G/ADP/Q1/BOL/5  
G/SCM/Q1/BOL/5  
G/SG/Q1/BOL/2  
24 February 2021 
(21-1607) Page: 1/6 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  Spanish  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  ARTICLES 18.5, 32.6  
AND 12.6 OF THE AGREEMENTS  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES REGARDING  
THE NOTIFICATION  OF THE PLURINATIONAL STATE OF BOLIVIA  
The following  communication , dated and received on  17 February  2021, is being circulated at the 
request of the delegation of the Plurinational State of Bolivia . 
 
_______________  
 
 
The Plurinational State of Bolivia hereby responds to the questions posed  by the United States 
regarding Supreme Decree No. 4069 and Ministerial Resolution No.  1652 on trade remedies . 
Antidumping and Countervailing Measures  
Question  1 
Please clarify whethe r there is any requirement for interested parties to a proceeding to 
officially register as such with the investigating authority.  
Reply  
Interested parties are not required to register with the investigating authority , owing to the fact that  
they must meet the requirements under  Annex I, Chapter  I, Article  2 (Interes ted parties ) of 
Ministerial Resolution No. 1652.  
Question  2 
Annex I, Chapter I , Article 3 of Ministerial Resolution No. 1652 (hereinafter "Resolution") 
states "{t}he investigation  and the imposition of anti -dumping and countervailing duties 
are in the public interest and ... provided that there is a link to the unfair practice of 
dumping or subsidies" (emphasis added). Annex I, Chapter IV, Article 27.I states that 
"{i}t must be dem onstrated that the imports subject to unfair practices (dumping or 
subsidies) have significantly contributed  to the injury affecting the domestic industry by 
means of ..."(emphasis added). Please confirm that any determination and imposition of 
antidumping  or countervailing duties will follow only after it has been shown that these 
dumped or subsidized imports are causing  injury, as required by Article 3.5 of the WTO 
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 
1994 and Article 15.5 of the WTO Agreement on Subsidies and Countervailing Measures . 
Reply  
Anti-dumping and countervailing duties shall be determined and imposed as stipulated in  Ministerial 
Resolution No. 1652, in accordance  with Article 3.5 of the Agreement on Implementation of Article  VI 
 
1 G/ADP/Q1/BOL/4 - G/SCM/Q1/BOL/4 - G/SG/Q1/BOL/1 . G/ADP/Q1/BOL/5 • G/SCM/Q1/BOL/5 • G/SG/Q1/BOL/2  
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  of the General Agreement on Tariffs and Trade 1994 and Article 15.5 of the WTO Agreement on 
Subsidies and Countervailing Measures . 
Question  3 
Annex I, Chapter I, Article 3 of the Resolution  lays out the terms for a general interest 
assessment of antidumping or countervailing duties in order to assess whether or not they 
are in the general economic interest of the country. Please clarify what authority is 
responsible for this assessment and w hether the assessment is limited to the 
investigation period, or may be made on an on -going or continuing basis.  
Reply  
Under Article 4 of Supreme Decree No. 4069 of 30 October 2019, the authority responsible for this 
assessment is the "Committee on the Eva luation of Trade Practices ". The assessment shall be carried 
out to determine the appropriateness of implementing trade remedies , in accordance with Ministerial 
Resolution No. 1652.  
Question  4 
Annex I, Chapter II, Article 6 of the Resolution references instances where normal value 
may be based on other means . 
a. One of those instances is listed as a "particular market situation". Please 
explain how the investigating authority defines what would constitute a 
"particular market situation". Pleas e provide an example of what the 
investigating authority would consider to be a "particular market situation".  
b. Is there any hierarchy to the selection of an alternative normal value 
methodology as described under Annex I, Chapter II, Article 6?  
c. Artic le 6(IV) lists transactions that "shall not be deemed to be in the ordinary 
course of trade or used to calculate the normal value". Please explain what 
types of transactions could be encompassed by the reference in 
Article  6(IV)(d) to "other transactions, as established by the Investigating 
Authority".  
Reply  
a. The expression  "particular market situation ", as contained in Article 2.2 of the 
Anti-Dumping Agreement , refers to a set of specific circumstances in the exporting 
country's market that render s the comparable price, in the ordinary course of trade, for 
the like product, unfit as a proper comparison . What constitutes a set of specific 
circumstances varies from Member to  Member , and the determination of a "particular 
market situation " should therefore be made on a case -by-case basis according to the 
specific facts and circumstances at issue . 
b. Since Article 2.2 of the Anti -Dumping Agreement does not impose a hierarchy for using 
either a third country export price or a constructed normal value  to proceed with the 
comparison with the export price, the investigati ng authority is free to choose  the 
alternative normal value methodology described in Annex I, Chapter II, Article 6 of 
Ministerial Resolution No. 1652 . 
c. The investigating authority wou ld have to conduct  a formal analysis based on the facts 
and circumstances before it  in order to determine the type s of transaction that could be 
encompassed by the reference to "other transactions" in Annex I, Chapter II, 
Article  6(IV)(d) of Ministerial Re solution No. 1652 . G/ADP/Q1/BOL/5 • G/SCM/Q1/BOL/5 • G/SG/Q1/BOL/2  
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  Question  5 
Annex I, Chapter II, Article 7 of the Resolution permits the Vice Ministry of Tax Policy, 
under the Ministry of the Economy and Public Finance (hereinafter "investigating 
authority") to use, among other methods, "any other method" for calculating normal 
value in cases involving centrally planned economies. Please explain what "other 
methods" might be used, when "other methods" are employed, and what guidelines or 
limits the investigating authority uses in its normal va lue calculations in these instances.  
Reply  
The investigating authority would have to conduct  a factual analysis based on the facts and 
circumstances before it in order to use , among other methods laid down in Annex I, Chapter II, 
Article 7 of Ministerial R esolution No. 1652,  "any other method" to  determine  the normal value in 
centrally planned economies . 
Question  6 
Please clarify how the administering authority will determine whether an economy meets 
the conditions necessary for being treated as a centrally planned economy under Annex 
I, Chapter II, Article 7 of the Resolution.  
Reply  
Through an assessment and analysis within the framework of the guidelines established in Annex I, 
Chapter I, Article 2 (Centrally planned economies) of Ministerial Reso lution No. 1652.  
Question  7 
If the investigating authority initiates an antidumping, countervailing duty, or safeguard 
investigation ex officio  in the manner prescribed under Annex I, Chapter VI, Article 35 of 
the Resolution, please explain what informatio n the authority will provide to interested 
parties to support the initiation of the investigation.  
Reply  
Annex I, Chapter VI, Article 35 of the Resolution refers only to the initiation of investigation s of 
dumping and subsidies . The investigating authority  shall publish a notice announcing the initiation 
of the investigation with the information outlined in paragraphs II and VI of the aforementioned 
Article of  Ministerial Resolution No. 1652. 
Question  8 
Regarding the submission of eligibility applications for "other parties" and "their 
respective legal representatives" in Annex 1, Chapter VI, Article 35.III of the Resolution, 
please clarify whether all parties that desire to participate in a trade remedy proceeding 
must retain legal representat ion in order to participate. What eligibility requirements 
must be met by these parties in order to participate and what form must their eligibility 
applications take?  
Reply  
Other parties wishing to be considered as interested parties must fulfil the requi rements under  
Annex  I, Chapter VI, Article 35.III of Ministerial Resolution No. 1652. In order t o be accepted  as 
such, they must demonstrate that they are a party affected by the investigation . G/ADP/Q1/BOL/5 • G/SCM/Q1/BOL/5 • G/SG/Q1/BOL/2  
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  Question  9 
Will the preliminary technical report provided to t he Committee on the Evaluation of Trade 
Practices discussed under Annex I, Chapter VIII, Article 43 of the Resolution be made 
available to interested parties in the investigation? If so, how will interested parties gain 
access to the preliminary technical report?  
a. If the report will not be made public, please confirm that the authority will 
provide a sufficiently detailed summary of the underlying facts under 
consideration for their decision. How will interested parties be able to access 
that summary?  
b. In addition, please clarify how and in what timeframe interested parties will 
have to provide comments on the preliminary technical report (and any other 
"necessary documents" described in Article 43) and proposed measures . 
c.  Are preliminary technical re ports required in every antidumping or 
countervailing duty investigation?  
Reply  
With regard to points  (a) and (b), the publications and notifications for both dumping and subsidies 
shall be made in accordance with  Annex I, Chapter  XV, Article  68 of Ministerial Resolution No. 1652.  
In response to the question in  point ( c), as set out under  Annex I, Chapter  VIII, Article  43 of 
Ministerial Resolution No. 1652, the preliminary technical report plays a role in  the determination 
and imposition of provisio nal measures . 
Question  10 
Regarding Annex I, Chapter VIII, Article 43 of the Resolution, once the preliminary 
technical report is provided to the Committee on the Evaluation of Trade Practices by the 
Investigating Authority, how many calendar or working days does the Committee have to 
authorize the Ministry of the Economy and Public Finance to draft a Supreme Decree 
establishing how the provisional measure, if any, will be applied?  
Reply  
No specific time period has been established for the Committ ee to grant authorization , but it must 
do so  within a reasonable period . 
Question  11 
Regarding Annex I, Chapter X, Article 48 of the Resolution, please clarify if the time period 
for conclusion of the investigation includes the time period in which final measures, if any, 
must be imposed. Alternatively, is there a specific amount of time, following conclusion 
of the investigation, in which measures, if any, must be imposed?  
Reply  
Annex I, Chapter X, Article  48 of Ministerial Resolution No. 1652 clearly establishes the period for 
conducting and concluding the investigation . The time period fo llowing  the conclusion of the 
investigation , in which the measures, if any, must be imposed , has not been established,  but they 
must be imposed within a reasonable  period . 
Question  12 
Under Annex I, Chapter X, Article 55.IV and Annex II, Chapter VII, Article 33 of the 
Resolution, will refunds or release of securities be automatic if no final definitive 
antidumping, countervailing, or safeguard measures are imposed, or must parties 
affirmatively request refunds or release of securities upon a negative final determination? 
If the latter, how must parties request this? If funds are released, will interest be paid to G/ADP/Q1/BOL/5 • G/SCM/Q1/BOL/5 • G/SG/Q1/BOL/2  
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  account for the period during which funds were held be tween the preliminary 
determination and the termination of the investigation?  
Reply  
Any securities shall be refunded or released by the Bolivian National Customs, in accordance with 
the procedures laid down for such purposes under  Law No . 2492 of 2 August 2003 containing the 
Bolivian Tax Code and Ministerial Resolution No. 1652. Furthermore, under current  legislation , the 
return of these f unds shall not involve  any payment of interest by the Plurinational State of Bolivia.  
Question  13 
Please confirm that exporters of merchandise subject to retrospective duties under 
Annex  I, Chapter XII, Article 58 of the Resolution will be given the opport unity to 
comment on the investigating authority's consideration of these duties before they are 
applied.  
Reply  
Annex I, Chapter  XII, Article 58 of Ministerial Resolution No. 1652 lays down the conditions for the 
retrospective application of anti -dumping or  countervailing duties , under which  interested importers 
shall be given an opportunity to put forward comments they deem relevant . 
Question  14 
Please clarify whether the request for sunset reviews by interested parties in Annex I, 
Chapter XIII, Article 64 of the Resolution must be requested at least four months before 
the beginning of the fifth year of any measure imposed or four months before the 
expiration of the fifth year of any measure imposed?  
Reply  
Four months before the expiration of the fifth year of any measure imposed . 
Question  15 
If an anti -circumvention investigation is initiated under Annex I, Chapter XIV, Article 69 
of the Resolution, how will exporters and governments of the countries involved be 
notified? Will interested parties b e able to fully participate in defending their interests 
during the proceeding? What is the process and timeframe for parties to participate in 
such a proceeding?  
Reply  
Annex I to Ministerial Resolution No. 1652 does not contain an "Article 69" . However, 
anti-circumvention measures are laid down in Annex I , Chapter  XIV, Article  67 of the Resolution.  
The publica tions and notifications will be made in accordance with  Article 68 of Ministerial Resolution 
No. 1652. 
Safeguard Measures  
Question  16 
With regard to the public hearing for a safeguard proceedings referenced in Annex II, 
Chapter VI, Article 23, will the authority only provide a public notice of the upcoming 
hearing, or will the authority also provide direct notice to each interested party alre ady 
participating in the proceeding?  
Reply  
As set forth in  Article 23 of Annex  II to Ministerial Resolution No. 1652, interested parties shall be 
convened to a public hearing  by public notice . G/ADP/Q1/BOL/5 • G/SCM/Q1/BOL/5 • G/SG/Q1/BOL/2  
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  Question  17 
Annex II, Chapter X, Article 40 of the Resolution states "{t}he consultations shall be held 
within 30 days…"; however, it is not clear as to which event triggers the 30 -day period. 
Please clarify the event from what the 30 -day period for consultations is provided.  
Reply  
The purpose of the event  in question is described in the second paragraph of Article 40, Annex II . 
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