does the phrase "their level " mean that the authority takes the magnitude of the 
subsidy rate into account in its analysis?  
Reply  
The expression "their level" relates to the m agnitude of the subsidy rate.  
In this regard, Article 4(a) of the Special Law defines  the "total amount of the subsidy" as "the 
absolute monetary value, expressed in United States dollars, of the benefit enjoyed by the recipient 
of a subsidy or subsidy pro gramme ". 
Question 3  
 
The second paragraph of Article 34 of the Special Law notes that "[t]he resolution to 
initiate an investigation shall be notified directly to the exporter or through the diplomatic 
representative of the exporting country accredited to El Salvador …" (emphasis added).  
Article 40, paragraph 3 makes a similar statement about questionnaires being delivered 
through "their respective government. " Please confirm that El Salvador will directly notify 
all known interested parties as required by Article  12.1 of the Agreement on 
Implementati on of Article VI of the General  Agreement on Tariffs and Trade 1994 ( "Anti-
Dumping Agreement ") and Article 12.1.3 of the WTO Agreement on Subsidies and 
Countervailing Measures ( "SCM Agreement "). 
 
Reply  
 
El Salva dor reserves the right  to notify directly  all known interested  parties  and also the right to 
notify the exporter through a diplomatic representative  of the exporting country accredited to 
El Salvador, in accordance with Article 6.1.1 and footnote 15 of the Agreement on Implementation 
of Article VI of the General Agreement on Tariffs and Trade 1994 ("Anti -Dumping Agreement").  
 
Question 4  
 
Article 39 of the Special Law covers the maintenance of files and access to certain types 
of information.  With this in  mind, please reply to the following:  
 
a. Please provide examples of the types of information that would be treated as 
"restricted " and "confidential " and explain what differentiates the two.  
b. The first paragraph of Article 39 concludes with, "[t]his information may not be 
disclosed during the investigation process. " Please clarify the type of information 
that may not be disclosed (e.g. restricted or confidential) and whether disclosure 
refers t o public disclosure, disclosure to interested parties, or some other entity.  
c. Please clarify whether restricted or confidential information can be disclosed 
following the investigation process.  
d. What consequences are in place if this information is disclosed  prior to closing 
of the investigation?  
e. Please explain the access provided to the public and interested parties with 
regard to the non -confidential file and the restricted file after the investigation 
process is complete.  
f. Does the non -confidential file inc lude restricted documents and public 
documents or only public documents?  
g. Please explain how Article 39, which states that responses to questionnaires and 
written communications to the Investigating Authority would be placed in the  
non-confidential file (Ar ticle 39(b)), interfaces with Article 38, which concerns 
confidential information.  For example, would the Investigating Authority place G/ADP/Q1/SLV/10 • G/SCM/Q1/SLV/10 • G/SG/Q1/SLV/9  
 
- 3 - 
 
  responses to questionnaires and written communications in the non -confidential 
file even if they include confidential information?  
Reply  
The category of restricted information  relates to Articles 6 and 19 of the Law on Access to Public 
Information , in force in El Salvador, which defines restricted information as "public information to 
which access is expressl y restricted in accordance with this law on account of a general interest for 
a specified pe riod and on justified grounds ". 
The Law on Access to Public Information also cites  several examples of restricted  information, 
including information that compromise s State strategies  and functions  in judicial  or administrative  
proceedings  in progress , and information that undermines international relations  or the conduct of 
diplomatic  negotiations in the country. Restricted  information will be come  public on expiry of the 
period of restriction , which will general ly be seven years. However, non -confidential  information  is 
placed  in a restricted  file, and so only interested  parties  and their duly accredited representatives  or 
counsel have access  to it. 
Confidential  information is referred to s pecifically by Article 38 of the Special Law on Trade Defence 
and covers i nformation submitted  or provided by interested parties for the purpose of an 
investigation . Hence only the party that provided  the information and the Investigating Authority  
have access to this information , which is placed  in a confidential file and is not disclosed  to other 
interested parties even after the end of the investigation.  
It is important to note that Article 38 provides  that an intereste d party submit ting confidential 
information  must attach non-confidential  summar ies that are sufficiently explicit for other interested  
parties  to have a clear understanding of the information provided. Th ese non -confidential summaries 
are therefore available in the file containing non -confidential information.  
Only public information is  placed in an electronic file available on the website of th e Ministry of the 
Economy.  
Question 5  
 
With regard to Article 41 of the Special Law, please confirm that El Salvador will advise 
the firms it intends to verify of the general nature of the information to be verified and 
any further information which needs to be provided in accordance with paragraph 7 of 
Annex I of the Anti -Dumping Agreement and Annex VI of the SCM Agreement.  
 
Reply  
 
In accordance with Article 41 of the Special Law , Annex I of the Anti -Dumping Agreement and Annex 
VI of the SCM Agreement, the  Investigating Authority shall endeavour to indicate prior to the visit 
the general nature of the information to be verified, without precluding any request s for further  
information during the visit that may arise from the document ary review itself  and the conduct of 
the visit.   
 
Question 6  
 
Article 43 of the Special Law notes that both preliminary and final technical reports will 
be prepared by the investigating authority.  Will these technical reports be made available 
for interested parties ' revie w and comment?  Is there a deadline by which the technical 
reports and the determinations must be finalized and circulated?  Does the Minister of the 
Economy have the ability to modify the level of duties recommended by the investigating 
authority, or, alter natively, to terminate the proceeding without the imposition of duties 
if an affirmative recommendation is made by the investigating authority?  
 G/ADP/Q1/SLV/10 • G/SCM/Q1/SLV/10 • G/SG/Q1/SLV/9  
 
- 4 - 
 
  Reply  
 
The Special Law does not  lay any obligation on the Investigating Authority to make technical reports 
available for interested parties' review and comment. However, the Investigating Authority does 
have an obligation  to notify interested parties  of these reports and also add them to the investigation  
file. In addition to notifying all interested parties, it has been t he practice of the Investigating 
Authority in El Salvador to post on the w ebsite  of the Ministry of the Economy  the various technical 
reports that have been issued . 
 
The deadlines for the Investigating Authority to finalize and circulate technical reports and 
determinations relating to investigations into unfair trade practices and safeguard  measures  are 
established in Article 37 of the Special Law.  
 
Moreover, pursuant to  Article 6.9 of  the Anti -Dumping Agreement, the Investigating Authority issues 
an essential  facts report before making  a final determination , whereby it informs all interested 
parties of the essential  facts that will form the basis for the decision  whether to impose  definitive  
anti-dumping duties, thus giving them the opportunity to make comments to defend  their interests.  
 
Furthermore, under Article 46 of the Special Law, when the Minister  adopts a resolution imposing 
an anti-dumping dut y, a countervailing dut y or a safeguard  measure , whether  provisional  or 
definitive, this shall  take account of the technical report and the recommendations of the 
Investigating Authority, as well as the public interest.  
 
Question 7  
 
With regard to  Article 44 of the Special Law, if the investigating authority has not of its 
own accord decided to hold a hearing, will it schedule and hold a hearing if requested by 
an interested party?  If the investigating authority will entertain requests by intereste d 
parties for a hearing, at what point in the investigation must the request be made and 
how much notice must the investigating authority provide to the public in advance of the 
hearing?  
 
Reply  
 
The Investigating Authority can schedule a hearing before iss uing a final resolution  provided that it 
observes  the investigation time-limit in accordance with the terms of Article 44 of the Special Law . 
In practice , the Investigating Authority endeavours  to schedule  a hearing to guarantee  the right of 
defence of interested parties, and sufficient notice of the hearing is generally provided in advance.  
 
Question 8  
 
Article 46 discusses the powers of the Minister of the Economy.  With this in mind, please 
reply to the following:  
 
a. Please explain the process by which any anti-dumping duty, countervailing duty, 
or safeguard measure, after being adopted by the Minister of the Economy as 
stated in Article  46 of the Special Law, is imposed (e.g., is a public notification 
issued or does the Minister of the Economy inform the customs service to begin 
collection of a duty or impose a measure)?  
Reply  
Articles 54, 61, 64, 74 and 77 of the Special Law provide  that once the imposition of an anti-dumping 
duty, countervailing  duty or safeguard  measure is issued in a resolution, whether preliminary or 
final, the Ministry of Finance  shall be instructed  to begin collection of a duty or impose the measure  
through the Dire ctorate -General of Customs , according to the terms of the respective resolution.  G/ADP/Q1/SLV/10 • G/SCM/Q1/SLV/10 • G/SG/Q1/SLV/9  
 
- 5 - 
 
  b. Once the Minister of the Economy receives the investigating authority 's 
preliminary or final recommendation, how long does the Minister have to adopt 
resolutions to impose duties?  
Reply  
The Special Law does not establish a deadline for the Minister of the Economy to adopt the 
preliminary or final resolution once he/she receives the corresponding technical report . However, it 
is consider ed that the resolution  should be adopted promptly  in order to observe the investigation 
time-limit established in Article 37 of the Special Law.  
c. If there is a deadline, does the investigation terminate if the Minister fails to 
adopt such a resolution?  
Reply  
See the previous reply. The investigation will terminate  with the adoption of the final resolution, 
whether  a measure is imposed  or not . 
d. Do any other ministries have input into whether or not an anti -dumping duty, 
countervailing duty, or safeguard measure is adopted?  
Reply  
No. 
e. Once a resolution is adopted, when will it be made public?  
Reply  
Once the preliminary or final resolution is adopted , it must be published  in the Official Gazette , 
in accordance with Article 35 of the Special Law.  
Question 9  
 
How does El Salvador implement the obligations set forth in  Article 6.9 of the 
Anti-Dumping  Agreement and Article 12.8 of the SCM Agreement to inform all interested 
parties of the essential facts under consideration?  
 
Reply  
 
The Investigating Authority issues the essential  facts report and notifies the interested parties, giving 
them a reasonable period  in which to comment on its contents. (See reply to question 6).  
 
Question 10  
 
What is the meaning of the word "insignificant " as used in Article 60(c) of the Special Law 
in relation to the quantity of dumped or subsidized imports?  Does it refer to the concept 
of negligible imports described in Article 52 of the Law or the significance of the volume 
of dumped or subsidized import s described in Article 22 of the Law?  
 
Reply  
 
The term " insignificant " used in Article 60 (c) refers to the concept of negligible  imports described in 
Article 52 of the Special Law.  
 
Question 11  
 
Article 12.2.2 of the A nti-Dumping  Agreement and Article 22.5 of the SCM Agreement 
require authorities, in their notice of conclusion of an investigation providing for the 
imposition of a definitive duty, to provide, among other things, "the reasons for the G/ADP/Q1/SLV/10 • G/SCM/Q1/SLV/10 • G/SG/Q1/SLV/9  
 
- 6 - 
 
  acceptance or rejection of relev ant arguments or claims " made by the exporters and 
importers.  How does El Salvador implement these requirements, which are not referenced 
in Article 61 of the Special Law?  
 
Reply  
 
Even though Article 61 does not specifically include a provision on the  reasons for the acceptance or 
rejection of relevant arguments  or claims  made by the exporters  and importers , Article 43 of the 
Special Law provides  that the Investigating Authority shall take account, in the preliminary and final 
reports, of the evidence and responses  to questionnaires submitted by the interested parties during  
the investigation. In practice, during the investigation, the interested parties forward their comments 
on the technical reports or resolutions issued by the Authority and these are  examined and replied 
to by the Authority at the various stages of the investigation.  
 
Question 12  
 
With regard to Title VIII, Sole Chapter, National Trade Remedy System, please clarify 
what role the National Trade Remedy System and its Committee, as outlined i n Article  85 
of the Special Law, will play with regard to the investigating authority 's administration of 
anti-dumping, countervailing duty, and safeguard investigations?  
 
Reply  
 
The action to be taken by  the Committee on the National Trade Remedy System to implement and 
promote the defence of trade are described in Article 87 of the Special Law. The Committee does 
not intervene during an investigation or in the final decision.  
 
Question 13  
 
The appeal process outlined in Artic le 93 of the Special Law describes administrative 
appeals of final determinations, which are decided by the Minister of the Economy.  Please 
clarify whether there is also an opportunity for judicial review of determinations and 
decisions made during the cou rse of a trade remedy investigation.  
 
Reply  
 
In addition to the appeal process established  in Article 93 of the Special Law , the interested party 
may appeal to the courts  regarding final resolutions adopted by the Minister of the Economy  under 
the provisio ns of the Law on Administrative Litigation . 
 
Safeguards  
 
Question 14  
 
With regard to  Article 41 of the Special Law, please clarify whether El Salvador would 
envision conducting verifications in the case of safeguard investigations.  
 
Reply  
 
Article 41 of the Special Law provides that the Investigating Authority may carry out such verificat ion 
visits as it considers  relevant during the course of an investigation. This provision applies to all 
investigations relating to  unfair trade practices and safeguard  measures.  
 
Question 15  
 
Article 46 discusses the powers of the Minister of the Economy.  For safeguard measures, 
is there a minimum period of time that must elapse between when the measure is 
announced and when it becomes effective?  
 G/ADP/Q1/SLV/10 • G/SCM/Q1/SLV/10 • G/SG/Q1/SLV/9  
 
- 7 - 
 
  Reply  
 
When the preliminary or final resolution is issued in a safeguard i nvestigation, th e resolution shall 
specify the time-limits f or its implementation, as indicated in Articles 73 and 76 of the Special Law.  
 
Question 16  
 
Article 71 states that the information -gathering period in safeguard investigations "shall 
be three years prior to the date on which the inv estigation was initiated. " With this in 
mind, please Reply  to the following:  
 
a. Will the investigating authority be required to collect data for the most recent 
three  full years for which data are available?  
b. If full -year information is not available for the entire three full years prior to the 
date of initiation (e.g. because of the lag time in collecting and compiling data), 
may the competent authorities base their determination on information for a 
period of  investigation that covers a period of less than three  years?  
Reply  
Article 71 of the Special Law provides that the information -gathering  period in safeguard 
investigations shall be three years, taking into consider ation the most recent information or data 
available at the start of the investigation.  
Question 17  
 
With regard to the imposition or extension of a safeguard measure as outlined in Articles 
72, 73, and 81 of the Special Law, please confirm that prior to said imposition or exten sion, 
the Government of El Salvador will provide adequate opportunity for prior consultations 
with affected WTO Members as required by Article 12.3 of the WTO Agreement on 
Safeguards ( "Safeguards  Agreement "). 
 
Reply  
 
As established by Article 34 of the Spe cial Law, initia ting, preliminary and final  resolutions  shall be 
notified to the relevant committees of the World Trade Organization as  appropriate, giving the 
affected Members the opportunity to make comments.  
 
Question 18  
 
Article 78 states that a measur e in the form of a quota "may not exceed 50% of the 
average imports of the product under investigation during the three years prior to the 
application of the measure. " Please explain how this requirement is consistent with the 
requirement in Article 5.1 of the Safeguards Agreement, which states that such a measure 
"shall not reduce the quantity of imports below the level of a recent period which shall be 
the average of i mports in the last three representative years for which statistics are 
available "? 
 
Reply  
 
With regard to Article 78 of the Special Law concerning the application of a quota, this shall be 
undertaken on the basis of the average of imports in the three year s prior to the application of the 
measure.  
 
Question 19  
 
Article 78 also states that "[i]f more than one country exports the product under 
investigation, the quota shall be distributed among the supplier countries, taking into 
account the percentage  of imp orts from each country .. . during the three years prior to 
the application of the measure. " Please explain how this is consistent with the 
requirement of Article 5.2(a) of the Saf eguards  Agreement, which, among other things, G/ADP/Q1/SLV/10 • G/SCM/Q1/SLV/10 • G/SG/Q1/SLV/9  
 
- 8 - 
 
  states that the allocation is t o be "based upon the proportions .. . supplied by such 
Members during a previous representative period ...". Please also explain whether the 
competent authorities would include in "a previous representative period " the years in 
which the injurious surge in imports occurred, particularly if that surge occurred "during 
the three years prior to the application of the measure. " 
 
Reply  
 
Article 78 provides that the quota shall be distributed  taking into account the percentage of imports 
during the previous three years. This provision therefore envisages  that, as a general rule , the 
"previous representative  period" shall constitute  the three years prior to the application of the 
measure.  
 
__________