WORLD TRADE  
ORGANIZATION  G/ADP/N/1/ARG/1/Suppl.9 
G/SCM/N/1/ARG/1/Suppl.8 22 September 2008 
 
(08-4428) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 18.5 OF THE AGREEMENT 
 
ARGENTINA 
 
Supplement  
   The following communication, dated 15 September 2008, is being circulated at the request of 
the delegation of Argentina. 
 
___________ 
  
FOREIGN TRADE 
 
Decree 1393/2008 
 
Rules and regulations for the effectiv e implementation of Law No. 24.425 
 Bs. As., 2/9/2008 
 HAVING REGARD to File No. S01:0184454/2007 of the Registry of the MINISTRY OF THE ECONOMY AND PRODUCTION, Law No. 24.425, and Decrees No. 1326 of 10 November 1998 and No. 1088 of 28 August 2001, and  
WHEREAS: 
 The Final Act Embodying the Results of the Urugua y Round of Multilateral Trade Negotiations, the 
Ministerial Decisions, Declarations and Understa ndings and the Marrakesh Agreement Establishing 
the WORLD TRADE ORGANIZATION (WTO) were approved by Law No. 24.425; 
 
Annex 1A of the above-mentioned Marrakesh Agreement Establishing the World Trade Organization, 
approved by Law No. 24.425, contains the Agreemen t on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 and the Agreem ent on Subsidies and Countervailing Measures; 
 
Decree No. 1326 of 10 November 1998 established and put into effect rules and regulations for the 
effective implementation of Law No. 24.425;  Decree No. 1219 of 12 September 2006 established the obj ective criteria to be applied to imports from 
non-market economy countries or countries in tran sition to a market economy, for the purpose of 
determining price comparability under the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994, approved by Law No. 24.425; 
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  Proceedings in respect of unfair trade practices  conducted in accordance with current regulations 
should be speeded up;  Accordingly, the date of entry into force of this regulation should be established; 
 
The Directorate-General of Legal Affairs of the MINISTRY OF THE ECONOMY AND PRODUCTION has taken appropriate action within its sphere of competence;  This Act is issued by virtue of the provisions  of Article 99, paragraph 2, of the NATIONAL 
CONSTITUTION; 
 Wherefore,  THE PRESIDENT OF THE ARGENTINE NATION 
 
DECREES:  
TITLE I – DEFINITIONS 
 Article 1  – The implementing authorities for this Decree shall be the following: 
 
 (a) The MINISTRY OF THE ECONOMY AND PRODUCTION, which shall issue 
decisions establishing anti-dumping or count ervailing duties, whether provisional or 
definitive, and decisions initiating anti-dum ping or countervailing duty reviews, and 
shall also carry out the other functions assigned to it by this Decree; 
 
 (b) the SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND 
MEDIUM-SIZED ENTERPRISES of the MINISTRY OF THE ECONOMY AND PRODUCTION, which shall have the functions assigned to it by this Decree; 
  (c) the UNDERSECRETARIAT FOR TRADE POLICY AND MANAGEMENT, 
attached to the SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND 
MEDIUM-SIZED ENTERPRISES, which sha ll be responsible for directing the 
procedure, determining the existence of  dumping or subsidization, and other 
functions assigned to it by this Decree;  and 
 
 (d) the NATIONAL FOREIGN TRADE COMMI SSION, a decentralized body under the 
SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND MEDIUM-SIZED ENTERPRISES, which shall be responsible for determining the existence of a like 
domestic product, the representativeness of th e applicant, injury to the domestic 
industry and a causal link, and other functions  assigned to it by this Decree and by 
Decree No. 766 of 12 May 1994. 
 
Article 2  – For the purposes of this Decree, the following meanings shall apply: 
  (a) "Anti-Dumping Agreement":  the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994, approved by Law No. 24.425; 
 
 (b) "Agreement on Subsidies":  the Agreement on Subsidies and Countervailing 
Measures, approved by Law No. 24.425; 
 
(c) "the Ministry":  the MINISTRY OF THE ECONOMY AND PRODUCTION;  G/ADP/N/1/ARG/1/Suppl.9 
 G/SCM/N/1/ARG/1/Suppl.8  Page 3 
 
 
   
 (d) "the Secretariat":  the SECRETA RIAT OF INDUSTRY, TRADE AND SMALL 
AND MEDIUM-SIZED ENTERPRISES; 
 
 (e)  "the Undersecretariat":  the UNDERSECRETARIAT FOR TRADE POLICY AND 
MANAGEMENT;  and 
  (f) "the Commission":  the NATIONAL FOREIGN TRADE COMMISSION.  
TITLE II – INVESTIGATION 
 
CHAPTER I – APPLICATION FOR INITIATION OF THE INVESTIGATION 
 Article 3  – Prior to the submission of the application, the Commission and the Undersecretariat shall 
provide, at the request of the interested parties, and within the limits of their respective areas of 
responsibility, a specialized information ser vice, the functions of which shall be: 
  (a) To cooperate in the search for the in formation required for determination of the 
formal criteria provided for by law for th e initiation of an investigation, and to 
provide guidance to the interested parties in completing the forms to be submitted; 
 
 (b) to facilitate the access of enterprises to such data on the domestic market of the 
country of origin or the exporting country as are required for the determination of normal value by the economic and comme rcial sections of the MINISTRY OF 
FOREIGN AFFAIRS, INTERNATIONAL TRADE AND WORSHIP. 
 
The Secretariat shall establish the necessary pro cedures to implement a consultation system and 
safeguard the confidentiality of the information contained therein.  Article 4  – The application for initiation of a dumping or subsidy investigation shall be submitted in 
writing in the original and ONE (1) copy, each with the corresponding back-up magnetic medium, by 
the domestic industry which considers itself to be aff ected by the alleged dumping or subsidization, or 
any representative thereof, to the Incoming Comm unications and Notifications Department for 
Industry, Trade and Small and Medium-Sized Enterprises of the Directorate of Incoming Communications and Notifications of the Directorate-General of Dispatch and Incoming Communications, attached to the UNDER SECRETARIAT FOR ASSET MANAGEMENT AND 
STANDARDIZATION of the LEGAL AND ADMINISTRATIVE SECRETARIAT of the 
MINISTRY OF THE ECONOMY AND PRODUCTION, which shall transmit the original version of the submission and ONE (1) diskette to the Under secretariat, and the certified copy with its back-up 
magnetic medium to the Commission,  within TWO (2) working days. 
 The application shall be submitted in accordance w ith the guidelines, requirements and formalities to 
be established for that purpose by the Secretaria t pursuant to Article 5.2 of the Anti-Dumping 
Agreement and Article 11.2 of the Agreement on S ubsidies, and shall include evidence which can 
reasonably be expected to be available of the following:   (a) Dumping or subsidization; 
 
 (b) injury;  and   (c) a causal link between the two.  G/ADP/N/1/ARG/1/Suppl.9 
G/SCM/N/1/ARG/1/Suppl.8 Page 4 
 
 
  The applicant shall likewise produce reliable evidence of the representa tiveness to which it lays claim, 
in accordance with Article 5.4 of the Anti-Dumpi ng Agreement and Article 11.4 of the Agreement on 
Subsidies, supported, where possible, by certifi cation from the corresponding association, chamber, 
federation or business entity representing it, of its pe rcentage share of the domestic industry to which 
it belongs. 
 Applications submitted on behalf  of the domestic industry may be drawn up by chambers or 
associations of producers representing the sector of the domestic industry which considers itself to be affected by the alleged dumping or subsidization. 
 
Article 5  – When submitting its application, the appli cant may request that the information provided 
be treated confidentially.  The Undersecretariat a nd the Commission shall rule within the limits of 
their respective areas of responsibility and within a maximum of FIVE (5) days from the time when 
all the requirements for a thorough analysis of the request have been met.  During this period, the 
information in question shall be treated c onfidentially, as described in this Decree. 
 The above-mentioned requirements shall include th e following: the application shall be clearly 
marked with the heading CONFID ENTIAL in the top right-hand co rner of each page; adequate 
grounds shall be given for the request; and satisf actory non-confidential summaries of the information 
for which confidentiality is being requested, or an  explanation of the reasons which preclude the 
presentation of such summaries, shall be provided. 
 When no satisfactory summary is provided or no co nvincing cause shown for the inability to provide 
such a summary, the information in  question shall be disregarded and placed at the disposal of the 
interested party. 
 
Article 6  – Together with the submission referred to in Article 4 of this Decree, the interested parties 
shall complete the forms prepared by the Secretariat for that purpose.  These shall be reviewed by the 
Undersecretariat and/or the Commission, within the limits of their respective areas of responsibility, 
so as to determine whether they contain any errors or omissions.  If so, the Undersecretariat and the 
Commission shall inform the applicant, within FIVE (5) days, of any deficienci es in the application so 
that they may be remedied. 
 If no errors or omissions are found in the application, or if such as are found are remedied, the Commission shall communicate these details to the Undersecretariat within TEN (10) days.  In its communication, the Commission shall give its opinion on the existence of ONE (1) like domestic 
product and the respresentativeness of the a pplicant under Article 4 of this Decree. 
 The Undersecretariat shall notify the applican t and the Commission of its acceptance of the 
application within TWO (2) working days.  If the Commission determines that the conditions set forth 
in the above paragraph have not been met, the Unde rsecretariat, after so informing the applicant and 
the Commission, shall reject the application and sh elve the file, and explain the factual and legal 
reasons for this decision. 
 Article 7  – The Undersecretariat shall examine the eviden ce provided in the application in respect of 
dumping or subsidization, in orde r to determine whether there is sufficient evidence to justify the 
initiation of an investigation, and shall inform the Commission of its findings within TEN (10) days of 
having notified acceptance of the application. 
 Article 8  – The Commission, within a period of TEN (10) days from the date of receipt of the report 
referred to in Article 7 of this Decree, shall ex amine the evidence set forth in the application and  G/ADP/N/1/ARG/1/Suppl.9 
 G/SCM/N/1/ARG/1/Suppl.8  Page 5 
 
 
  submit its findings to the Secretariat, while providing  a copy of the report to the Undersecretariat, in 
respect of:   (a) Injury to the domestic industry;  and 
 
 (b) the causal link between dumping or subsid ization and injury to the domestic industry. 
 Article 9  – The Undersecretariat, once it has received the report referred to in Article 8 of this Decree, 
and within a period of THREE (3) working days, sh all submit to the Secretariat its recommendation 
regarding the decision to be taken on initiation of the investigation. 
 Article 10  – On the basis of the recommendation referred to  in Article 9 of this Decree, and within a 
period of FIVE (5) days, the Secretariat shall de cide whether it is appropriate to initiate an 
investigation. 
 
In the event of deciding that an investigation woul d not be appropriate, the Secretariat shall notify the 
applicant(s) of this decision and of the factual and legal basis for it.  Article 11  – In the case of an application for a subsid y investigation, following receipt of a duly 
documented application and before pr oceeding to initiate the investig ation, the Undersecretariat shall 
notify the government of the country of origin or th e exporting country concerned and invite it to hold 
consultations with a view to clarifying the situa tion and arriving at a mutually agreed solution, as 
provided in Article 13.1 of the Agreement on Subsidies.  Article 12  – The decision to initiate an investigation shall include information pertaining to the 
following: 
  (a) The proper identification of the product under investigation;   (b) the origin(s) of the product;  
 (c) the period investigated pursuant to Article 15 below; 
  (d) the basis of the allegation of dumping set out in the application or a description of the 
subsidization practice to be investigated; 
 
 (e) a summary of the factors on which the allegation of injury is based; 
  (f) the causal link;   (g) where appropriate, identification of the third market economy country considered at 
the stage prior to the initiation of the investigation and the communication to the 
parties concerned so that, within a period of TEN (10) working days, they may make 
any comments they deem relevant concerni ng the selection of the third country in 
question; 
  (h) the departments to which such submissions should be sent; 
 
 (i) the corresponding instructions to the Dir ectorate-General of Cust oms attached to the 
FEDERAL PUBLIC REVENUE ADMINISTRATION, an autonomous body within the MINISTRY OF THE ECONOMY AND PRODUCTION;  and 
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   (j) the date of initiation of the investigation. 
 Article 13  – The Undersecretariat shall, as early as po ssible, notify the decision to initiate an 
investigation to the representative of the government (s) of the exporting country(ies) concerned, the 
applicant, and other parties whose interest is known from the background information in the files, 
including producers, exporters and importe rs of the product under investigation. 
 Article 14  – The Secretariat may initiate the investigati on ex officio when it has sufficient evidence, 
pursuant to the provisions of the Anti-Dumping Ag reement or the Agreement on Subsidies and those 
of this Decree, as to the existence of dumping or subsidization, injury and a causal link between the 
two.  Prior to such a decision, it shall ask the Unde rsecretariat and the Commission to issue the reports 
referred to in Articles 7 and 8 of this Decree.  
CHAPTER II – CONDUCT OF THE INVESTIGATION 
 
Article 15  – The period for compiling data for the dete rmination of dumping or  subsidization shall 
normally correspond to the TWELVE (12) months precedi ng the initiation of the investigation.  In the 
event of a shorter period of time being considered  appropriate for the analysis, the above-mentioned 
period may be reduced to a minimum of SIX (6) months.  The period for compiling data for the determination of injury shall norma lly be THREE (3) full years plus all months of the current year 
preceding the month in which the investigation is initiated.  All of the above shall be without 
prejudice to the possibility for the Undersecretaria t and/or the Commission to request information 
relating to a longer or shorter period of time.  Article 16  – Once the decision has been made to initiate an investigation, the Undersecretariat and the 
Commission shall send questionnaires to producers, exporters and importers  within a period of 
TEN (10) days.  The completed questionnaires, together with s upporting documentation and any other evidence to be 
used, shall be returned to the Undersecretariat  and/or Commission, as appropriate, by the party 
concerned, within THIRTY (30) days of their r eceipt.  Questionnaires shall also be accompanied by 
the respective back-up magnetic medium. 
 Where there is no reliable record of the date of receipt of the questionnaires sent to exporters, they 
shall be considered to have been received one week  after the date on which they were dispatched to 
the respondent or transmitted to the competent dipl omatic representative of the exporting country or, 
in the case of a separate customs territory, to an o fficial representative of the exporting territory. 
 The documentation in question shall be drafted in Spanish or, where appropriate, accompanied by the 
necessary translation by a certified public translator.  It shall also be accompanied by the relevant 
official attestations, in accordance with Article 28 of the Regulation on Administrative Procedures, 
Decree No. 1759/72 T.O. 1991. 
 
When submitting the information, the interested pa rties may request confidential treatment, in which 
case they shall abide by the conditions set forth in Article 5 of this Decree.  At the request of a party, the Undersecretariat and/or the Commission may grant extensions of the 
time-limit for the presentation of the questionnaires and other information, provided that the applicant 
party adequately substantiates the specific circum stances constituting grounds fo r the extension.  On 
no account, however, shall the Undersecretariat a nd/or the Commission grant extensions beyond the 
time-frames provided for in the first para graph of Article 18 of this Decree. 
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 G/SCM/N/1/ARG/1/Suppl.8  Page 7 
 
 
  In cases where any interested pa rty refuses access to, or otherwise does not provide the necessary 
information within the time-limits established in this Decree, or significantly impedes the 
investigation, the Undersecretariat and the Commi ssion shall make their respective preliminary and 
final determinations on the basis of the facts available, as provided for in Annex II of the 
Anti-Dumping Agreement. 
 Article 17  – Upon receipt of the questionnaires, the Undersecretariat and the Commission shall 
review them and, where required, within a peri od of SEVEN (7) days, request that any necessary 
clarification be provided within a maximum period of TEN (10) days. 
 
Such clarifications and/or corrections which have not been submitted within the established 
time-frame may be considered, where appropriate , following the preliminary determination. 
 Article 18  – The parties may provide evidence up to a maximum of TEN (10) working days following 
the notification of the determinations made in accord ance with Articles 21, 22 or 23 of this Decree, as 
applicable.  The Undersecretariat and the Commission, within th e limits of their respective areas of responsibility, 
shall examine the evidence provided by the parties an d, within TEN (10) working days of the expiry 
of the time limit established in th e paragraph above, shall notify the in terested parties of the evidence 
to be considered and substa ntiate the decision taken. 
 The interested parties may produce the eviden ce accepted by the Undersecretariat and/or the 
Commission in relation to the investigation up to EIGHTY (80) days prior to the final determination 
of dumping or subsidization by the Undersecretar iat and the final determination of injury and 
causality by the Commission. 
 Once the period for the presentation of evidence has been officially  concluded and before a final 
determination is made, the Unders ecretariat and the Commission shall provide notification of the 
essential facts under consideration which form the basis for the decision on whether to apply definitive measures.  These facts shall be made av ailable to the interested parties for a period of 
TEN (10) working days so that they may present th eir arguments.  Any arguments presented after this 
period shall not be taken into consideration.  Once the time limit for presenting arguments has expi red, the preliminary investigation shall be 
concluded. 
 
Article 19  – The Undersecretariat and the Commission may,  within the limits of their respective areas 
of responsibility and once a decision has been taken to  initiate the investigation, carry out on-the-spot 
investigations in the country or abroad in order to  verify the information provided by a party or obtain 
further details.  
The Undersecretariat and the Commission, for the purposes of on-the-spot investigations, shall give 
notice of no less than TEN (10) days to the part y concerned and, where appropriate, the government 
of the foreign country, indicating the general nature  of the information to be verified and whether 
additional information will need to be provided.  Further details may, however, be requested during 
the verification process and in the lig ht of the information obtained. 
 
The interested parties shall have a period of FIVE (5) days in which to give their consent.  In the event 
that the information provided by the producers/export ers of the product under investigation is verified, 
the Undersecretariat shall notify the authorities of  the exporting Member of the names and addresses 
of the firms to be visited and the dates agreed. G/ADP/N/1/ARG/1/Suppl.9 
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If the interested parties or the government of th e foreign country do not agree to the on-the-spot 
investigation, or if they do not cooperate with th e investigation, the Undersecretariat and/or the 
Commission shall use the best information availa ble in order to complete the investigation. 
 
Once the on-the-spot investigation has been concluded,  an official record of the action taken shall be 
drawn up and included in the files.  The record sha ll be signed by the party under investigation or its 
legal representative and the official(s) who carried out  the investigation, and a copy shall be provided, 
upon request, to the party concerned.  This copy sh all be made available to the interested parties 
which shall have TEN (10) days to present an y additional information which may have been 
requested.  If the party under investigation claims that specific in formation is of a confidential nature, the official 
in charge of the procedure shall take a decision on confidential treatment on an "ad referendum" basis 
with respect to the declaration to be made  subsequently by the competent authority. 
 Article 20  – During the investigation the Undersecretariat and/or the Commission may, where 
appropriate, hold meetings with the interested partie s in order to obtain additional information and/or 
resolve any disputed aspects.  
CHAPTER III – PRELIMINARY DETERMINATIONS 
 Article 21  – The Undersecretariat has up to ONE HUN DRED (100) days from the initiation of the 
investigation to make a preliminary determinati on of dumping or subsidization on the basis of the 
evidence available at that stage.  If the determination is affirmative, it shall submit a copy of its report 
to the Commission within the above time-frame. 
 Article 22  – The Commission, within a maximum of ONE HUNDRED AND TEN (110) days of 
deciding to initiate the investigation, shall make a pr eliminary determination of injury to the domestic 
industry on the basis of the evidence available at  that stage and prepare a report on the causal link 
between such injury and the dumping or subsidizati on.  It shall present its findings to the Secretariat 
and submit a copy of the above-mentioned report to the Undersecretariat.  Where appropriate, it shall 
propose the appropriate provisional measures to allevi ate the injury, stating the methodology used for 
their calculation.  Article 23  – The Undersecretariat and/or the Commissi on may continue with the investigation until 
its final stage without applying provisional measures if, at the end of the time-limits set forth in 
Articles 21 and 22 of this Decree, they do not have any elements that would allow them to make an 
affirmative decision within the limits of their respec tive areas of responsibility or to determine that the 
investigation should be closed.  Article 24  – In order to enable the interested part ies to submit their evidence in accordance with 
Article 18 of this Decree and within the time-frame established therein, the Undersecretariat and the 
Commission shall notify the parties of the determinat ions and decisions adopted within the framework 
of Articles 21, 22 and 23 of this Decree.  Article 25  – Within a period of FIVE (5) days from the receipt of the report referred to in Article 22 
of this Decree, the Undersecretariat shall submit to the Secretariat its recommendation on whether or 
not to apply provisional duties, taking into consider ation all other circumstances pertaining to general 
foreign trade policy and the public interest.   G/ADP/N/1/ARG/1/Suppl.9 
 G/SCM/N/1/ARG/1/Suppl.8  Page 9 
 
 
  The Secretariat, in the event of proceeding with th e matter, shall, within a period of TEN (10) days, 
present its recommendation to the Ministry, which sh all decide, within TWENTY (20) days, whether 
it is appropriate to adopt provisional measures.  
Article 26  – The Secretariat shall terminate the investigati on, at any stage thereof, if it is informed by 
the Undersecretariat or the Commission that any of the criteria set forth in Article 5.8 of the 
Anti-Dumping Agreement and Article 11.9 of the Agreement on Subsidies have been verified. 
 Article 27  – The decision to impose provisional measures shall include the following: 
 
 (a) The names of the producers/exporters or , if this is impracticable, of the supplier 
countries concerned; 
  (b) a product description for customs purposes; 
 
 (c) the established margins of dumping or the established amount of the subsidy;   (d) considerations relating to the determinati on of the existence of injury and causal link; 
  (e) the main grounds on which the preliminary determination is based; 
 
 (f) the method of quantifying the provisional measures;   (g) the relevant instructions to the Directorate-General of Customs;  and 
 
 (h) the period of validity. 
 Article 28  – The Undersecretariat shall inform all inter ested parties of the adoption of provisional 
measures within a maximum of FIVE (5) days of th e publication of the administrative decision in the 
Official Journal.  
CHAPTER IV – FINAL DETERMINATIONS 
 Article 29  – The Undersecretariat, within TWO HUNDRED AND TWENTY (220) days of the 
initiation of the investigation, shall make a fina l determination of dumpi ng or subsidization and 
communicate its findings to the Commission. 
 
When, for reasons of technical complexity, it is  necessary to extend the period mentioned in the 
preceding paragraph, the Secretariat may authori ze such an extension on an exceptional basis. 
 If the final determination of the Undersecretariat is negative, the Secretariat may decide to close the 
investigation. 
 
Article 30  – The Commission, within TWO HUNDRED AND FIFTY (250) days of the initiation of 
the investigation, shall make its final determinati on of injury to the domestic industry and of a causal 
link between such injury and the dumping or subsidiza tion, present its findings to the Secretariat, and 
submit a copy of its report to the Undersecretari at.  Likewise, where appropriate, it shall propose 
suitable final measures to alleviate the injury, st ating the methodology used for their calculation. 
 When, for reasons of technical complexity, it is  necessary to extend the period mentioned in the 
preceding paragraph, the Secretariat may authori ze such an extension on an exceptional basis. 
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  In the event of a negative determination by the Commission, the Undersecretariat, upon receipt of 
notification thereof, shall refer the proceedings to the Secretariat for the latter to declare the 
investigation terminated.  
The Undersecretariat, upon receipt of the Commission report and within a period of TEN (10) days, 
shall submit to the Secretariat a report recommending whether or not definitive anti-dumping or countervailing duties should be app lied, taking into account the other circumstances pertaining to 
general foreign trade policy and the public interest.  
The Secretariat, within a period of TEN (10) days, shall reach a conclusion as to whether it is 
appropriate to apply a definitive measure and refer th e matter to the Ministry for its consideration.  
The Ministry shall have TWENTY (20) days to reach a decision as to whether or not to apply 
definitive anti-dumping or countervailing duties.  
Article 31  – Decisions imposing final measures shall cont ain all relevant information on the issues of 
fact and law and the reasons which have led to the imposition of such measures, in accordance with 
the guidelines set forth in Article 27 of this Decree .  Furthermore, they sh all indicate the time-frame 
within which the Undersecretariat and the Commissi on are to publish their respective public reports 
on the Secretariat web site.  
Article 32  – The Undersecretariat shall inform the parties concerned whether or not final measures 
are to be applied within FIVE (5) days of the public ation of the administrative decision in the Official 
Journal.  The investigation shall be completed within TEN ( 10) months of the date of its initiation.  In 
exceptional circumstances, the Secretariat may ex tend the investigation period in accordance with 
Article 5.10 of the Anti-Dumping Agreement and Article 11.11 of the Agreement on Subsidies. 
 
CHAPTER V – UNDERTAKINGS 
 Article 33  – Investigations may be suspended or termin ated without the imposition of measures, if 
voluntary undertakings by exporters or by the government of the exporting country under 
investigation, offered in accordance with Articles 8.4 of the Anti-Dumping Agreement and 18.1 of the 
Agreement on Subsidies, are accepted.  Article 34  – Once an affirmative preliminary determina tion of dumping or subsidization, injury and 
causal link has been made, the undertaking shall be o ffered to the Undersecretariat which shall submit 
a copy thereof to the Commission within TWO (2) working days.  The Undersecretariat and the Commission may request , if need be, any necessary clarification within 
FIVE (5) days of the receipt of the undertaking.  This shall be provided within TEN (10) days.  
The Undersecretariat and the Commission shall have THIRTY (30) days from the expiry of the period 
referred to in the preceding paragraph to produce their respective reports.  The Undersecretariat, upon receipt of the Commission report and within FIVE (5) working days, shall 
present its report on the undertaking to the Secret ariat, taking into consideration the other 
circumstances pertaining to general forei gn trade policy and the public interest. 
 The Secretariat shall make its recommendation on whether or not the undertaking should be accepted within TEN (10) days of the receipt of the above -mentioned report and transmit its findings to the 
Ministry, so that the latter may reach a decision within FIFTEEN (15) days.  G/ADP/N/1/ARG/1/Suppl.9 
 G/SCM/N/1/ARG/1/Suppl.8  Page 11 
 
 
   
Article 35  – The decision to suspend or conclude an investigation on account of the acceptance of an 
undertaking shall include all relevant information c oncerning matters of fact and law and the reasons 
which led to such acceptance. 
 
Article 36  – The Undersecretariat shall notify the party offering the undertaking of the decision to 
accept it within FIVE (5) days of its publication in the Official Journal.  Article 37  – In the event that the Secretariat deci des that it is not appropriate to accept the 
undertaking, it shall inform the party that offered th e undertaking of its decision and of the factual and 
legal basis for it.  Article 38  – Undertakings may be suggested by the Secretariat, at the proposal of the Undersecretariat 
or Commission, but no exporter shall be forced to enter into them. 
 
Article 39  – The Undersecretariat shall monitor complian ce with the price undertakings accepted.  In 
this connection, exporters may be requested to submit information relating to compliance at the 
intervals set forth in the acceptance decision. 
 Article 40  – In the event of the violation of an unde rtaking, the Ministry shall decide on the 
immediate application of provisional measures using th e best information available.  In such cases, 
definitive duties may be levied on pr oducts entered for cons umption not more than 90 days before the 
application of such provisional measures, except that  any such retroactive assessment shall not apply 
to imports entered before the violation of the undertaking.  
CHAPTER VI – RETROACTIVITY 
 Article 41  – Provisional and final measures shall only be applied after the decision taken pursuant to 
this Decree enters into force, subject to the exceptions set out in this Article. 
 When provisional measures have been applied and the Commission has reached a final affirmative 
determination of injury and causality and the Undersecretariat has done likewise for dumping or 
subsidization, the latter shall deci de what proportion of the provisi onal duty is to be definitively 
collected.  This decision shall not apply when the Commission has made a final determination of threat of injury 
and causality, except where it is found that the threat  of injury would, in the absence of provisional 
measures, have developed into injury.  In all other cases in which the Commission has made a final determination on the threat of injury and 
causality, the security posted shall be released a nd final measures imposed only as of the date on 
which the determination is made. 
 
Article 42  – If the final measure is higher than the provisional one, the difference shall not be 
collected.  If the final measure is lower than the pr ovisional one, the difference shall be reimbursed or 
the duty recalculated.  When a final determination is negative, the provisional measure shall not be 
confirmed. 
 G/ADP/N/1/ARG/1/Suppl.9 
G/SCM/N/1/ARG/1/Suppl.8 Page 12 
 
 
  Article 43  – A definitive duty may be levied on produc ts which were entered for consumption not 
more than NINETY (90) days prior to the date  of application of provisional measures, when: 
  (a) The Undersecretariat determines that there is a history of dumping or subsidization or 
that the importer was, or should have been , aware that the exporter practises dumping 
or subsidization;  and 
  (b) the Commission determines that the dump ing or subsidization would cause injury and 
that, in addition to the level of imports which caused injury during the investigation 
period, there is a further substantial rise in  imports in a relatively short time which, in 
the light of the timing, volume and other circumstances, such as a rapid build-up of inventories of the imported product, is likel y to undermine the remedial effect of the 
measure to be applied, provided that the im porters have been given an opportunity to 
comment. 
 
These determinations shall be made together with th e final determinations, as stipulated in Chapter IV 
of Title II of this Decree.  Where appropriate, the report by the Undersecretariat recommending whether final measures should be applied shall also include a recommendation as to whether duties be applied retroactively. 
 
The Secretariat shall reach a conclusion on whether th e retroactive application of a final measure is 
appropriate, referring the matter for consideration to  the Ministry, which shall reach a conclusion in 
this respect and shall, in consequence, issue a decision establishing or rejecting the retroactive 
application of anti-dumping or countervailing duties. 
 
CHAPTER VII – COLLECTION OF DUTIES 
 Article 44  – For the purposes of this Chapter, the terms "anti-dumping duty"  and "countervailing 
duty" shall signify an amount in legal tender equa l to or less than the margin of dumping or the 
amount of the subsidy calculated, estimated and applied for the pur pose of offsetting the injurious 
effects of the calculated dumping or subsidization. 
 Article 45  – The anti-dumping or countervailing duty, whether provisional or definitive, may be 
ad valorem  or specific.  The implementing authority ma y, for purposes of determining the appropriate 
anti-dumping or countervailing duty, establish minimum f.o.b. export values. 
 
Article 46  – The amount of the anti-dumping or counterva iling duty shall be established prospectively 
and shall not exceed the margin of dumping or the amount of the subsidy, as the case may be, 
determined as a result of an investigation.  Article 47  – The DIRECTORATE-GENERAL OF CUSTOMS shall, upon publication of the 
respective adopted decision in the Official Journal, issue the necessary instructions for the collection 
of the corresponding anti-dumping or countervailing duty, in conformity with the decision taken in each case by the implementing authority.  Article 48  – The DIRECTORATE-GENERAL OF CUSTOMS shall, on a monthly basis, inform the 
Undersecretariat and the Commission of the volume and values of imports subject to anti-dumping 
and countervailing duties, broken down by origin an d the amounts of the duties collected, as well as 
the names of the importers and exporters.   G/ADP/N/1/ARG/1/Suppl.9 
 G/SCM/N/1/ARG/1/Suppl.8  Page 13 
 
 
  Article 49  – In the cases and circumstances provided for in Article 9.5 of the Anti-Dumping 
Agreement and Article 19.3 in fine of the Agreem ent on Subsidies, any exporter or producer in the 
exporting country which has not exported during th e period of investigation may request the 
determination of an individual margin of dumping or the establishment of an individual countervailing 
duty, as appropriate, presenting the necessary informati on for that purpose to the Undersecretariat.  
The Undersecretariat shall submit its findings to the Secretariat within ONE HUNDRED AND 
TWENTY (120) days of the acceptance of the request.  Within TEN (10) days of receiving the report, th e Secretariat shall present its conclusions to the 
Ministry, which shall take a decision within the following TWENTY (20) days. 
 Article 50  – For the purposes of the above Article, the S ecretariat shall establish the requirements and 
other formalities to be met by the parties concer ned when submitting their requests, and other aspects 
relating to this procedure. 
 
CHAPTER VIII – DURATION AND REVIEW OF MEASURES AND UNDERTAKINGS 
 Article 51  – Any definitive anti-dumping or countervailing duty shall remain in force only as long as 
and to the extent necessary to counteract dumping or subsidization which is causing injury.  However, 
it may not continue in force longer than FIVE (5) years from the date of its imposition or from the 
date of the most recent review if that review c overed all aspects of the dump ing or subsidization and 
the injury.  
CHANGED CIRCUMSTANCES REVIEW 
 
Article 52  – Any decision imposing an anti-dumping or countervailing duty, or any decision 
approving a price undertaking, may be reviewed.  Such a review may be initiated ex officio or, 
provided that TWO (2) years have elapsed since th e establishment of the respective measure, at the 
request of the party concerned.  The review may cover the need for continue d imposition of the duty to offset dumping or 
subsidization or the possibility that the injury would continue or recur were the duty to be removed or 
varied, or both.  If, as a result of the review ca rried out, it is determined that the anti-dumping or 
countervailing duty is no longer warrant ed, it shall be made inoperative. 
 Article 53  – The provisions regarding evidence and procedur e set forth in Title II of this Decree shall 
be applicable, insofar as is relevant, to the cha nged circumstances review, which shall normally be 
concluded within EIGHT (8) months  of the date of its initiation. 
 Article 54  – The Secretariat shall establish the requireme nts and formalities to be met by the parties 
concerned when submitting their application, and other aspects relating to the review procedure. 
 
ANTI-DUMPING OR COUNTERVAILING DUTY EXPIRY REVIEW 
 Article 55  – The anti-dumping or countervailing duty or pr ice undertaking expiry review shall cover 
dumping and subsidization as well as injury, and shall determine whether the expiry of the duty would 
be likely to lead to continuation or recurrence of the injury and the dumping or subsidization.  The 
duty may remain in force pending the outcome of such a review. 
 Article 56  – A request for review of an anti-dumping or c ountervailing duty owing to the expiry of its 
period of validity may be submitted by or on beha lf of the domestic industry no later than G/ADP/N/1/ARG/1/Suppl.9 
G/SCM/N/1/ARG/1/Suppl.8 Page 14 
 
 
  THREE (3) months prior to the end of the peri od of imposition of the anti-dumping or countervailing 
duty whose termination it is wished to avoid.  The implementing authority may also initiate ex o fficio a final anti-dumping or countervailing duty 
expiry review when it has suffi cient evidence, in accordance with  the above provisions and the 
regulations issued for that purpose.  The provisions under Title II on evidence and procedure shall be applicable, insofar as is relevant, to a 
review carried out under this Artic le, which shall normally be concluded within EIGHT (8) months of 
the date of its initiation. 
 Article 57  – When deciding to initiate an anti-dumping or countervailing duty or price undertaking 
expiry review, the implementing authority may decide  whether it is also appropriate to carry out a 
changed circumstances review. 
 
Article 58  – The Secretariat shall establish the requireme nts and formalities to be met by the domestic 
industry when submitting an application, and ot her aspects relating to the review procedure. 
 
CHAPTER IX – CIRCUMVENTION 
 
Article 59  – A measure in force shall be considered to be circumvented when: 
  (a) Parts and/or components of the invest igated product, assembled to produce a like 
product, are exported to the ARGENTINE REPUBLIC;  or 
 
 (b) a like product, produced by the assembly of parts and/or components of the 
investigated product, or by some other operation effected in a third country, is exported to the ARGENTINE REPUBLIC;  or 
  (c) any other practice occurs which tends to undermine the remedial effects of the 
measure applied, reflecting in all cases a change in the characteristics of trade 
between third countries and the ARGENTINE REPUBLIC as a result of a practice, 
process or activity for which there is no adequate cause or economic justification 
other than the imposition of the duty. 
 Article 60  – The determination of the existence of circumvention practices may be made at the 
request of a party, ex officio or at the suggesti on of the Undersecretariat and/or the Commission, on 
the basis of the main elements of information put to gether in the investigation or review concerning 
the measure being circumvented.  Article 61  – Requests by interested parties shall contain reasonable evidence of the alleged 
circumvention practice, without prejudice to any information that the Undersecretariat and/or the 
Commission may request. 
 Article 62  – The Undersecretariat and the Commission, within the limits of their respective areas of 
responsibility, shall allow the parties concerned to intervene and shall present their conclusions to the 
Secretariat within ONE HUNDRED AND TWENTY ( 120) days of the acceptance of the request.  
Within TEN (10) days of the receipt of the said repor ts, the Secretariat shall present its conclusions to 
the Ministry, which shall take a decision within the following TWENTY (20) days.  Article 63  – The Secretariat shall establish the requirem ents and other formalities to be met when 
submitting an application, and aspects relating to procedure.  G/ADP/N/1/ARG/1/Suppl.9 
 G/SCM/N/1/ARG/1/Suppl.8  Page 15 
 
 
   
TITLE III – GENERAL PROVISIONS 
 Article 64  – In the case of imports from non-market ec onomy countries or countries in transition to a 
market economy, for the purposes of determining price comparability, the provisions of 
Decree No. 1219 of 12 September 2006 shall be appl ied for the determination of normal value. 
 Article 65  – The applicant or his agent or qualified repr esentative may inspect the file at any point in 
the proceedings, except for those papers, reports or  opinions that are of a confidential nature. 
 
The other interested parties, or their agents or representatives, may inspect the file after the initiation 
of the investigation, subject to the exception re ferred to in the preceding paragraph in respect of 
confidential information.  
Article 66  – Any decision to initiate an investigation or  the reviews established in this Decree, to 
apply provisional or definitive measures, to approve a price undertaking or to close an investigation 
shall be transmitted by the MINISTRY OF THE ECONOMY AND PRODUCTION, within TWO (2) working days of its adoption, to the NATIONAL DIRECTORATE OF OFFICIAL RECORDS, attached to the LEGAL AND TECHNICAL DEPARTMENT of the OFFICE OF THE PRESIDENT, for publication in the Official Journal within a maximum of TWO (2) working days of 
the date of its transmission. 
 Article 67  – The interested parties may challenge by  judicial process any decision subject to 
administrative appeal when the administrative app eal process has been exhausted, as provided in the 
following Article. 
 
Article 68  – Appeals may be lodged against measures imposing or refusing the application of 
provisional or definitive anti-dumping or countervaili ng duties, and against decisions which suspend, 
refuse, revoke or terminate investigations.  Other decisions adopted during the investigation shall not 
be subject to appeal.  
Article 69  – The time-frames set forth in this Decree shall be understood to be calendar days, unless 
expressly provided otherwise.  Article 70  – The Undersecretariat shall be responsible for directing investigation procedures, without 
prejudice to the investigative powers entrus ted to the Commission by this Decree and 
Decree No. 766/94. 
 The procedure for the application of anti-dumpi ng and countervailing duties provided for in this 
Decree shall also be governed by the National Law on Administrative Procedures, No. 19.549, and the 
Regulations on Administrative Procedures, Decree No. 1759/72 T.O. 1991.  Special attention shall be 
paid in this supplementary application to comply ing with the time limits est ablished in this Decree. 
 
Article 71  – Once the investigation or review carri ed out under this Decree are completed, the 
Undersecretariat and the Commission shall publish th eir respective public reports on the Secretariat 
web site.  
Article 72  – The Undersecretariat and the Commission may take into consideration the specific 
circumstances of small and medium-sized enterprises.  Article 73  – In the event that the Undersecretariat a nd/or the Commission require information from 
other administrative bodies, they may request it dir ectly and shall record this in the file.  The G/ADP/N/1/ARG/1/Suppl.9 
G/SCM/N/1/ARG/1/Suppl.8 Page 16 
 
 
  administrative departments, whatever their hierarch ical position, shall cooperate for such purposes, 
taking especially into account the time limits set by this Decree.  Article 74  – The Secretariat is the implementing author ity responsible for issuing the supplementary 
regulations to this Decree. 
 Article 75  – This Decree shall enter into force FIFTEEN (15) working days after its publication in the 
Official Journal and shall be applicable to inves tigations and reviews of existing measures initiated as 
a result of applications submitted after the date of its entry into force. 
 
Article 76  – Upon the entry into force of this Decree, Decree No. 1088 of 28 August 2001 and 
Decree No. 1326 of 10 November 1998 shall be repealed .  The investigations and reviews of existing 
measures initiated as a result of applications s ubmitted under Decree No. 1326/98 shall be governed 
by that Decree until they are concluded. 
 
Article 77  – This Decree shall be proclaimed, published,  transmitted to the National Directorate of 
Official Records and filed.  FERNANDEZ DE KIRCHNER. – Sergio T. Massa. – Jorge E. Taiana. – Carlos R. Fernández.  
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