G/ADP/N/1/CRI/3/Suppl.1  
G/SCM/N/1/CRI/4/Suppl.1  
G/SG/N/1/CRI/4/Suppl.1  
29 November 2019  
(19-8202) Page: 1/8 
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  
COSTA RICA 
Supplement  
The following communication, dated 27 November 2019, is being circulated at the request of the 
delegation of Costa Rica.  
 
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Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994, Article 12.6 of the Agreement on Safeguards and Article 32.6 of the 
Agreement on Subsidies and Countervailing Me asures, we submit herewith a copy of Executive 
Decree No. 40559 -MEIC approving the text of the Rules of Procedure for the Application of Measures 
to Combat the Circumvention of Anti -Dumping, Countervailing and Safeguard Duties . 
 
  G/ADP/N/1/CRI/3/Suppl.1 • G/SCM/N/1/CRI/4/Suppl.1 • G/SG/N/1/CRI/4/Suppl.1  
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  RULES OF PROCEDURE FOR THE APPLICATION OF MEASURES  
TO COMBAT  THE CIRCUMVENTION OF ANTI -DUMPING,  
COUNTERVAILING AND SAFEGUARD DUTIES  
TITLE I  
CHAPTER I  
Purpose, Scope and Competence  
Article 1. - Purpose . The purpose of these rules is to set forth the procedures for extending trade 
defence measures to other products, or ensuring proper compliance with them, in the case of a like 
product affected by an existing measure , or when, subsequent to an investigation under the terms 
of these rules, it is demonstrated that there is circu mvention of a trade defence measure , negat ing 
or impair ing the remedial effects of that measure.  
Article 2. - Scope . All imports of products giving rise to a practice aimed at circumventing existing 
trade defence measures are subject to these rules. Example s include: like products, whether or not 
slightly modified; like products declared for other uses, parts or inputs of those products; and 
semi-finished or pre -industrialized products . 
Article 3. - Competence . In its capacity as the investigating authority ( IA), the Trade Protection 
Directorate (DDC) of the Ministry of the Economy, Industry and Trade (MEIC) is responsible for 
conducting anti -circumvention investigations and issuing technical recommendations for 
consideration by the Minister of the Economy, In dustry and Trade, with the Minister having 
responsibility for deciding whether to apply an anti -circumvention measure . 
CHAPTER II  
General Definitions, Abbreviations and Acronyms  
Article 4. - For the purposes of  these rules, the following terms shall have th e following meanings : 
ADA:  Anti-Dumping Agreement  
ASCM:  Agreement on Subsidies and Countervailing Measures  
SGA:  Safeguards Agreement  
Investigating authority (IA):  Trade Protection  Directorate of the Ministry of the Economy, 
Industry and Trade (MEIC)  
DDC:  Trade Protection  Directorate of the Ministry of the Economy, Industry and Trade  
Circumvention:  For the purposes of these rules, circumvention shall mean  those actions taken by 
foreign producers, exporters or importers aimed at evading payment of anti -dumping, countervailing 
or safeguard duties in effect in Costa Rica . 
Essential facts:  Elements giving rise to a practice of circumvention of trade defence me asures and 
forming the basis for the decision whether to extend the measures to other products . 
Confidential information:  Documentation or material that may give a significant competitive 
advantage to a competitor or opposing party or that would have a sig nificantly adverse effect upon 
the person supplying the information or a third party that has received it, in line with Article 6.5 of 
the ADA and Article 12.4 of the ASCM . 
Publicly available information:  In the context of these rules, this shall mean the documentation 
that will be freely available to interested parties during the investigation . G/ADP/N/1/CRI/3/Suppl.1 • G/SCM/N/1/CRI/4/Suppl.1 • G/SG/N/1/CRI/4/Suppl.1  
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  Direct interest:  For the purposes of these rules, this shall mean the right of an interested party to 
call on the IA to enforce an anti-circumvention measure . 
Anti-circumvention investigation:  An investigation to determine whether actions were 
undertaken to  circumvent Costa Rica's trade defence measures , negat ing or undermin ing the 
remedial effects  of those measures . 
On-the-spot investigations:  Field visits to intere sted parties in connection with  an 
anti-circumvention investigation.  
Anti-circumvention measure:  A measure extending the scope of a trade defence measure to other 
products or ensuring proper compliance with it, in the case of a like product affected by the  measure 
in effect . 
Trade defence measure:  Anti-dumping, countervailing or safeguard measures applied under 
Articles VI and XIX of the General Agreement on Tariffs and Trade 1994 (GATT 1994), the Agreement 
on Implementation of Article VI of the GATT 1994 (Anti -Dumping Agreement), the Agreement on 
Subsidies and Countervailing Measures or the Agreement on Safeguards . 
MEIC:  Ministry of the Economy, Industry and Trade  
WTO:  World Trade Organization  
Slightly modified product:  A product that has undergone minor changes without alteration to its 
essential c haracteristics . 
Product subject to an anti -circumvention investigation : Those products giving rise to a 
practice aimed at circumventing existing trade defence measures. Examples include: like products, 
whether or not slightly modified; like products declar ed for other uses, parts or inputs of those 
products; and semi -finished or pre -industrialized products . 
Like product:  An identical product, i.e. alike in all respects to the product subject to the trade 
defence measure, or in the absence of such a product,  another product which, although not alike in 
all respects, has characteristics closely resembling those of said product.  
Product subject to the trade defence measure:  The p roduct with respect to which a trade 
defence measure is in effect.  
Semi -finished or pre -industrialized product:  A tangible good that has undergone physical or 
chemical processing and is turned into inputs for other production units, which will then have 
processes performed on them to obtain a final good. Physical mixture, polishing, repackaging, 
dilution and conversion are excluded from these processes.  
CHAPTER III  
Circumvention of Anti -Dumping, Countervailing and Safeguard Measures  
Article 5 .- Establishing  circumvention of anti -dumping, countervailing or safeguard 
measures . To establish that a trade defence measure has been circumvented, the IA must, on the 
basis of satisfactory evidence, determine that there has been a significant change in the pattern of 
trade of the product under investigation, vis-à-vis either the country  subject to the trade defence 
measure or third countries . The change must have resulted from one or more of the practices set 
out below and there must be found to be prejudice  to or impair ment of  the remedial effects of the 
trade defence duty in effect . The existence of such change  may be examined from the initiation of  
the investigation that led to the application of the trade defence measure until the end of its 
implementation.  G/ADP/N/1/CRI/3/Suppl.1 • G/SCM/N/1/CRI/4/Suppl.1 • G/SG/N/1/CRI/4/Suppl.1  
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  Article 6 .- Circumvention practices . The following practices shall be consider ed to constitute 
circumvention, where the intention to evade  an existing anti -dumping, countervailing or safeguard 
measure is demonstrated:  
(a) The importation of a product like the product subject to the trade defence measure 
through suppliers that are su bject to a lesser individual measure or no measure at all 
and from the country subject to the measure in effect.  
(b) The importation of a product like the product subject to  the trade defence measure  or 
via third countries . 
(c) The importation of a product like the product subject to  the trade defence measure 
declared for other uses.  
(d) The importation of a product like the product subject to the trade defence measure  that 
has been slightly modified in order to b e brought in under different tariff lines that are 
not subject to trade defence measures, provided that the modifications do not alter the 
essential characteristics of the product and its end use.  
(e) The importation of a semi -finished or pre -industrialized product that is turned into an 
input for other production units and undergoes production processes in national territory 
to obtain the product that is subject to the trade defence measure . 
(f) The importation of parts of the product subject to the trade defence measure for the 
purpose of p roducing or assembling it in the Costa Rican market.  
(g) The importation of the product subject to the trade defence measure, assembled or 
subjected to a final stage of production in a third country, the parts or inputs of which 
originate in the country su bject to the trade defence measure. The foregoing, provided 
that the parts or inputs in question as a whole constitute 60% or more of the total value 
of the parts or inputs of the finished product. This does not apply to imports from a 
third country under an existing trade agreement which  comply with the rules of origin 
laid down in that agreement.  
(h)  Any other circumvention behaviour which is shown to undermine the remedial effects 
of the trade defence measures imposed.  
For the purposes of  paragraphs (e) , (f) and (g), circumvention shall not be deemed to exist where 
the total value -added of the parts or inputs used during the assembly or production operation 
exceeds 25% of the production cost of the finished product.  
CHAPTER IV  
Admissibility of Request  to Initiate Anti -Circumvention Investigation  
Article 7 .- Initiation of proceedings . Investigations to determine whether trade defence 
measures have been circumvented may be initiated at the request either of the sector producing the 
product subject to the tr ade defence measure or a natural or legal person demonstrating a direct 
interest in the investigation or, in exceptional circumstances, ex officio  by the IA . 
Article 8 .- Request  for an anti -circumvention investigation . All requests for anti -circumvention 
investigations must be submitted to the IA and be based in  satisfactory evidence of the facts alleged 
(i.e. evidence that is affirmative, objective and verifiable) which  is relev ant for the initiation  of an 
anti-circumvention investigation.  
Furthermore, to be admissible, the request  must be submitted six months after implementation of 
the trade defence measure allegedly being circumvented.  G/ADP/N/1/CRI/3/Suppl.1 • G/SCM/N/1/CRI/4/Suppl.1 • G/SG/N/1/CRI/4/Suppl.1  
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  Article 9 .- Requirements  for request . A request  for an anti -circumvention investigation must 
include the following:  
(a) The name of the party making the request , the identification details  of the party or the 
party's representatives and the capacity in which they are appearing.  Legal 
representati ves must present their powers of attorney , their scope and the legal 
personality of the principal . 
(b) The place or means of notification . 
(c) An indication of the measure alleged ly circumvented . 
(d) Objective, clear and sufficient evidence of the circumvention  practice, in accordance 
with the definition of circumvention contained in these rules and Articles 5 and 6 hereof . 
(e) Clear and sufficient evidence of the prejudice  to or impair ment of  the remedial effects 
of the trade defence duty in effect . 
(f) A clear and precise formulation of the claim being made, consistent with the description 
of the facts and background . 
(g) A complete description of the product subject to the trade defence meas ure and the 
product with respect to which the request to initiate an anti -circumvention investigation  
was made ; the physical, chemical, technical or functional characteristics of the product, 
supported  by technical catalogues and laboratory tests, fully id entify ing the good in 
question . 
(h) The name of the country or countries of origin or provenance of the product with respect 
to which the request to initiate an anti -circumvention investigation  was made . 
(i) The identification details  and full addresses of each known exporter or foreign producer 
and the importer s of the product with respect to which the request to initiat e an 
anti-circumvention investigation  was made . 
(j) The signature of the party making the request  or the party's representative.  
Article 10 .- Resolution regarding  initiation or dismiss al of the request . After receiving a 
request , the IA will have 10 calendar days to determine whether the requirements set forth in 
Article  9 of these rules  have been met . 
If it determines that the party making the request  has not provided a  required item , the party will 
be granted  10 working days, from the notification of the deficiency , to add the missing items. 
After the deficiency  is rectified, or if the request  submitted is complete , the IA will have 10 calendar 
days to review the admissibility of the request  and to initiate the investigation or dismiss the request , 
as applicable. The foregoing shall not preclude the applicant from submitting a new request . 
The resolution reg arding the  initiat ion of  an investigation must be notified to the interested parties 
identified in the request  within three calendar days of the date it is issued . 
Article 11 .- Appeals during investigation proceedings . In the proceedings, ordinary appeals 
are available only against  resolutions regarding  initiation or dismissal and all  evidence, in accordance 
with Costa Rica's General Public Administration Law.  
Article 12 .- Customs clearance . The initiation of an anti -circumvention investigation shall not 
hinder customs clearance.  G/ADP/N/1/CRI/3/Suppl.1 • G/SCM/N/1/CRI/4/Suppl.1 • G/SG/N/1/CRI/4/Suppl.1  
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  CHAPTER V  
Investigation s 
Article 13 .- Period  of investigation . Investigations into the circumvention of anti -dumping, 
countervailing and safeguard measures must be completed within six months of the ir initiation. This 
period may be extended  for up to half of the ordinary period  on the basis of  a justified request from 
a party or a reasoned opinion from the  IA. 
Article 14 .- Interested parties . For the purposes of these rules, "interested parties" shall include:  
(a) exporters, foreign producers or importers of the product subject to the 
anti-circumvention investigation, or trade or business associations a majority of the 
members of which are pro ducers, exporters or importers of th e product;  
(b) the government or governments of the country exporting the product subject to the 
anti-circumvention investigation; and  
(c) producers of the product that is like the product subject to the anti -circumventi on 
investigation in Costa Rica, or trade or business associations a majority of the members 
of which produce the like product in the territory of the importing Member;  
(d) any other interested party which, in the opinion of the IA, demonstrates a direct in terest 
in the investigation.  
Article 15 .- Request for evidence . Together with  the resolution regarding  initiation, the IA shall 
request evidence from the interested parties, who will have 20 calendar days to provide it. This 
period may be extended by up to  half the ordinary period, at the discretion of the IA, if a party 
makes a justified request.  
Article 16 .- Verification of information . The IA may, at any time during the investigation, carry 
out on -the-spot visits to verify information. In such cases,  it will, prior to the visit, inform the 
interested parties of the general nature of the information to be verified. The foregoing shall not 
preclude it from requesting further details during the visit in light of the information obtained.  
The IA may also use other means it considers appropriate  for the purposes of determining the 
accuracy of the evidence.  
Article 17 .- Period of analysis of information . After receiv ing information from the parties, the 
IA will have three calendar months to analyse the evidence provided, in accordance with Article 13 
of these rules. This period encompasse s investigation, analysis and on -the-spot verification.  
Article 18 .- Report on essential facts . Once the period indicated in the preceding article 
(evidentiary period) of these rules  comes to an end , the IA will send the interested parties a report 
on the essential facts, which will form the basis for the decision whether to apply an 
anti-circumvention m easure. The parties will have 15 calendar days  from the next working day after 
notification of that report to set out their arguments and defend their interests.  
Article 19 .- Hearing . Together with the report on the essential facts mentioned above , and with 
15 calendar days' notice , the interested parties will be invited to a private oral hearing.  
The purpose of the hearing is to give the interested parties an opportunity to orally question adverse  
parties with respect to , or to refute , information and evid ence submitted to the IA, enabling this and 
other interested parties to seek further  explanations or specific clarifications. The hearing shall 
conclude the evidentiary period.  
Article 20 .- Technical report . After the hearing, the IA will have  15 calendar days to issue a final 
technical report, which will conclude the investigation.  G/ADP/N/1/CRI/3/Suppl.1 • G/SCM/N/1/CRI/4/Suppl.1 • G/SG/N/1/CRI/4/Suppl.1  
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  During the same period , it must send the technical report and case record to the Minister of the 
Economy, Industry and Trade . In the report, the IA must make a recommendation as  to whether to 
extend the trade defence measure to the product subject to the anti -circumvention investigation.  
Article 21 .- Final resolution . After receiving the report with the recommendation and the record, 
the Minister of the Economy, Industry and Trad e will have 30 working days to issue a resolution 
deciding  the merits of the case.  
In the event that the higher body  decides to depart from the IA's technical report, it must justify its 
decision technically, taking account of the evidence in the administr ative record kept  for that 
purpose.  
Article 22 .- Appeals . Motions to reconsider resolutions order ing that  existing circumvention 
measures be extended or not be extended may be filed with a higher body , in accordance with 
Costa  Rica's General Public Administration Law.  
Article 23 .- Validity of anti -circumvention measure . An anti-circumvention measure will remain 
in force from the signature of the resolution  through the term of the trade defence measure. In no 
event will it continue to be applied if th e trade defence measure sought to be circumvented has 
expired.  
Article 24 .- Publication and notification of final resolution . The final resolution  will be 
published in the official journal, La Gaceta , at the interested party's expense. The resolution  will be 
notified to the parties within five days of its publication in the official journal.  
The IA will communicate the decision to the General Directorate of Customs of the Ministry of Finance 
so that the measure in question may be extended in accordance with  the final resolution.  
If the anti -circumvention measure relates to a safeguard  measure , the IA will immediately notify the 
relevant WTO committee.  
CHAPTER II  
Final Provisions  
Article 25 .- The record and access thereto . All information provided by interested parties, as 
well as information collected ex officio  by the IA, will be filed chronologically.  
The administrative record must comprise  two files, one containing  publicly available information and 
the other containing  confidential information.  
The IA, the Ministerial Office, interested parties, their representatives and counsel, duly accredited 
for the purpose, shall be entitled, at any stage of the proceedings, to examine, read or copy any 
document or item of evidence  in the record and to request certification thereof, with the exception 
of confidential information, which shall be accessible only to the IA, the Ministerial Office and the 
party that supplied the information.  
In accordance with  Article 12 of the Central American Regulations on Unfair Trade Practices and 
Article 17 of the Regulations on Safeguards, the parties indicated  in the preceding paragraph may 
not disclose information contained in  the administrative record during the course of the 
investigation; how ever, once the investigation has been concluded, any person may access the file 
containing public information and request authorization from the IA to photocopy it.  
Article 26 .- Investigative powers . The IA may at any time during an anti -circumvention 
investigation  request any type of additional information, including technical opinions from different 
government agencies, which will provide them within 10 days at the latest , in accordance with  Article 
262 of the General Public Administration Law.  
Likewise, under Article 67 of Law No. 7472, the Law on the Promotion of Competition and Effective 
Consumer Protection, the IA may request information from any private actor  to fulfil the objective  
of these rules.  G/ADP/N/1/CRI/3/Suppl.1 • G/SCM/N/1/CRI/4/Suppl.1 • G/SG/N/1/CRI/4/Suppl.1  
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  Article 27 .- Suppletive application . The rules, provisions and principles of public law and, in the 
absence thereof, ordinary  law may be applied on a supplementary basis  to cases not provided for in 
these rules . 
Article 28 .- Entry into force . These rules will enter into force from their public ation in the official 
journal, La Gaceta . Done in the Office of the President of the Republic, on the fifteenth day of 
May two thousand seventeen.  
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