G/ADP/Q1/CRI/ 15 
G/SCM/Q1/CRI/ 15 
G/SG/Q1/CRI/ 9 
19 March  2020 
(20-2196) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
QUESTIONS POSED BY THE UNITED STATES REGARDING  
THE NOTIFICATION OF COSTA RICA1 
The following communication dated  16 March  2020, is being circulated at the request of the 
Delegation of the United States.  
_______________  
 
The United States thanks Costa Rica for its notification 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  and poses the following 
questions:  
Question 1  
Under Chapter III Article 6, the rules of procedure  state that "the following practices shall be 
considered to constitut e circumvention, where the intention to evade an existing anti -dumping, 
countervailing, or safeguard measure is demonstrated ;" however, the law does not provide  a 
practice or other guidance for establishing "intent " to evade duties.  Please explain whether the 
investigating  authority must separately determine whether there is intent to evade duties when one 
of the listed circumvention practices is found to exist or if the practices listed in Article 6 are deemed 
to demonstrate intent without further evidence . If the investigating  authority is required to make an 
affirmative finding with regard to intent  to evade an existing measure , please explain the  criteria  by 
which the investigating authority makes this determination.  
Question 2  
Chapter III Article 6 subclauses (a) -(d) refer s to "a product like the product subject to the trade 
defence measure ." Is "a product like the product subject to the trade defence measure " equivalent 
for the purposes of this law to a "like product " as define d in Chapter II General Definitions, 
Abbreviations, and Acronyms, or does it have some different meaning?  
Question 3 
Under Chapter III Article 6(d), the importation of  slightly modif ied products so that they are "to be 
brought 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 " is considered 
circumvention.  Are there guidelines or criteria by which the investigating author ity determines 
whether differences alter the "essential characteristics " of a product and its end use?  How does the 
investigating authority determine or verify the end use of a product, given that many products have 
multiple uses  or applications  and the en d use may not be dictated by physical characteristics or 
properties ? 
 
1 G/ADP/N/1/CRI/3/Suppl.1 - G/SCM/N/1/CRI/4/Suppl.1 - G/SG/N/1/CRI/4/Suppl.1 (dated 
29 November  2019). For the sake of efficiency, the United States suggests that committee review for these 
questions be conducted in the Committee on Anti -Dumping Practices.  G/ADP/Q1/CRI/ 15 • G/SCM/Q1/CRI/ 15 • G/SG/Q1/CRI/ 9 
- 2 - 
  Question 4 
Under Chapter III Article 6 (b) , please provide more detail on how the importation of a product "via 
third countries " would be determined to be circumvention.  How will a determination of origin be 
made for purposes of this provision?  Will the investigating authority trace the origin of the products?  
Question 5  
Chapter III Article 6 (h) acts as a catchall for any other "circumvention behaviour which is shown to 
undermine the remedial effects of the trade defense measures imposed ". Please explain how it is 
determined that a behavior acts to "undermine " an existing trade measure and explain how this 
determination would be us ed to make a circumvention determination.  
Question 6  
Under Chapter IV "Admissibility of Request to Initiate Anti -Circumvention Investigation ," there is no 
reference to  public notification of a request to investigate circumvention . Please explain how  and 
through what means  the public  is notified of a request for an investigation into circumvention of a 
measure.  Furthermore, will interested parties be granted an opportunity to obtain a non -confidential 
version of the request for an anti -circumvention i nvestigation  prior to any decision to initiate ? Please 
explain the opportunities to comment on the sufficiency of a request to investigate alleged 
circumvention prior to initiation . 
Question 7  
Under Chapter I V Article 10 , the investigating authority  must notify all interested parties named in 
a request for a circumvention investigation of a decision to initiate.  How will this be done ? Will only 
the parties named in the request be subject to a circumvention investigation  or will other interes ted 
parties be identified or have an opportunity to participate ? Please explain any registration 
requirements for parties to retain their rights as interested parties in the investigation.  Will the 
governments of the  exporting  company (ies) be notified of initiation even if they are not explicitly 
listed in the request?  
Question 8 
Will the Technical Report discussed under Chapter V Article 20 be released publicly or distributed to 
interested parties?  If so, will there be an opportunity for interested pa rties to comment on the 
technical report before the decision of the Minister of the Economy, Industry and Trade?  
Question 9  
Under Chapter V Article 21 , the Minister of the Economy, Industry and Trade has the authority to 
deviate from the technical report i f the decision is justified technically.  Beyond this required 
justification of any deviation , are there any other limitations on the Minister 's power to deviate from 
the technical report?  Does the Minister have the authority to broaden the finding to inclu de other 
exporters or products?  Does the Minister have any authority to change the form of remedy by which 
the circumvention measure is applied?  
Question 1 0 
If an interested party does not comply with a request for information , or if their reply is incomplete 
or unsatisfactory, what is the investigating authority authorized to do as a response to this lack of 
cooperation or perceived lack of cooperation?  
 
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