. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/ARG/24 
G/SCM/Q1/ARG/24 19 June 2009 
 
 
(09-3005) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to the Questions Posed by TURKEY
1 
Regarding the Notification of ARGENTINA2 
 
  The following communication, dated 15 June 2009,  is being circulated at the request of the 
delegation of Argentina.  
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Question 1
 
 
In Article 12 of the Decree, it is stated that " the decision to initiate an investigation shall 
include information pertaining to the following :  (j) the date of initiation of the investigation ".  
Yet, pursuant to Article 66 of the Decree, any d ecision to initiate an investigation shall be 
transmitted by the Ministry of the Economy and Production, after its adoption, to the National Directorate of Official Records for publication in  the Official Journal.  Turkey would like to 
know how the date of initiation mentioned in the decision is determined.  Could this initiation 
date be before the publication of the decision in the Official Journal, after publication or on the 
date of publication? 
 
Reply
 
 
 The initiation date is established in the corr esponding decision to initiate the investigation. 
 
Question 2  
 
 In Article 32 of the Decree, it is stated that " the investigation shall be completed within 
10 months of the date of its initiation.  In exceptio nal circumstances, the Secr etariat may extend the 
investigation period in accordance with Artic le 5.10 of the Anti-Dumping Agreement and 
Article 11.11 of the Agreement on Subsidies ".  Could Argentina clarify the period of extension?  
Pursuant to the Decree, is it possible to exte nd the investigation to 18 months or 16 months? 
 
Reply  
 
An investigation is required to be completed w ithin ten months of its initiation;  however, as 
established in Article 29 of the said Decree, this pe riod may be extended on an exceptional basis to a 
maximum of 18 months, in accordance with Arti cle 5.10 of the Anti-Dumping Agreement and 
Article 11.11 of the Agreement on Subsidies and Countervailing Measures. 
                                                      
1 G/ADP/Q1/ARG/21-G/SCM/Q1/ARG/21. 
2 G/ADP/N/1/ARG/1/Suppl.9- G/SCM/N/1/ARG/1/Suppl.8. G/ADP/Q1/ARG/24 
G/SCM/Q1/ARG/24 Page 2 
 
 
  Question 3
 
 
In Article 27 of the Decree, it is stated that " the decision to impose provisional measure 
shall include the following:  (h) the period of validity ".  Could Argentina clarify how the period of 
validity is determined?  What is the minimum and maximum period of duration for provisional 
measures? 
 
Reply  
 
The period of validity for provisional measures is established in the Anti-Dumping 
Agreement, as incorporated into Argentine legisl ation pursuant to Law No. 24.425.  This period is 
therefore as provided for in Article 7.4:  " The application of provisional measures shall be limited to 
as short a period as possible, not exceeding four months  or, on decision of the authorities concerned, 
upon request by exporters representing a significant p ercentage of the trade involved, to a period not 
exceeding six months.  When authorities, in the co urse of an investigation, examine whether a duty 
lower than the margin of dumping would be sufficie nt to remove injury, these periods may be six and 
nine months , respectively " (emphasis added). 
 
Question 4  
 
As far as Turkey understands, the Decree does not provide any detailed provisions for 
the determination of dumping or the determinat ion of subsidy and injury.  Could Argentina 
clarify which laws, rules and regulations, if any,  are applied for the determination of dumping, 
subsidy and injury. 
 Reply
 
 
The laws, decrees and resolutions applied by Argentina are Law No. 24.425, which 
incorporates the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Uruguay Round) into Argentine legislation;  the Decree regulating Law  No. 1393/2008;  
Decree No. 1219/2006;  the Law on Administrative Procedures No. 19.549;  and 
Resolution No. 293/2008 of the Secretariat of Industry, Trade and Small and Medium-Sized 
Enterprises.  
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