G/ADP/N/1/SLV/3/Suppl.1  
G/SCM/N/1/SLV/3/Suppl.1  
G/SG/N/1/SLV/3/Suppl.1  
3 November 2016  
(16-6021) Page: 1/33 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  Spanish  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
EL SALVADOR  
Supplement  
The following communication, dated 2 8 October 2 016, is being circulated at the request of the 
delegation of El Salvador.  
 
_______________  
 
Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994, Article 32.6 of the Agreement on Subsidies and 
Countervailing M easures and Article 12.6 of the Agreement on Safeguards , please find attached 
the text of the Special Law on Trade Defence , published in the Official Gazette No. 6, Vol. 410, on 
11 January 2 016. 
SPECIAL LAW ON TRADE DEFENCE  
TITLE I  
SOLE CHAPTER  
Purpose, Scope and Competence  
Purpose  
Article 1 . The purpose of the present Law is to establish mechanisms and procedures of protection 
and defence against unfair trade practices, and also to introduce safeguard measures to counteract 
imports of goods in such quantities or under such conditions as to cause or threaten to cause 
serious or material injury to domestic producers of like or directly competitive products . 
Scope  
Article 2 . The provisions of the present Law shall apply to all imports of goods originati ng in and/or 
consigned from countries Members of the World Trade Organization or non -member countries by 
public or private natural or legal persons, when such imports may cause injury or the threat of 
injury to a domestic industry or delay the creation of such industry.  
Investigating Authority  
Article 3 . The Ministry of the Economy, through the Directorate responsible for the implementation 
of international trade agreements, currently designated the Directorate for the Management of 
Trade Agreements and her einafter referred to as the Investigating Authority, shall be the entity 
responsible for processing applications for investigations concerning the application of trade G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  defence  measures, for conducting investigations and, where appropriate, for proposing to  the 
Minister of the Economy the imposition of anti -dumping duties, countervailing duties, safeguard 
measures or other applicable measures within the Minister 's jurisdiction.  
At the same time, the Investigating Authority shall be responsible for monitoring  compliance with 
the trade defence  measures established in the trade agreements signed by El Salvador.  
The Investigating Authority shall participate in the legal defence of resolutions issued pursuant to 
the triggering of the dispute settlement mechanisms established in the trade agreements to which 
El Salvador is a party, or in the World Trade Organization.  
It shall also provide assistance to domestic exporters involved in investigations relating to  unfair 
trade practices and safeguard measures conducted b y foreign countries.  
TITLE II  
SOLE CHAPTER  
Definitions  
Definitions applicable to investigations into unfair trade practices  
Article 4 . For the purposes of the present Law, the following definitions shall apply:  
(a) Total amount of the subsidy : the absolute  monetary value, expressed in United States 
dollars, of the benefit enjoyed by the recipient of a subsidy or subsidy programme;  
(b)  Injury : material injury or threat of material injury to a domestic industry or significant delay 
in the establishment of th is domestic industry;  
(c)  Anti-dumping duty : an additional ad valorem  duty of a temporary nature, other than a 
customs duty on imports, which is applied on imports at dumping prices, causing injury or threat 
of injury to the domestic industry;  
(d)  Counte rvailing duty : an additional ad valorem  duty of a temporary nature, other than a 
customs duty on imports, which is applied on subsidized imports, causing injury or threat of injury 
to the domestic industry;  
(e)  Dumping : sale of a product on the market of an importing country at a price below the 
normal value at which it is sold on the domestic market of the exporting country, regardless 
whether this is the country of origin or the country of consignment ; 
(f)  Interested parties:  
1.  Exporters or foreign pr oducers of the product under investigation;  
2. Importers of the product under investigation;  
3. Trade union or business associations the majority of whose members are producers, 
exporters or importers of the product under investigation;  
4. Governments of e xporting countries;  
5. Producers of like domestic products;  
6. Trade union or business associations the majority of whose members produce like 
domestic  products;  
7.  Other entities that may be admitted at the discretion  of the Investigating Authority.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  (g) Unfair trade practices : dumping and subsidies;  
(h)  Product under investigation : imported product subject to an investigation into measures 
constituting unfair trade practices;  
(i) Like domestic product : product produced by the domestic industry which is i dentical or, 
where no such product exists, another product having characteristics very similar to the dumped 
or subsidized imported product;  
(j)  Domestic industry : all domestic producers of the like domestic product, or those among 
them whose combined pro duction of that product constitutes a major proportion of the total 
domestic production of the product.  
Where, however, some producers are linked to exporters or importers, or are themselves 
importers of the product under investigation for alleged dumping or subsidization, the term 
"domestic industry " shall refer to all the other producers.  
For the purposes of this definition, producers shall be deemed to be related  to exporters or 
importers in the following cases:  
1.  If one of them directly or indirectly controls the other;  
2. If both are directly or indirectly controlled by a third person ; or 
3.  If together they directly or indirectly control a third person.  
The foregoing shall apply on condition that there are reasons to believe that the effect of the 
relationship  is such as to cause the producer under consideration to behave differently from 
non-related producers . One person shall be deemed to control another person when the former is 
legally or operationally in a position to exercise restraint or direc tion over the latter.  
(k)  Domestic producer : any natural or legal person, Salvadoran or foreign, who produces goods 
or offers services and is domiciled in El Salvador;  
(l)  Subsidy : a sum of money from public funds, or tax concessions granted to a n enterp rise or 
industry or a group of enterprises  or industries, to help them to keep the price of a product low.  
Definitions applicable to safeguard investigations  
Article 5 . For the purposes of the present Law, the following definitions shall apply:  
(a)  Threat  of serious injury : serious injury  that is clearly imminent ; 
(b)  Serious injury : a significant general impairment of the situation of a domestic industry;  
(c)  Safeguard measure : an additional ad valorem  duty of a temporary nature, other than a 
customs du ty on imports, which is applied to prevent or remedy serious injury or threat of serious 
injury to a domestic industry caused by an increase in imports, with a view to assisting the 
industry  to adjust . It may also take the form of a quantitative restrictio n expressed in the form of 
an import quota;  
(d)  Interested parties:  
1.  Exporters and foreign producers of the product under investigation;  
2. Importers of the product under investigation;  
3. Trade union or business associations the majority of whose memb ers are producers, 
exporters or importers of the product under investigation;  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  4.  Governments of the exporting countries;  
5.  Producers of a like domestic product or directly competitive domestic products;  
6. Trade union or business associations the majori ty of whose members are producers of a like 
domestic product or directl y competitive domestic products.  
(e)  Adjustment plan : conversion plan submitted by the domestic industry to surmount the 
circumstances alleged as the cause of serious injury or threat of serious injury;  
(f)  Product under investigation : imported product, subject to an investigation relating t o 
safeguard measures;  
(g)  Like product : product produced by the domestic industry which is identical or has 
characteristics very similar to the imported product under investigation;  
(h)  Directly competitive product : product that, while not similar to the product with which it is 
compared, performs the same functions as that product, meets the same needs and is 
commercially substitutable;  
(i) Domestic industry : all producers of like or directly competitive products operating within the 
domestic market ; or those whose combined production of like or directly competitive products 
constitutes at least 25 % of the total domestic production of such pr oducts.  
TITLE III  
Substantive Rules on Unfair Trade Practices  
CHAPTER I Dumping  
Section I  
Determination of normal value based on prices in the exporter country  
Article 6 . Normal value is the comparable price of a like product when it is destined for 
consum ption in the country of origin in the ordinary course of trade.  
If a good is exported to El Salvador from an intermediary country and not directly from the 
countr y of origin, its normal value sha ll be the comparabl e price of identical or similar  goods in t he 
country of origin.  
If, however, the good in question only crosses the country of export, is not produced in that 
country or, among other circumstances, there is no comparable price in the country of export, its 
normal value shall be determined on the ba sis of the price in the market of the country of origin.  
Normal value based on constructed value or export price to an appropriate third  country  
Article 7 . When the like product is not sold in the ordinary course of trade in the domestic market 
of the country of origin, or when, because of a particular market situation or the low volume of 
sales in the domestic market of the country of origin, such sales do no t permit  a proper 
comparison, the Investigating Authority shall determine the normal value of the product under 
investigation on the basis of  either : 
(a) The cost of production in the country of origin, plus a reasonable amount for administrative, 
sales an d general expenses, and also for profits ; or 
(b)  A comparable price of the like product, when it is exported to an appropriate third country, 
provided that this price is representative.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Sales of the like product intended for consumption on the domestic ma rket of the country of origin, 
or sales to an appropriate third country shall be considered a sufficient quantity for the 
determination of normal value if such sales represent 5 % or more of the sales to El Salvador of the 
product under investigation.  
Notwi thstanding the provisions of the preceding paragraph, a lower percentage may be accepted 
when there is evidence that sales in the domestic market, even though they constitute a lower 
percentage, are of sufficient magnitude to enable an adequate comparison.  
Sales made in the ordinary course of trade  
Article 8 . Sales made in the ordinary course of trade shall be defined as those effected under 
market conditions in the country of origin, and which have been made habitually, or within a 
period of one year, betw een independent buyers and sellers.  
Sales at below -cost prices  
Article 9 . Sales of the like product in the domestic market of the country of origin, or sales to an 
appropriate third country, at prices below the per unit fixed and variable costs  of producti on, plus 
administrative, sales and other general costs, shall, for reasons of those prices, not be considered 
to have been made in the ordinary course of trade and shall not be taken into account in the 
calculation of normal value if it is determined that such sales were made:  
(a)  Over a period of between six months and one year;  
(b)  In substantial quantities;  
(c)  At prices that do not make it possible to recover all the costs within a reasonable period.  
For the purposes of the present article, sales shall be deemed to have been made at prices below 
the per unit costs in substantial quantities when the Investigating Authority establishes:  
1. That the weighted average of the sales prices of the transactions  considered for the 
determination of the normal value is lower than the weighted average of the per unit costs ; or 
2.  That the volume of sales made at prices below the per unit costs constitutes 20 % or more of 
the volume sold in the transactions considered for the calculation of the normal value.  
If, at the time of sale, the prices below the per unit costs are higher than the weighted average 
per unit costs for the period under investigation, the Inv estigating Authority shall consider that 
such prices make it possible to recover the costs within a reasonable period.  
Cost calculation  
Article 10 . The Investigating Authority shall calculate the costs on the basis of the records kept by 
the exporter or pr oducer under investigation, provided that such records are in conformity with the 
generally accepted accounting principles of the exporting country and reasonably reflect the costs 
associated with the production and sale of the like product.  
The Investigat ing Authority shall take into consideration all available evidence that the allocation of 
costs has been appropriate, including evidence submitted by the exporter or producer in the 
course of the investigation, provided that those allocated costs have been  used by the exporter or 
producer in connection with the establishment of appropriate  amortization and depreciation 
periods and allowances for capital expenditure and other development costs.  
The Investigating Authority shall duly adjust the costs to take account of non -recurrent items of 
expenditure that benefit future and/or current production or the circumstances in which the costs 
for the period under investigation have been affected by start -up operations . The adjustment 
made for start -up operations sh all reflect the costs at the end of the start -up period or, if this is to 
be extended beyond the period of investigation, the most recent costs that the Investigating 
Authority may reasonably take into account during the investigation.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Amounts relating to administrative, sales and general costs, and also those relating to profits, shall 
be based on actual data relating to the production and sales of the like product in the ordinary 
course of trade by the exporter or the producer under investigation . When it  is not possible to 
determine such amounts on that basis, they may be determined on the basis of:  
(a) The actual amounts disbursed and obtained by the exporter or producer under investigation 
in relation to the production and sales on the domestic market o f the country of origin of the same 
general category of products;  
(b) The weighted average of the actual amounts disbursed and obtained by other exporters or 
producers under investigation, in relation to the production and sales of the like product on the 
domestic market of the country of origin ; or 
(c) Any other reasonable method, provided that the amount thus established to represent 
profit s does not exceed the profit normally obtained by other exporters or producers in the sales of 
products of the same g eneral category on the domestic market of the country of origin of the 
like product.  
Countries other than market economies  
Article 11 . When the exporting country of the product under investigation is not a market 
economy, the Investigating Authority may de termine the normal value on the basis of:  
(a)  A comparable price in the ordinary course of trade for the like product intended for 
consumption in a market economy country;  
(b)  A comparable price in the ordinary course of trade for the like product when e xported from a 
market economy country to other countries ; or 
(c)  The price actually paid or payable in El Salvador for the like domestic product, 
duly adjusted.  
Section II  
Determination of the Export Price  
Export price  
Article 12 . The export price shall be the price of the product under investigation when sold for 
export from the country of origin or consignment to El Salvador.  
When there is no export price or when, in the opinion of the Investigating Authority, the export 
price is unreliable because of an association or countervailing arrangement between the exporter 
and the importer or a third party, the export price may be constructed  on the basis of the price at 
which the imported products are first resold to an independent buyer or, if the products were not 
resold to an independent buyer or were not in the same condition as that in which they were 
imported, on a reasonable ba sis as determined by the Authority.  
Section III  
Comparison between  Normal Value and Export Price  
Adjustments  
Article 13 . For the calculation of the dumping margin, the Investigating Authority shall make a fair 
comparison between the export price and the no rmal value . This comparison shall be made at the 
same level of trade, normally the ex -factory level, and in respect of sales made , as nearly as 
possible,  at the same time . In each case, differences that affect price comparability shall be taken 
into account : these include differences in terms of sale, in taxation, in the levels of trade, in G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  quantities and in physical characteristics, and any other differences which influence price 
comparability . These adjustments may include the following:  
(a)  Packag ing costs;  
(b)  Transport costs, including freight and insurance, movements outside the factory, port 
charges and customs duties;  
(c)  Credit costs;  
(d)  Commissions;  
(e)  Payments for after-sales services, such as technical assistance, maintenance and rep airs. 
In cases where  the export price is constructed on the basis of the price at which the imported 
products are first resold to an independent buyer, as stipulated in the second paragraph of the 
preceding article, allowances shall also be made for costs,  including the duties and taxes incurred 
between importation and resale, and for a reasonable amount for profits . If, in these cases, price 
comparability has been affected, the Investigating Authority shall establish the normal value at a 
level of trade eq uivalent to the level of trade at the constructed  export price or shall make due 
allowance for the factors identified in the present article . The Investigating Authority shall indicate 
to the interested parties the information that is needed to ensure a fa ir comparison and shall not 
impose upon them an unreasonable burden of proof.  
Comparison methods  
Article 14 . Notwithstanding  the provisions of the previous article, the existence of dumping 
margins shall be established on the basis of a comparison between a weighted average normal 
value and a weighted average of the prices of all comparable export transactions, or a comparison 
between normal value and transaction -by-transaction export prices.  
A normal value established on a weighted average basis may be com pared with the prices of 
individual export transactions if the Investigating Authority finds a pattern of export prices that 
differ significantly depending on the individual buyers, regions or periods . In these circumstances, 
the Investigating Authority sh all explain why such differences cannot be adequately taken into 
account by a weighted -average or transaction -to-transaction comparison.  
When the product under investigation comprises goods which are not physically the same, the 
margin of price discrimination shall be estimated by type of goods in such a way that the normal 
value and the export price involved in each calculation relate to goods with very 
similar  characteristics.  
When  the price discrimination margin is calculated by type of goods,  the margin for the product 
under investigation shall be determined as the weighted average of all the individual 
margins  estimated.  
When  in the opinion of the Investigating Authority the number of types of goods or the number of 
transactions to be investi gated is exceptionally large, the price discrimination margin may be 
determined on the basis of a statistically representative sample.  
Currency conversion  
Article 15 . When, in order to be equitable, the price comparison requires a currency conversion, 
the Investigating Authority shall carry out that conversi on using the exchange rate on  the date 
of sale. 
The date of sale shall be that of the instrument that sets out the essential conditions of the sale, 
whether this be a contract, a purchase order, an order  confirmation or an invoice.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Notwithstanding the provisions of the preceding paragraphs, when a sale of foreign currencies o n 
forward markets is directly related to an export sale, the Investigating Authority shall use the 
forward rate of exchange for all related transactions.  
The Investigating Authority may disregard fluctuations in exchange rates and shall allow exporters 
a period  of 60 days to adjust their export prices so as to reflect sustained movements in exchange 
rates during the period under invest igation.  
CHAPTER II  
Subsidies  
Elements constituting a subsidy  
Article 16 . For the purposes of the present Law, it shall be considered that a subsidy has been 
granted when benefits are conferred  in any of the following cases:  
(a)  When a financial contribution has been made by a government or any public entity in the 
territory of that government, in other words:  
1.  When the practice of a government involves a direct transfer of funds, such as grants , loans 
and equity infusions  or potential direct t ransfers of funds or liabilities, such as loan guarantees;  
2.  When government revenues that are otherwise due, including, for example, fiscal incentives 
such as tax rebates, are forgone or not collected;  
3.  When a government provides goods or services other than general infrastructure or when it 
purchases goods;  
4. When a government makes payments to a f unding mechanism, or entrusts to a private 
entity one or more of the functions described in paragraphs 1 -3 above that would normally be the 
responsibility  of the government, or instructs it to perform such functions, and that practice does 
not differ in any substantive way from the practices n ormally followed by governments.  
(b)  When there is some form of income or price support within the meaning of Artic le XVI of the 
General Agreement on Tariffs and Trade (GATT) 1994.  
Specificity  
Article 17 . A subsidy may only be subject to countervailing measures when it is specific.  
A subsidy shall be deemed to be specific to a n enterprise  or industry or to a group of enterprises  
or industries under the following circumstances:  
(a)  When the State or authority granting the subsidy, or the legislation under which that State 
or authority acts, explicitly limits access to the subsidy to certain enterprises;  
(b)  When, despi te the existence of objective criteria or conditions established in a law which 
govern the entitlement to the subsidy and its amount, the right to receive the subsidy is not 
automatic, or it can be determined that the granting authority does not respect su ch objective 
criteria or conditions . Objective criteria or conditions shall be defined as those which are impartial, 
which do not favour certain enterprises  over others and which are economic in nature and 
horizontal in application, such as the number of employees or the size of the enterprise ; 
(c)  When the subsidies are limited to certain enterprises  located in a designated geographical 
region under the jur isdiction of the State or granting authority;  
(d)  When a subsidy, although it may appear not to be categorized as specific under 
subparagraphs (a) and (b) above, is determined by the Investigating Authority to be specific, 
taking into account the followin g factors:  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  1. The exclusive use of the subsidy by a limited number of enterprises or by a 
particular  industry;  
2. The predominant use of the subsidy by particular enterprises or industries;  
3. The granting of disproportionately large subsidies to certain e nterprises;  
4. The fact that the manner in which the granting authority has exercised discretion 
demonstrates that the grant is not universally available.  
In applying this clause, due account shall be taken of the extent to which the economic activities 
within the jurisdiction of the State or the granting authority are diversified, and also the period 
during which the subsidy  programme has been implemented.  
(e)  When the subsidy is a prohibited subsidy within the meaning of the following article.  
Prohibited  subsidies  
Article 18 . The following subsidies shall be considered prohibited:  
(a)  Subsidies that are contingent, in law or in fact, whether solely or as one of a number of 
conditions , upon export performance . They shall be deemed to be contingent in fact  upon export 
performance when the facts show that the granting of a subsidy, even without having been made 
legally contingent upon export performance, is in fact tied to actual or anticipated exports or 
export earnings;  
(b)  Subsidies contingent, in law or  in fact, whether solely or as one of a number of conditions, 
upon the use of domestic rather than imported goods.  
The mere fact of the granting of a subsidy to exporting enterprises  shall not constitute  sufficient 
reason for the export subsidy to be considered  an export subsidy within the meaning of 
this provision.  
Recipient of the subsidy  
Article 19 . The amount of the subsidy granted to the recipient that may be subject to 
countervailing measures shall be calculated on the basis of the benefit conferred on  such recipient.  
Methodology for the calculation of the level of subsidy  
Article 20 . Calculation of the level of the subsidy shall be determined by a methodology established 
for that purpose . This methodology shall be outlined in the correspond ing regulation.  
CHAPTER III  
Determination of the Existence of Injury or Threat of Injury and Causal Relationship  
in an Investigation of Unfair Trade Practices  
Determination of the existence of injury  
Article 21 . Determination of the existence of injury shall be based on positive evidence, and shall 
include an objective examination of the following factors:  
(a)  Volume of dumped or subsidized imports;  
(b)  Impact of dumped or subsidized imports on the prices of like products on the 
domestic  market;  
(c)  Consequent impact of such imports on domestic producers of such products.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Consideration of the volume of dumped or subsidized imports  
Article 22 . The Investigating Authority shall take into account whether there has been a significant 
increase in the volume  of dumped or subsidized imports, in absolute terms or in relation to 
domestic production or consumption.  
With regard to the impact of dumped or subsidized imports on prices on the domestic market, the 
Investigating Authority shall take into account:  
(a)  If the imported good is being sold on the domestic market at a significantly lower price than 
that of the like domestic product ; or 
(b)  If the effect of such imports is to lower prices significantly or significantly to impede the rise 
in prices which woul d otherwise have occurred.  
Accumulation  
Article 23 . When imports of a like product coming from more than one country are simultaneously 
subject to anti -dumping or countervailing duty investigations, the Investigating Authority may only 
cumulatively assess the effects of those imports on the domestic industry if it determines that:  
(a)  The dumping margin or subsidy level for imports of the product under investigation from 
each country is more than the de minimis  level and the quantity of imports of the prod uct under 
investigation from each country is not insignificant, as specified in Articles 51 and 52 of the 
present Law;  
(b)  The cumulative assessment of the effects of imports is carried out in the light of the 
competition between imports and between impor ted products and the like domestic product.  
Consideration of the impact of dumped or subsidized imports on the industry  
Article 24 . Consideration of the impact of dumped or subsidized imports on the relevant domestic 
industry shall include an evaluation by  the Investigating Authority of all relevant economic factors 
and indices having a bearing on the state of that industry, including the following:  
(a)  Actual and potential decline in sales, profits, production volumes, market share, 
productivity, return o n investments or use of installed capacity;  
(b) Factors affecting domestic prices;  
(c)  Actual or potential negative effects on cash flow, inventories, jobs, wages, growth, ability to 
raise capital or investment;  
(d)  In the specific case of dumping, the magnitude of the dumping margin must also be taken 
into account;  
(e)  In the specific case of agricultural subsidies, the question whether there has been an 
increase in the costs of government aid programmes may also be taken into account.  
This list is not  exhaustive, and none of these factors, whether considered on their own or together  
with others, will necessarily suffice to provide decisive guidance.  
The Investigating Authority shall require the necessary evidentiary documents to verify the 
conditions set out in the preceding clauses , including the balance sheet and financial statements of 
the domestic industry.  
The Investigating Authority shall evaluate the impact of dumped or subsid ized imports on 
production of the like domestic product where the available data make possible the separate 
identification of such production, with the application of such criteria as the production process, 
producer sales, and their profits . If such ident ification is not possible, the Investigating Authority G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  shall evaluate the impact of the dumped or subsidized imports by examining the production of the 
most restricted group of products which includes the like domestic product and for which 
information is available.  
Threat of material injury  
Article 25 . The Investigating Authority shall base its determination of the existence of a threat of 
material injury on verifiable facts and not simply on allegations, conjecture or remote possibilities . 
In this regard,  there must be sufficient evidence to infer that there will be a substantial increase in 
the immediate future of imports of the product at dumped or subsidized prices.  
In making a determination regarding the existence of a threat of material injury, the In vestigating 
Authority shall consider, among others, the following factors:  
(a)  A significant rate of increase in dumped or subsidized imports into the domestic market, 
suggesting that the volume of such imports is likely to increase substantially;  
(b)  A sufficient freely available capacity of the exporter or an imminent and substantial increase 
in such capacity, indicating the likelihood of a substantial increase in dumped or subsidized exports 
to the Salvadoran market, taking due account of the existence  of other export markets which 
might absorb the possible increase of such exports;  
(c)  The fact that imports are being made at prices that will have the effect of significantly 
depressing  prices on the Salvadoran market or suppressing any price increase , and that are likely 
to increase demand for further imports;  
(d) Stocks of the product under investigation;  
(e)  For the specific case of subsidies, their nature and likely effects on trade . In assessing the 
nature of subsidies, account may be taken of such  aspects as their term of validity, their level or 
the group of exporters that they cover.  
None of these factors on their own will necessarily suffice to provide decisive guidance, but taken 
as a whole they must all lead to the conclusion that the existenc e of new exports at dumped or 
subsidized prices will cause material injury, unless protective action is  taken.  
Causal ity 
Article 26 . The Investigating Authority must demonstrate that the dumped or subsidized imports 
cause injury as defined by the provisions of the present Law . The demonstration of a causal link 
between the dumped or subsidized imports and the injury to domestic industry shall be based on a 
review of all relevant evidence available to the Investigating Authority.  
The Investigating A uthority must consider other known factors, besides the dumped or subsidized 
imports, which could also be injurious  to the domestic industry ; injury caused by those other 
factors shall not, however, be attributed to the dumped or subsidized imports . Possibly relevant 
factors include the following:  
(a)  Volume and prices of imports not sold at dumped prices or not subsidized;  
(b)  Shrinking demand or changes in consumption patterns;  
(c)  Restrictive trade practices of foreign producers and domestic producers , and competition 
between them;  
(d) Evolution of technology;  
(e)  Results of the export activity and the productivity of the domestic industry.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  TITLE IV  
Substantive Rules on the Application of Safeguard Measures  
SOLE CHAPTER  
Determination of the Existence of Serious Injury or the Threat of Serious Injury and 
Causal Relationship in a Safeguard Investigation  
Serious injury  
Article 27 . The determination of whether the increase in imports has caused or threatens to cause 
serious injury to a dom estic industry shall be based on an assessment of all relevant factors of an 
objective and quantifiable nature that are related to the situation of that industry, in particular:  
(a)  The rate of increase and amount of increased imports of the product under  investigation in 
absolute terms and relative to the domestic production of like or directly competitive products;  
(b)  The share of the domestic market occupied by the increasing imports of the product 
under  investigation;  
(c)  Prices of the product under  investigation, in particular for the purpose of determining 
whether lower prices have been recorded than those of the like domestic product or directly 
competitive domestic products;  
(d)  The impact of the increased imports of the product under investigat ion on the domestic 
industry, as evidenced by relevant indicators, including : production ; capacity utilization ; stocks ; 
sales; market share ; prices, in other words, the decline in domestic prices or the fact that these 
prices are not rising as they would h ave in the absence of increased imports ; productivity ; gains 
and losses ; return on investment ; cash flow and employment;  
(e)  Factors other than the increased imports of the product under investigation which likewise 
cause or threaten to cause serious inju ry to the domestic industry.  
This list is not exhaustive and none of these factors either on their own or together with others will 
necessarily be sufficient to provide decisive guidance.  
The Investigating Authority may only determine that the increased im ports of the product under 
investigation have caused or threaten to cause serious injury to the domestic industry if there is a 
cause -and-effect relationship between the increase in imports and the injury or threat of 
serious  injury.  
When there are factors  other than the increased imports of the product under investigation which 
likewise cause or threaten to cause injury to the domestic industry, the injury shall not be 
attributed to the increase in imports.  
Threat of serious injury  
Article 28 . Determinatio n of the existence of a threat of serious injury caused by an increase in 
imports shall be based on verifiable facts and not merely on allegations, conjecture or remote 
possibilities . In this regard, there must be sufficient evidence of a substantial incre ase in imports 
of the product under investigation.  
In examining whether the increase in imports threatens to cause serious injury, the Investigating 
Authority shall evaluate, in addition to the factors mentioned in the first paragraph of the 
preceding arti cle, the following:  
(a)  Actual and potential export capacity of the country or countries of production or origin;  
(b)  Stock inventories of domestic production and in exporting countries;  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  (c)  Likelihood of exports of the product under investigation enter ing the domestic market in 
increasing quantities;  
(d)  Any other factor that the Investigating Authority deems appropriate.  
TITLE V  
SOLE CHAPTER  
Common Procedural Rules on Unfair Trade Practices and Safeguard Measures  
Prior written request  
Article 29 . The process of investigation for the purpose of verify ing whether or not to apply 
anti-dumping duties, countervailing duties or safeguard measures shall be initiated by a n 
application submitted to the Investigating Authority by or on behalf of a  domestic  indus try which 
considers itself to have been injured.  
Exceptionally, ex officio  investigations shall be initiated when the Investigating Authority has 
sufficient evidence of the existence of an unfair trade practice, of injury and of a 
causal  connection.  
The pr ocess of investigation for the purpose of verifying whether or not to apply safeguard 
measures may, in exceptional cases, be initiated ex officio  by the Investigating Authority, in 
accordance with the provisions of the present Law.  
Resolution on the admissibility of the application  
Article 30 . The Investigating Authority shall review the requirements set out in Articles 47 and 69 
of the present Law within 30 days of the submission of the application, with a view to determining 
whether all the required  information has been included for the application to be admitted.  
If it is determined that the application is incomplete, the Investigating Authority shall warn the 
applicant, within the following ten days, so that the applicant can revise it . The applica nt shall 
have a period of 30 days from the date of such notification to comply with the aforementioned 
warning, which may be extended for an equal period at the request of the interested party.  
If the applicant does not challenge the warning within the dea dlines stipulated above, the 
application shall be declared inadmissible and shall be shelved.  
The Investigating Authority shall have the power to issue a second warning, in the event that it 
considers the information submitted to be insufficient, in which case it shall grant the applicant an 
unextend ible period of 30 days  from the date of the respective notification.  
If there is information to which the applicant does not have reasonable access, the applicant must 
provide evidence of this to the Investigati ng Authority, which shall carry out the relevant 
verification, in order to determine if the information already provided is sufficient for the request to 
be admitted.  
Once these requirements have been met, the Investigating Authority shall proceed to admit  the 
request within the following 15 days.  
Initiating an investigation  
Article 31 . Upon admission of the application, the Investigating Authority shall examine the 
accuracy and relevance of the evidence presented with the application to determine if there is 
sufficient evidence to warrant  the initiation of an investigation.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  The Investigating Authority shall decide whether or not to initiate an investigation into unfair trade 
practices or with a view to the application of safeguard measures, by means of the respective 
resolution, which shall be issued within a period of 15 days from the date of admission of the 
application.  
In the event that the Investigating Authority decides not to initiate an investigation, the resolution 
on its rejection must be notified to the applicant within ten days of its issuance.  
The period of the investigation shall count from the day following the date of issuance of the 
resolution on its initiation . Thereafter, the Investigating Authority must notify known interested 
parties so t hat they can present the arguments that they deem appropriate.  
Publicity about the application  
Article 32 . Unless a resolution has been issued on the initiation of an investigation, the 
Investigating Authority shall avoid any publicity about an application  to initiate an investigation.  
Notification of an application  
Article 33 . When an application for an investigation of unfair trade practices or a safeguard 
investigation complies with the requirements stipulated in Articles 47 and 69 of the present Law, 
respectively, and before proceeding to initiate the investigation, the Investigating Authority shall 
directly notify the government of each exporting country concerned.  
Notification of resolutions  
Article 34 . Initiating, preliminary and final resolutions a dopted in investigations relating to unfair 
trade practices and safeguard measures shall be notified to known exporters, foreign producers 
and governments of the exporting countries, and also to the importers and the domestic producers 
that constitute the domestic industry.  
The resolution to initiate  an investigation shall be notified directly to the exporter or through the 
diplomatic representative of the exporting country accredited to El Salvador ; in addition, the full 
text of the non -confidential versio n of the application must be attached to the resolution, together 
with the questionnaires that are to be completed by each interested party.  
Other resolutions shall be notified to the interested parties . Such notifications may be made by 
electronic means o r by any other means that the parties may elect for such purposes, provided 
that the dispatch and receipt of the said notification are duly recorded.  
The Investigating Authority shall notify these resolutions to the relevant committees of the World 
Trade O rganization and to the Council of Ministers for Central American Economic Integration, as 
regulated by the applicable international instruments.  
Public announcements  
Article 35 . The Investigating Authority shall place on its website a public notice setting  out a brief 
summary of the init iating, preliminary and final resolutions issued in connection with investigations 
relating to unfair trade practices or safeguard measures.  
In addition, the Investigating Authority shall publish in the Official Gazette the full text of the 
initiating, preliminary and final resolutions.  
Submission of arguments and evidence  
Article 36 . In investigations relating to unfair trade practices or safeguard measures, the 
Investigating Authority shall establish the maximum period for the receipt of arguments or 
evidence from interested parties, respecting the investigation period stipulated in the 
following  article.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Arguments in writing may be submitted by electronic means or by any other means that the 
parties elect for such purposes, provided that a record is kept of their dispatch  and receipt.  
The evidence must be submitted to the Investigating Authority within the  time-limit that it has 
established, in accordance with the relevant formalities established by common law.  
Investigation time -frame  
Article 37 . Investigations into unfair trade practices must be concluded within a maximum period 
of 12 months, except in ex ceptional circumstances, when they may continue for 18 months . In the 
case of safeguard measures, they must be concluded within a maximum period of six months, 
except in exceptional circumstances, when they may continue for 12 months . Both terms shall 
count from the day following the date of issue of the initiating resolution.  
Confidential information  
Article 38 . During and after the investigation, the Investigating Authority and any other competent 
authority shall treat as confidential the information subm itted to it or provided for that purpose . No 
access shall be accorded to information considered confidential, except for the party that provided 
it and for the respective competent authority.  
Any information that, by its nature, is confidential, for exampl e, because its disclosure would entail 
a significant advantage for a competitor, or would have a significantly unfavourable effect for the 
interested party providing the information or for the third party from which it obtained the 
information, or which th e parties to an investigation provide on a confidential basis, shall be 
treated as such by the Investigating Authority, subject to sufficient justification in that regard.  
In view of their nature, the following forms of information, among others, shall be considered as 
confidential:  
(a)  Commercial or industrial secrets relating to the nature of a product, production processes, 
operations, production equipment or machinery;  
(b)  Information relating to the financial situation of an enterprise which is not i n the 
public  domain;  
(c)  Information regarding costs, identity of clients, sales, stocks, shipments, quantity or source 
of revenue, profits, losses or expenses related to the manufacture and sale of a product.  
If the Investigating Authority concludes that  a request to declare information confidential is not 
justified and the interested party does not wish to make it public, or to authorize its disclosure in 
general or summarized terms, the Investigating Authority may decide to disregard such 
information un less it has been convincingly demonstrated, from an appropriate source, that the 
information is correct.  
An interested party submitting confidential information must attach a non -confidential summary of 
such information or provide sufficient reasons why su ch information cannot be summarized.  
Non-confidential summaries of information deemed to be confidential must be sufficiently explicit 
for other interested parties to have a clear understanding of the information provided, including, 
for example, graphs sh owing data set out as percentages, a generic explanation of the data 
provided, and others.  
Files and access  
Article 39 . All information provided by the interested parties, and also the information collected 
ex officio  by the Investigating Authority, shall be chronologically filed in separate files, one of 
which shall contain public information, another restricted information and a third confidential 
information . G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Interested parties, their representatives and their duly a ccredited lawyers shall be entitled at any 
stage of the procedure to peruse, read and copy any document or piece of evidence from the 
restricted file, and also to request certification of such document or evidence, except confidential 
information, to which  only the Investigating Authority and the party that has supplied it shall have 
access . This information may not be disclosed during the investigation process.  
The costs of preparing the certification or simple copies of the file requested from the Investi gating 
Authority shall be borne by the applicant.  
The Investigating Authority shall include in the non -confidential file:  
(a)  All public notices related to the investigation or review;  
(b)  All documentation, such as questionnaires, responses to questionn aires and written 
communications to the Investigating Authority;  
(c)  All other information derived or obtained by the Investigating Authority, including the 
verification report or reports;  
(d)  Other documents considered appropriate by the Investigating A uthority for inclusion in the 
non-confidential file.  
Information gathering  
Article 40 . Upon initiation of the investigation, the Investigating Authority shall send 
questionnaires or requests for information to the known domestic producers, importers, expor ters 
and foreign producers or to any other economic agents that it considers pertinent.  
The Investigating Authority shall give the interested parties to which it sends the questionnaires a 
period of 30 days to submit responses , from the day following their notification.  
When the questionnaires are sent to foreign exporters or producers through their respective 
government, the period indicated above shall count from one week following the date on which 
they were delivered or transmitted to the diplomatic rep resentative of the exporting country 
accredited to El Salvador.  
The deadline for completing  the questionnaires may be extended for another 30 days, upon 
request of the interested party, submitted before the expiration of the original deadline . 
The Investigating Authority shall not take into account responses to the questionnaires submitted 
after the original deadline or its extension.  
The Investigating Authority may, in the course of the investigation, request further information 
from interested par ties, in the form of supplementary questionnaires or written requests for 
clarification or additional information.  
It may also request information from other government entities, which may include the 
transmission of technical criteria, in which case these  entities shall be obliged to supply the 
information . Likewise, the Investigating Authority may request information from third parties not 
party to the process, such as domestic distributors or dealers in the product or merchandise in 
question, and also cu stoms officials , agents , attorneys or consignees of the importers.  
In all cases where additional information is required, the interested party shall be granted a period 
of 30 days from the day following the respective notification for the submission  of suc h 
information.  
If the requirements set out in the preceding paragraphs are not satisfied, the Investigating 
Authority shall make its decision on the basis of the best available information, including the 
information contained in the application for the ini tiation of an investigation.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Verification of information  
Article 41 . At any point during the co urse of the investigation, the Investigating Authority may 
carry out such verification visits as it considers pertinent.  
The Investigating Authority shall collec t any information that it considers necessary and, when it 
deems it appropriate, examine and verify the information provided by the interested parties to 
confirm its authenticity . 
If necessary, the Investigating Authority may c onduct verification  visits in other countries, subject 
to the prior consent of the enterprises  involved and provided that there is no o bjection from the 
government of the country concerned . Once the consent of the enterprises  has been obtained, the 
Investigating Authority shall notify  the authorities of the exporting country of the names and 
addresses of the enterprises  to be visited and the proposed dates.  
In exceptional circumstances, when non -governmental experts are to be included in the 
investigation team, the enterprises  and authorities of the exporting country should be informed 
accordingly . These non -governmental experts shall incur penalties if they fail to comply with the 
requirements established in the present Law related to the confidential nature of the information . 
Evidence  
Article 42 . Any document written in any language other than Spanish must be accompanied by a 
translation . The translations shall be made by a translator, whose charges shall be borne by the 
interested party submitting the document and in accorda nce with the formalities established by 
common law in this regard.  
It shall not be necessary for all documents to be legalized, but the Investigating Authority, acting 
ex officio  or at the request of an interested party, may require that a document be lega lized.  
Public or private documents, testimony of witnesses or expert s, and means of reproduction of 
sound, voice or image and storage of information shall, in accordance with the provisions of the 
previous article, be admitted as evidence.  
All evidence sha ll be assessed in accordance with the rules of fair comment . 
Technical report on the evidence  
Article 43 . The Investigating Authority shall prepare a preliminary technical report and a final 
technical report  evaluating  the evidence submitted and examined in the investigation . These 
reports shall include, as appropriate, financial, economic, accounting and other calculations that 
may be necessary to analyse the information collected on the facts being investigated.  
These technical reports shall be presented with a view to enabling the preliminary and the final 
determinations . The preliminary report shall be prepared on the basis of the information set forth 
in the application and shall take into account the responses to the questionnaires sent out by the 
Investigating Authority.  
The final technical report shall be prepared once all the required evidence has been examined , and 
shall be added to the respective file.  
Hearings  
Article 44 . Before issuing a final resolution, the Investigating Authority may schedule a hearing, at 
which all interested parties may present information and arguments . Upon conclusion of the 
hearing, the parties shall have a period of 15 days to present written arguments related to the 
matters discussed at the hearing.  
No interested party shall be obliged to attend a hearing, and its absence shall not prevent the 
hearing from going ahead.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Interested parties attending a hearing shall notify the Investigating Authority of the names of their 
representatives, not less than five days before the date of the hearing . The Investigating Authority 
shall determine the order in which the interested parties speak and shall determine the time of 
their statements and the duration of the hearing.  
Withdrawal of the application  
Article 45 . Applicants may with draw their application in writing before the start of the 
investigation, and the application shall be considered as not submitted.  
Likewise, once the investigation has been initiated, the applicant may withdraw from it at any 
time. If a request for withdra wal is submitted after the initiation of the investigation, the 
Investigating Authority shall notify the interested parties, and thereby terminate the investigation.  
Powers of the Minister of the Economy  
Article 46 . A resolution imposing an anti -dumping du ty, a countervailing duty or a safeguard 
measure, whether provisional or definitive, shall be adopted by the Minister of the Economy, and it 
shall take into account both , on the one hand,  the technical report and the recommendations  of 
the Investigating Au thority  and, on the other, the public interest.  
The final resolution shall also confirm or revoke any provisional measures that have been adopted.  
TITLE VI  
SOLE CHAPTER  
Special Procedural Rules on Unfair Trade Practices  
Evidence and information to be inclu ded in investigations of unfair trade practices  
Article 47 . The application shall include relevant evidence on the existence of dumping or a 
subsidy, and also on injury and causal links . In the case of a subsidy, the amount of the subsidy 
may also be included, if possible.  
The application must contain the following information:  
(a)  Applicant 's name, address, telephone number, tax identification number and, in the case of 
legal representation, the documentation attesting thereto;  
(b)  Address to which notifications are to be sent;  
(c)  Name of the domestic industry filing the application or on whose behalf it is filed, including 
the names, addresses, telephone numbers and email s of all other known producers in 
that industry;  
(d)  Information concerning the extent of support for the application by the domestic industry, 
including the following details:  
1.  Record of support for the application from the rest of the domestic industry;  
2.  Total quantity and value of the domestic production of the like produ ct; 
3. Quantity and value of the like product produced by the applicant and by e ach of the 
domestic producers.  
(e)  Full description of the allegedly dumped or subsidized product, including the technical 
characteristics and uses of the product, and its tar iff code with the maximum number of digits 
employed in the Harmonized System;  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  (f)  Full description of the like domestic product, including its technical characteristics and uses, 
and its tariff code with the maximum number of digits employed in the Harmon ized System;  
(g)  Country of origin of the allegedly dumped or subsidized product and, if imported from a 
country other than that of production, the country from which the imported  product has come ; 
(h)  Name and address of all natural or legal persons, wh ether exporters or importers, known by 
the applicant to be selling the allegedly dumped or subsidized product in El Salvador;  
(i)  Information on the evolution of allegedly dumped or subsidized imports ; the impact of these 
imports on domestic market prices  of the like product and the consequent repercussions of these 
imports for the domestic industry in accordance with the relevant factors and indices which affect 
the status of the domestic industry and which are set out in the present Law as the means of 
demonstrating the injury and the existence of a causal connection;  
(j)  In the particular case of dumping:  
1.  Information on the prices at which the product in question is sold when it is destined for 
consumption in the domestic market of the country of ex port or origin . Where appropriate, the 
following data shall be attached on the prices at which the product is sold from the country of 
export or origin to a third country or on the computed value of the product allegedly 
being  dumped;  
2. Information on export prices or the prices at which the allegedly dumped product is first 
resold to an independent buyer in El Salvador and on the possible adjustments provided for in 
Article 13 of the present Law.  
(k)  In the particular case of subsidies,  evidence of the existence and nature of the 
subsidy  concerned;  
(l)  The dumping margin and anti -dumping duties applied for or the amount of the subsidy and 
countervailing duties applied for, as appropriate.  
The original application and documentation submi tted must be accompanied by a number of copies 
equal to the number of interested parties identified in the application, except in the case of the 
information deemed to be confidential.  
Consultations in the event of a subsidy  investigation  
Article 48 . Once an application relating to a subsidy has been admitted and, in any event, before a 
resolution to initiate an investigation has been issued, the Investigating Authority shall invite 
representatives of the governments of the countries whose products are the subject of the 
investigation to hold consultations with a view to reaching a mutually agreed solution.  
Throughout the period of the investigation, the above -mentioned countries shall be given the 
opportunity to pursue such consultations . If requested by go vernments, the Investigating 
Authority shall allow access to non -confidential evidence.  
Submission of an application by or on behalf of the domestic industry  
Article 49 . For investigations of dumping or subsidies, an application shall be considered to have  
been made by or on behalf of the domestic industry when:  
(a)  It is supported by domestic producers whose joint production accounts for more than 50 % 
of the total production of the like domestic product produced by that portion of the domestic 
industry wh ich manifests its support for or opposition to the application;  
(b)  Domestic producers expressly supporting the application represent at least 25 % of the total 
production of the like domestic product produced by the domestic industry.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Resolution initiatin g an investigation of unfair trade practices  
Article 50 . When the Investigating Authority decides to initiate an investigation of unfair trade 
practices, it must issue a duly substantiated  resolution, which must at a minimum include the 
following:  
(a)  Name of the Investigating Authority, and the place and date of issuance of the resolution;  
(b)  Name or business name and domicile  of the domestic producer or producers of like products, 
and also the address to which notifications are to be submitted;  
(c)  Name or business name and domicile  of the importers and exporters, and the address to 
which notifications are to be submitted;  
(d)  Country or countries of origin  or consignment  of the products alleged to be subject to unfair 
trade practices;  
(e)  Detaile d description of the product that has been imported or is being imported under 
alleged unfair trade practices;  
(f)  Description of the like domestic product similar to the product being imported under alleged 
unfair trade practices;  
(g)  Indication of the information -gathering periods;  
(h)  Motivation and substantiation of the resolution, listing the pieces of evidence presented;  
(i)  Period granted to those accused of such practices and, if applicable, to the foreign 
government or governments indicated, to  provide any evidence that they deem appropriate, and 
also the address to which they may submit their arguments;  
(j)  Determination of the information that will be required of the interested parties, through the 
questionnaires or forms;  
(k)  Date of initiation of the investigation.  
De minimis  margin  
Article 51 . In investigations of unfair trade practices, a margin shall be considered de minimis  in 
the following cases:  
(a)  In dumping investigations , when the margin is less than 2 %, expressed as a percentage of 
the export price;  
(b) In subsidy investigations, the amount of the subsidy shall be considered de minimis  when it 
is less than 1 % ad valorem . When the exporting country is a developing country, the overall level 
of subsidies granted for the p roduct concerned shall be deemed to be de minimis  if it does not 
exceed 2 % of the product 's value, calculated on a per unit basis.  
The foregoing  calculations may be made on a consolidated basis by country, and individually by 
exporter ; in the event that th e total margins are lower than the levels  determined , the 
investigation should be terminated in accordance with the provisions of the pre ceding  article . If 
individual de minimis  margins are established for certain exporters, the investigation shall be 
terminated for them and continued for those with higher margins.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Negligible  imports  
Article 52 . Imports shall be considered negligible in the following  cases:  
(a) In dumping investigations, when the quantity of allegedly dumped imports from a given 
country rep resent s less than 3 % of imports of the like product  into the domestic market, except 
where the countries which individually account for less than 3 % of imports of the like product into 
the domestic market collectively account for more than 7 % of such imports;  
(b) In subsidy investigations, when the subsidized imports come from developing countries and 
the quantity of such imports represents less than 4 % of the total imports of the like product into 
the domestic market, except where imports com ing from developed countries and individually 
accounting for  less than 4 % collectively account for more than 9 % of the total imports of the like 
product into the domestic market.  
When exports under investigation come from more than one country, the investi gation may also 
cover those countries whose exports are individually negligible . 
Information -gathering period  
Article 53 . The period set for the gathering of information to determine whether or not there has 
been dumping or a subsidy shall be one year prio r to the date of initiation of the investigation to 
which the available data relate.  
For the purposes of determining whether or not there has been injury, the period set for the 
gathering of information shall be three years prior to the date of initiation of the investigation . The 
Investigating Authority may, however, opt for a shorter period, if it deems it appropriate, in the 
light of available information relating to the domestic industry and to the product 
under  investigation.  
Preliminary determination and resolution in investigations of unfair trade practices  
Article 54 . The Investigating Authority may recommend to the Minister of the Economy the 
imposition of a provisional  measure when there has been a preliminary affirmative determination 
of the exist ence of a subsidy and it has been determined that such measures are necessary to 
prevent the infliction of injury during the investigation . Provisional  measures may not, however, be 
applied until a period of 60 days has elapsed from the date on which the i nvestigation is initiated.  
The preliminary resolution shall lay out the findings and conclusions which have been reached on 
all matters of fact and of law which are deemed important and it shall include, at a minimum, 
the following:  
(a) Names of the known exporters, foreign producers and importers of the product 
under  investigation;  
(b) Names of the known domestic producers of the like product;  
(c) Description of the product under investigation, and also of the like domestic product, 
including the tariff co de with the maximum  number of digits employed in the Harmonized System;  
(d) Dumping margin or level of the subsidy, as appropriate, whose existence has 
been determined;  
(e) Factors that led to the determination of injury and the causal link, including info rmation on 
factors unrelated to the dumped or subsidized imports which have been taken into consideration;  
(f) Extent and period of application of the provisional  measures which have had to be applied 
and the reasons for which such measures are necessary to prevent the infliction of injury during 
the investigation;  
(g) Instruction to the Director ate General of Customs to impose the measure.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Form of payment and dura tion of provisional  measures  
Article 55 . Payment for provisional  measures may be made by means of a cash deposit or security 
lodged with the competent authority and may not exceed the dumping margin or amount of the 
ad valorem  subsidy, as indicated in the preliminary resolution.  
Provisional  measures shall be applied for a period not exceeding four months in the case of 
subsidies and six months in the case of dumping.  
Price undertakings  
Article 56 . In dumping investigations, the  proceedings may be suspended or terminated without 
the imposition of provisional  measures or anti -dumping duties if the exporter gives satisfactory 
voluntary undertakings to revise its prices or to terminate exports at dumped prices.  
In subsidy investigat ions, the investigation shall also be terminated if the government of the 
exporting country agrees to eliminate or limit the subsidy or the exporter agrees to revise its 
prices to a point where the Investigating Authority is satisfied that the injurious ef fect of the 
subsidy has been eliminated.  
The price increases stipulated in these undertakings shall not exceed the dumping margin or the 
level necessary to offset the amount of the subsidy determined by the Investigating Authority.  
Conditions for acceptanc e 
Article 57 . When the Investigating Authority accepts a price commitment, it shall publish a notice 
to this effect in the Official Gazette and in a newspaper with nationwide circulation, the costs of 
such publication to be borne by the applicant.  
If the I nvestigating Authority decides to continue the investigation, it shall publish a notice 
indicating the date set for the final determination . In this case, the final determination shall be 
made within a period of 180 days of the date of publication of the s aid notice.  
Continuation of the investigation  
Article 58 . Notwithstanding the provisions of Article 56 of the present Law, even if one or more 
undertakings are accepted, the Investigating Authority may continue the investigation until its 
conclusion, shoul d it so decide . In such a case, if the Investigating Authority makes a negative 
determination of the existence of dumping, subsid ization  or injury, the undertaking or 
undertakings shall lapse, except where such determination is actually based on the fact that an 
undertaking has been given . 
In the event that an affirmative determination of dumping or subsidization  and of injury  is made , 
the undertaking shall be maintained consistent with its terms and the provisions of the 
present  Law. 
Breach of undert aking  
Article 59 . If an undertaking is not honoured, the Investigating Authority may adopt provisions 
consisting in the immediate application of provisional measures, based on the best 
available  information.  
Early conclusion of the investigation  
Article 60 . The investigation shall be terminated when the Investigating Authority determines that:  
(a)  There is insufficient evidence of dumping or a subsidy and no evidence of injury justifying 
continuation of the proceedings;  
(b)  The dumping margin or the amoun t of the subsidy is minimal;  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  (c)  The quantity of actual or potential dumped or subsidized imports is insignificant.  
Final  resolution in investigations of unfair trade practices  
Article 61 . The final determination that determines the existence of dumping or a subsidy, injury 
and causal connection must include at least the following:  
(a)  Names of exporters, foreign producers and importers of the product under investigation;  
(b)  Names of the domestic producers of the like product that make up the domestic industry;  
(c)  Description of the product under investigation, and also of the like domestic product;  
(d)  Conclusions or determinations reached by the Investigating Authority in relation to the 
product under investigation, the like domestic product or dir ectly competitive products;  
(e)  Where applicable, the existing dumping margin and the basis for such determination, 
including a description of the methodology used to determine normal value, export price and any 
adjustments that may have been made in comparing these values and prices;  
(f)  Where applicable, the amount established for the subsidy and the grounds on which the 
existence of the subsidy has been determined;  
(g)  Factors on which injury and causation determinations have been based, including  
information on factors unrelated to dumped or subsidized imports that have been taken 
into account;  
(h)  Amount of anti -dumping or countervailing duties to be imposed and their duration.  
Individual dumping margins  
Article 62 . The Investigating Authority s hall determine the dumping margin applicable to each 
known exporter.  
If the number of exporters is so high that it is impossible to determine the dumping margin for 
each, the Investigating Authority may limit its consideration to a reasonable number of int erested 
parties, using samples that are statistically valid on the basis of the information available at the 
time of selection, or of the highest  percentage of the volume of exports of the country concerned 
that can reasonably be investigated.  
Public inter est and lesser duties  
Article 63 . The amount of the anti -dumping duty shall not exceed the dumping margin or, where 
applicable, the amount of the countervailing duty shall not exceed the rate of subsid ization . 
When the Investigating Authority has determine d that all requirements for the imposition of 
anti-dumping measures or countervailing duties have been met, it shall consider whether the 
imposition of such measures would be injurious to the public interest . The consideration of public 
interest shall be c onducted on the basis of information provided by interested parties or collected 
by the Investigating Authority in this regard during the investigation ; it shall also consider the 
interests of the relevant domestic industry, the domestic competitiveness of  the product under 
investigation and the needs of end -users.  
The Investigating Authority shall consider whether the establishment of a duty less than the total 
dumping margin or, where applicable, a duty less than the total amount of the subsidy would be 
sufficient to eliminate the injury to the domestic industry.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Establishment and collection of antidumping or countervailing duties  
Article 64 . The corresponding resolution shall establish the anti -dumping duty that corresponds to 
each exporter of the dumped product or, where applicable, the countervailing duty for the 
subsidized product . These duties shall be applicable to the product originating from the country or 
countries under investigation, regardless of the countries from which they were consigned, and  
shall be collected by the Ministry of Finance, through the Directorate General  of Customs.  
Residual measures shall also be imposed on imports originating in or consigned from the country 
or countries under investigation, with a view to avoiding circumvent ion of the measures . The 
residual measure should be set at a level between the most and least burdensome measures 
applied to the exporters investigated.  
When imports of a particular product are the subject of both anti-dumping and countervailing duty 
investigations, such duties shall not be imposed to compensate for the same situation of dumping 
or export subsid ization . 
Reimbursement of duties paid in excess of the dumping margin or countervailing duties  
Article 65 . The Ministry of Finance, through the Directorate General  of Customs, shall reimburse 
the excess paid, in accordance with the provisions of the final resolution, in the following cases:  
(a)  Where the definitive anti -dumping duty is lower than the provisional d uty collected;  
(b)  Where the actual level of subsidy in a given period, on the basis of which the duties were 
paid, has been eliminated or reduced to a level below that of the duty in force.  
Termination of measures  
Article 66 . Any definitive anti -dumping duty or definitive countervailing duty shall be terminated, 
at the latest, within a period of five years from the date of its imposition or the date of the last 
review carried out, in accordance with the following article.  
The Investigating Authority shall  publish a notice in the Official Gazette indicating such 
termination, at least 90 days before the date of expiry of the definitive anti -dumping duty or 
definitive countervailing duty . The said notice shall be communicated to the domestic industry and 
to the exporter.  
Review of measures  
Article 67 . The Investigating Authority shall review the need to maintain the anti -dumping or 
countervailing duty at the request of the domestic industry that submitted the application . The 
said application shall be supporte d by pertinent evidence to justify the need for the review and 
shall be submitted one year before the expiry of the period established for the imposition of the 
above -mentioned duties . The Investigating Authority shall contact the domestic industry and the  
exporter 90 days prior to the start of the one -year period, with a view to requesting consideration 
of the measures.  
Upon initiation of the review, the Investigating Authority shall publish a notice to that effect in the 
Official Gazette and in a newspape r with nationwide circulation, and the costs of such publication 
shall be borne by the interested party.  
Review relating to new exporters  
Article 68 . If a product is subject to definitive anti -dumping or definitive countervailing duties, the 
Investigating Authority shall conduct a review to determine the individual dumping margins or 
specific type of countervailing duty applicable to exporters or producers of the exporting countries 
concerned which have not exported the product concerned to El Salvador duri ng the period of 
investigation, provided that such exporters or producers can demonstrate that they are not 
connected with any of the exporters or producers in the exporting country which are subject to 
anti-dumping or countervailing duties.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  The said revie w shall commence within a period of 30 days following the date of receipt of the 
application by the producer or exporter concerned . The review shall be completed within the 
following 12 months.  
During the review, no anti -dumping or countervailing duties sh all be levied on imports from such 
exporters or producers . The Investigating Authority shall, however, establish the securities to be 
lodged for the amount of the residual anti -dumping or countervailing duties determined in 
accordance with article 64, para graph 2, of the present Law.  
TITLE VII  
SOLE CHAPTER  
Special Procedural Rules on Safeguard Measures  
Evidence and information to be included in applications for safeguard investigations  
Article 69 . The application must include the following information:  
(a)  Full description of the product under investigation, including the technical characteristics and 
uses of the product and its tariff code with the maximum number of digits employed  in the 
Harmonized System;  
(b)  Full description of the like domestic product or directly competitive domestic products, 
including their technical characteristics and uses, and also their tariff code with the maximum 
number of digits employed in the Harmonized System;  
(c)  Identity of th e domestic industry submitting the application, or on whose behalf it is being 
submitted, including the names, addresses, telephone numbers and email s of all other known 
producers of the like or directly competitive domestic product;  
(d)  Percentage of dom estic production of like or directly competitive products represented by 
the domestic industry;  
(e)  Information on the quantity and value of the imported product in each of the three years 
prior to the application, by country of origin;  
(f)  Details of th e increase in imports in absolute or relative terms in relation to 
domestic  production;  
(g)  Information relating to the existence of serious injury or threat of serious injury to the 
domestic industry in each of the three years prior to the request, inclu ding information on the 
factors listed in Articles 27 and 28 of the present Law;  
(h)  Explanation why the application of a safeguard measure would be in the public interest;  
(i)  If application is made for a provisional  measure, information on the critical  circumstances in 
which any delay in taking action would entail injury to the industry that would be difficult to 
remedy and a statement indicating the extent of the provisional  measure.  
The original application and documentation provided must be accompani ed by a number of copies 
equal to the number of interested parties identified in the application, except for the information 
deemed confidential.  
Resolution initiating safeguard investigations  
Article 70 . If the Investigating Authority decides to initiate an investigation relating to safeguard 
measures, it must issue a duly motivated resolution, which, at a minimum, must include the 
following:  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  (a) Name of the Investigating Authority, and also the place and date of issue of the resolution;  
(b)  Confirmation that the application and accompanying documents have been accepted;  
(c)  Name or business name and domicile  of the domestic producer or producers of like or 
directly competitive products, and the address to which notifications are to be submitted;  
(d)  Name or business name and domicile  of the importers and exporters, and the address to 
which notifications are to be submitted;  
(e)  Country or countries of origin or consignment  of the imports under investigation;  
(f)  Detailed description of the products subject to  safeguard investigation that have been 
imported or are being imported;  
(g)  Description of the like or directly competitive domestic product similar to the product that 
has been or is being imported;  
(h)  Indication of the information -gathering period;  
(i)  Motivation and substantiation  for the resolution, listing the pieces of evidence presented;  
(j)  Time-limit granted to the defendants and, where appropriate , the foreign government or 
governments indicated, to submit whatever evidence that the y see fit , and the place where they 
may present their submissions ; 
(k)  Determination of the information that will be required of the interested parties, through 
questionnaires or forms;  
(l)  Date of initiation of the investigation.  
Information -gathering period in safeguard investigations  
Article 71 . In determining whether there has been a substantial increase in imports and serious 
injury, the information -gathering period shall be three years prior to the date on which the 
investigation was init iated.  
Application of a provisional  safeguard measure  
Article 72 . The application of a provisional  safeguard measure may only be recommended if the 
Investigating Authority determines:  
(a) That the prevailing circumstances are critical, in other words, that  any delay will entail injury 
that is hard to remedy;  
(b) That there is clear evidence that, as a result of unforeseen eventualities and pursuant to the 
obligations entered into by El Salvador under the General Agreement on Trades and Tariffs (GATT) 
1994, the product under investigation is being imported in quantities and under conditions such 
that it is causing or threatening to cause serious injury to the domestic industry which 
manufactures like or directly competitive products.  
The provisional  safeguard  measure may only take the form of the imposition of an additional 
ad valorem  duty. 
Preliminary determination and resolution in safeguard investigations  
Article 73 . In critical circumstances, in which any delay would entail injury that is hard to remedy, 
the Investigating Authority may recommend to the Minister of Economy imposition of a provisional  
safeguard measure, on the basis of a preliminary determination of the existence of clear evidence 
that increased imports have caused or threaten to cause seriou s injury . Provisional  measures may G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  not, however, be applied until a period of 60 days has elapsed since the date of initiation of 
the investigation.  
The resolution imposing a provisional  measure shall be based on all the information available to 
the Investigating Authority at that time.  
The preliminary resolution shall set out the findings and conclusions reached on all matters of fact 
and law that are considered important, which should, at a minimum, include the following:  
(a)  Names of the known exporters, foreign producers and importers of the product 
under  investigation;  
(b)  Names of the known domestic producers of the like or directly competitive product;  
(c)  Description of the product under investigation and of the like or directly competitive 
domestic product, including the tariff code with the maximum number of digits employed  in the 
Harmonized System;  
(d)  If a preliminary determination has been reached tha t there is evidence demonstrating an 
increase in the volume of imports, serious injury or the threat of such injury, and the causal 
connection between them;  
(e)  Critical circumstances in which any delay would entail injury to domestic production that 
would be hard to remedy;  
(f)  Extent and period of application of the provisional  measures to be applied and the reasons 
why these provisional  measures are necessary to prevent injury being caused during the 
investigation.  
Method of payment and duration of provisional  safeguard measures  
Article 74 . The safeguard measures may be paid by means of a cash deposit or security lodged 
with the competent authority.  
Any amount collected under a  provisional safeguard measure shall be reimbursed if the 
subsequent investig ation determines that the increase in imports has not caused or threatened to 
cause serious injury to the domestic industry.  
The provisional  safeguard measures shall be applied for a period not exceeding 200 days, and may 
be suspended before their date of expiration through the issuance of the final resolution . 
The Ministry of Finance, through the Directorate General  of Customs, shall be the a uthority 
responsible for the imposition and monitoring  of provisional  safeguard measures.  
Non-application of safeguard measures  
Article 75 . No safeguard measures shall be applied to imports of the product under investigation 
that originate in a developing country when such imports constitute no more than 3 % of the total 
imports of the product under investigation in the country.  
When imports from developing countries which individually account for less than 3 % of imports of 
the product under investigation co nstitute more than 9 % of such imports in their totality, a 
safeguard measure may be applied to them.  
Substance of the final resolution in safeguard investigations  
Article 76 . In cases deemed necessary by the Investigating Authority, the domestic industry shall 
submit a n adjustment plan to deal with the competition generated by imports, 60 days prior to 
issuance of the resolution by the Investigating Authority in an investigation for 
safeguard  measures.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Where necessary, the Investigating Authority should as sist the interested parties with the 
preparation of the adjustment plan.  
The aforementioned resolution must include at least the following:  
(a)  Names of the exporters, foreign producers and importers of the product under investigation;  
(b)  Names of the d omestic producers of the like or directly competitive product that make up 
the domestic industry;  
(c)  Description of the product under investigation, and of the like or directly competitive 
domestic product;  
(d)  Conclusions or determinations reached by t he Investigating Authority in relation to the 
product under investigation, the like domestic product or directly competitive products;  
(e)  Quantity and value of the product imported during the investigation period, by country 
of origin;  
(f)  Conclusions o r determinations on unforeseen developments and obligations entered into by 
El Salvador under the General Agreement on Tariffs and Trade (GATT) 1994 which led to increased 
imports of the product under investigation;  
(g)  Positive determination of injury an d causation, including factors examined and their 
relevance, and findings and reasoned conclusions on the issues of fact and law examined;  
(h)  Reasons for which the Investigating Authority has concluded that the application of a 
definitive safeguard measu re is in the public interest;  
(i)  Details of the adjustment plan for the domestic industry, in the event that such plan has 
been requested by the Investigating Authority;  
(j)  Form, level and duration of the proposed definitive safeguard measure and its c onsistency 
with the readjustment plan for the domestic industry;  
(k)  If a quantitative restriction has been proposed, distribution of the quota among the supplier 
countries and an explanation of the basis on which the distribution has been made;  
(l)  Timetable for the progressive liberalization  of the measure, if the proposed duration of the 
measure is more than one year;  
(m)  Developing countries exempted from the measure.  
Duration of definitive safeguard measures  
Article 77 . Any definitive safeguard measure shall apply to all imports of the product under 
investigation, regardless of their source, which have entered the country on or after the date on 
which the measure takes effect.  
A definitive safeguard measure shall be applied for a period not excee ding four years, including the 
period of application of any provisional  measure, unless the period is extended in accordance with 
Article 81 of the present Law.  
The total duration of a definitive safeguard measure, including its extension, shall not exceed  
ten years.  
The Ministry of Finance, through the Directorate General  of Customs, shall be the authority 
responsible for the imposition and monitoring of definitive safeguard measures.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Quotas applied as definitive safeguard measures  
Article 78 . When the definitive safeguard measure takes the form of a quota, it may not exceed 
50% of the average imports of the product under investigation during the three years prior to the 
application of the measure.  
If more than one country exports the product under inves tigation, the quota shall be distributed 
among the supplier countries, taking into account the percentage of imports from each country to 
the Salvadoran market during the three years prior to the application of the measure.  
Progressive liberalization of sa feguard measures  
Article 79 . A definitive safeguard measure which is to be applie d over a period longer than 
one year shall be progressively liberalized  at regular intervals during the period of application, in 
accordance with the timetable published in th e notice announcing the application of a definitive 
safeguard measure.  
Review of safeguard measures  
Article 80 . If the period of application of a definitive safeguar d measure is greater than 
three  years, the Investigating Authority shall review the situati on when half that period has 
elapsed, by reviewing the impact of the measure on the domestic industry . In the light of the 
findings of such review, the Investigating Authority shall decide to maintain or revoke the 
definitive safeguard measure or to speed up the pace of its liberalization . 
The relevant resolution shall be notified to the WTO Council for Trade in Goods, through the 
Committee on Safeguards.  
Extension of a definitive safeguard measure  
Article 81 . A definitive safeguard measure may be extended once, on the application of the 
domestic industry, submitted six months before the end of the period of its imposition . The 
application must be accompanied by relevant evidence, which shall be analysed by the Authority to 
determine whether such extension i s justified.  
The extension shall only proceed if the Investigating Authority determines that the measure is still 
necessary to prevent or remedy serious injury and that there is evidence that the domestic 
industry is in the process of readjustment.  
An exte nded definitive safeguard measure shall not be more restrictive than it was at the end of 
the initial period of its imposition . During the extension period, the measure shall be progressively 
liberalized  in accordance with the timetable published in the notice announcing  the extension of a 
definitive safeguard measure.  
New application of a safeguard measure  
Article 82 . A new safeguard measure may not be applied to the same product during a period 
equal to half of the period during which the original measure was applied . At the same time, 
however, the minimum period of such non -application shall be two years.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  TITLE VIII  
SOLE CHAPTER  
National Trade Remedy System  
Creation of the system  
Article 83 . The National  Trade Remedy System, hereinafter referred to as "the System", is hereby 
created, and shall function as a forum or observatory between the public and private sectors, 
intended to promote actions aimed at ensuring the application of trade remedies for the b enefit of 
domestic production sectors.  
System coordinator  
Article 84 . The Ministry of the Economy shall serve as coordinator of the System and shall ensure 
liaison with the different public and private entities that constitute the System.  
System committee  
Article 85 . A System C ommittee, hereinafter referred to as "the Committee ", shall be created, with 
the principal role of ensuring the functioning of the National Trade Remedy System.  
The Committee shall comprise the following:  
(a)  One regular member and that member 's alternate, proposed by the Ministry of the 
Economy, who shall be chair of the Committee;  
(b)  One regular member and that member 's alternate, proposed by the Ministry of Finance;  
(c)  One regular member and that member 's alternate, proposed b y the Ministry of Agriculture 
and Livestock;  
(d)  One regular member and that member 's alternate, proposed by the Central Reserve Bank 
of El Salvador;  
(e)  One regular member and that member 's alternate, proposed by the Exports and 
Investments Agency of El  Salvador;  
(f)  One regular member and that member 's alternate, proposed by the industrial sector;  
(g)  One regular member and that member 's alternate, proposed by the export sector;  
(h)  One regular member and that member 's alternate, proposed by the trade sector;  
(i)  One regular member and that member 's alternate, proposed by the agricultural sector.  
The members of the industrial, export, trade  and agricultural sectors shall be appointed by the 
Minister of the Economy, from lists put forward by private e ntities dealing with industrial, export, 
commercial and agricultural matters, with the status of legal entities, selected in accordance with 
its rules of procedure ; all of which shall be regulated by the provisions of the present Law.  
Committee meetings  
Article 86 . At its first working session, the Committee shall determine the elements for the 
elaboration of its operational regulations.  
For a session to be quorate, it must be attended by at least one more than half of all its members, 
including the chair or the chair 's alternate . G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Actions by the System  
Article 87 . The members of the System shall carry out all necessary actions to implement and 
promote trade remedies, including the following:  
(a)  Promoting the approval of legal instruments to strengthen trade remedies;  
(b)  Reporting any indication or evidence of which they are aware regarding the existence of an 
unfair trade practice in the market ; assisting with the collection of information and recommending 
to the competent authority that it initiate a n investigation;  
(c)  Handling cases in which Salvadoran enterprises  are being investigated for alleged unfair 
trade practices in the markets of other trading partners, and recommending appropriate legal 
actions to the competent authority;  
(d)  Continuousl y monitoring trade flows in strategic products, with a view to determining the 
possible triangulations of products, and recommending to the competent authority that it initiate 
investigations relating to origin;  
(e)  Recommending the development of early w arning mechanisms about trade regulations 
imposed by the countries of destination of Salvadoran exports;  
(f)  Checking the technical barriers reported by exporters and importers, documenting them and 
making proposals on how to eliminate them.  
Adoption of c ountermeasures  
Article 88 . The System may recommend the adoption of countermeasures, in accordance with the 
principles of international law and as a response proportional to the measure adopted by 
another  State.  
The recommendation adopted by the System sho uld be transmitted to the competent authority for 
implementation in accordance with the applicable legal procedures.  
TITLE IX  
SOLE CHAPTER  
Final Provisions and Appeals  
Budget  
Article 89 . The necessary budgetary resources shall be allocated for the actions and functions to be 
performed by the Investigating Authority and for the effective implementation of the present Law, 
in accordance with the provisions of the Constitutional Law on State Financial Management . 
The Investigating  Authority, with the support of the authority responsible for managing 
international financing, may arrange technical or financial assistance to governments and 
international organizations which specialize in trade remedy actions.  
Provision of information  
Article 90 . Public institutions dealing with statistics, data on imports or exports, or other relevant 
trade information, must supply such information when so requested by the Investigating Authority, 
to support the investigations under way.  
The Investigat ing Authority shall guarantee compliance with the confidentiality rules in the 
handling of such information.  G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Technical assistance  
Article 91 . The Ministry of the Economy, through the Directorate for the Management of Trade 
Agreements, shall provide technic al assistance to any enterprise  that so requests, in particular to 
micro, small and medium -sized enterprises, with a view to explaining to them the use of the 
instruments regulated by the present Law.  
The aforementioned Directorate shall prepare procedural  manuals or guides that these enterprises  
must follow in preparing applications for the initiation of actions in defence of their interests as 
part of the investigations regulated by the present Law.  
These procedural manuals or guides must be issued by exe cutive agreement and published in the 
Official Gazette.  
Setting of deadlines  
Article 92 . The deadlines established in the present Law must be worked out in calendar days . If 
the last day of the period is a non-working day, the period shall be extended to the next 
working  day. 
Appeals  
Article 93 . In investigations relating to unfair trade practices and safeguard measures, appeals 
may only be made for the reconsideration of final decisions . Any alleged procedural irregularities 
may also be challenged in the same appeal.  
The appeal must be lodged in writing and duly substantiated, with the Minister of the Economy, 
within a period of 15 days, counting from the day following the respective notification . If, upon 
expiry of this period, no appeal has been lodged, the resolution mandating the act in question shall 
be final.  
The Minister shall have a period of 30 days to rule on such appeals.  
If the appeal is not lodged in a timely manner, it shall be declared inadmissible by duly 
substantiated  resolution, against wh ich there shall be no appeal.  
Supplementary application  
Article 94 . Any matters not regulated by the present Law shall be governed by the provisions of 
the 1994 General Agreement on Tariffs and Trade, the Agreement on Implementation of Article VI 
of the Ge neral Agreement on Tariffs and Trade (GATT) 1994, the Agreement on Subsidies and 
Countervailing Measures and the Agreement on Safeguards of the WTO, the Central American 
Regulations on Safeguard Measures, and the Central American Regulations on Unfair Trad e 
Practices . As appropriate, the other commitments relating to this matter entered into by Member 
States within the framework of the WTO  shall also apply . 
When a trade agreement in force in El Salvador includes specific provisions on trade remedy 
measures,  the measures established in the present Law shall be applied in accordance with the 
provisions of such agreement.  
Similarly, matters not covered by the present Law and the aforementioned trade agreements shall 
be subject to the provisions of common law, p rovided that these are not contrary to the principles 
and provisions of the present Law.  
Regulations  
 
Article 95 . The President of the Republic shall issue the regulations necessary for the application of 
the present Law, within a period of 90 days of its entry into force.  
 G/ADP/N/1/SLV/3/Suppl.1 • G/SCM/N/1/SLV /3/Suppl.1 • G/SG/N/1/SLV/3/Suppl.1  
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  Special nature of the Law  
 
Article 96 . The provisions of the present Law shall, by virtue of their special nature, prevail over 
any other, of a general or special nature, that regulate the same matter.  
 
Validity  
 
Article  97. The present decree shall enter into force 30 days after its publication in the 
Official  Gazette.  
__________