G/ADP/N/1/ECU/3/Suppl.2  
 
30 October  2018 
(18-6806) Page 1/51 
Committee on Anti -Dumping Practices  Original: Spanish  
 
  
NOTIFICATION OF LAWS  AND REGULATIONS UND ER 
ARTICLE  18.5 OF THE AGREEMENT  
ECUADOR  
Supplement  
The following communication, dated 19 September 2018, is circulated at the request of the 
delegation of Ecuador.  
 
_______________  
 
 
In accordance with the provisions of Article 18.5 of the Anti -Dumping Agreement, Ecuador hereby 
submits the text of Resolution No. 10 of the Committee on Foreign Trade on  "Requirements and 
procedures for dumping in vestigations and the application of anti -dumping measures ", published in 
Official Journal No. 534 of 7 September 2018.  
 
  G/ADP/N/1/ECU/3/Suppl.2  
 
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  RESOLUTION N O. 010 -2018  
THE COMMITTEE ON FOR EIGN TRADE  IN PLENARY SESSION  
 
WHEREAS:  
 
Pursuant to Article 261.5 of the Constitution of the Republic, the central Government has exclusive 
competence  inter alia  for economic, taxation, customs, ta riff and foreign trade policies ; 
 
According to Article  276.2 of the Constitution of the Republic one of the objectives of Ecuador 's 
development stru cture is to build a fair, democratic, productive, mutually supportive and sustainable 
economic system;  
 
Ecuador signed the Protocol of Accession to the Agreement establishing the World Trade Organization 
in Geneva on 27 September 1995, under which it under took to implement the agreements and legal 
instruments listed in Annex  1 to the Marrakesh Agreement Establishing the World Trade 
Organization;  
 
Several of the agreements and legal instruments listed in Annex  1 to the Marrakesh Agreement, in 
particular Arti cle VI of the General Agreement on Tariffs and Trade and the Agreement on 
Implementation of GATT Article VI (Anti -Dumping Agreement ) contain criteria and procedures 
enabling the conditions for application of anti -dumping duties to be determined in order to  counter 
the injury caused to the domestic industry by dumped exports;  
 
By means of the Supplement to Official Journal No. 351 of 29 December 2010, the Organic Code of 
Production, Trade and Investment (COPCI) entered into force and Book IV thereof determin es the 
regulatory framework for foreign trade, its bodies and instruments;  
 
Article 71 of the COPCI provides that the body entrusted with approving national public policies on 
trade shall be the Committee on Foreign Trade, (COMEX ); 
 
Article 72(j) of the CO PCI determines that it shall be COMEX 's duty and authority "To adopt the rules 
and measures needed to counter unfair international trade practices that affect domestic production, 
exports or, in general, the country 's trade interests "; 
 
Article 88 of the C OPCI provides that the "State shall promote transparency and efficiency in 
international markets and shall encourage equal conditions and opportunities. For these purposes 
and in accordance with the provisions of this Code and of the relevant international  instruments, it 
shall adopt appropriate trade measures to: a) Prevent or remedy any injury or threat of injury to 
domestic industry arising from unfair practices of dumping ( .)"; 
 
In fulfilment of General Provision PRIMO in the aforementioned Code, Execut ive Decree No. 733 was 
issued and published in Official Journal No. 435 of 27 April 2011, establishing Regulations to 
Implement Book IV of the Organic Code of Production, Trade and Investment in relation to 
Trade  Policy, its Supervisory Bodies and Instrume nts "(the Regulation s)"; 
 
By Executive Decree No. 25, published in the Supplement to Official Journal No. 19 of 20 June 2013, 
the Ministry of Foreign Trade was created as the body responsible for trade policy and investment 
and by virtue of that fact is responsible for formulating, planning, directing, managing and 
coordinating foreign trade policy , representing and defending the interests of the State and fully 
exercising the State 's rights in foreign trade matters;  
 
By Executive Decree No. 252, publishe d in the Supplement to Officia l Journal No. 158 of 
11 January  2018, the name "Ministry of Foreign Trade " was changed to "Ministry of Foreign Trade 
and Investment "; 
By Ministerial Decision No. 012 of 15  November 2013 the Organic Statute on Process -Based 
Organizational Management of the Ministry of Foreign Trade was issued which provides that it shall 
be the responsibility of Trade Defence Coordination Office "To safeguard national production 
development against unfair trade practices and variations in intern ational trade that cause or 
threaten injury to domestic industry  or the economy, through  the investigation and administration G/ADP/N/1/ECU/3/Suppl.2  
 
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  of trade defence proposals, procedures and safeguards, and the integration of the negotiating team 
and advisors in such matters into both the public and private sectors in order to protect national 
industrial development ";  
 
Ministerial Decision No. 012 of 15 November 2013 also provides that it shall be the responsibility of 
the Trade Defence Coordination Office "To conduct investiga tions into unfair trade practices and 
safeguards that may affect domestic industry ";  
 
By Decision No. 20 of 18  December 2013  of the Ministry of Foreign Trade "Appointment of Trade 
Defence Coordination Office at the Ministry of Foreign Trade as the Investi gating Authority in Trade 
Defence Matters for the purposes laid down in the Organic Code of Production, Trade and 
Investment, and the Regulations to Implement Book IV of the Organic Code of Production, Trade 
and Investment in relation to Trade Policy, its Supervisory Bodies and Instruments "; 
 
Articles 63, 67 and 69 on the application of anti -dumping measures in the Regulations to Implement 
Book IV of the COPCI  provide respectively: "(.) The parameters for [price] comparison shall be based 
on the provisions made for such cases in international instruments and in those established by 
COMEX for the purpose "; "(.) In making a determination regarding a threat of material injury, the 
authorities should consider the parameters established by COMEX for the purpose "; and, "(.) The 
requirements and other procedural aspects of the investigation shall be established in a resolution 
issued by COMEX ( .)"; 
 
The COMEX, meeting in plenary session on 08  February 2012, adopted Resolution No. 42, approving 
the requirements and procedures for dumping investigations and the application of anti -dumping 
measures;  
 
It is necessary to lay down in-depth regulations governing the substantive requirements that must 
be satisfied in order to be able to impose anti -dumping measures in conf ormity with the COPCI, its 
Regulations and the pertinent provisions of the WTO Agreements, in particular Article VI of the 
General Agreement on Tariffs and Trade and the Agreement on Implementation of GATT Article VI 
(Anti-Dumping  Agreement ) as well as the  provisions of other international trade agreements in 
force;  
 
The implementation of the regulations governing investigations into anti -dumping duties in Ecuador 
must be interpreted in a manner consistent with the case -law of the World Trade Organization 
(WTO);  
 
The authorities must join forces and conduct activities that aim to defend the interests of the nation 
and of exporters when anti -dumping investigations affecting  to Ecuador are initiated, including 
Government participation in such investigation s, the provision of assistance to exporters or use of 
the instruments provided for in the WTO Agreements;  
 
The COMEX meeting in plenary session on 09  August 2018 considered and approved technical report 
No. 005 -CDCAI -2018 of 19  June 2018, presented by the Mi nistry of Foreign Trade and Investment 
(MCEI), which recommend s "(.) The adoption of the draft Resolution containing procedures and 
requirements for the adoption of anti -dumping measures in order to achieve faster and fuller 
development of legislation gove rning the procedural stages of investigations with a view to the 
application of anti-dumping measures ";  
 
Through Decision No. MCE -DM-2015-0002 of 18  June 2015, the Minister for Foreign Trade appointed 
the Vice-Minister for Negotiations, Integration and Tr ade Defence  to act as the Chair of the Plenary 
Committee on Foreign Trade in his absence;  
 
Through Staff Measure No. 374 of 3  July 2018, Diego Caicedo Pinoargote was appointed 
Vice-Minister for Negotiations, Integration and Trade Defence  at the Ministry of Foreign Trade and 
Investment (MCEI);  
 
By Ministerial Decision No. 016 -2018 of 3  July 2018, Pablo Campana, the Minister for Foreign Trade 
and Investment, appointed Jorge Villamarín Molina as Technical Secretary of the COMEX;  
 
In exercis e of the powers conferred by Article  70 of the COMEX Rules of Procedure, issued under 
Resolution No. 001 -2014 of 14 January 2014, in accordance with the other applicable rules,  G/ADP/N/1/ECU/3/Suppl.2  
 
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HEREBY RESOLVES:  
 
TO APPROVE THE MECHANISMS AND PROCEDURES FOR DUMPING   
INVES TIGATIONS AND THE APPLICATION OF ANTI -DUMPING MEASURES  
 
Title I  
Principles and Functions  
 
Article  1.- Object and purpose. - The object of this Resolution is to develop the trade defence 
mechanisms and procedures against dumped imports set out in the COPCI, its Regulations and the 
rules of the World Trade Organization. Those mechanisms and procedures will make it possible to 
counter dumping that cause s or is likely to cause material injury to a domestic industry that produces 
identical and/or like products.  
 
Article  2.- Anti-dumping measures. - In conformity with Article  55 of the Regulation, 
anti-dumping  measures may be applied to any dumped product whose importation into Ecuador 
causes or threatens material injury to domestic industry.  
 
Anti-dumping measures  shall only apply in  conformity with investigations initiated and conducted in 
accordance with the COPCI, its Regulations, the present Resolution and the multilateral rules of the 
World Trade Organization.  
 
Article  3.- Scope. - This Resolution  shall apply t o all imports of goods originating in and/or coming 
from any country or customs territory, whether or not it is a Member of the World Trade 
Organization, by public or private natural or legal persons, in fact or in law.  
 
Where products are not directly imp orted from the country of origin but are exported to Ecuador 
from an intermediate country, this Resolution shall be fully applicable and such transactions shall be 
regarded as having taken place between the country of origin and Ecuador.  
 
Article 4. - Inter national trade agreements, conventions or treaties. - Investigations initiated 
against imports from World Trade Organization Member -countries or customs territories shall be 
conducted in conformity with the relevant provisions of the World Trade Organizatio n Agreements, 
in particular Article  VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on 
Implementation of Article VI of the GATT (Anti -Dumping Agreement). In the event that domestic 
legislation is inconsistent with those Agreements, the supranational rules shall take precedence in 
accordance with the hierarchy of norms in force in Ecuador.  
 
Where imports under  investigation originate in a country with which there are special provisions in 
this respect under an international trade agreement, convention or treaty in force, the measures 
regulated in this Resolution shall be applied in accordance with the provision s of the aforesaid 
international trade agreement, convention or treaty.  
 
Article  5.- Non bis in idem  principle. - No imported product shall be subject at the same time to 
an anti -dumping measure and a countervailing measure for the purpose of offsetting the same 
situation of dumping or export subsidy.  
 
Article  6.- Territorial jurisdiction. - The provisions of the present Resolution are public policy 
provisions applicable throughout Ecuador. For administrative purposes, the Executive  Body, through 
the Ministry  of Foreign Trade and Investment, shall be responsible for implementing these 
provisions.  
 
Article 7. - Initiation of proceedings. - All stages of the proceedings shall proceed ex officio  and 
shall be in accordance with,  inter alia , the principles of promptn ess, efficiency, publicity, impartiality 
and avoiding excessive formality.  
 
Article 8. - Functions. - In conformity with the provisions of COPCI Article  72(j) and (k) and 
Article  52 of the Regulations, the COMEX , after taking cognizance of the relevant repor t submitted 
by the Investigating Authority, is the body having authority to approve and adopt anti -dumping 
measures.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  In conformity with the provisions of COPCI Article  75, the Investigating Authority shall administer 
the investigative trade defence proced ures according to the relevant anti -dumping rules.  
 
In conformity with the first subparagraph of COPCI Article  89, anti -dumping duties shall be collected 
by the Customs Administration together with any applicable foreign trade charges.  
 
In all matters not referred to in the present Article the provisions of the COPCI, the Regulation and 
the suppletory legislation shall apply.  
 
Title II  
Definitions  
 
Article 9. - Definitions. - For the purposes of the present Resolution, the following definitions shall 
apply:  
 
(a) WTO: World Trade Organization.  
 
(b) WTO Member: State or separate customs territory that at th e time of initiation of an 
anti-dumping investigation is a full Member of the WTO.  
 
(c) COPCI: Organic Code Of Production, Trade And Investment of 16  December  2010, including 
the successive amendments thereto.  
 
(d) Regulation s: Regulations to Implement Book IV of the Organic Code of Production, Trade and 
Investment in relation to Trade Policy, its Supervisory Bodi es and Instruments, of 
11 April 2011, including the successive amendments thereto.  
 
(e) Investigating Authority: The Investigating Authority for trade defence means the Trade 
Defence Coordination Office at the Ministry of Foreign Trade and Investment or any body 
appointed to that end in the future.  
 
(f) De minimis  margin of dumping: The margin of dumping shall normally be considered to be 
de minimis  if this margin is less than 2%, expressed as a percentage of the export price.  
 
(g) Negligible volume of dumped imports: The volume of dumped imports shall n ormally be 
regarded as negligible if the volume of dumped imports from a particular country is found to 
account for less than 3% of imports of the product under investigation in Ecuador, unless 
countries which individually account for less than 3%  of the i mports of the product under 
investigation in Ecuador collectively account for more than 7% of imports of the product under 
investigation.  
 
(h) Injury: Injury means:  
 
(h.1) material injury to the domestic industry;  
(h.2) threat of material injury to  the dom estic industry; or  
(h.3) material retardation of the establishment of the domestic industry . 
 
(i) Parties  in an association relationship : Ecuadorian  producers shall be deemed to have an 
association relationship with  Ecuadorian  exporters or importers only in the following 
circumstances:  
 
(i.1) where one of them directly or indirectly controls the other;.  
 
(i.2) where both of them are directly or indirectly controlled by a third person; or  
 
(i.3) where  together they directly o r indirectly control a third person, provided that there are 
grounds for believing or suspecting that the effect of the relationship is such as to cause 
the producer concerned to behave differently from producers  who do not have an 
association relationship  with them .  
 
One producer shall be 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/ECU/3/Suppl.2  
 
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For the purposes of a determination of dumping the terms "association ", "relationship " or 
"link" shall be defined in conformity with the third paragraph of Article  59 of the Regulation s. 
 
(j) Public information: All information not regarded as confidential pursuant to Article  54 of the 
present Resolution shall be deemed public information.  
 
(k) Relevant Ministry for determination of injury: The institution which, because of its powers and 
competence, supervises the domestic industry requesting the measure, and is therefore 
responsible for examining the determination of material  injury or threat of material injury.  
 
(l) Interested parties: The Investigating Authority shall regard the following as interested parties:  
 
(l.1) an exporter or foreign producer or the Ecuadorian  importer of a product under 
investigation, or a trade or business association a majority of the members of which are 
exporters or importers and/or foreign producers of such product;  
 
(l.2) the government of the exporting country or distinct customs territory;  
 
(l.3) a producer of the like product in Ecuador, or an Ecuadorian  trade or business association 
a majority of the members of which produce the like product;  
 
(l.4) Industrial users and domestic consumers provided that they are representative and they 
can feasibly be identified; and  
 
(l.5) Other interested parties determined by the Investigating Authority, for which purpose 
it shall take into account the existence of a legitimate interest or a subjective right that 
may be directly affected, impaired or satisfied as a result of the administrative 
investigatio n. 
 
(m) Interested parties involved:  Those parties who within a period of 15 days from the date of 
publication of the resolution initiating the investigation contact the Investigating Authority to 
make themselves known (establish their standing) and expres s interest in the investigation.  
 
(n) Investigation period: The period of time for collecting and offering data for assessment  of 
each of the various aspects of the investigation. Without prejudice to the Investigating 
Authority taking into account specia l circumstances and determining a different investigation 
period, the following periods shall be determined for gathering data:  
(n.1) Period for investigation of injury. The period for collecting data in investigations for the 
purpose of establishing the e xistence of injury shall normally be at least three years, 
unless the party in respect of which data are being compiled has existed for a lesser 
period, and for an investigation into increased imports shall include the entirety of the 
data collection period. 
 
(n.2) Period for investigation of dumping. The period for collecting data in  dumping  
investigations shall normally be 12  months , may in no event be less than six months, 
and shall normally match the recipient 's most recent accounting period. Upon good 
cause, the Investigating Authority may select any other period prior to the opening of 
the investigation for which financial data or any other reliable data are available.  
 
(o) Product under investigation : The allegedly dumped exported product causing inj ury to 
domestic industry.  
 
(p) Like product: Includes an identical product, namely a product that is the same in every respect 
as the product under investigation. If the examination of similarity leads to a determination 
that there is no identical product,  another product which, although not alike in all respects, 
has characteristics closely resembling those of the product under investigation shall be 
considered a like product. In evaluating similarity, the Investigating Authority shall take the 
relevant ob jective factors into account, including the following:  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  (p.1) raw materials;  
(p.2) chemical composition;  
(p.3) physical characteristics ; 
(p.4) technical standards and specifications;  
(p.5) production processes;  
(p.6) tariff classification;  
(p.7) uses and functions;  
(p.8) interchangeability;  
(p.9) distribution channels; and  
(p.10) any other factor deemed relevant by the Investigating Authority.  
 
The factors referred to in the preceding subparagraph are not an exhaustive list and none of 
these factors individually  or  jointly  necessarily provides decisive guidance.  
 
(q) Domestic producer: Any natural person, entity in fact or in law, whether public or private, 
engaged in any form of economic production activity, acting on their own beh alf or on behalf 
of another, as an Ecuadorian manufacturer of goods like the product under investigation.  
 
(r) Domestic industry: Domestic producers as a whole of like products or those of them whose 
collective output constitutes a major proportion of the total domestic production of those 
products . 
 
However, when producers have an association relationship with  the exporters or the importers 
or are themselves importers of the allegedly dumped product, or of a like product from other 
countries, the term "domestic industry " may be interpreted as referring to the rest of the 
Ecuadorian  producers.  
 
In exceptional circumstances, the term "domestic industry " may be limited to part of the 
territory of Ecuador and may, for the production in question, be divided into  two or more 
competing markets and the producers within each market may be regarded as a separate 
industry if:  
 
(r.1) the producers within such market sell all or almost all of their production of the product 
in question in that market; and  
 
(r.2) the dem and in that market is not to any substantial degree met by producers of the 
product in question located elsewhere in the territory.  
 
In such circumstances, injury may be found to exist even where a major portion of the total 
domestic industry is not injur ed, provided there is a concentration of dumped imports into 
such an isolated market and provided further that the dumped imports cause  injury to the 
producers of all or almost all of the production within such market.  
 
Title III  
Substantive rules  
 
Chapter  I 
Determination of dumping and calculation of the amount and margin  
 
Section I  
General principle  
 
Article  10.- General Principle. - In conformity with Article  56 of the Regulations, and for the 
purposes of the present Resolution, a product is to be considered as being dumped, i.e. introduced 
into the market of Ecuador at less than its normal value, if the export price of the product e xported 
from one country to Ecuador is less than the comparable price, in the ordinary course of trade, for 
the like product when destined for consumption in the exporting country.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  Section II  
Normal value  
 
Article  11.- General principles. - Pursuant to the  first paragraph of Article  59 of the Regulation s, 
the normal value shall in principle be based on the prices actually paid or payable for a like product 
when sold for consumption or use in the domestic market of the exporting country in the ordinary 
cours e of trade.  
 
In conformity with the provisions of Article  60 of the Regulations , when there are no sales of the like 
product in the ordinary course of trade in the domestic market of the exporting country or when, 
because of a particular market situation or the low volume of the sales in the domestic market of 
the exporting country, such sales do not permit a proper comparison, the normal value of the like 
product shall be determined by one of the following means:  
 
(a) by comparison with a comparable pric e of the like product when exported to an appropriate 
third country, provided that this price is representative.  
 
(b) on the basis of the cost of production in the country of origin plus a reasonable amount by 
way of administrative, selling and general co sts, and profits.  
 
For the purposes of this Section , and in accordance with the provisions of the final subparagraph of 
Article  59 of the Regulation s, a determination of "low volume of the sales in the domestic market of 
the exporting country " shall be mad e in conformity with the following: sales of the like product 
destined for consumption in the domestic market of the exporting country shall normally be 
considered a sufficient quantity for the determination of the normal value if such sales constitute 
5% or more of the sales of the product under consideration to Ecuador, however  a lower ratio is 
acceptable where the evidence demonstrates that domestic sales at such lower ratio are nonetheless 
of sufficient magnitude to provide for a proper comparison.  
 
For the purposes of the present Section , a "particular market situation " may be deemed to exist 
when, inter alia , it can be demonstrated that:  
 
(a) price formation in the domestic market, in particular where basic inputs are concerned, does 
not occur under market conditions or is determined or significantly influenced by government 
intervention;  
 
(b) prices are artificially low ; or 
(c) there is significant barter trade, or there are non -commercial processing arrangements.  
 
Where the product under investigation is not imported directly from the country of origin but is 
exported to Ecuador from a third country, the price at which the product is sold from the country of 
export to Ecuador shall normally be compared with the comp arable price in the country of export. 
However, comparison may be made with the price in the country of origin if, for example, the product 
is merely transshipped through the country of export, or such product is not produced in the country 
of export, or t here is no comparable price for it in the country of export.  
 
Article  12.- Associated or related Parties. - In conformity with the second paragraph of Article  59 
of the Regulation s, transactions between associated or related parties or partie s bound by an 
anti-dumping agreement may be considered to be in the ordinary course of trade and used to 
establish normal value only if it is demonstrated that the prices and costs involved are therefore 
comparable to those in transactions between unassociated or unrelat ed parties. The determination 
of an association or relationship must be made in conformity with the provisions of the final 
subparagraph of Article  9(i) of the present Resolution.  
 
The transactions between associated or related parties shall be deemed to b e in the ordinary 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 un related parties.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  Article  13.- Sales at below cost price. - Sales of the like product in the domestic market of the 
exporting country or sales to a third country at prices below per unit (fixed and variable) costs of 
production plus administrative, selling  and general costs will be regarded as not being in the ordinary 
course of trade by reason of price and will be disregarded in determining the normal value where 
the Investigating Authority determines that such sales were made:  
 
(a) over an extended perio d of time;  
(b) in substantial quantities; and  
(c) are at prices that do not provide for the recovery of all costs within a reasonable period of 
time.  
 
Nonetheless, if prices which are below per unit costs at the time of sale are above weighted average 
per unit costs for the period of investigation, such prices shall be considered to provide for recovery 
of costs within a reasonable period of time.  
 
For the purposes of this Section, "extended period of time " shall normally be interpreted as meaning 
one ye ar but shall in no case be less than six months.  
 
For the purposes of the present Section, sales shall have been made at below per unit costs in 
"substantial quantities " where the Investigating Authority establishes that:  
 
(a) the weighted average selling  price in the transactions under consideration for the 
determination of normal value is below the weighted average unit costs ; or 
 
(b) the volume of sales below per unit costs is not less than 20% of the sales under consideration 
for the determination of n ormal value.  
 
Article 14. - Calculation of costs. - 1. In conformity with the third paragraph of Article  61 of the 
Regulation s and for the purposes of the present S ection, costs shall normally be calculated on the 
basis of records kept by the party under investigation, provided that such records are in accordance 
with the generally accepted accounting principles of the country concerned and that it is shown that 
the records reasonably reflect the costs associated with the production and sale of the like pr oduct.  
 
If the costs associated with the production and sale of the like product are not reasonably reflected 
in the records of the party concerned they may be adjusted or established on the basis of the costs 
of other producers or exporters in the same country or, where such information is not available or 
cannot be used, on any other reasonable basis . 
 
2. When calculating costs in conformity with paragraph  1, the authorities shall consider all available 
evidence on the proper allocation of costs, includ ing that which is made available by the exporter or 
foreign producer in the course of the investigation provided that such allocations have been 
historically utilized by the exporter or producer, in particular in relation to establishing appropriate 
amorti zation 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, 
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:  
 
(a) the costs at the end of the start -up per iod; or  
 
(b) if that period extends beyond the period of investigation, the most recent costs which can 
reasonably be taken into account by the authorities during the investigation.  
 
Article  15.- Calculation of administrative, selling and general costs, an d of profits. - For the 
purposes of the present Section , the amounts for administrative, selling and general costs, including 
financial 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 y may be determined on the basis of:  G/ADP/N/1/ECU/3/Suppl.2  
 
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(a) the actual amounts incurred and realized by the exporter or producer under investigatio n in 
respect of production and sales in the domestic market of the country of origin of the same 
general category of products;  
 
(b) the weighted average of the actual amount s incurred and realized by other exporters or 
producers subject to investigation in  respect of production and sales of the like product in the 
domestic market of the exporting country;  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 exporting country.  
 
Article  16.- Other transactions that may not have been made in the ordinary course of 
trade. - The authorities may determine that the following tra nsactions are not made in the ordinary 
course of trade and may be disregarded when calculating the normal value:  
 
(a) sales of samples or sales to employees and donations;  
 
(b) sales to other companies under manufacturing agreements (tolling) or product ex changes 
(swaps);  
 
(c) captive consumption; or  
 
(d) other transactions, as established by the Investigating Authority.  
 
Article  17.- Imports from non -market economy countries. - 1. In the case of imports from 
non-market economy countries, normal value shall normally be determined on the basis of:  
 
(a) the sale price of the like product in a market -economy third country;  
 
(b) the constructed normal value of the like product in a market -economy third country;  
 
(c) the price applied by such third country to exports of the like product to other countries, 
excluding Ecuador; or  
 
(d) where those are not possible, on any other reasonable basis, including the price actually paid 
or payab le in the Ecuadorian  domestic market for the like product, duly adjusted if necessary 
to include a reasonable profit margin.  
 
2. For the purposes of this Resolution, the determination that a WTO Member is "a non -market 
economy " shall be made in conformity with the provisions of the Agreement establishing the World 
Trade Organization and the WTO -covered agreements.  
 
3. In the application for the initiation of an investigation, an applicant who knows that a country 
covered by the application is a non -market economy shall submit information that provides prima 
facie evidence that that country should be treated as a non -market economy. Additionally the 
applicant shall propose a market -economy third country for the purposes of determining the normal 
value.  
 
4. The interested parties in the investigation shall be informed in the decision to initiate proceedings 
of the market -economy third country envisaged and shall be given 20  days to comment. Only those 
comments that are supported by relevant evidence will be t aken into consideration.  
 
5. An appropriate market -economy third country shall be selected in a not unreasonable manner, 
due account being taken of any reliable information made available at the time of selection. A 
market -economy third country which is su bject to the same investigation may be used.  
 
6. The final decision on the market -economy third country which is to be used in the investigation 
shall be included in the preliminary determination.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  7. Where there is a determination that a country under in vestigation is a non -market economy 
country, normal value will be determined in accordance with Articles  11 to 16 of the present 
Resolution, if it is shown, on the basis of substantiated claims by one or more producers from that 
country who are subject to the investigation and in accordance with the criteria and procedures 
established to that end by the Investigating Authority that market -economy conditions prevail for 
that producer or  those  producers in respect of the manufacture and sale of the like produ ct 
concerned. When this is not the case, the normal value shall be determined in accordance with the 
rules set out under paragraph  1 of the present Article.  
 
Section  III 
Export price  
 
Article  18.- Determination of export price. - 1. According to the provisions of the first paragraph 
of Article  62 of the Regulation s, the export price shall be the price actually paid or payable for the 
product when sold for export from the exporting country to Ecuador.  
 
2. When there is no export price or where the expo rt price is deemed to be unreliable because of an 
association or compensatory arrangement between the exporter and Ecuadorian  importer or a 
third party, the export price may be calculated as follows:  
 
(a) on the basis of the price at which the imported pr oducts are first resold to an independent 
buyer ; or  
 
(b) if the products are not resold to an independent buyer or are not resold in the same state in 
which they were imported, the price may be calculated on any reasonable basis.  
 
In these cases, adjustme nt for all costs, including duties and taxes, incurred between importation 
and resale, and for profits accruing, shall be made so as to establish a reliable export price at the 
Ecuadorian  border level.  
 
The items for which adjustment shall be made shall in clude those normally borne by an Ecuadorian 
importer but paid by any party, either inside or outside Ecuador, which appears to be associated or 
to have a compensatory arrangement with the importer or exporter, including:  
 
(a) usual transport, insurance, handling, loading and ancillary costs;  
 
(b) customs duties, any anti -dumping duties, and other taxes payable in Ecuador  by reason of 
the importation or sale of the goods;  
 
(c) and a reasonable margin for selling, general and administrative costs , and profi t. 
 
Section IV  
Fair comparison  
 
Article  19.- General principles. - In accordance with the provisions of Article  63 of the 
Regulation s, a fair comparison shall be made between the export price and the normal value, at the 
same level of trade, normally that o f ex-factory level, and in respect of sales made as nearly as 
possible to the same time and making due allowances for any  differences that affect price 
comparability. Where the normal value and the export price as established are not on such a 
comparable b asis, due allowance in the form of adjustments shall be made in each case, on its 
merits, for differences in factors which are claimed and demonstrated, to affect prices and hence 
price comparability.  
 
The Investigating Authority shall indicate to the parties in question what information is necessary to 
ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties.  
 
Any duplication when making adjustments shall be avoided, in particular in relation to discounts, 
rebates,  quantities and level of trade.  
 
Article  20.- Factors. - Where the conditions specified in subparagraphs (a) to (k) are met, the 
factors for which adjustment can be made are as follows:  
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  (a) Physical characteristics  
An adjustment shall be made for differen ces in the physical characteristics of the product under 
investigation in Ecuador and the like product sold in the domestic market of the exporting country. 
The amount of the adjustment shall  normally  correspond to a reasonable estimate of the market 
value  of the difference.  
 
(b) Import charges and indirect taxes  
An adjustment shall be made to normal value for an amount corresponding to any import charges 
or indirect taxes borne by the like product and by materials physically incorporated therein, when 
intended for consumption in the exporting country and not collected or refunded in respect of the 
product exported to Ecuador.  
 
(c) discounts, rebates and quantities  
An adjustment shall be made for differences in discounts and rebates, including those given fo r 
differences in quantities sold, if these are properly quantified and are directly linked to the sales 
under consideration. An adjustment may also be made for deferred discounts and rebates if the 
claim is based on consistent practice in earlier periods, including compliance with the conditions 
required to qualify for the discount or rebates.  
 
(d) Level of trade  
(i) An adjustment for differences in levels of trade, including any differences which may 
arise in Original Equipment Manufacturer (OEM) sales, sh all be granted where, in 
relation to the distribution chain in both markets, it is shown that:  
 
–  the export price, including a constructed export price, is at a different level of 
trade to the normal value; and  
 
–  the difference has affected price comp arability as demonstrated by consistent and 
distinct differences in functions and prices of the seller for the different levels of 
trade in the domestic market of the exporting country.  
 
The amount of the adjustment shall be based on the market value of t he difference.  
 
(ii) However, in circumstances not envisaged under (i), when an existing difference in level 
of trade cannot be quantified because of the absence of the relevant levels on the 
domestic market of the exporting country, or where certain functions are shown clearly 
to relate to levels of trade other than the one which is to be used in the comparison, a 
special adjustment may be granted.  
 
(e) Transport, insurance, handling, loading and ancillary costs  
An adjustment shall be made for differe nces in the directly related costs incurred for conveying the 
product under investigation or the like product from the premises of the exporter to an independent 
buyer, where such costs are included in the prices charged. Those costs shall include transpor t, 
insurance, handling, loading and ancillary costs.  
 
(f) Packing  
An adjustment shall be made for differences in the directly related packing costs for the product 
under investigation or the like product. The adjustment shall include the differences in the  costs of 
materials and labour.  
 
(g) Credit  
An adjustment shall be made for differences in the cost of any credit granted in respect of the sales 
under consideration, provided that it is a factor taken into account in the determination of the prices 
charg ed. 
 
(h) After-sales costs  
An adjustment shall be made for differences in the direct costs of providing warranties, guarantees, 
technical assistance and services, as provided for by law and/or in the sales contract.  
 
(i) Commissions  
An adjustment shall be made for differences in commissions paid in respect of the sales under 
consideration. The term "commissions " shall be understood to include the mark -up received by a G/ADP/N/1/ECU/3/Suppl.2  
 
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  trader of the product under investigation or the like product if the functions of such a t rader are 
similar to those of an agent working on a commission basis.  
 
(j) Currency conversions  
When the price comparison requires a conversion of currencies, such conversion shall be made using 
the rate of exchange on the date of sale, except when a sale of foreign currency on forward markets 
is directly linked to the export sale involved, in which case the rate of exchange in the forward sale 
shall be used. Normally, the date of sale shall be the date of invoice but the date of contract, 
purchase order or  order confirmation may be used if these more appropriately establish the material 
terms of sale.  
 
Fluctuations in exchange rates shall be ignored and exporters shall be granted at least 60 days to 
reflect a sustained movement in exchange rates during the  investigation period.  
 
(k) Other factors  
An adjustment may also be made for differences in other factors not provided for under 
subparagraphs (a) to (j) if it is demonstrated that they affect price comparability as required under 
this paragraph, in parti cular that customers consistently pay different prices on the domestic market 
because of such factors  
 
Article  21.- Information concerning the factors. - The value of the adjustments shall normally 
be calculated on the basis of pertinent data concerning the period covered by the dumping 
investigation.  
 
Section V  
Calculation of the margin of dumping  
 
Article  22.- General principle. - In conformity with the first paragraph of Article  64 of the 
Regulation s, "margin of dumping " shall be interpreted as meaning the amount by which the normal 
value exceeds the export price, expressed as a percentage of the export price.  
 
As provided for in the second paragraph of Article  64 of the Regulation s, where the margins of 
dumping vary, the weighted average of the margins of dumping may be determined.  
 
Article  23.- Calculation of the margin of dumping. - 1. Subject to the relevant provisions 
governing fair comparison, the ex istence of margins of dumping during the investigation period shall 
normally be established on the following basis:  
 
(a) a comparison of a weighted average normal value with a weighted average of prices of all 
comparable export transactions; or  
 
(b) a comparison of individual normal values and individual export prices to Ecuador on a 
transaction -to-transaction basis.  
 
The margin of dumping calculation shall include all sales to Ecuador of the product under 
investigation, adding positive and negative results found for different transactions or models.  
 
2. A normal value established on a weighted average basis may be compared to prices of individual 
export transactions if the authorities find a pattern of export prices which differs significantly among  
different purchasers, regions or time-period s, and if an explanation is provided as to why such 
differences cannot be taken into account appropriately by the use of a weighted average -to-weighted 
average or transaction -to-transaction comparison.  
 
Article  24.- Individual margin of dumping. - Subject to the relevant provisions of Article  76 of 
the present Resolution, an individual margin of dumping shall be determined for each known exporter 
or foreign producer of the product under investigation.  
 
For the pur pose of determining the individual margin of dumping and of applying 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 w ith a third entity 
is sufficiently close. Any determination in that regard shall be duly explained in the decisions made 
by the COMEX . G/ADP/N/1/ECU/3/Suppl.2  
 
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Chapter III  
Injury and causality  
 
Article  25.- General principles governing the determination of injury. - Any determination of 
injury shall be based on positive evidence and shall include an objective examination of:  
 
(a) the volume of dumped imports;  
 
(b) their effect s on prices of the like product in the domestic market; and  
 
(c) the consequent impact of su ch imports on the domestic industry.  
 
Article  26.- Cumulation. - Where imports of a product from more than one country are 
simultaneously subject to anti -dumping duties investigations, the effects of such imports may be 
assessed cumulatively only if it can be established that:  
 
(a) the margin of dumping established in relation to the imports from each country is more than 
de minimis ; 
 
(b) the volume of imports from each country is not negligible; and  
 
(c) a cumulative assessment of the effects of the imports  is appropriate taking account of the 
conditions of competition between the imported products and the conditions of competition 
between the imported products and the like domestic product.  
 
Article  27.- Volume of the dumped imports and their effect on prices of the like product in 
the domestic market  1. For the purposes of Article  26(a), consideration shall be given to whether 
there has been a significant increase in dumped imports, either in absolute terms or relative to 
production or consumption in Ec uador.  
 
For the purposes of a determination of injury under the present Chapter, imports attributable to any 
exporter or producer for which the authorities determine a margin of dumping of zero or de minimis 
shall not be considered to be "dumped imports ". 
 
2. For the purposes of Article  26(b), consideration shall be given to the following:  
 
(a) whether there has been significant price undercutting by the dumped imports as compared 
with the price of the like product in Ecuador; or  
 
(b) whether the effect of such imports is to depress prices of the like product in Ecuador to a 
significant degree; or  
 
(c) whether the effect of such imports is to prevent price increases of the like product in Ecuador 
which would have occurred in the absence of those imports.  
 
3. None of the factors listed in paragraphs 1 and 2 of the present Article is by itself or jointly 
necessarily sufficient to provide decisive guidance.  
 
Article  28.- Impact of dumped imports on domestic industry. - 1. The examination of the 
impact of the dump ed imports on the domestic industry shall include an evaluation of all economic 
factors and indices having a bearing on the state of the industry, including:  
 
(a) actual and potential decline in:  
(a.1) sales;  
(a.2) profits;  
(a.3) output;  
(a.4) market share ; 
(a.5) productivity;  
(a.6) return on investments; and  
(a.7) utilization of capacity;  
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  (b) factors affecting prices  on the domestic market ; 
 
(c) actual and potential negative effects on:  
(c.1) cash flow;  
(c.2) inventories;  
(c.3) employment;  
(c.4) wages;  
(c.5) growth of the domestic industry;  
(c.6) ability to raise capital or investments; and  
 
(d) the magnitude of the margin of dumping.  
 
2. None of the  economic indices or  factors listed in paragraph  1 of the present Article is by itself or 
jointly necessarily sufficient to provide decisive guidance.  
 
Article  29.- Information relevant for the purposes of evaluating the effect of dumped 
imports. - 1. The effect of the dumped imports shall be assessed in rel ation 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 process; and  
(b) producers ' sales and profits.  
 
2. If such separate identif ication of that production is not possible, the effects of the dumped imports 
shall be assessed by the examination of the production of the narrowest group or range of products, 
which includes the domestic like product, for which the necessary information can be provided.  
 
Article  30.- Causality and non -attribution. - 1. In conformity with the provisions of Article  68 of 
the Regulation s, and for the purposes of dumping as set forth in Articles  27 and 28 supra , it must 
be shown that the dumped imports have si gnificantly contributed to the injury suffered by the 
domestic industry.  
 
2. The demonstration of the causal link required under paragraph  1 of the present Article shall be 
based on an examination of:  
 
(a) all relevant evidence submitted; and  
 
(b) any know n factors other than the dumped 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 dumped imports.  
 
3. Factors which may be relevant for the purposes of the examin ation provided for in paragraph  2 
of the present Article include, inter alia : 
 
(a) the volume and prices of imports of the product under investigation not sold at dumping 
prices;  
(b) the impact of possible import liberalization processes on the domestic market; 
(c) contraction in demand or changes in the patterns of consumption;  
(d) trade restrictive practices of foreign and domestic producers;  
(e) competition between foreign and domestic producers;  
(f) developments in technology;  
(g) export performance;  
(h) productivity of the domestic industry;  
(i) captive consumption; and  
(j) imports or resale of the imported product by the domestic industry.  
 
Article  31.- Determination of threat of injury. - 1. Any determination of threat of injury shall be 
made in conf ormity with the provisions of Article  67 of the Regulation s and the present Resolution. 
Where injury is threatened by dumped imports, the application of anti -dumping measures shall be 
considered and decided with special care.  
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  2. In making a determination pursuant to the provisions of paragraph  1, the authorities should 
consider, inter  alia, the following factors:  
 
(a) a significant rate of increase of dumped imports into Ecuador indicating the likelihood of 
substantially increased importation;  
 
(b) suffici ent freely disposable, or an imminent, substantial increase in, capacity of the exporter, 
indicating the likelihood of substantially increased dumped exports in the Ecuadorian market, 
taking into account the available evidence of the existence of other exp ort markets capable of 
absorbing any potential additional exports;  
 
(c) the fact that imports are entering at prices that will have a significant depressing or 
suppressing effect on domestic prices, and would be likely to increase demand for further 
import s; and  
 
(d) inventories of the product under investigation.  
 
None of these factors by itself can necessarily give decisive guidance but the totality of the factors 
considered must lead to the conclusion that further dumped exports are imminent and that, un less 
protective action is taken, material injury would occur.  
 
3. In examining whether the circumstances set out in paragraph 2(c) have been satisfied, 
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 to Ecuador.  
 
4. Subject to the provisions of paragraph  2, any investigation considering the threat of injury must 
also gather and evaluate information on all the indices and factors liste d in Article  28 of the present 
Resolution. The relevant conclusions shall be included in the relevant determination and public 
notice.  
 
5. A determination of threat of injury in conformity with Article  67 of the Regulation s may be made 
only when, in additi on to the provisions of the final paragraph of that Article, the conclusion is 
reached that unless protective action is taken, material injury would occur.  
 
Title IV 
Rules of procedure  
 
Chapter I  
The application and review thereof; initiation of proceedings and of the investigation;  
rejection  of the application  
 
Article  32.- General principles. - 1. Proceedings for an investigation into anti -dumping duties shall 
normally be initiated on application  by an interested party or exceptionally ex officio,  in line with the 
procedure provided for to that end in COPCI, the Regulation s, the present Resolution and other 
implementation rules established to that end.  
 
The application may be made by one or more p roducers, one or more natural or legal persons, or 
one or more associations acting on behalf of one or more producers.  
 
2. Both the confidential and public versions of the application must be delivered to the Investigating 
Authority by registered post or by hand. Each version of the application, including annexes, must be 
sequentially numbered. They must be clearly labelled "confidential " or "public ". Any document 
submitted that has not been labelled as "confidential " shall be treated as public.  
 
Both versions of the application must also be submitted electronically at the same time as the paper 
versions.  
 
The public version must be drafted in accordance with Article 55 of the present Resolution. In the 
event that the Investigating Authority deter mines that the public version does not comply with the 
provisions of that Article, the applicant shall be requested to submit a new, compliant version prior 
to the initiation of the investigation.  
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  In addition to the original confidential version and two i dentical copies thereof, the applicant shall, 
when so requested by the Investigating Authority, supply such copies of the public version of the 
application as may be requested prior to the initiation of the investigation.  
3. The application shall be deemed  to have been submitted on the first working day following its 
delivery to the Investigating Authority by registered mail or by hand.  
 
4. Unless a decision has been made to initiate an investigation, the Ecuadorian authorities shall avoid 
any publicizing of the application to initiat e an investigation.  
5. In the event that an application to initiate an anti -dumping investigation is delivered to a 
government body or entity other than the Investigating Authority, the receiving entity or body shall 
promptly forward it to the Ministry of Foreign Trade and Investment.  
 
6. An application may be withdrawn prior to the initiation of an investigation, in which case it shall 
be considered not to have been submitted.  
 
Article  33.- Content of an application. - 1. The a pplications referred to in Article  32(1) of the 
present Resolution shall include sufficient evidence of dumping, injury and a causal link between the 
allegedly dumped imports and the alleged injury.  
 
Simple assertion, unsubstantiated by relevant evidence,  cannot be considered sufficient to meet the 
requirements of the present Article.  
 
The application shall contain such information as is reasonably available to the applicant on the 
following:  
 
(a) (1) the identity of the applicant and the domestic industry  by or on behalf of which the 
application is made and, where the applicant is itself a producer, the volume and value of the 
domestic production of the like product by the applicant or in the case of fragmented 
industries, estimates thereof together with t he applicable methodology; (2) the identity of the 
producers (or, to the extent this is not practicable in the case of fragmented industries, 
associations of domestic producers of the like product) supporting the application, and the 
volume and value of do mestic production of the like product accounted for by those such 
producers or associations of producers; and (3) the identity of all known domestic producers 
of the like product (or, to the extent this is not practicable in the case of a fragmented indust ry, 
associations of domestic producers of the like product) and  the total volume and value of 
domestic production of the like product;  
 
(b) a complete description of the allegedly dumped product indicating its tariff (sub) heading in 
the Tariff Classificat ion of Ecuador in force; its uses and characteristics; technical standards; 
the names of the country or countries of origin or export in question; the identity of each 
known exporter or foreign producer and a list of known natural or legal persons importin g the 
product in question including to the extent possible their registered offices, names of their 
legal representatives, telephone and fax numbers and e -mail addresses;  
 
(c) information and supporting documents on the prices at which the product in quest ion is sold 
when destined for consumption in the domestic markets of the country or countries of origin 
or export (or, where appropriate, information on the prices at which the product is sold from 
the country or countries of origin or export to a third co untry or countries, or on the 
constructed value of the product) and information on export prices or, where appropriate, on 
the prices at which the product is first resold to an independent buyer in Ecuador;  
 
(d) evidence that alleged injury to a domestic i ndustry is caused by dumped imports through the 
effects of the dumping; this evidence includes information on the evolution of the volume of 
the allegedly dumped imports, the effect of these imports on prices of the like product in the 
domestic market and the consequent impact of the imports on the domestic industry, as 
demonstrated by relevant factors and indices having a bearing on the state of the domestic 
industry, such as those listed in Article  28(1.a) to (1.d) of the present Resolution. Where the 
application is based on an alleged threat of material injury, the applicant shall also supply the 
evidence available to him on the factors listed in Article  31(2).  
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  The applicant may submit any other information not expressly referred to in paragraphs  (1.a) t o 
(1.d) of the present Article if that information is relevant to the decision whether to initiate an 
investigation. However such information shall be considered by the Investigating Authority only if it 
is supported by relevant evidence.  
2. The applicati on must be made on the form issued to that end by the Investigating Authority.  
 
Article  34.- Acceptance of the application. - 1. Within ten working days following the delivery of 
the application the Investigating Authority shall rule on the acceptability t hereof.  
 
Where justified, the Investigating Authority may extend that period by up to five further working 
days.  
 
2. The application shall be accepted where the Investigating Authority determines that it contains 
the information, supported by the relevant  evidence, described in Article  33 of the present 
Resolution. That determination shall be communicated to the applicant.  
 
The Investigating Authority shall examine the application in accordance with the provisions of 
Article  35 of the present Resolution as  soon as its acceptability has been determined.  
 
3. Where the Investigating Authority determines that an application is incomplete under the terms 
of the requirements set forth in Article  33 of the present Resolution, the applicant shall be given a 
period of up to ten working days to complete it, counted  from the day following the date of receipt 
of the detailed notification of the missing information. That period may be extended at the applicant 's 
request by up to five further working days.  
 
If the said information is not supplied in a proper and timely fashion, the applicant shall be considered 
to have withdrawn the application and the Investigating Authority shall reject  the application and 
file it together with the accompanying documents. N otwithstanding the above, an application shall 
not be reject ed where the applicant clearly shows that the requested information is not reasonably 
available to him. In that event, the Investigating Authority shall try to obtain the necessary 
information by other means.  
 
The Investigating Authority shall give a ruling on acceptability in accordance with paragraph  1 of the 
present Article.  
 
Article  35.- Assessment of the application. - Within a period of 20  working days counted from 
the date of the announcemen t concerning the acceptability of the application, the Investigating 
Authority shall to the extent possible assess the accuracy and relevance of the information and 
evidence recorded in the file in order to determine whether there is sufficient evidence of  dumping, 
injury to the domestic industry and the causal link between the dumped imports and the alleged 
injury such as to justify initiati ng an investigation.  
 
When deemed justified by the Investigating Authority, the period stated in the preceding parag raph 
may be extended by up to ten further working days.  
 
In order to ascertain the accuracy and relevance of the information supplied in the application to 
initiate an investigation, the Investigating Authority is empowered, where it deems it appropriate, 
to carry out on -the-spot investigations of the applicant.  
 
Article  36.- Legitimacy of the applicant. - 1. No investigation pursuant to Article  39 of the present 
Resolution shall be initiated unless, on the basis of an examination of the degree of support f or, or 
opposition to, the application expressed by domestic producers of the like product, it has been 
determined that the application has been made by or on behalf of the domestic industry.  
 
The application shall be considered to have been made by or on behalf of the domestic industry if it 
is supported by those domestic producers whose collective output constitutes more than 50% of the 
total production of the like product produced by that portion of the domestic industry expressing 
either support for or opposition to the complaint.  
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  However, no investigation shall be initiated when domestic producers expressly supporting the 
application account for less than 25% of total production of the like product produced by the 
domestic industry.  
 
2. Where at the t ime of delivery of the application the submitting producer or producers account for 
less than 50% (but more than 25%) of total production of the like product produced by the domestic 
industry, the producer or producers submitting the application shall indi cate to the Investigating 
Authority whether:  
 
(a) other Ecuadorian producers of the like product support the application; and  
 
(b) the producer or producers submitting the application, together with those who support it, 
account for more than 50% of total production of the like product produced by the domestic 
industry.  
 
No investigation may be initiated until the applicant supplies the information required under the 
present paragraph.  
 
3. In the case of fragmented industries involving an exceptionally la rge number of producers, the 
degree of support and opposition may be determined by using statistically valid sampling techniques.  
 
4. The analysis and determination of legitimacy shall be carried out within the period set out in 
Article  35(1) of the presen t Resolution unless that time-frame is extended in conformity with 
Article  35(2). In that event, the analysis and determination of legitimacy shall be carried out within 
the extended time -frame . 
 
Article  37.- Notification. - As soon as possible after an application under Article  35 is accepted, 
and in any event before the initiation of any investigation :  
 
(a) the authorities of the country of origin or source concerned shall be notified of the receipt of 
a duly documented ap plication; and  
 
(b) subject to the provisions of Article  32(4) of the present Resolution, a copy of all the public 
information available in the file shall be forwarded to those authorities.  
 
Article  38.- Technical report on the initiation of an anti -dumpin g investigation. - 1. After 
assessing the application, the Investigating Authority shall forward the relevant technical report to 
the COMEX  for it to make a decision on the initiation of an anti -dumping investigation. That report 
shall give recommendations on all matters that the Committee must deal with.  
 
2. The technical report shall be forwarded to the COMEX  within 20  working days counted from the 
date of the announcement concerning  the acceptability of the application. Where sufficiently 
justified, that time-period  may be extended by up to ten further working days. Under no 
circumstances may the Investigating Authority exceed that time -period.  
 
3. The technical report shall be attached to the confidential part of the file.  
 
Article  39.- Decision on initi ation. - 1. No anti -dumping investigation shall be initiated unless the 
COMEX  determines, on the basis of the relevant report drawn up by the Investigating Authority, 
that:  
 
(a) there is sufficient evidence of dumping, injury to the domestic industry and t he causal link 
between the dumped imports and the alleged injury such as to justify the initiation of an 
investigation;  
 
(b) the margin of dumping is not de minimis , as defined in Article  9(f) of the present Resolution;  
 
(c) the volume of dumped imports is  not negligible under the definition in Article  9(g) of the 
present Resolution;  
 
(d) the applicant is legitimate under Article  36 of the present Resolution ; and  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  (e) the obligation to give notification as set out in Article  37 of the present Resolution has  been 
performed in full.  
 
2. The determination referred to in paragraph  1 shall be made within a maximum of five days 
counted from the date on which the Investigating Authority delivers the technical report on the 
initiation of an anti -dumping investigation.  
 
3. The evidence of both dumping and injury shall be considered simultaneously in the decision 
whether to initiate an investigation . 
 
4. A reasoned decision shall be given containing the determination  on whether to initiate an 
anti-dumping investigation. The decision shall be public and in the event that it allows  an 
investigation, shall contain at least the following information:  
 
(a) a description of the product under investigation, including its tariff classification for customs 
purposes, the name of the exporting country or countries; and to the extent that the 
authorities already have knowledge of them, the names of the exporters and foreign producers 
of the product;  
 
(b) the domestic like product and the domestic industry, incl uding whether any domestic 
producers were excluded from the domestic industry, and the names of the applicant and of 
the domestic producers of the like product (or, if relevant, associations of producers) 
supporting the application and of other domestic pr oducers of the like product insofar as they 
are known to the Investigating Authority;  
 
(c) The procedural background to the investigation, including the date on which the application 
was received and the date of initiation of the investigation;  
 
(d) the ba sis on which dumping is alleged in the application;  
 
(e) a summary of the factors on which the allegation of injury is based;  
 
(f) whether the Investigating Authority is considering the possibility of limiting its examination in 
conformity with Article  76 of the present Resolution, and any procedures in that regard; and  
 
(g) a tentative timetable for the investigation, including the time limits allowed to interested 
parties for making their views known, other indicative time-frame s, periods of data collecti on 
and a contact at the Ministry of Foreign Trade and Investment to whom the address to which 
representations by interested parties should be directed.  
 
5. An investigation shall be regarded as initiated on the day on which the initiation is published in 
the Official Journal in compliance with Article  40 of the present Resolution.  
 
Unless otherwise stated, all the time-period s indicated in Chapter I of the present Title shall be 
counted from that date, including the maximum time allowed for the conclusion of the investigation 
under Article  65 of the present Resolution.  
 
Article  40.- Publication. - 1. The decision of the COMEX  to initiate an investigation shall be 
published in the Official Journal and the website of the Ministry of Foreign Trade and Investmen t. 
The decision shall contain at least all the information set out in Article  12.1.1 of the Anti -Dumping 
Agreement.  
 
That decision shall also be published in a national newspaper with a large circulation. If the content 
of the decision exceeds the reasonab le publication size of the newspaper only the operative part of 
the decision in question shall be published. In that event the public notice shall state that the full 
decision is available in electronic format on the website of the Ministry of Foreign Trad e and 
Investment.  
 
The Investigating Authority shall be responsible for forwarding initiation decisions for publication in 
the Official Journal and the newspaper.  
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  Article  41.- Rejection  of the application. - 1. An application shall be rejected  without delay and 
no investigation initiated when:  
 
(a) an assessment of the application pursuant to the provisions of Article  35 of the present 
Resolution determines that there is insufficient evidence of dumping, injury to the domestic 
industry or a cau sal link between the dumped imports and the alleged injury such as to justify 
the initiation of an investigation;  
 
(b) the volume of actual or potential dumped imports , or the injury,  is negligible under the 
definition in Article  9(g) of the present Resol ution; and  
 
(c) the margin of dumping is zero or de minimis , as defined in Article  9(c) [sic ] of the present 
Resolution;  
 
2. The reasons for rejecting  the application and not initiating an investigation shall be set out in 
detail in writing and notified pr omptly to the applicant.  
 
Article  42.- Ex officio  initiation. - 1. Where in special circumstances the COMEX  decides to initiate 
an investigation without having received a written application from or on behalf of the domestic 
industry it must have sufficien t evidence of dumping, injury to the domestic industry and the causal 
link in conformity with Article  39(1.a) of the present Resolution to justify initiation of the 
investigation. The Committee 's decision shall be made on the basis of the relevant report d rawn up 
by the Investigating Authority.  
 
The COMEX  shall not initiate an investigation ex officio  even though the requirements to that end 
have been met unless the report by the Investigating Authority states in writing that a significant 
share of the dome stic production of the like product has undertaken to submit the information on 
injury requested in Article  28(1) of the present Resolution.  
 
2. Where an Ecuadorian government body or entity as part of its duties holds sufficient evidence of 
dumping and th e consequent injury to a domestic industry, that body or entity shall be empowered 
to draw up an application to initiat e an investigation and submit it to the Ministry of Foreign Trade 
and Investment.  
 
3. The provisions contained in Articles  37 to 41 of t he present Resolution shall apply mutatis 
mutandis  to ex officio  initiations.  
 
Chapter II  
Investigation  
 
Section  I 
Provisions common to all investigations  
 
Subs ection  I 
General principle, interested parties ' rights, assessment of the evidence and rationale 
for the determinations  
 
Article  43.- General principle. - As provided for in Article  54 of the Regulation s, the determination 
of dumping, injury, the causal link between the two, and the application of provi sional or definitive 
anti-dumping measures shall be made pursuant to the provisions of the international treaties and 
agreements in force, whether bilateral, subregional, regional or multilateral, without prejudice to the 
provisions laid down in the Regula tion and the present Resolution.  
 
Article  44.- The interested parties ' rights. - 1. In the investigations carried out pursuant to the 
present Resolution, the authorities shall at all times guarantee the interested parties ' right to a full 
defence and to an adversarial proceeding as provided for in the present Chapter.  
 
In order to give effect to the provisions of the preceding subparagraph, the interested parties and 
all those who can demonstrate a legitimate interest in participating in the investigation m ay furnish 
pertinent evidence, reports and documents, up to 45  working days before the date on which the 
Investigating Authority is due to forward its final technical report to the COMEX . 
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  2. The rights set out in paragraph  1 shall be interpreted and appli ed in light of the authorities ' duty 
to complete the investigation within the time-frame  stipulated in Article  65 of the present Resolution.  
 
Article  45.- Assessment of the evidence and rationale for the determinations. - The 
authorities shall carry out an objective assessment of the evidence in its entirety recorded in the file 
and on the basis of that evidence shall, through duly reasoned decisions, decide whether measures 
should be imposed.  
 
Subsection  II 
Investigation of injury  
 
Article  46.- Investigation of injury. - 1. By virtue of the provisions of the third paragraph of 
Article  53 of the Regulation s, in respect of the investigation of injury the Investigating Authority 
shall be supported by the competent relevant Ministry which shall, withi n the time-frame  laid down 
in the present Resolution, supply it with an analysis of the injury or threat of injury to the domestic 
industry. The Investigating Authority should consider that analysis when preparing its technical 
reports.  
 
The competent rele vant Ministry shall, in close collaboration and cooperation with the Investigating 
Authority, contribute to the process of collecting and verifying all the information required in order 
to carry out the analysis. The Investigating Authority shall promptly forward to the competent 
relevant Ministry all information submitted as part of the investigation that may be relevant for the 
purposes of preparing the analysis referred to in the preceding subparagraph.  
 
2. Where relevant, the Investigating Authority sha ll invite the competent relevant Ministry to 
hearings dealing with matters concerning the determination of injury, and shall participate actively 
in such hearings.  
 
3. In respect of the assessment of injury, the Investigating Authority may seek additional support 
from the competent relevant Ministry in addition to that expressly provided for in this Article.  
 
Subsection  III 
File and access thereto  
 
Article  47.- Content of the file. - 1. Any administrative action shall be recorded in writing and 
added to the respective file, except for action of an oral nature authorized under the regulations. 
The same shall apply to all written submissions by the parties and to their interventions in t he 
proceedings.  
 
2. An administrative file shall be kept for investigation proceedings referred to in the present 
Resolution and shall include all the documentation submitted by the parties, as well as that collected 
ex officio by the Investigating Author ity, which shall be filed chronologically according to the date of 
receipt. All the documentation shall be placed in the administrative file immediately and numbered 
consecutively using ink or any other secure medium.  
 
Without prejudice to the preceding s ubparagraph, documentation submitted out of time or that does 
not meet the formal requirements laid down in Ecuadorian legislation shall not be placed in the file. 
Those requirements shall be notified to the interested parties upon initiation of the invest igation. 
When such information is submitted to the Investigating Authority, the latter shall promptly notify 
the interested party of the decision not to include the documentation concerned in the file. The 
documentation shall be returned promptly to the pa rty that delivered it.  
 
3. The file shall be divided into two parts, one of which shall contain the public information and the 
other the confidential information. From the outset both shall be under the responsibility and 
safekeeping of the Investigating A uthority.  
4. The administrative file shall normally begin with the receipt of the application to initiate an 
investigation and shall contain all the documentation concerning the phase prior to the opening of 
proceedings, as provided for in Chapter  I of the  present Title, in addition to the documentation 
related to the investigation. Each file shall be retained for as long as the measure to which it refers 
remains in force.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  5. Access to confidential information shall be restricted to the competent authoriti es acting in 
performance of their functions, in the course of which the absolute confidentiality of that information 
and the requirement to act as its custodian must be duly maintained.  
 
Article  48.- Access to the public information in the file. - Subject to the provisions of Article  46 
of the present Resolution, the evidence presented in writing by one interested party shall be made 
available upon written request to the other interested parties participating in the investigation.  
 
Upon written request, the  interested parties may see all information in the investigation that is 
relevant to their defence, is not confidential under Article  46 and is used in the investigation, with 
the exception of internal documents drafted by government authorities.  
 
In order  to give effect to the provisions of the present Article, access to the file shall be granted at 
the location stated in the public notice of initiation. Additionally, the Investigating Authority shall, 
upon request, allow copies to be made of the documents  contained in the public part of the file.  
 
Subsection  IV 
Counting of time-frame s and extensions  
 
Article  49.- Counting of time -frames .- 1. The time-period s provided for in the present 
Resolution, including the corresponding end/due dates, shall run continuously.  
 
2. Time-period s that end on a non -working day shall be carried over to the next working day.  
 
3. Unless otherwise provided for, the time-frame s shall be counted from the first working day after 
the publication of the notice or the dispatch o f the relevant correspondence, as appropriate.  
 
4. Time-frame s counted in months shall be counted from the date of the starting month to the same 
date in the month of expiry.  
 
If the month of expiry does not have the same number of dates as the starting month, the final day 
of the month of expiry shall be used.  
 
Article  50.- Extensions. - Applications for extensions, where allowed, shall be considered only if 
they are submitted prior to the expiry of the initial time-frame , and the first day of that extens ion 
shall be the day following the expiry of the initial time-frame . 
 
Subsection  V 
Notice of information and submission of evidence and arguments  
 
Article  51.- Notice of information and submission of evidence and arguments. - 1. All 
interested parties in an  anti-dumping investigation shall be given notice of the information which the 
authorities require.  
 
In order to give effect to the provisions of the previous subparagraph, the Investigating Authority 
shall promptly specify in detail the information required from any interested party and the manner 
in which that information should be structured by the interested party in its response. To that end 
the appropriate forms drawn up by the Investigating Authority shall be sent out.  
 
2. Having regard to the time-frame laid down in Article  44(2), ample opportunity will be afforded to 
[the interested parties to]  present in writing all evidence which they consider relevant in respect of 
the investigation in question.  
 
 
3. The parties may respond to any informatio n contained in the public part of the folder. Their 
comments and arguments shall be taken into account to the extent that they are sufficiently 
substantiated.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  Subsection  VI 
Hearings and technical meetings  
 
Article  52.- General principles. - 1. Interested p arties also shall have the right, on justification , 
to present information orally at hearings or technical meetings.  
 
2. A request to hold a hearing or technical meeting shall be made in writing within the time-frame laid 
down by the Investigating Authorit y and the request shall include a list of the specific matters to be 
addressed. Such hearings or meetings may also be held at the initiative of the Investigating 
Authority.  
 
3. The hearings or technical meetings shall deal with substantive matters governed  under Title  III 
or procedural matters under the present Title.  
 
4. The hearings or technical meetings may be held in the presence of one or more interested parties, 
depending on the matters to be addressed.  
 
5. The oral information submitted shall be take n into account only where it is provided in writing to 
the Investigating Authority within seven  days following the date of the hearing or technical meeting. 
Where confidential handling is requested, a non -confidential summary shall be delivered in the same  
time-frame in accordance with Article  55 of the present Resolution.  
 
If the hearing or technical meeting is recorded the recordings or transcriptions concerned shall be 
attached to the confidential part of the file and sen t to the parties who participated in them. Within 
the time-frame laid down by the Investigating Authority, each interested party participating in the 
hearing or technical meeting shall submit a non -confidential summary of its comments and 
submissions for inclusion in the public part of the file concerned.  
 
6. Guidelines for the preparation and conduct of technical meetings and hearings shall be drawn up 
and published.  
 
Article  53.- Adversarial hearing. - Upon reasoned written request, opportunities shall be provided 
for all interested partie s to meet those parties with adverse interests, so that opposing views may 
be presented and rebuttal arguments offered.  
 
Provision of such opportunities must take account of the need to preserve confidentiality and of the 
convenience to the parties.  
 
There shall be no obligation on any party to attend a meeting, and failure to do so shall not be 
prejudicial to that party 's case.  
 
Subsection  VII 
Protection of confidential information and non -confidential summaries  
 
Article  54.- Confidential information. - 1. Any information which is by nature confidential or 
which is provided on a confidential basis by parties to an investigation shall, upon good cause shown, 
be treated as such by the authorities. Information provided under such conditions shall be clearly  
identified as confidential, otherwise it shall not be considered confidential . Such information shall 
not be disclosed without the specific permission of the party submitting it.  
2. Information may be considered confidential if for reasons of public or i ndividual interest it may 
not be disseminated because its disclosure would afford a competitor a significant advantage or 
would have a significantly unfavourable effect in respect either of the person providing the 
information or of a third party from whic h it was received, likewise information whose disclosure 
could cause serious prejudice to society, the State or the person concerned.  
 
The Investigating Authority will not accede to requests for confidentiality in respect inter alia  of 
information that is  clearly of a public nature in Ecuador or in the public domain in Ecuador or abroad.  
 
3. It shall be the responsibility of the Investigating Authority to decide whether the justification for 
confidentiality is sufficient. Where this is not the case, or whe re the Investigating Authority finds 
that affording confidential treatment could give rise to an unacceptable restriction on the right of G/ADP/N/1/ECU/3/Suppl.2  
 
- 25 - 
 
  other interested parties to a full defence and to an adversarial proceeding, the party shall be advised 
that that info rmation shall not be taken into account in the investigation unless, within the 
time-frame  laid down by the Investigating Authority, it can be satisfactorily demonstrated from 
appropriate sources that the information is correct. If the explanations are not  satisfactory, the 
information shall be returned to the party providing it unless it agrees that the information should 
be made public and consents to its disclosure.  
 
4. The present Article shall not preclude the disclosure of general information and in particular of 
the reasons on which determinations made pursuant to the present Resolution are based, or 
disclosure of the evidence relied on by the COMEX  in so far as is  necessary to explain those reasons 
in court proceedings. Such disclosure must take into account the legitimate interests of the parties 
concerned that State or business secrets shall not be divulged  
 
Article  55.- Non-confidential summaries. - The Investiga ting Authority shall require parties 
providing confidential information to furnish non -confidential summaries thereof. Unless otherwise 
indicated by the Investigating Authority, the non -confidential summary shall be delivered within the 
time-frame allowed f or the submission of the original confidential information.  
 
The non -confidential version shall be identical to the version containing the confidential information, 
except that the confidential information shall be removed and replaced by a summary of tha t 
information. Such summaries shall be sufficiently detailed to permit a reasonable understanding of 
the substance of the information submitted in confidence, for which purpose the explanatory means 
used may include the following: data charts in percentage  terms, a generic explanation of the data 
furnished, etc. The non -confidential summary shall contain an indication in each case of the 
information that has been omitted and the reasons therefor.  
 
In exceptional circumstances, the parties may indicate that the information is not susceptible of 
summary. In such exceptional circumstances, a statement of the reasons why summarization is not 
possible must be provided.  
 
If the Investigating Authority finds that the summaries are not sufficiently detailed or that  the 
reasons given for finding it impossible to summarize the information are not warranted, it may 
disregard such information and return it to the party providing it so that within a time-frame laid 
down by the Investigating Authority it can:  
 
(a) remedy the defect;  
(b) withdraw its submission; or  
(c) authorize its inclusion in the file as non -confidential information or satisfactorily demonstrate 
from appropriate sources that the information is correct.  
 
Subsection  VIII 
Verification of information and o n-the-spot inspections  
 
Article  56.- Verification of information. - 1. Except in the circumstances provided for in 
Article  58, the information on which the conclusions are based shall be examined in the greatest 
detail possible to verify that it is accurate  and complete.  
 
Information shall normally be corroborated by: 
(a) documentary verification of the information supplied by the interested parties or by other 
government bodies, or obtained by the Investigating Authority ex officio ; or 
 
(b) on-the-spot investigations. They shall be conducted in accordance with Article  57 of the 
present Resolution.  
On-the-spot verifications shall begin during the preliminary phase and, if necessary, shall continue 
into the final phase of the investigation. Documentary or any other type of verification can be 
conducted until the closure of the evidential phase .  
 
2. The Investigating Authority may seek the cooperation of other public institutions or state entities 
to verify the information contained in the file.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
- 26 - 
 
  To that end they must, within the time-period  requested by the Investigating Authority, supply 
information  and documents available to them that permits such verification.  
 
Where deemed necessary, the Investigating Authority may request such public institutions or state 
entities to support on -the-spot investigations.  
 
Failure to cooperate may give rise to admin istrative liability and the analogous application of the 
provisions of the second paragraph of Article  101 of the Regulation s. 
 
Article  57.- On-the-spot investigations. - 1. In the notification sent when any investigation is 
initiated, the Investigating Aut hority shall indicate that the information submitted will normally be 
verified through on -the-spot investigations. The notification shall also state that, unless the 
completeness and accuracy of the information supplied can be demonstrated to its satisfact ion by 
means other than an on -the-spot investigation, failure to give express consent to such an 
investigation may give rise to the application of the provisions referred to in Article  58 of the present 
Resolution.  
 
2. The Investigating Authority shall not ify its intention to conduct on -the-spot investigations and the 
proposed dates thereof to:  
 
(a) foreign producers or exporters;  
(b) domestic producers;  
(c) importers;  
(d) users and consumers ; and 
(e) the associations representing their interests; or  
(f) a selected sample of the parties under indents (a) to (e) of the present subparagraph.  
 
Subject to the provisions elsewhere in the present Article concerning consent to the investigation, 
the Investigating Authority may notify its wish to conduct on -the-spot investigations of public bodies 
or private entities that are not interested parties in the investigation provided that it is deemed that 
they can contribute relevant information to the investigation. That power may also be exercised 
within the territ orial scope of Ecuador by the Investigating Authority.  
 
3. The notification referred to in the first subparagraph of paragraph  2 of the present Article shall be 
given formally with a minimum notice period for the investigation of:  
 
(a) 45 days for parties not based in Ecuadorian territory; and  
(b) 20 days for interested parties involved who are based in Ecuadorian territory.  
 
4. Within the time-period  stated in the notification referred to in paragraph  3 of the present Article, 
the parties shall submit their express written consent to the on -the-spot investigation and to the 
dates proposed for those investigations.  
 
If for justified reasons the propos ed date is not accepted, the Investigating Authority shall propose 
alternative dates taking account of the reasons given and the need to conclude the investigation 
within the prescribed time-period s.  
 
Once the consent of the foreign producers or exporters  has been obtained and the dates agreed, the 
authorities of the exporting country shall immediately be notified of the names and addresses of the 
producers and exporters to be investigated, and the dates agreed for the respective investigations.  
 
5. The fo llowing are some of the situations that may give rise to the application of the provisions 
referred to in Article  58 of the present Resolution:  
 
(a) refusal by the authorities of the exporting country to consent to the on -the-spot investigation 
in its terr itory;  
 
(b) refusal by the foreign producers or exporters to consent to the on -the-spot investigation;  
 
(c) refusal to accept the dates proposed for the on -the-spot investigation when the Investigating 
Authority has reasonably tried to accommodate the comments received from foreign 
producers or exporters;  G/ADP/N/1/ECU/3/Suppl.2  
 
- 27 - 
 
   
(d) withdrawal of consent prior to the initiation of th e investigation; or  
 
(e) change to the agreed dates, unless the Investigating Authority determines that that change 
is justified and is possible taking account  of the investigation schedule.  
 
Where Ecuadorian businesses that constitute a significant share of the domestic industry do not 
consent to the on -the-spot investigation or where after making reasonable efforts no agreement can 
be reached with that group of businesses on the dates for the on -the-spot investigations, the 
investigation and relevant proc edure may be concluded without a decision on the merits.  
 
6. The on -the-spot investigation of foreign producers or exporters shall normally be conducted 
following their return of the questionnaire, unless otherwise agreed , and the authorities of the 
export ing country have been notified of the investigation in advance and raised no objections.  
 
The on -the-spot investigations of other interested parties shall also normally be conducted after 
receiving their responses to the questionnaire.  
 
7. Within a time-period of 20  days prior to the initiation of the on -the-spot investigation, the 
Investigating Authority shall supply a verification checklist and state the information it will ask for 
and examine during the visit, in addition to the documents that must be pr oduced. However this 
shall not preclude requests for further details during the visit in the light of the information obtained.  
 
Inquiries or questions put by the authorities or businesses of the exporting country that are essential 
to a successful on -the-spot investigation should, whenever possible, be answered before the visit is 
made.  
 
8. On initiating the on -the-spot investigation the parties shall be allowed the opportunity to clarify 
the information previously submitted to the investigation team.  
 
9. Where one party hinders, obstructs or impedes the normal conduct of an on -the-spot investigation 
in any way, or where it asks for that investigation to be cancelled after it has been initiated, or 
requests it to be concluded before the Investigating Author ity deems it complete according to the 
investigation checklist, the Investigating Authority may immediately terminate the on -the-spot 
investigation having indicated that such action shall give rise to the application of the provisions 
referred to in Articl e 58 of the present Resolution. The facts leading to the premature termination 
shall be set out in detail in the investigation report.  
 
10. Reports of on -the-spot investigations shall be attached to the confidential part of the file 
concerned within ten days following the termination of the on -the-spot investigation. It shall 
immediately be forwarded to the interested party concerned so that within the time-period  indicated 
by the Investigating Authority:  
(a) it can make any comments it deems relevant on t he confidential report; and  
 
(b) it can prepare a non -confidential version thereof. The non -confidential version must be drafted 
in accordance with Article  55 of the present Resolution.  
 
11. In exceptional circumstances, if it proves necessary to include n on-government experts in an 
on-the-spot investigation of foreign producers or exporters, those producers or exporters shall be 
notified to that end along with the authorities of the exporting country.  
 
Such non -governmental experts should be subject to san ctions laid down in the applicable legislation 
in the event that they fail to comply with the requirements concerning the confidential nature of the 
information under inspection.  
 
The Investigating Authority shall not insist on using experts who have reas onably been shown to 
have a conflict of interest with the party subject to the on -the-spot investigation.  
 
12. The on -the-spot investigation shall be financed from the budget set up by the Investigating 
Authority to that end. The interested parties shall n ot finance such investigations.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  Subsection  IX 
Lack of cooperation  
 
Article  58.- Lack of cooperation. - 1. In cases in which any interested party refuses access to, or 
otherwise does not provide, necessary information within the time-frame s provided for in the present 
Resolution or significantly impedes the investigation, provisional or final findings, affirmative or 
negative, may be made on the basis of the facts available.  
 
Where the Investigating Authority finds that any interested party has supplied fals e or misleading 
information, the information shall be disregarded and use may be made of the facts available, 
without prejudice  to any legal proceedings that may be brought.  
 
The interested parties should be made aware in the decision to initiate an investigation and the 
notification thereof of the consequences of non -cooperation.  
 
2. Failure to give a computerized response shall not be deemed to constitute non -cooperation, 
provided that the interested party shows that presenting a computerized respon se would result in 
an unreasonable extra burden or unreasonable additional cost . 
 
3. Where the information submitted by an interested party is not ideal in all respects it should 
nevertheless not be disregarded, provided that any deficiencies are not such as to cause undue 
difficulty in arriving at a reasonably accurate determination and that the information is appropriately 
submitted in good time and is verifiable, and that the party has acted to the best of its ability.  
 
4. If evidence or information is n ot accepted, the supplying party shall be informed forthwith of the 
reasons thereof and shall be granted an opportunity to provide further explanations within the 
time-period  specified. If the explanations are considered unsatisfactory, the reasons for rej ection of 
such evidence or information shall be disclosed and given in published findings.  
 
5. If determinations, including those regarding the margin of dumping, are based on the provisions 
of paragraph 1, including the information supplied in the complai nt, it shall, where practicable and 
with due regard to the time-frame s allowed for the investigation, be checked by reference to 
information from other independent sources which may be available, such as published price lists, 
official import statistics an d customs returns, or information obtained from other interested parties 
during the investigation. Such information may include relevant data pertaining to the world market 
or other representative markets, where appropriate.  
 
6. If an interested party does  not cooperate, or cooperates only partially, so that relevant information 
is thereby withheld, the result may be less favourable to the party than if it had cooperated.  
 
Subsection  X 
Amount and form of anti -dumping duties and the lesser duty rule  
 
Article  59.- Maximum amount of anti -dumping duties. - No anti -dumping duty shall be imposed 
or levied under the present Resolution that surpasses the margin of dumping found to exist.  
 
Article  60.- Lesser duty rule. - The amount of an anti -dumping duty may be lower  than the margin 
of dumping if the COMEX  determines that a lesser duty would be adequate to remove the injury to 
the domestic industry.  
 
Article  61.- Form of anti -dumping duties. - Anti-dumping duties shall be assessed in monetary 
units or ad valorem  percentages or a combination of both.  
 
Subsection  XI 
Closure without the imposition of anti -dumping measures  
 
Article  62.- Closure without the imposition of anti -dumping measures. - 1. An investigation 
shall be closed promptly and the associated proceeding s terminated when, on the recommendation 
of the Investigating Authority, the COMEX  finds that there is insufficient evidence of dumping or 
injury to justify proceeding with the case.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
- 29 - 
 
  The circumstances in the first subparagraph shall be met when, inter alia, the margin of dumping is 
found to be de minimis  or when the volume of dumped imports, whether actual or potential, or the 
injury, are negligible. Those determinations shall be made having regard to the provisions of 
Article  9(f) and (g) of the presen t Resolution.  
 
2. Where an application is withdrawn, a proceeding may be terminated unless its continuation is 
justified on grounds of public interest.  
 
Subsection  XII 
Public notices and notifications thereof  
 
Article  63.- Public notices. - 1. Public notice  shall be given of the following legal acts:  
(a) preliminary determinations, whether affirmative or negative;  
(b) any final determination, whether affirmative or negative;  
(c) decisions to accept an undertaking;  
(d) decisions to terminate an undertaking;  
(e) decisions to terminate a definitive anti -dumping duty; and  
(f) any other actions or decisions:  
(i) that must be publicized in accordance with the provisions of the Anti -Dumping 
Agreement; or  
(ii) where the authorities consider it necessary to publiciz e that notice in order to guarantee 
the interested parties ' right to an adversarial proceeding and a full defence.  
 
2. The legal acts listed in paragraph  1 shall be published in the Official Journal and on the website 
of the Ministry of Foreign Trade and Investment. Publication in the Official Journal shall reproduce 
in its entirety the act adopted by the COMEX  and shall contain at least all the information set out in 
Article  12.2 of the Anti -Dumping Agreement.  
 
The legal acts listed in paragraph  1 shall also be published in a national newspaper with a large 
circulation. If the content thereof exceeds the reasonable publication size of the newspaper only the 
operative part of the decision in question shall be publ ished. In that event the public notice shall 
state that the legal act is available in full in electronic format on the website of the Ministry of Foreign 
Trade and Investment and on paper at the headquarters of the Investigating Authority.  
 
The Investigat ing Authority shall be responsible for forwarding legal acts for publication in the 
Official  Journal and the newspaper.  
 
Article  64.- Notifications. - 1. All notifications of legal acts, or where relevant of separate reports, 
that must be made under Article  63(1) of the present Resolution shall be forwarded to the authorities 
of the exporting country and to other known interested parties.  
 
The Investigating Authority shall make the notifications referred to in this paragraph within a period 
of five days counting from the date of publication of the legal act in question.  
 
2. The Investigating Authority shall notify the National Customs Service of Ecuador for information 
and implementation.  
 
Subsection  XIII 
Maximum time -frame for the conclusion of investig ations  
 
Article  65.- Maximum time -frame for the conclusion of an investigation. - For the 
proceedings initiated pursuant to Articles 39 and 41 of the present Resolution the investigations shall 
where possible conclude within a period or 12  months counted fr om the date of initiation. In 
exceptional circumstances, subject to a reasoned report from the Investigating Authority, the COMEX 
may extend the investigation for a further 6 months up to a maximum of 18  months.  
 
An investigation concludes with the adoptio n of a decision by the COMEX  that either imposes a 
definitive anti -dumping measure or closes the procedure without imposing measures.  
 
Any investigation and associated procedure shall automatically close within a time-frame  of 
18 months if the COMEX  fails to adopt a decision in that regard within that period. In that event the 
public notice of the closure of the proceeding in question shall be published.  G/ADP/N/1/ECU/3/Suppl.2  
 
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  Subsection  XIV 
Other matters  
 
Article  66.- Use of the information submitted by the parties involved. - The information 
received pursuant to the present Resolution may be used only for the purpose for which it was 
requested.  
 
Article  67.- Customs clearance. - The initiation and conduct of an anti -dumping investigation shall 
not hinder customs clearance of the p roduct under investigation.  
 
Section II  
Preliminary phase of the investigation  
 
Article  68.- Initiation of proceedings and an investigation. - 1. The public notice shall state 
that an anti -dumping procedure and an investigation have been initiated. The investigation shall 
cover dumping, injury and causality, which shall be examined simultaneously.  
 
2. For the purposes of representative findings, the investigation periods shall be chosen in 
accordance with the provisions of Article(9)(n) of the present Re solution. Those periods shall be 
stated in the decision to initiate an investigation publicized pursuant to Article  63 of the present 
Resolution. Normally no account shall be taken of information concerning a period subsequent to 
the period of investigatio n. 
 
Article  69.- Notifications, delivery and availability of the application following initiation. - 
1. In conformity with the provisions of Article  71 of the Regulation, within five days following the 
date of initiation of an investigation, the Investigating Authority  shall: 
 
(a) notify the authorities of the country of the product under investigation and all other interested 
parties known to the Investigating Authority of the initiation of the investigation.  
 
For the purposes of this paragraph "interested parties known to the Investigating Authority " 
shall mean all parties known to the Investigating Authority whether as a result of the 
application or through other sources consulted during the phase prior to the opening of 
proceedings until the t ime the initiation decision was taken.  
 
Where the Investigating Authority does not have full information on the address for service of 
an interested party, the Investigating Authority shall take reasonable measures, including 
contacting the authorities of  the country of the product under investigation, in order to comply 
with the obligations laid down under paragraphs (1)(a) and (1)(b) of the present Article.  
 
(b) forward to known foreign producers and exporters and to the authorities of the country of th e 
product under investigation the full public version of the application to initiate an investigation.  
 
Where the number of foreign producers or exporters is particularly high, the full text of the 
application should instead be provided only to the author ities of the exporting country or to 
the relevant trade association who then should forward copies to the exporters concerned.  
 
(c) upon request, make the application to initiate an investigation available to any other interested 
parties  involved . 
 
2. The communications giving effect to the provisions of paragraphs (1)(a) and (1)(b) of the present 
Article shall be made by electronic mail with advice of receipt. Moreover, where relevant, the 
Investigating Authority shall forward communications by certified ma il to those parties for whom it 
has a physical address.  
 
Article  70.- Collection of information and evidence. - 1. The Investigating Authority may 
request and take such evidence as it considers pertinent.  
 
2. In order to give effect to the provisions of Art icle 51 of the present Resolution, the Investigating 
Authority shall send forms to the interested parties, including foreign producers or exporters, to 
gather the information required for the investigation. The forms shall set out in detail the information  
required.  G/ADP/N/1/ECU/3/Suppl.2  
 
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Unless it is deemed necessary to select a sample in accordance with the provisions of Article  76 of 
the present Resolution, those forms shall be forwarded together with the notification under 
Article  69(1)(a).  
 
Model standard forms shall be d rawn up by the Investigating Authority and adapted prior to the 
initiation of an investigation.  
 
3. Within a reasonable period of time after the receipt of the response to the forms, the Investigating 
Authority shall make a preliminary analysis of that res ponse.  
 
Any requests for clarification or additional information shall be directed to the interested party 
concerned in writing and in sufficient time for the Investigating Authority to consider the responses 
that were received in due time . 
 
Article  71.- Time -frame s for the return of responses to requests for information and 
extensions thereto. - 1. The parties to whom the forms referred to in Article  70(2) of the present 
Resolution are sent shall have at least 30  calendar days to respond.  
 
The time-frame for foreign producers or exporters shall be counted from the date of receipt of the 
questionnaire, which shall be deemed to have been received one week from the day on which it was 
sent to the foreign producer or exporter or forwarded to the appropriate dip lomatic representative 
of the exporting country.  
 
Subject to the provisions of the first subparagraph of this paragraph, an extension to the maximum 
period of up to 30 calendar days may be granted, due account being taken of the time required for 
the inves tigation, provided that the party shows due cause for such extension, in terms of its 
particular circumstances.  
 
2. In the event of requests as referred to in Article  70(3) to clarify or elaborate on information 
submitted in a reply to a form, the Investi gating Authority shall set the time -limit by which that reply 
must be delivered. That time-period  shall be sufficient in view of the nature and volume of the 
information requested. The time-frame may be extended in accordance with the provisions of the 
third subparagraph of paragraph 1 of the present Article.  
 
Article  72.- Information from official sources. - The Investigating Authority may request any 
kind of information, including technical advice, from the various departments of government, which 
shall re spond within the time-frame s set in the proceedings. It may also request any opinion it 
considers relevant and any action conducive to the ascertainment of the facts.  
 
Article  73.- Small and medium -sized businesses. - Due account shall be taken of any diff iculties 
experienced by interested parties, in particular small and medium -sized businesses, in supplying 
information requested, and all possible assistance shall be provided.  
 
Article  74.- Requirements governing the acceptability of evidence. - Subject to other 
requirements laid down in the present Resolution, the Investigating Authority shall accept and have 
regard  in its assessments to the studies submitted by the interested parties provided that the 
following conditions are met:  
 
(a) tables and graphs sh all include detailed references to the sources of information  from which 
they are drawn  and specify the calculations used for their preparation, in a manner that allows 
them to be duplicated using the original data;  
 
(b) submissions must indicate the corresponding references and sources used;  
 
(c) statistical and econometric estimates, as well as simulations, shall include all methodological 
information, such as:  
 
(c.1) the database used, /by electronic means , identifying the source of the data and 
identifies the variables and the period to which they refer;  
(c.2) the specification of the computer program used for the estimate;  
(c.3) the justification for the period chosen for the estimate;  G/ADP/N/1/ECU/3/Suppl.2  
 
- 32 - 
 
  (c.4) the justification for the exclusion of an observation in the sample, if applicable;  
(c.5) the explanation for the assumptions used in the econometric analysis or simulation, 
justifying the functional forms adopted;  
(c.6) the explanation of how the proposed tests relate to the matter raised in the investigation 
to which they refer;  
(c.7) the data provided by the party itself, duly accompanied by a statement of responsibility 
for the veracity of the information provided , signed by the respective legal 
representative;  
(c.8) any and all data, detailed calculations, m ethodologies, and information, regardless of 
how they are expressed , which are necessary for a full understanding and duplication 
of the results submitted; and    
(c.9) other information, at the discretion of the Investigating Authority.  
 
Article  75.- Individual margin of dumping. - Except in the circumstances described in 
Article  76(1) of the present Resolution, an individual margin of dumping shall be determined in 
accordance with the provisions of the first paragraph of Article  24. 
 
Article  76.- Sampling. - 1. Where the number of Ecuadorian producers, foreign producers or 
exporters, importers, types of products or transactions is high, the investigation may be restricted  
to: 
 
(a) a reasonable number of interested parties, products or transactions by using s amples which 
are statistically valid on the basis of information available to the authorities at the time of the 
selection; or  
 
(b) the largest volume of production, sales or exports that can reasonably be investigated in the 
time available.  
 
2. The select ion of parties, types of products or transactions made under the present  Article shall 
rest with the Investigating Authority, although preference shall be given to choosing a sample in 
consultation with, and with the consent of, the parties concerned, pro vided that such parties make 
themselves known and make sufficient information available, within three weeks of initiation of the 
investigation, to enable a representative sample to be chosen.  
 
3. In cases where the examination under  the present Article  has been limited , the margin of dumping 
shall nevertheless be calculated for any foreign producer or exporter not initially selected who 
submits the necessary information within the time-frame s provided for in the present Resolution, 
except where the number of exporters or producers is so large that individual examinations would 
be unduly onerous and would prevent completion of the investigation in good time.  
 
4. Where it is decided to sample and  there is a degree of non -cooperation by some or all of the 
parties selected which is likely to materially affect the outcome of the investigation, a new sample 
may be selected.  
 
However, if a material degree of non -cooperation persists or there is insuffi cient time to select a new 
sample, the relevant provisions of Article  58 of the present Resolution shall apply.  
 
Section  III 
Preliminary determination and provisional measures  
 
Article  77.- Preliminary technical report. - 1. The Investigating Authority shall draw up the 
preliminary technical report which shall assess whether provisional anti -dumping duties should be 
applied within 60  days of the date of initiation of the investigation. In the event that one or more of 
the parties does not cooperate, the Investigating Authority shall draw up the report on the basis of 
the best available information in conformity with the provisions of Article  58 of the present 
Resolution.  
 
The preliminary technical report shall present and assess all the information and evidence in respect 
of each of the substantive matters contained in Title  III alongside the procedural matters concerning 
the phase prior to the initiation and the preliminary phase of the investigation. It shall contain 
recommendations on each of the aspects on which the COMEX  must make a decision, including the 
amount of provisional duties they intend to apply.  G/ADP/N/1/ECU/3/Suppl.2  
 
- 33 - 
 
   
2. The technical report shall be forwarded to the COMEX  taking into account the time-frame s stated 
in Article  81 of this Resolution and shall be attached to the confidential part of the file concerned.  
 
Article  78.- Content of the preliminary determination. - The decision of the COMEX  containing 
the preliminary determination shall set out sufficiently detailed explan ations of the underlying 
analysis of dumping, injury and the causal link between the dumped imports and the alleged injury 
and shall refer to the matters of fact and law which have led to the interested parties ' arguments 
being accepted or rejected.  
 
In particular, each preliminary determination shall, due regard being paid to the requirement for the 
protection of confidential information, contain at least:  
 
(a) the names of the foreign producers or exporters to whom the provisional anti -dumping 
measures sh all apply or, where the number of such producers or exporters is so high as to 
make it impractical to list them separately, the names of the countries in which the 
investigated producers or exporters are located;  
(b) a description of the product in questio n, including its tariff classification for customs purposes;  
(c) information concerning the domestic like product and the domestic industry, including the 
names of all known domestic producers of the like product;  
(d) the periods of data collection for bot h the preliminary dumping and preliminary injury analysis;  
(e) the margins of dumping established and information concerning the calculation of the margins 
of dumping, including a full explanation of the basis upon which normal values were 
established (sal es in the domestic market, sales to a third market or constructed normal 
value), the basis upon which export prices were established (including, if appropriate, the 
adjustments related to the construction of export prices), and the methodology used in the 
comparison of normal values and the export prices (including any adjustments made to reflect 
differences affecting price comparability);  
(f) information relevant to the injury determination as set out in Title  III, Chapter III, including 
information concer ning the domestic market for the subject imports and the like product, the 
volume and the price effects of the subject imports, the consequent impact of the subject 
imports on the domestic industry and, if relevant, the factors leading to a conclusion of t hreat 
of material injury or material retardation of the establishment of a domestic industry;  
(g) information concerning any use of all or some of the known  facts, including, where applicable, 
the reasons why information submitted by a party was rejected;  
(h) information concerning the on -the-spot investigation of information used by the authorities, 
if such verification was undertaken;  
(i) information on any provisional measures being imposed, including the form, level, and 
duration of such measures; and  
(j) information concerning next steps in the process, and related time-frame s, and information 
concerning a contact to whom representations by interested parties should be directed.  
Article  79.- Requirements for the imposition of provisional anti -dumping duties. - 
Provisional duties may be imposed only where the following requirements have been met:  
 
(a) an investigation has been initiated in accordance with Article  39 of the present R esolution;  
(b) a public notice has been given to that effect and interested parties have been given adequate 
opportunity to submit information and make comments pursuant to Articles 40, 44 and 51 of 
the present Resolution;  G/ADP/N/1/ECU/3/Suppl.2  
 
- 34 - 
 
  (c) the COMEX  has issued an affirmative preliminary determination on dumping and the 
consequent injury to the domestic industry; and  
(d) the COMEX  finds that such duties  are necessary to prevent injury being caused during the 
investigation and that the interests of Ecu ador call for intervention to prevent such injury.  
Article  80.- Decision on the imposition of provisional anti -dumping duties. - 1. The COMEX  
shall decide on the basis of the preliminary technical report drawn up by the Investigating Authority 
whether it is  appropriate to impose provisional anti -dumping duties.  
2. Provisional anti -dumping duties may be imposed only when the requirements listed in Article  79 
have been satisfied. In that event , the COMEX  may decide to:  
 
(a) continue the investigation without imposing provisional duties;  
 
(b) continue the investigation with the imposition of provisional duties; or  
 
(c) deem the investigation closed without imposing anti -dumping measures and terminate the 
procedure.  
 
3. Provisional duties may not be imposed in a ny of the situations referred to in Article  62 of the 
present Resolution. In that case, the COMEX  shall decide to:  
 
(a) continue the investigation without imposing provisional duties; or  
 
(b) deem the investigation closed without imposing anti -dumping meas ures and terminate the 
procedure.  
 
4. Where conditions are suitable, the provisional anti -dumping duties shall be imposed under the 
COMEX decision  adopt ing the preliminary determination.  
 
Article  81.- Time -frame s.- 1. Provisional duties shall not be applied sooner than 60  calendar days 
or more than eight months from the date of publication of the decision to initiate the investigation.  
 
2. The application of provisional measures shall be limited to as short a period as possible, not 
exceeding four mon ths or, on decision of the competent authority, upon request by exporters 
representing a significant percentage of the trade involved, to a period not exceeding six months. 
When authorities, in the course of an investigation, examine whether a duty lower t han the margin 
of dumping would be sufficient to remove injury, these periods may be six and nine months, 
respectively.  
 
Article  82.- Amount of provisional anti -dumping duties. - 1. The amount of the provisional anti -
dumping duty shall not exceed the provis ionally applied margin of dumping. Under the provisions of 
Article  60 of the present Resolution, the amount may be lower than that margin if the COMEX  
determines that a lower duty would be sufficient to remove the injury caused to the domestic 
industry.  
 
2. Where the examination of the foreign producers or exporters has been limited pursuant to 
Article  76 of the present Resolution, the anti -dumping duty applied to imports from foreign producers 
or exporters who made themselves known during the time-period  laid down for that purpose but 
who were not included in the examination shall not exceed the weighted average of the margin of 
dumping established for the parties in the sample.  
 
In the circumstances referred to in Article  58 of the present Resolution, for  the purposes of the 
present paragraph, zero and de minimis margins of dumping and the amounts of the same shall be 
disregarded.  
 
Individual duties shall apply to imports from any foreign producer or exporter for whom an individual 
margin of dumping has be en calculated, pursuant to Article  76 of the present Resolution.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
- 35 - 
 
  Article  83.- Form and payment of provisional anti -dumping duties. - Provisional duties shall 
be covered by a bond or security posted in the form and subject to the conditions laid down in 
customs legislation. Customs clearance of the products in question shall be contingent upon the 
lodging of such a bond or security.  
 
Final payment of the provisional duties shall be in accordance with the provisions of Section  VI, 
Subsection  III of the presen t Chapter.  
 
Article  84.- Public notice. - Public notice shall be given of all preliminary determinations, whether 
affirmative or negative. That notice shall be in accordance with the provisions of Article  63(2) of the 
present Resolution.  
  
Article  85.- Notification. - 1. The public notice referred to in Article  84 shall be notified to the 
known interested parties and the National Customs Service in accordance with the provisions of 
Article  64 of the present Resolution.  
 
2. Additionally, the Investigating Aut hority shall send each foreign producer or exporter in respect 
of which it has set an individual provisional rate of duty the calculations used in respect of that 
producer or exporter for the purposes of determining the margin of dumping as well as whether  a 
lower duty is to be imposed.  
 
The calculations shall be provided either in electronic format (such as a computer program or 
spreadsheet) or in another appropriate form, together with a detailed explanation of the information 
used, the sources thereof a nd any adjustments made to the information before it was used in the 
calculations. The communication and explanation shall contain sufficient detail to enable the 
interested party to duplicate the calculations without too much difficulty.  
 
Section IV  
Price  undertakings  
 
Article  86.- Prior assumptions. - In investigations into dumping, exporters may offer 
undertakings. Undertakings shall not be sought or accepted unless a preliminary affirmative 
determination of dumping  and the injury caused by it has been ma de. 
 
Article  87.- Communication, offer and content of price undertakings. - 1. Exporters may offer 
to review their prices or to cease exporting to Ecuador at dumped prices such that the injurious 
effect of the dumping is eliminated. Offers by exporters may be made individually or jointly.  
 
Price increases under such undertakings shall not be higher than necessary to eliminate the margin 
of dumping. Those increases may be less than the margin of dumping if, following a report from the 
Investigating Authority, the COMEX determines that increas es would be adequate to remove the 
injury to the domestic industry.  
 
2. The Investigating Authority may suggest undertakings but no exporter shall be forced to accept 
them. The fact that an exporter do es not offer such undertakings, or do es not accept an i nvitation 
to do so, shall in no way prejudice the consideration of the case.  
 
3. The offer of undertakings shall be made in writing within the time-frame  laid down to that end by 
the Investigating Authority.  
 
A written public version of the undertakings mu st be supplied at the same time that the confidential 
version is submitted. The public version must be drafted in accordance with Article  55 of the present 
Resolution.  
 
Article  88.- Consultation of the domestic industry. - Once the voluntary undertaking has  been 
received, the Investigating Authority shall communicate its submission to the domestic industry. 
That communication shall include a non -confidential version of the undertaking and shall allow 
domestic producers a period of ten days in which to make the submissions they deem appropriate 
for the defence of their individual or joint interests.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  Article  89.- Acceptance or rejection of undertakings. - 1. Following a report from the 
Investigating Authority, the COMEX  shall, in a reasoned decision, accept the  undertakings when it is 
satisfied that their implementation will eliminate the injurious effect of the dumping.  
 
2. Undertakings offered need not be accepted if the COMEX  considers their acceptance impractical, 
for example if the number of actual or pote ntial exporters is too great, or for other reasons, including 
reasons of general policy. Should the case arise and where practicable, the reasons that led them to 
consider acceptance of an undertaking as inappropriate  shall be notified to the authorities o f the 
exporting country or the exporter  who shall, to the extent possible, be allowed  the opportunity to 
make comment. The reasons for rejection shall be stated in the relevant determination and public 
notice.  
 
Article 90 .- Suspension or termination of the  investigation. - The investigation may be 
suspended or terminated without the imposition of provisional or definitive measures if the COMEX  
accepts the offer of satisfactory price undertakings. Where the undertakings do not cover all the 
exporters, the inv estigation shall continue in respect of those that have not accepted undertakings.  
 
The word "may" shall not be interpreted to allow the simultaneous continuation of proceedings with 
the implementation of undertakings, except as provided in Article 91 of the present Resolution.  
 
Article  91.- Continuation of the investigation. - The investigation of dumping and injury shall be 
completed if the exporting country so desires or the Investigating Authority so decides. In that event , 
if a negative determination o f dumping or injury is made, the undertaking shall automatically lapse, 
except in cases where such a determination is due in large part to the existence of an undertaking. 
In such cases, the authorities may require that an undertaking be maintained for a r easonable 
period.  
 
In the event that an affirmative determination of dumping and injury is made, the undertaking shall 
continue consistent with its terms and the provisions of the present Resolution.  
 
Article  92.- Periodic information. - The Investigating Authority may request any  exporter from 
whom an undertaking has been accepted to provide periodically information relevant to the fulfilment 
of such an undertaking, and to permit verification of pertinent data. Non -compliance with such 
requirements shall be construed as a breach of the undertaking.  
 
Article  93.- Evaluation and determination of a breach of a price undertaking. - 1. Any 
interested party, entity or government body may submit information showing prima facie  evidence 
of a breach of an undertakin g. The subsequent assessment of whether a breach of an undertaking 
has occurred shall normally be concluded within four months, but in no case later than six months 
following the submission of a duly substantiated request.  
 
The Investigating Authority may request the assistance of government bodies or entities in the 
monitoring of undertakings  
 
2. In the event of a breach of undertaking, the Investigating Authority may recommend that the 
COMEX  should promptly adopt actions that may consist in the immediate application of provisional 
anti-dumping measures using the best information available. In such cases, definitive duties may 
be collected in accordance with the provisions of Article  111 of the present Resolution.  
 
Section  V 
Final phase of the investigation  
 
Article  94.- Proceedings of the parties following the preliminary determination. - 1. Within 
20 days following the date of publication of the preliminary determination, the interested parties 
may:  
 
(a) submit comments on the determination; and  
 
(b) reque st a hearing.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
- 37 - 
 
  2. Within ten days following the date of publication of the preliminary determination, technical 
meetings may be held to explain the calculations communicated pursuant to Article  85(2) of the 
present Resolution.  
 
3. The interested parties may continue to exercise the rights set out in Section  I of the present 
Chapter, within the time-frame s provided for to that end in the present Resolution or in the 
preliminary decision .  
 
Article  95.- Report on the essential fact s.- 1. After the conclusion of the evidential phase and 
prior to forwarding the final technical report to the COMEX , the Investigating Authority shall provide 
all interested parties with a written report of the essential facts which they intend will form t he basis 
for the decision whether to apply definitive measures.  
The content of the report shall not prejudice any subsequent decision that the COMEX  may adopt 
but where such a decision is based on any different facts, they shall be disclosed as soon as po ssible.  
 
2. The interested parties shall have 15  days in which to respond to the report on the essential facts.  
 
Article  96.- Final technical report. - The Investigating Authority shall draw up the final technical 
report assessing  whether definitive anti -dumping measures should be imposed based on the 
information and evidence compiled before the closure of the evidential phase . The Investigating 
Authority shall also address the comments received in response to the report on the essential facts.  
 
The final technical report shall present and assess all the information and evidence on each of the 
substantive matters contained in Title  III alongside the procedural matters concerning the 
pre-initiation , the  preliminary and the final phases of the investigation. It shall contain 
recommendations on each of the aspects on which the COMEX  must make a decision, including the 
amount of the definitive duties it intend s to apply and if appropriate the extent to which it intend s 
to levy such duties retroactively.  
 
2. The  technical report shall be forwarded to the COMEX  in due time having regard to the provisions 
of Articles  100 and 65 of the present Resolution. That report shall be attached to the relevant file.  
 
Section  VI 
Imposition of anti -dumping measures and collection of anti -dumping duties  
 
Subsection  I 
Imposition of anti -dumping measures  
 
Article  97.- Content of the final determination. - The decision of the COMEX  containing the final 
determination shall include sufficiently detailed explanations of the analysis underlying the dumping, 
injury and causal link between the dumped imports and the alleged injury. Where appropriate, that 
decision shall also set out the r easons which led to the imposition of definitive duties or the 
acceptance of undertakings, due regard being paid to the requirement to protect confidential 
information.  
 
The final determination shall contain the information listed in Article  78(a) to (j) of the present 
Resolution, to the extent applicable, as well as the reasons for the acceptance or rejection of relevant 
arguments or claims made by the exporters, foreign producers and importers, during the final stage 
of the investigation.  
 
Article  98.- Requirements for the imposition of definitive anti -dumping duties. - Definitive 
anti-dumping measures may be imposed only in the following circumstances : 
 
(a) the requirements of Article  79(a) and (b) of the present Resolution have been met;  
 
(b) the COMEX  has issued an affirmative final determination on dumping and the consequent 
injury to the domestic industry; and  
 
(c) the COMEX  judges that the interests of Ecuador call for intervention to prevent such injury.  G/ADP/N/1/ECU/3/Suppl.2  
 
- 38 - 
 
  Article  99.- Decision on the imposition of def initive anti -dumping measures. - 1. The COMEX  
shall decide on the basis of the final technical report drawn up by the Investigating Authority whether 
it is appropriate to impose definitive anti -dumping measures, the ir amount and form (namely 
anti-dumping du ties or undertakings).  
 
2. Definitive anti -dumping measures may be imposed only when the requirements listed in Article  98 
have been satisfied. In that case, the COMEX  may decide : 
 
(a) to close the investigation with the imposition of definitive measures;  or 
(b) to deem the investigation closed without imposing anti -dumping measures and terminate the 
procedure.  
 
3. An investigation shall be deemed closed without imposing anti -dumping measures and the 
procedure terminated in any of the situations referred t o in Article  62 of the present Resolution.  
 
4. Where the conditions are met, the definitive anti -dumping measures shall be applied under the 
COMEX  decision adopting the final determination.  
 
Article  100.- Time -frame s.- Definitive anti -dumping measures shall only be imposed within the 
time-frame  laid down for the conclusion of the investigation, in accordance with the provisions of 
Article  65 of the present Resolution.  
 
Article  101.- Amount. - The provisions of Article  59 of the present Resolution shall apply 
mutatis  mutandis  to the definitive anti -dumping duties.  
 
Article  102.- Public notice. - Public notice shall be given of all final determinations, whether 
affirmative or negative. That notice shall be in accordance with  the provisions of Article  63(2) of the 
present Resolution.  
 
Public notice shall also be given of the closure or suspension of an investigation following the 
acceptance of an undertaking pursuant to Article  89(1) of the present Resolution. In that event, i n 
addition to the provisions of the preceding subparagraph, the notice shall include the public part of 
the undertaking.  
 
Article  103.- Notification. - The provisions of Article  64 of the present Resolution shall apply 
mutatis mutandis  to the definitive ant i-dumping duties.  
 
Subsection  II 
Collection of anti -dumping duties  
 
Article  104.- Collection of anti -dumping duties. - 1. The National Customs Service shall be the 
competent authority to collect definitive anti -dumping duties taking into account to that end  the 
arrangements for collection and the applicable procedures prescribed by the COMEX . 
 
2. Anti -dumping duties shall be collected separately from customs duties, taxes and other charges 
normally imposed on imports. Anti -dumping duties are not fiscal in na ture and are not subject to 
the general principles of tax law.  
 
3. When an anti -dumping duty is imposed in respect of any product, such anti -dumping duty shall 
be levied, in the appropriate amounts in each case, on a non -discriminatory basis on imports of such 
product from all sources found to be dumped and causing injury, except for imports from those 
sources from which price undertakings under the terms of the present Resolution have been 
accepted.  
 
4. In order effectively to monitor the measures in force , the National Customs Service shall report 
monthly to the Investigating Authority on the imports of products subject to measures and the 
amount of duty collected pursuant to the present Resolution.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  Subsection  III 
Retrospective collection of duties  
 
Article  105.- General principles. - 1. Anti -dumping measures, whether provisional or definitive, 
shall only be applied to products which are cleared by customs for free circulation after the date of 
entry into force of the measures adopted pursuant to Artic le 80(1) or Article  99(1), as appropriate, 
subject to the exceptions set out in the present Resolution.  
 
2. Any determination of the COMEX  ordering the retrospective collection of anti -dumping duties shall 
include the rationale for such determination.  
 
Article 106.- Requirements for the retrospective application of definitive anti -dumping 
duties. - 1. Definitive anti -dumping duties shall only be applied retrospectively when an affirmative 
final determination is made of dumping causing material injury to the domestic industry.  
 
2. Without prejudice to the provisions of paragraph  1 of the present Article, when an affirmative 
final determination is made of dumping threatening material injury  to the domestic industry, 
anti-dumping duties may be applied retrospect ively if it has been demonstrated that that threat 
would have become material injury if provisional anti -dumping measures had not been applied.  
 
Article  107.- Refund, reimbursement or cancellation of provisional anti -dumping duty. - 
1. The amount of the pro visional duty collected or guaranteed by deposit or bond, shall be refunded, 
reimbursed, or cancelled promptly in the following cases:  
 
(a) where the final affirmative determination of injury is based on the threat of material injury to 
the domestic indust ry, except in the circumstances provided for in Article  106(2) of the 
present Resolution;  
 
(b) where the final determination of injury is based on a material retardation to the establishment 
of the domestic industry; or  
 
(c) where a negative final determin ation is made on dumping, damage to the domestic industry 
or causal link.  
 
2. The appropriate refunds shall be made by the customs authority in accordance with the procedures 
established for the purpose.  
 
Article  108.- Higher definitive anti -dumping duty t han provisional. - If the definitive 
anti-dumping duty is higher than the provisional duty paid or the amount estimated for the purposes 
of the guarantee, the difference shall not be collected . 
 
Article  109.- Anti-dumping duty lower than provisional. - If the definitive anti -dumping duty 
is lower than the provisional duty paid or the amount estimated for the purposes of the guarantee, 
the full amount or the overpayment shall be refunded to the importers, or the security shall be 
refunded or collected only in part. 
 
Article  110.- Collection of definitive anti -dumping duty before the date of application of a 
provisional measure. - 1. In critical circumstances, a definitive anti -dumping duty on products 
cleared by customs for consumption may be collected not more than 90  calendar days prior to the 
date of application of provisional measures, but not before the initiation of the investigation.  
 
2. Paragraph  1 shall apply provided that:  
 
(a) the Investigating Authority has given the affected importers the opportunity to comment;  
 
(b) there is a history of injurious dumping or that the importer was, or should have been, aware 
that the exporter practised dumping and that such dumping would cause injury;  
 
(c) the injury is found to be caused by massive dumped imports of a product in a relatively short 
time which in light of the timing and the volume of the dumped imports and other 
circumstances (such as a rapid build -up of inventories of the imported product) is likely to 
seriously undermine the remedial effect  of the definitive anti -dumping duty to be applied.  G/ADP/N/1/ECU/3/Suppl.2  
 
- 40 - 
 
   
Article  111.- Retrospective collection in the event of a breach of undertakings. - In the event 
of a breach of undertakings definitive duties may be collected on goods cleared by customs for 
consumption n ot more than 90 calendar days before the date of application of provisional measures, 
provided that any such retro spective assessment shall not apply to imports made before the breach 
of the undertaking.  
 
Section  VII 
Duration of anti -dumping measures  
 
Article 112.- Duration of anti -dumping measures. - 1. In accordance with the provisions of 
Article  89 of the COPCI and Article 11.3 of the Anti -Dumping Agreement, anti -dumping measures 
shall remain in force only as long as and to the extent necessary to counter act the dumping which 
is causing injury to the domestic industry.  
 
2. Subject to the provisions of paragraph  1 of the present Article and in conformity with the 
provisions of Article  89 of the COPCI, the definitive anti -dumping measures shall expire no lat er 
than:  
 
(a) five years after their imposition; or  
(b) five years counted from the date of the closure of the last review on dumping, injury to the 
domestic industry and the causal link between dumped imports and the alleged injury.  
 
In conformity with the provisions of the second paragraph of Article  74 of the Regulation s, the period 
of application of a provisional anti -dumping duty shall be counted as part of the total duration of the 
measure  
 
Chapter III  
Suspension  
 
Article  113.- Suspension of collection of anti -dumping measures. - For reasons of public 
interest, the measures laid down under the present Resolution may , on the basis of a duly reasoned 
report by the Investigating Authority, be suspended for a period of nine months under a decision of 
the COMEX . Where there are reasons for so doing, the Investigating Authority shall recommend that 
the COMEX  should, on the basis of a duly reasoned report, extend the suspension for a further period 
of not more than one year.  
 
Measures may only be suspe nded where market conditions have temporarily changed to an extent 
that injury would be unlikely to recur as a result of the suspension, and provided that the Ecuadorian 
domestic industry has been given an opportunity to comment and those comments have been taken 
into account. Measures may at any time be reinstated if the reason for suspension is no longer 
applicable.  
 
Chapter IV  
Reviews and anti-circumvention investigations  
 
Section  I 
Provisions common to all reviews and anti-circumvention investigation s 
 
Article  114.- General principles. - 1. In conformity with the provisions of the first paragraph of 
Article  91, anti -dumping measures may be reviewed or amended periodically at the request of a 
party or ex officio  as appropriate, at any time, whether or n ot the measures in question are the 
subject of national or international administrative or judicial dispute proceedings. The reviews shall 
be initiated and terminated by decisions of the COMEX  on the basis of the relevant technical reports 
drawn up by the Investigating Authority.  
 
The present Chapter shall apply to reviews  conducted on the following grounds : 
 
(a) changed circumstances;  
(b) new exporter;  
(c) refund; and  
(c) expiry.  G/ADP/N/1/ECU/3/Suppl.2  
 
- 41 - 
 
   
2. The present Chapter shall also apply to anti -circumvention  investigatio ns conducted pursuant to 
Article  81 of the Regulation s.  
 
Article  115.- Application of provisions on initiation and the investigation. - 1. The provisions 
of Chapter I and Section I of Chapter  II of the present Title, in particular in respect of the rights of 
the parties, the notice of information and the submission of evidence and arguments, the assessment 
of  evidence and the rationale for the determinations shall apply mutatis mutandis to reviews and 
anti-circumvention  investigations, except as otherwise provided in the present Chapter.  
 
2. Where a review or anti -circumvention investigation examines matters related to injury, the 
provisions of Article  46 of the present Resolution shall apply mutatis mutandis .  
 
Article  116.- Content of the application to initiate a review or anti-circumvention 
investigation .- The Investigating Authority shall give public notice of the minimum content of the 
application for initiation which shall include the minimum content f or each review and for the 
anti-circumvention inv estigations provided for in Sections  II to VI of the present Chapter.  
 
The applications for initiation shall normally be made on the forms drawn up and published to that 
end by the Investigating Authority.  
 
Article  117.- Time -frame for the assessment of the application and determination on the 
initiation of a review or anti -circumvention investigation. - 1. Applications to initiate reviews 
or anti-circumvention investigations shall be assessed within a reasonable time-frame  not normally 
exceeding three mon ths counted from the date of their delivery to the Investigating Authority. In 
the case of applications for expiry reviews, the determination with respect to the initiation of a review 
shall be reached before the expiry of the measure in force.  
 
2. The Inv estigating Authority shall examine whether there is sufficient evidence, whether submitted 
in the application or obtained ex officio , justifying the initiation of the review or anti-circumvention 
investigation, and shall prepare the relevant technical repo rt on initiation. That report shall contain 
recommendations on all the matters that COMEX must address . The technical report shall be 
forwarded to the COMEX  taking into account the time-frame s stated in paragraph  1 of the present 
Article or those specifica lly provided for in Sections  II to VI of the present Chapter . The initiation 
decision shall be substantiated and the relevant public notice shall be published promptly.  
 
The provisions of Article  36 of the present Resolution shall not apply to reviews or anti-circumvention 
investigations . 
 
3. Where there is insufficient evidence to justify initiating the requested review or anti -circumvention 
investigation, the COMEX  shall adopt a substantiated determination of rejection which the 
Investigating Authority shall notify promptly to the applicant.  
 
Article  118.- Date of initiation. - A review or  anti-circumvention investigation  shall be deemed 
initiated on the day of publication in the  Official Journal of the initiation decision.  
 
Unless otherwise provided, all time-period s referred to in the present Chapter shall be counted from 
that date, including the maximum period for the conclusion of reviews and anti-circumvention 
investigations . 
 
Article  119.- Public notice of initiation and notification. - 1. All decisions to initiate a review or 
anti-circumvention investigation shall be published. The provisions in respect of the minimum 
content set out in Article  39(4) of the present Resolutio n shall apply to the extent that they are 
deemed relevant, to reviews and anti-circumvention investigations . Additionally the specific content 
referred to in Sections  II to VI of the present Chapter shall be included.  
 
2. The provisions of Article  69 of th e present Resolution on the notification of the initiation and other 
post-initiation obligations shall apply mutatis mutandis  to all reviews and anti-circumvention 
investigations . 
 
Article  120.- Ex officio initiation. - A review may be initiated ex officio where expressly provided 
for. G/ADP/N/1/ECU/3/Suppl.2  
 
- 42 - 
 
   
Article  121.- Simultaneous or joint processing. - The Investigating Authority may, at its 
discretion and with cause, process the reviews provided for in the present Chapter simultaneously 
or jointly.  
 
Article  122.- Gathering of information. - The initiation decision shall call on the interested parties 
to submit written information and opinions supported by relevant evidence.  
 
In accordance with the provisions of Article  51(1) of the present Resolution, the Investigating 
Authority shall inform the interested parties of the information required. To that end it shall normally 
forward a form to the interested parties. Model standar d forms shall be drawn up by the Investigating 
Authority and customized prior to the initiation of a review or  anti-circumvention investigation.  
 
Unless otherwise provided, the information and opinions shall be submitted to the Investigating 
Authority wit hin 30  working days counted from the date of publication of the decision to initiate the 
review or anti-circumvention investigation . That time -frame may be extended upon good cause.  
 
Article  123.- Methodology. - In reviews, provided that circumstances remai n  unchanged, the 
Investigating Authority shall apply the same methodology as in the inv estigation that led to the 
anti-dumping duty.  
 
Article  124.- Report on the essential facts. - Unless otherwise provided in the present Chapter, 
the provisions of Article  95 of the present Resolution concerning the report on the essential facts 
shall apply mutatis mutandis  to reviews and anti-circumvention investigations.  
 
The time-frame  allowed f or the parties to submit their comments shall take account of the 
time-period  allowed for the conclusion of the review or anti-circumvention investigation.  
 
Article  125.- Final technical report. - On the basis of the report on the essential facts, and havin g 
considered the comments received in a proper and timely fashion from the interested parties, the 
Investigating Authority shall finalize the technical report, including appropriate recommendations.  
 
The report shall be forwarded to the COMEX  not later th an ten days prior to the deadline for the 
conclusion of the review or anti-circumvention investigation concerned.  
 
Article  126.- Final determination of the review or anti-circumvention investigation .- Within 
the time-frame  laid down for the conclusion of each review or anti-circumvention investigation , the 
COMEX  shall, on the basis of the relevant technical report by the Investigating Authority, reach and 
adopt a decision to that end.  
 
Article  127.- Application of the measures in force during the period of the review. - The 
definitive anti -dumping measures in force shall continue to apply unless suspended in conformity 
with the provisions of Article  113 of the present Resolution until the  entry into force of the decision 
concluding the review in question. This provision shall not apply to anti -circumvention investigations.  
 
Article  128.- Form and time -frame for the conclusion of reviews or anti -circumvention 
investigations. - A review or  anti-circumvention investigation closes with the adoption of the 
relevant decision by the COMEX  within the time -frame specifically laid down in Sections  II-VI of the 
present Chapter. In the event that no such decision is made, for whatever reason, the review  or 
investigation shall close automatically at the end of the prescribed time-frame . In that event the 
relevant notice of closure shall be published.  
 
Article  129.- Withdrawal of the application for initiation. - A review or  anti-circumvention 
investigation  shall be deemed terminated if the applicant withdraws the application for initiation.  
 
Without prejudice to the provisions of the preceding paragraph, where there are sufficient grounds 
of public interest, the Investigating Authority may close an expiry review or an anti -circumvention 
investigation.  
 
Article  130.- Price undertakings. - The provisions in Sections  II and  V of the present Chapter shall 
apply mutatis mutandis  to undertakings.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  Section II  
Changed circumstances review  
 
Article  131.- Justification for the review. - This review may be initiated and conducted in order 
to determine whether there has been a change in the circumstances that led to the  imposition of the  
anti-dumping measure. In order to be justified, the changed circumstances  must be significant, 
lasting, and shall not constitute mere oscillations or fluctuations inherent to the market, among 
others.  
 
Normally at least one year shall have elapsed since the application, variation, extension of the 
duration , or scope of applica tion of a definitive anti -dumping measure in order to be able to initiate 
a review pursuant to the present Section. Exceptionally and provided that the applicant can 
demonstrate due justification, or the COMEX  so determines ex officio , a review may be init iated 
within a shorter time-frame . 
 
Article  132.- Initiation of the review. - The changed circumstances review shall normally be 
initiated following a written application by an interested party. The application shall include sufficient 
evidence of the follo wing:  
 
(a) the continued imposition of the measures is no longer necessary to offset dumping; or  
 
(b) the injury would be unlikely to continue or recur if the measures were removed or varied; or  
 
(c) the existing measures are not, or are no longer, sufficient to offset the dumping which is 
causing injury.  
 
The review must be initiated only where, on the basis of the relevant technical report forwarded by 
the Investigating Authority, the COMEX  determines that the application contains sufficient eviden ce 
and information about  one or more of the facts listed in the present Article justifying initiating the 
review.  
 
If ex officio  initiation is considered , the COMEX  must have sufficient grounds . 
 
Article  133.- Interested parties. - Depending on the grounds justifying initiation of the changed 
circumstances review, the Investigating Authority shall determine who should be treated as an 
interested party for the purposes of the initiation and conduct of the review.  
 
Article  134.- Closure of the review. - The COMEX shall, by its decision made on the basis of the 
technical report drawn up by the Investigating Authority:  
(a) put an end to the anti -dumping measures when it deems it unlikely that:  
(a.1) the dumping, and/or  
(a.2) the injury will continue or resume;  
 
(b) vary the anti -dumping measures if:  
(b.1) those measures are found to be insufficient or excessive for the purp oses of offsetting 
dumping; or  
(b.2) those measures are found to be insufficient to remove the injury to the domestic 
industry caused by dumpe d imports.  
 
Article  135.- Time -frame. - In conformity with the provisions of Article  78 of the Regulation, this 
review shall normally close within a period no t longer than five months counted from the date of its 
initiation. Where sufficiently justified, th at time-frame  may be extended by up to 30 days.  
 
Section  III 
New importers review  
 
Article  136.- Justification for the review. - Any foreign producer or importer who has not 
exported the product under investigation to Ecuador during the period of investigation shall have 
the right to seek an expedited review in order that an individual anti-dumping duty rate may be 
established prom ptly for that exporter, provided that that producer or exporter can demonstrate G/ADP/N/1/ECU/3/Suppl.2  
 
- 44 - 
 
  that he does not have an association relationship with any of the producers or exporters of the 
exporting country that are subject to anti -dumping duties in respect of the prod uct. 
 
Article  137.- Initiation of the review. - 1. The new exporters review shall be initiated following a 
written application by an interested party. The application shall include sufficient evidence that the 
applicant:  
 
(a) does not have a n association  relationship with the producers or exporters located in the 
exporting country that are subject to definitive anti -dumping measures in force; and  
 
(b) did not export the product under consideration to Ecuador during the period of investigation 
that gave rise to the application, variation, or extension of the duration or scope of application 
of the definitive anti -dumping measures in force.  
 
If the applicant is not the foreign producer of the product subject to the measures in force, the 
application shall inclu de, in addition to the information requested under the preceding paragraph:  
 
(a) the name of the producer; and  
 
(b) a declaration by the producer that it will cooperate with the review by submitting data allowing 
a determination to be made in respect of du mping during the period under review.  
 
2. The Investigating Authority shall inform the domestic industry about the application received and 
offer it the opportunity to comment within the time-frame  that it allows  to that end. The Investigating 
Authority shall consider those comments in the report it sends to the COMEX  about the initiation.  
 
3. The review must be initiated only where the COMEX  determines that the application contains 
information and sufficient evid ence of one or more of the facts listed in the present Article warranting 
the initiation of the review.  
 
Article  138.- Revocation of definitive anti -dumping duties and registration of imports. -  
1. The decision initiating the review shall revoke the anti -dumping duty in force in respect of imports 
of the product under review that have been produced and sold for export to Ecuador by the applicant.  
 
That decision shall also call on the National Customs Service to adopt the appropriate measures to 
register suc h imports in order to ensure that in the event that the review finds evidence of dumping 
in respect of the applicant, the anti -dumping duties can be levied retrospectively from the date of 
initiation of the review.  
 
2. Subject to the provisions of Article  119(1) of the present Resolution, the decision to initiate the 
review shall include a reference to the provisions of paragraph  1 of the present Article.  
 
Article  139.- Interested parties. - "Interested parties " shall include the foreign producer or 
exporter who applied to have a review initiated, as well as importers, users, consumers in Ecuador 
and the domestic industry.  
 
Article  140.- Closure of the review. - 1 The COMEX  shall, by its decision made on the basis  of the 
technical report drawn up by the Investigating Authority:  
 
(a) where the conditions provided for in Articles  136 and 137(1) of the present Resolution have 
been met:  
 
(i) conclude the review and close the proceeding regarding the applicant where in respect 
of that applicant it determines a margin of dumping of zero or de minimis ; or 
 
(ii) impose an individual definitive anti -dumping duty equal to the margin of dumping 
determined for the applicant, or less if the amount would be sufficient to offset t he 
injury to the domestic industry; or  
 
(b) in any other event, it shall close the review and impose on the applicant 's imports the definitive 
anti-dumping duty that applies to "all other businesses " in accordance with the provisions of 
the decision in que stion.  G/ADP/N/1/ECU/3/Suppl.2  
 
- 45 - 
 
   
2. Where a determination is reached under paragraph  (1)(a)(i), no duty shall be collected 
retrospectively in respect of imports by the applicant that were registered in accordance with the 
provisions of Article  138 of the present Resolution.  
 
3. Wh ere a determination is reached under paragraph  (1)(a )(ii), the individual anti -dumping duty 
applicable shall be collected retrospectively for imports by the applicant that were registered in 
accordance with the provisions of Article  138 of the present Res olution.  
 
The provisions on the retrospective application of anti -dumping duties contained in Articles  107 to 
109 of the present Resolution shall apply mutatis mutandis  to the present paragraph.  
 
4. Where a determination is reached under paragraph  (1)(b), the anti -dumping duty applicable to 
"all other businesses " shall be collected retrospectively for imports by the applicant that were 
registered in accordance with the provisions of Article  138 of the present Resolution.  
 
5. In the decision closing a review, the National Customs Service shall be instructed to stop the 
registration of imports provided for under Article  138(1) of the present Resolution.   
 
Article  141.- Time -frame .- This review shall normally close within a period of not more than 
180 days counted from the date of its initiation. Where sufficiently justified, that time-frame may be 
extended by up to 30 days.  
 
Section IV  
Refunds of anti -dumping duties  
 
Article  142.- Justification for the review. - An importer may apply for a refund of duties collected 
where it can be shown that the margin of dumping on the basis of which duties were paid has been 
eliminated or reduced to a level which is below the level of the duty in fo rce. 
 
Article  143.- Initiation of the review. - 1. An application for refund shall only be considered to 
be duly supported by evidence where it contains precise information on the amount of refund of 
anti-dumping duties claimed and all customs documentation  relating to the calculation and payment 
of such amount. It shall also include evidence, for a representative period, of the margin of dumping 
for the exporter or foreign producer to which the duty applies.  
 
In cases where the importer does not have an as sociation relationship  with the exporter or producer 
concerned and such information is not immediately available, or where the exporter or foreign 
producer is unwilling to release such information to the importer, the application shall contain a 
statement from the exporter or foreign producer that the margin of dumping has been reduced or 
eliminated, as specified in the present  Article, and that the relevant supporting evidence will be 
supplied to the Investigating Authority.  
 
2. The application shall be s ubmitted to the Investigating Authority within six months from the date:  
 
(a) when the National Customs Service actually determined the amount of the definitive duties to 
be applied (in respect of applications for refunds of definitive anti -dumping duties ); or 
 
(b) of adoption of the decision to collect definitively the amounts guaranteed under the provisional 
duty (in respect of applications for refunds of provisional anti -dumping duties).  
 
Applications made outside the prescribed time-frame  will not be a ccepted.  
 
3. On the basis of the mandated report forwarded by the Investigating Authority, in the event  that 
the information and evidence is insufficient to justify initiating a review, the COMEX  shall reject the 
application. The applicant shall be promptly informed accordingly.  
 
Article  144.- Interested parties. - "Interested parties " shall include the importer applying for the 
refund and the foreign producer or exporter who produced or exported t he product that is subject 
to definitive anti -dumping duties.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
- 46 - 
 
  Article  145.- Determination of the amount to be refunded. - 1. The amount shall be determined 
as follows:  
 
(a) on the basis of information for a review period of not less than six months. That period shall 
include the period covering the transactions in respect of which the application for a refund 
was made; and  
 
(b) on the basis of the information and evidence supplied by the foreign producer or exporter. 
Where such evidence is not forthcoming from the exporter or producer within a reasonable 
time-frame  no refund whatever shall be awarded.  
 
2. For the purposes of calculating the amount of anti -dumping duties that should be refunded, the 
Investigating Authority shall review the dumping in accorda nce with the provisions of Title III of the 
present Resolution.  
 
In determining whether and to what extent a refund should be made when the export price is 
constructed in accordance with Article  18 of the present Resolution, account shall be taken of any 
change in normal value, any change in costs incurred between importation and resale, and any 
movement in the resale price which is duly reflected in subsequent selling prices, and the export 
price shall be calculated with no deduction for the amount of anti -dumping duties paid when 
conclusive evidence of the above is provided.  
 
The conclusions reached as part of the review shall be used exclusively to calculate the possible 
refund of the definitive anti -dumping duties collected.  
 
Article  146.- Closure of the  review. -The COMEX  shall, by its decision made on the basis of the 
technical report drawn up by the Investigating Authority, determine that:  
 
(a) no refund whatever should be made since:  
(a.1) the necessary information requested in order to conduct the rel evant analysis as part 
of the review was not submitted in a proper and timely fashion; or  
 
(a.2) it has been determined that the margin of dumping during the period under review is 
greater than that found as part of the investigation leadin g to the imposit ion of the 
anti-dumping duties for which a refund is requested;  
 
(b) the amount paid by way of anti -dumping duties that is in excess of the margin of dumping 
determined as part of the review should be refunded; or  
 
(c) the full amount of the payment made by way of anti -dumping duties should be refunded since 
it has been determined that the foreign producer or exporter did not export the product under 
consideration at dumped prices during the period under review.  
 
Article  147.- Time -frame .- This review shal l normally close within a period of not more than 
180 days counted from the date of its initiation. Where sufficiently justified, that time-frame  may be 
extended by up to 30 days.  
 
Article  148.- Refund of the amount. - The National Customs Service shall ref und the amount 
stated in the decision of the COMEX  in accordance with the procedures provided for to that end.  
 
Section  V 
Expiry review  
 
Article  149.- Justification for the review. - Definitive anti -dumping measures shall expire in 
accordance with the provi sions of Article  112(2) unless it is determined that the expiry of a measure 
would give rise to the continuation or recurrence of injurious dumping.  
 
Article  150.- Public notices prior to the expiry of an anti -dumping measure. - A notice of 
impending expiry  of an anti -dumping measure shall be published by the Investigating Authority in 
the Official Journal and a newspaper with a large circulation on an appropriate date in the final year 
of the period of application of that measure.  G/ADP/N/1/ECU/3/Suppl.2  
 
- 47 - 
 
   
If no application to ini tiate an expiry review is made within the time-frame  set out in Article  151(1) 
of the present Resolution, the Investigating Authority shall publish a notice in the Official Journal 
and in a newspaper with a large circulation announcing the actual expiry of  the anti -dumping 
measure. That notice shall be published on the last working day prior to the expiry of the measure. 
The Investigating Authority shall notify the forthcoming expiry of a measure to the National Customs 
Service so that anti -dumping duties a re not improperly collected after the date of expiry of the 
measure in question.  
 
Article  151.- Initiation of the review. - 1. The application to initiate the review shall contain 
sufficient evidence that the expiry of the definitive anti -dumping measures i s likely to give rise to 
the continuation or recurrence of injurious dumping. Such a likelihood may, for example, be indicated 
by evidence of continued injurious dumping or evidence that the removal of injury is partly or solely 
due to anti -dumping measure s or evidence that the circumstances of the exporters, or market 
conditions, are such that they would indicate the likelihood of further injurious dumping.  
 
Ecuadorian producers may submit an application for an expiry review no t later than three months 
before the end of the period of application of the anti -dumping measure in question.  
 
2. On the basis of the mandated report forwarded by the Investigating Authority, in the event  that 
the information and evidence is insufficient to justify initiating a revi ew, the COMEX  shall reject the 
application. The applicant shall be promptly informed accordingly.  
 
3. This review may be initiated ex officio  where there is sufficient information and evidence.  
 
Article  152.- Interested parties. - "Interested parties " shall include all those listed in Article  9(l) 
of the present Resolution.  
 
Article  153.- Closure of the review. - The COMEX  shall, by its decision made on the basis of the 
technical report drawn up by the Investigating Authority , make a determination that : 
(a) the application of the anti -dumping measures should be exte nded for a period of up to 
five years when the requirements set out in Article  149 of the present Resolution are met ; or 
 
(b) the procedure should be closed without extending the anti -dumping measures when:  
 
(b.1) not all the requirements set out in Article  149 of the present Resolution are met;  
 
(b.2) the application is withdrawn and there are insufficient grounds of public interest to 
continue with the review; or  
 
(b.3) the domestic industry  fails to submit the information necessary in order to determine 
whether injury will continue or recur.  
 
Article  154.- Time -frame .- This review shall normally close within a period of not more than 
200 days counted from the date of its initiation prior to the expiry of the anti -dumping measure. 
Where sufficiently justified, that time-frame  may be extended by up to 30 days.  
 
Section  VI 
Anti-circumvention investigation  
 
Article  155.- Justification of the investigation. - In conformity with the provisions of Ar ticle 81 
of the Regulation s, the aim of an anti -circumvention investigation is to determine whether the 
definitive anti -dumping measures imposed under the present Resolution should be extended to 
imports from third countries of the like product, whether sl ightly modified or not, or to imports of 
the slightly modified like product from the country subject to measures, or components, parts and 
spare parts thereof, when circumvention of the measures in force is taking place.  
 
Article  156.- Definition of circum vention and circumvention practices. - "Circumvention " 
shall be interpreted as meaning  a change in the pattern of trade between third countries and 
Ecuador, or between individual businesses in the country subject to measures and Ecuador, which 
stems from a practice, process or work for which there is insufficient due cause or economic G/ADP/N/1/ECU/3/Suppl.2  
 
- 48 - 
 
  justification other than the imposition of the anti -dumping measure, and where there is evidence of 
injury or that the remedial effects of the anti -dumping measure are being un dermined in terms of 
the prices or quantities of the like products and that there is evidence of dumping in relation to the 
normal values previously established for the like product.  
 
The practices, processes or works to which the first paragraph refers shall include:  
 
(a) the slight modification of the product concerned to make it fall under customs codes which 
are normally not subject to the measures, provided that the modification does not alter its 
essential characteristics;  
(b) the consignment of the  product subject to measures via third countries;  
(c) the reorganization by exporters or foreign producers of their patterns and channels of sales in 
the country subject to measures in order to enable their products to be exported to Ecuador 
through forei gn producers or exporters benefiting from an individual duty rate lower than that 
applicable to the products of the manufacturers;  
(d) the export to Ecuador of components, parts and spare parts of the product subject to 
measures, assembled to produce a li ke product; or  
(e) the export to Ecuador of a like product resulting from the assembly or other operation 
performed in a third country of components, parts and spare parts of the product subject to 
measures.  
Article  157.- Assembly of components, parts and spare parts of the product subject to 
measures. - In the circumstances set out in Article  156(c) and (d), an assembly operation in Ecuador 
or a third country shall be deemed to circumvent the measures in force  where:  
 
(a) the operation started or substantially increased following , or just prior to, the initiation of the 
anti-dumping investigation and the parts concerned are from the country subject to measures;  
 
(b) the parts constitute 60% or more of the tota l value of the parts of the assembled product, 
except that in no case shall circumvention be considered to be taking place where the 
combined value added of the parts used during the assembly is greater than 25% of the 
production cost;  
 
(c) the remedial ef fects of the duty are being undermined in terms of the prices and/or volumes 
of the assembled like product and there is evidence of dumping in relation to the normal prices 
previously established for the like product.  
 
Article  158.- Initiation of the inves tigation. - 1. The COMEX  may, on the basis of the report by 
the Investigating Authority, initiate an anti -circumvention investigation at the suggestion of any 
interested party where the application contains sufficient evidence of the factors referred to in  
Articles  155 to 157 of the present Resolution.  
 
2. In the event that the COMEX  does not have information and sufficient proof to justify initiating 
the investigation, it shall promptly reject the application.  
 
3. An investigation of this kind may be initia ted ex officio where the COMEX  has information and 
sufficient evidence. That decision shall be made on the basis of the relevant report drawn up by the 
Investigating Authority.  
 
Article  159.- Registration of investigated imports. - 1. T he decision to initia te an 
anti-circumvention investigation shall call on the National Customs Service to adopt the appropriate 
measures to register imports that occur from the time of initiation of the investigation such that any 
measures can subsequently be applied to such i mports from the date of registration. The estimated 
amount of duty that may be payable in future shall also be notified.  
 
2. Without prejudice to Article  119(1) of the present Resolution, the initiation decision shall include 
a reference to the provisions of paragraph  1 of the present Article.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
- 49 - 
 
  Article  160.- Interested parties. - "Interested parties " shall include all those listed in Article  9(l) 
of the present Resolution. Where appropriate, the producers of components, parts and spare parts 
may be regarded as interested parties.  
 
Article  161.- Exemptions from enhanced measures. - 1. Imports shall not be subject to 
enhanced anti -dumping measures under the present Section  when they are marketed by businesses, 
whether foreign or Ecuadorian, that benefit from exemptions.  
 
2. Applications for exemption duly supported by evidence shall be submitted within the time-frame s 
laid down in the decision initiating the investigation.  
 
Where the circumventi on practices, processes or works takes place outside Ecuador, exemptions 
may be granted to producers of the product concerned who can show that they do not have an 
association relationship  with any foreign producer or exporter that is  subject to measures and are 
not engaged in circumvention practices as defined in Article  156 of the present Resolution.  
 
Where the circumvention practice, process or work takes place inside Ecuador, exemptions may be 
granted to importers who can show that  they do not have an association relationship  with producers 
that are subject to the measures.  
 
Such exemptions shall be granted by a decision of the COMEX  on the basis of a technical report 
drawn up by the Investigating Authority and shall remain in force  during the period laid down in the 
decision concerned and under the conditions set out therein.  
 
3. Exemptions may be granted following the closure of an investigation that leads to enhanced 
measures, provided that the requirements laid down in paragraph 2 of the present Article can be 
shown to have been satisfied. Accordingly an interested party seeking an exemption should submit 
an application in accordance with the provisions of Section III of the present Chapter.  
Article  162.- Closure of the investigat ion.- 1. The COMEX  shall, by its decision made on the 
basis of the technical report drawn up by the Investigating Authority , make a determin ation of : 
 
(a) enhanced application of the anti -dumping duties to "all other businesses " under the decision 
concerne d, to include the imports investigated where it has been concluded that the measures 
in force are being circumvented; and  
 
(b) exemption from the application of the enhanced application of measures to businesses where 
the circumstances set out in Article  161 of the present Resolution have been satisfied; or  
 
(c) closure of the anti -circumvention investigation where:  
 
(c.1) it is determined that the circumvention practices have not been sufficiently proved; or  
(c.2) the application is withdrawn unless there are sufficient grounds of public interest to 
close the investigation.  
 
2. Where there is a determination of circumvention, the definitive anti -dumping duty applicable to 
"all other businesses " under the relevant d ecision shall be collected on imports subject to the 
enhanced measures.  
 
3. The enhance d measures shall normally take effect from the date on which registration was 
imposed under Article  159 of the present Resolution.  
 
4. In the decision closing the investigation , the National Customs Service shall be instructed to stop 
the registration of imports provided for under Article  159 of the present Resolution.   
 
Article  163.- Time -frame .- An anti -circumvention investigation shall normally close within a period 
of not more than 180  days counted from the date of its initiation. Where sufficiently justified, that 
time-frame  may be extended by up to 30 days.  
 G/ADP/N/1/ECU/3/Suppl.2  
 
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  Chapter  V 
Notifications and other proceedings before the World Trade Organization  
 
Article  164.- General pri nciple. - The Investigating Authority shall draw up all notifications that 
must be made to the WTO in respect of the matters covered by the present Resolution. The 
notifications shall be sent in due time taking into account the time -limits laid down by the WTO, to 
the WTO authority responsible for notifications. They shall be drawn up using the standard formats 
in force when the notification in question was drafted, in accordance with the WTO provisions.  
 
Article  165.- Notifications. - The Investigating Autho rity shall prepare notifications in respect of:  
 
(a) amendments to laws and regulations concerning the Anti -Dumping Agreement and their 
application;  
(b) all preliminary or final actions taken with respect to anti -dumping duties. The notification shall 
be made: 
(b.1) promptly; and  
(b.2) in conformity with the format laid down in document G/ADP/2/Rev.2 or its successor;  
(c) anti-dumping measures adopted during the previous six months. The notification shall be 
made:  
(c.1) within the time-period  laid down by the Committee on Anti -Dumping Practices; and  
(c.2) in conformity with the format laid down in documents G/ADP/1/Rev.1 and 
G/ADP/1/Rev.1/Corr.1 or their successors ; 
(d) the authorities competent to conduct investigations referred to in Chapter  I of Title  IV of the 
present Resolution; and  
(e) the domestic procedures governing the initiation and conduct of anti -dumping investigations 
in Ecuador to the extent that they are not covered under indent  (a) of the present Article.  
 
If the WTO establishes new notification obligations, the notifications shall  be prepared by the 
Investigating Authority following the entry into force of the said obligations.  
 
Article  166.- Other proce edings. - The Investigating Authority shall cooperate with the competent 
authority in the preparation of written or oral replies to questions raised in the Committee on 
Anti-Dumping Practices concerning notifications submitted by Ecuador under Article  165 o f the 
present Resolution.  
 
Title V 
Defence of Ecuador 's interests in anti -dumping investigations in third countries  
 
Article  167.- Assistance in the context of investigations. - The Investigating Authority shall 
support the COMEX  in all matters concerning t he exercise of the powers conferred upon it under 
Article  92 of the COPCI. For the purposes of giving effect to that Article, in conformity with the 
provisions of Article  122 of the Regulation s, the Investigating Authority shall provide legal and 
technical  assistance to:  
 
(a) the competent authority in matters including:  
(a.1) the analysis of the publicly available information or the reports or determinations drawn 
up by the authorities of the country that initiated the investigation , and the drafting of 
comments by the Government of Ecuador in response;  
(a.2) the preparation of statements by the Government of Ecuador in technical meetings 
and/or hearings;  G/ADP/N/1/ECU/3/Suppl.2  
 
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  (b) exporters in matters including:  
(b.1) guidance and cooperation in obtaining information;  
(b.2) advice on the completion of forms and questionnaires;  
(b.3) assistance in the event of on -the-spot investigations by foreign authorities; and  
(b.4) in general, any help which the Ministry is able to provide through its Investigating 
Authority.  
In conformity with the provisions of Article  123 of the Regulation s, the Investigating Authority may 
set up committees to monitor dumping investigations. The committees shall consist of 
representatives of the Investigating Authority and representatives of the  chambers or associations 
of the industry to which the producer or exporter under investigation belongs .  
 
Article  168.- Assistance. - 1. Within the framework of the WTO and with respect to its Members, 
the Investigating Authority shall cooperate with the competent authority in the preparation of:  
 
(a) questions to other WTO Members with respect to anti -dumping investigations that they are 
conducting into Ecuadorian products;  
 
(b) oral statements for submission to the Committee on Anti -Dumping Practices with respect to 
those investigations; and  
 
(c) any dispute concerning anti -dumping measures adopted against Ecuador. The Investigating 
Authority shall provide technical support in obtaining necessary information, assessing that 
information and drafting written documents.  
 
2. In the framework of regional or bilateral trade relations, the assistance provided by the 
Investigating Authority s hall be determined by the relevant provisions of the agreements or treaties 
to which Ecuador is a party.  
 
Article  169.- Reports to the COMEX .- In accordance with the provisions of Article  123 of the 
Regulation s, if investigations of Ecuadorian products ar e initiated abroad, the Investigating Authority 
shall inform the COMEX  of the substantive elements of the investigations, the measures adopted, 
the producers or exporters affected, the results obtained and the current situation. In the event that 
committee s to monitor investigations are set up in accordance with the provisions of Article  167 of 
the present Resolution, they shall regularly submit reports and recommendations to the Committee.  
SOLE GENERAL PROVISION  
The present Resolution shall be implemented in conformity with the provisions of Article  112 of the 
COPCI.  
SOLE DISABLING PROVISION  
Upon the entry into force of the present instrument COMEX Decision No.  42 of 08  February  2012 
and any regulatory act of equal or lesser status that is contrary to the p rovisions of this Resolution 
is hereby repealed.  
FINAL PROVISION  
The Technical Secretariat of the COMEX shall forward this Resolution to the Official Journal for 
publication.  
 
This Resolution was adopted at the session of 9  August  2018 and shall enter into force upon 
publication in the Official Journal.  
 
Diego Caicedo Pinoargote  
CHAIR (E)  Jorge Villamarín Molina  
SECRETARY  
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