G/ADP/Q1/SLV/8  
G/SCM/Q1/SLV/8  
G/SG/Q1/SLV/7  
 
28 March 2017  
(17-1689) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies an d Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLES 18.5, 32.6,  AND 12.6 OF THE RELE VANT AGREEMENTS  
QUESTIONS POSED BY T HE UNITED STATES REG ARDING  
THE NOTIFICATION OF EL SALVADOR1 
The following communication, dated  24 March 2017 , is being circulated at the  request of the 
Delegation of the United States.  
 
_______________  
 
 
The United States thanks El Salvador for its notification of the "Special Law on Trade Defence " 
("Special Law ") and poses the following questions:  
 
General2 
 
Question 1  
 
Is the meaning of the word "linked " in the second paragraph of Article 4(j) of the Special Law the 
same as the word "related " in the third paragraph of that section?  If not, please indicate what 
"linked " is intended to mean.  
 
Question 2  
 
The second sentence of Article 25(e)  of the Special Law states that "[i]n assessing the nature of 
subsidies [in a threat determination], account may be taken of such aspects as their term of 
validity, their level, or the group of exporters that they cover. " Based on this, please clarify:  
 
a. What is meant by the phrase "term of validity "? 
b. Does the phrase "their level " mean that the authority takes the magnitude of the subsidy 
rate into account in its analysis?  
Question 3  
 
The second paragraph of Article 34 of the Special Law notes that "[t]he re solution to initiate an 
investigation shall be notified directly to the exporter or through the diplomatic representative of 
the exporting country accredited to El Salvador… " (emphasis added).  Article 40, paragraph 3 
makes a similar statement about questio nnaires being delivered through "their respective 
government. " Please confirm that El Salvador will directly notify all known interested parties as 
required by Article 12.1 of the Agreement on Implementati on of Article VI of the 
General  Agreement on Tariff s and Trade 1994 ( "Antidumping Agreement ") and Article 12.1.3 of 
the WTO Agreement on Subsidies and Countervailing Measures ( "SCM Agreement "). 
 
                                                
1 G/ADP/N/1/SLV/3/Suppl.1 -G/SCM/N/1/SLV/3/Suppl.1 -G/SG/N/1/SLV/3/Suppl.1  
(dated  3 November  2016).  
2 For the sake of efficiency, the United States suggests that committee revi ew for questions 1 - 13 and 
14-19 be conducted in the Committee on Anti -Dumping Practices and Committee on Safeguards, respectively.  G/ADP/Q1/SLV/8 • G/SCM/Q1/SLV/8 • G/SG/Q1/SLV /7 
 
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  Question 4  
 
Article 39 of the Special Law covers the maintenance of files and access to certain types of 
informa tion. With this in mind, please reply to the following:  
 
a. Please provide examples of the types of information that would be treated as "restricted " 
and "confidential " and explain what differentiates the two.  
b. The first paragraph of Article 39 concludes with,  "[t]his information may not be disclosed 
during the investigation process. " Please clarify the type of information that may not be 
disclosed (e.g., restricted or confidential) and whether disclosure refers to public 
disclosure, disclosure to interested pa rties, or some other entity.   
c. Please clarify whether restricted or confidential information can be disclosed following 
the investigation process.  
d. What consequences are in place if this information is disclosed prior to closing of the 
investigation?  
e. Please explain the access provided to the public and interested parties with regard to the 
non-confidential file and the restricted file after the investigation process is complete.  
f. Does the non -confidential file include restricted documents and public documents  or only 
public documents?   
g. Please explain how Article 39, which states that responses to questionnaires and written 
communications to the Investigating Authority would be placed in the  non-confidential 
file (Article  39(b)), interfaces with Article 38, whi ch concerns confidential information.  
For example, would the Investigating Authority place responses to questionnaires and 
written communications in the non -confidential file even if they include confidential 
information?  
Question 5  
 
With regard to Article  41 of the Special Law, please confirm that El Salvador will advise the firms it 
intends to verify of the general nature of the information to be verified and any further information 
which needs to be provided in accordance with paragraph 7 of Annex I of t he Antidumping 
Agreement and Annex VI of the SCM Agreement.  
 
Question 6  
 
Article 43 of the Special Law notes that both preliminary and final technical reports will be 
prepared by the investigating authority.  Will these technical reports be made available for 
interested parties ' review and comment?  Is there a deadline by which the technical reports and the 
determinations must be finalized and circulated?  Does the Minister of Economy have the ability to 
modify the level of duties recommended by the investiga ting authority, or, alternatively, to 
terminate the proceeding without the imposition of duties if an affirmative recommendation is 
made by the investigating authority?  
 
Question 7  
 
With regard to Article 44 of the Special Law, if the investigating authori ty has not of its own accord 
decided to hold a hearing, will it schedule and hold a hearing if requested by an interested party?  
If the investigating authority will entertain requests by interested parties for a hearing, at what 
point in the investigation must the request be made and how much notice must the investigating 
authority provide to the public in advance of the hearing?  
 G/ADP/Q1/SLV/8 • G/SCM/Q1/SLV/8 • G/SG/Q1/SLV /7 
 
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  Question 8  
 
Article 46 discusses the powers of the Minister of the Economy.  With this in mind, please reply to 
the following:  
 
a. Please explain the process by which any antidumping duty, countervailing duty, or 
safeguard measure, after being adopted by the Minister of Economy as stated in 
Article  46 of the Special Law, is imposed (e.g., is a public notification issued or does the 
Minister of Economy inform the customs service to begin collection of a duty or impose a 
measure)?   
b. Once the Minister of Economy receives the investigating authority 's preliminary or final 
recommendation, how long does the Minister have to adopt resolutions t o impose duties?  
c. If there is a deadline, does the investigation terminate if the Minister fails to adopt such 
a resolution?   
d. Do any other ministries have input into whether or not an antidumping duty, 
countervailing duty, or safeguard measure is adopted?   
e. Once a resolution is adopted, when will it be made public?   
Question 9  
 
How does El Salvador implement the obligations set forth in  Article 6.9 of the 
Anti-Dumping  Agreement and Article 12.8 of the SCM Agreement to inform all interested parties of 
the ess ential facts under consideration?  
 
Question 10  
 
What is the meaning of the word "insignificant " as used in Article 60(c) of the Special Law in 
relation to the quantity of dumped or subsidized imports?  Does it refer to the concept of negligible 
imports desc ribed in Article 52 of the Law or the significance of the volume of dumped or 
subsidized imports described in Article 22 of the Law?  
 
Question 11  
 
Article 12.2.2 of the AD Agreement and Article 22.5 of the SCM Agreement require authorities, in 
their notice  of conclusion of an investigation providing for the imposition of a definitive duty, to 
provide, among other things, "the reasons for the acceptance or rejection of relevant arguments or 
claims " made by the exporters and importers.  How does El Salvador im plement these 
requirements, which are not referenced in Article 61 of the Special Law?  
 
Question 12  
 
With regard to Title VIII, Sole Chapter, National Trade Remedy System, please clarify what role 
the National Trade Remedy System and its Committee, as outl ined in Article 85 of the Special Law, 
will play with regard to the investigating authority 's administration of antidumping, countervailing 
duty, and safeguard investigations?  
 
Question 13  
 
The appeal process outlined in Article 93 of the Special Law descr ibes administrative appeals of 
final determinations, which are decided by the Minister of Economy.  Please clarify whether there is 
also an opportunity for judicial review of determinations and decisions made during the course of a 
trade remedy investigatio n.  
 G/ADP/Q1/SLV/8 • G/SCM/Q1/SLV/8 • G/SG/Q1/SLV /7 
 
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  Safeguards  
 
Question 14  
 
With regard to Article 41 of the Special Law, please clarify whether El Salvador would envision 
conducting verifications in the case of safeguard investigations.  
 
Question 15  
 
Article 46 discusses the powers of the Minister o f the Economy.  For safeguard measures, is there a 
minimum period of time that must elapse between when the measure is announced and when it 
becomes effective?  
 
Question 16  
 
Article 71 states that the information -gathering period in safeguard investigations  "shall be three 
years prior to the date on which the investigation was initiated. " With this in mind, please reply to 
the following:  
 
a. Will the investigating authority be required to collect data for the most recent 3 full years 
for which data are availabl e?  
b. If full -year information is not available for the entire three full years prior to the date of 
initiation (e.g., because of the lag time in collecting and compiling data), may the 
competent authorities base their determination on information for a peri od of 
investigation that covers a period of less than 3 years?   
Question 17  
 
With regard to the imposition or extension of a safeguard measure as outlined in Articles 72, 73, 
and 81 of the Special Law, please confirm that prior to said imposition or extens ion, the 
Government of El Salvador will provide adequate opportunity for prior consultations with affected 
WTO Members as required by Article 12.3 of the WTO Agreement on Safeguards 
("Safeguards  Agreement "). 
 
Question 18  
 
Article 78 states that a measure i n the form of a quota "may not exceed 50% of the average 
imports of the product under investigation during the three years prior to the application of the 
measure. " Please explain how this requirement is consistent with the requirement in Article 5.1 of 
the Safeguards Agreement, which states that such a measure "shall not reduce the quantity of 
imports below the level of a recent period which shall be the average of imports in the last three 
representative years for which statistics are available "? 
 
Questio n 19 
 
Article 78 also states that "[i]f more than one country exports the product under investigation, the 
quota shall be distributed among the supplier countries, taking into account the percentage  of 
imports from each country .. . during the three years p rior to the application of the measure. " 
Please explain how this is consistent with the requirement of Article 5.2(a) of the 
Safeguards  Agreement, which, among other things, states that the allocation is to be "based upon 
the proportions .. . supplied by su ch Members during a previous representative period ...". Please 
also explain whether the competent authorities would include in "a previous representative period " 
the years in which the injurious surge in imports occurred, particularly if that surge occurr ed 
"during the three years prior to the application of the measure. " 
 
 
__________