WORLD TRADE  
ORGANIZATION  G/ADP/Q1/GTM/11 
G/SCM/Q1/GTM/11 20 June 2008 
 
 
(08-2941) 
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 Questions Posed by the UNITED STATES
1 
Regarding the Notification of GUATEMALA2 
   The following communication, dated 6 June 2008, is being circulated at the request of the 
delegation of Guatemala. 
 
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   Guatemala thanks the United States for its interest in the Notification of Laws and 
Regulations submitted by Guatemala under Article  32.6 of the WTO Agreement on Subsidies and 
Countervailing Measures, which sets forth the Cent ral American Regulations on Unfair Business 
Practices.  Below are Guatemala's replies to the questions posed by the Un ited States in document 
G/SCM/Q1/GTM/8.  
Question 1 
 
 Please confirm that Guatemala has implemented these Regulations .  If so, what is the 
official name of the decree or resolution implementing these Regulations ?  Additionally, if 
Guatemala has implemented these Regulations , on what date were they implemented?  
 Reply
 
  Guatemala has implemented the Central Americ an Regulations on Unfair Business Practices 
(hereinafter "Central American Regulations"), wh ich were adopted by Ministerial Decision 139-2007 
of 7 May 2007.  Question 2 
 
 Are the WTO Agreement on Implementation of Article VI of the General Agreement on 
Tariffs and Trade 1994 (Anti-Dumping Agreem ent) and the Agreement on Subsidies and 
Countervailing Measures (Subsid ies Agreement) self implementing under Guatemalan law?  
Also, in potential cases of conflict betwee n the Anti-Dumping Agreement or Subsidies 
Agreement and the Regulations  which legislation would have precedent? 
 
                                                     
 
1 G/ADP/Q1/GTM/8 – G/SCM/Q1/GTM/8. 
2 G/ADP/N/1/GTM/3. G/ADP/Q1/GTM/11 
G/SCM/Q1/GTM/11 Page 2 
 
 
  Reply
 
  The WTO Agreements, including the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing 
Measures, have been approved by the Congress of th e Republic of Guatemala and hence incorporated 
in Guatemalan law.  The Central American Regul ations, being an international instrument, have 
likewise been incorporated in domestic legislation.   The WTO Agreements and the Central American  Regulations rank the same in Guatemala's 
legal hierarchy.  In the event of conflict between th e two legal instruments, a solution consistent with 
the rules of interpretation of the Vienna Convention on the Law of Treaties, as well as other applicable domestic rules, would have to be found.  
Question 3 
 
 Article 1 (Definitions) of the Regulations  define the investigating authority as "The 
Directorate or Directorate-General of Integration of the Ministry or Secretariat of the Economy or, as the case may be, the Directorate competen t for matters pertaining to Central American 
economic integration in each State Party, or the technical unit with responsibility for investigating unfair business practices.  This  shall be SIECA in the case of regional 
procedures".  However, it is not entirely clear who the investigating authority will be for an 
anti-dumping or countervailing action, nor how th e Secretariat for Central American Economic 
Integration (SIECA) will function with regar ds to an anti-dumping or countervailing duty 
investigation.  Please clarify whether there is one investigating authority across the Central 
American Tariff and Customs Region or whether each country will have its own investigating 
authority.  In addition, please clarify how SIECA will function in the anti-dumping and 
countervailing duty process.  What role will SIE CA play with regards to initiation of anti-
dumping and countervailing duty investigations and determining whether the dumped or subsidized imports materially injure the domestic industry? 
 
Reply
 
 
 The Article 1 definition of "investigating author ity" seeks to cover the different administrative 
forms the authority may take in each of the Central American countries.  However, for the purposes of 
investigations concerning unfair business practices, the definition distinguishes between two types of 
investigating authority:  for "non-regional" procedur es, the investigating authority is that defined by 
each Central American country within its own admini strative structure;  for regional procedures, the 
investigating authority is SIECA.   SIECA's responsibilities in respect of regiona l procedures are the same as those of any 
investigating authority in respect of non-regi onal procedures, in accordance with Chapter III and 
Articles 2 and 4 of the Central American Regulations.  It is also important to note that the regional 
procedure set forth in Chapter III of the Regulations is in keeping with the provisions of Article 14 of 
the WTO Anti-Dumping Agreement.  
Question 4 
 
 Article 1 (Definitions) of the Regulations  notes that interested parties shall be defined in 
accordance with Article 6.11 of the Anti-Dumping  Agreement and Article 12.9 of the Subsidies 
Agreement.  Will parties be required to register as an "interested party" under Guatemalan law 
and, if so, what will be the time limit for such registration? 
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  Reply  
  The Article 1 definition of "investigating author ity" seeks to cover the different administrative 
forms the authority may take in each of the Central American countries.  However, for the purposes of 
investigations concerning unfair business practices, the definition distinguishes between two types of 
investigating authority:  for "non-regional" procedur es, the investigating authority is that defined by 
each Central American country within its own admini strative structure;  for regional procedures, the 
investigating authority is SIECA.  
 SIECA's responsibilities in respect of regiona l procedures are the same as those of any 
investigating authority in respect of non-regi onal procedures, in accordance with Chapter III and 
Articles 2 and 4 of the Central American Regulations.  
Question 5 
 
 Article 11 (Resolution for the initiation of an investigation) of the Regulations  does not 
make clear who will receive questio nnaires following the resolution to  initiate an investigation. 
 
 (a) Please clarify who will receive the quest ionnaires and what the time limits will be 
for responding to such questionnaires as per Article 6.1.1 and footnote 15 of the 
Anti-Dumping Agreement and Article 12.1.1 and footnote 40 of the Subsidies 
Agreement. 
 
Reply
 
 
 Article 11 of the Central American Regula tions cannot be read in isolation from the 
provisions of the Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing 
Measures for the reasons mentioned above.  Pursuant to paragraph (h) of Article 11, the resolution for 
the initiation of an investigation shall indicate th e time-limit granted to the defendants and, where 
appropriate, the foreign government or governments me ntioned, to submit whatev er evidence they see 
fit.  Such time-limits must be consistent with  Article 6.1.1 and footnote 15 of the Anti-Dumping 
Agreement and Article 12.1.1 and footnote 40 of the Subsidies Agreement.  It is also understood, 
from paragraph (i) of Article 11 of the Central Am erican Regulations, that the resolution for the 
initiation of an investigation shall contain determina tion of the information that is to be requested 
from the "interested parties" in questionnaires and form s.  The definition of "interested parties" is set 
forth in Article 1 of the Central American Re gulations.  Furthermore, it is understood that 
questionnaires and forms shall be submitted in accord ance with the applicable provisions of Article 6 
of the Anti-Dumping Agreement and Article 12 of the Agreement on Subsidies and Countervailing 
Measures.  
 (b) Could Guatemala also please clarify whether all interested parties will be 
notified or whether only those parties na med as defendants will be notified of the 
investigation initiation? 
 
Reply
 
  This depends on each individual case.  Howeve r, Guatemala's obligations in respect of 
notification and public notices are clearly regulated  by Article 12.1 of the Anti-Dumping Agreement 
and Article 22.1 of the Subsidies Agreement;  that is to say, its obligation to notify the Member or 
Members the products of which are subject to the i nvestigation and other inte rested parties "known to 
the investigating authorities to have an interest th erein", and its obligation to give a public notice. 
 G/ADP/Q1/GTM/11 
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   (c) Article 11 notes that interested part ies will have 30 days from the date of 
notification of an investigation to object to the investigation.  To what may interested parties object and what may be possible outcomes of such objection? 
 Reply
 
  Guatemala's legislation provides that interested parties may lodge an appeal for reversal of the 
decision to formally commence the investigation.  The objection could for instance be based on the 
fact that the initiating resolution does not meet the formal and substantive requirements under the 
Regulations, the Anti-Dumping Agreem ent and the Subsidies Agreement. 
 
Question 6 
 
 Article 12 (Records and access thereto) and Article 13 (Confidentiality) of the 
Regulations  refer to the access that interested parti es may have to the confidential data 
submitted during the proceeding and information compiled by the investigating authority.  As 
provided for in Article 6.4 of the Anti-Dumpi ng Agreement, will the investigating authority 
place in a public file and make available to interested parties non-confidential summaries of 
internally generated reports such as verificati on reports and the calculations used by the 
investigating authority in determining margins of dumping based on confidential information 
submitted by all other interested parties ? 
 Reply
 
  Articles 12 and 13 of the Central American Regulations regulate ma tters pertaining to 
records, access thereto and confidentiality.  Neith er of the two Articles provides that "interested 
parties" shall have access to confidential information;   such information is accessible only to the party 
that supplied it.  Furthermore, Article 6.4 of the Anti-Dumping Agreement does not lay down any 
obligation for the investigating authority to place in  a public file and make available the reports and 
the calculations used by the investigating aut hority in determining margins of dumping based on 
confidential information provided by the interested parti es.  At least not in such terms.  Article 6.4 of 
the Anti-Dumping Agreement provides that the author ities shall whenever practicable provide timely 
opportunities for all interested parties to see all inform ation that is relevant to the presentation of their 
cases, that is not confidential as defined in paragraph 5, and that is used by the authorities in an anti-
dumping investigation, and to prepare presentations on th e basis of this information.  Article 6.5 of the 
Anti-Dumping Agreement and Articles 12.3 and 12.4 of the Subsidies Agreement are applicable for 
the above-mentioned reasons. 
 
Question 7 
 
 Articles 15 (Preliminary determinations), 22 (Final resolution) and 44 (Publication) of 
the Regulations  describe the process for reaching determinations and resolutions about whether 
to impose preliminary or definitive anti-dum ping or countervailing duties, putting that 
resolution into effect, and publishing the pr eliminary and final resolutions.  However, 
Articles 15, 22 and 44 do not explain whether the published preliminary and final resolutions will contain all the information required by Ar ticle 12.2 of the Anti-Dumping Agreement and 
Articles 22.3 and 22.5 of the Subsidies Agreement, including "all relevant information on the 
matters of fact and law which have led to argu ments being accepted or rejected", "all relevant 
information on the matters of fact and law and reaso ns which have led to the imposition of final 
measures", and "the reasons for the acceptance or rejection of relevant arguments or claims 
made by the exporters and importers".  Please  confirm that Guatemala will include all such 
information in its published preliminary and fi nal resolutions or will otherwise make such  G/ADP/Q1/GTM/11 
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  information available to interested parties dur ing the course of a proceeding, and publicly 
available following a final determination of a proceeding.  
 
Reply  
 
 Article 4 of the Central American Regulations  provides that all substantive and procedural 
aspects not covered by these Regulations shall be determined by the provisions of the instruments 
referred to in the WTO Agreements.  The fact that certain matters are not explicitly mentioned in the 
Central American Regulations does not mean that they will not be taken into consideration during 
investigation proceedings.  Guatemala will therefore ensure that the provisions of Article 12 of the 
Anti-Dumping Agreement and Article 22 of the Subsidies Agreement are respected.  
Question 8 
 
 Article 40 (Duration of definitive measures) of the Regulations  states that "Once a 
measure has been adopted, it may be reviewed at any time during its implementation".  In accordance with Article 11 of the Anti-Dumping Agreement and Article 21 of the Subsidies Agreement: 
 
 (a) Please explain whether interested parties will be able to request a review of the 
measure and what specific steps an interested party would have to take to 
request a review. 
 
Reply
 
 
 Pursuant to Article 11 of the Anti-Dumpi ng Agreement, Article 21 of the Subsidies 
Agreement and Guatemalan legislation concerning the right of petition, any interested party may 
request a review of the measure.  Such a request must be submitted in writing.  
 (b) Please provide a description of the nature and extent of such reviews.  Is there a 
possibility for dumping margins or duties or countervailing duties to be adjusted 
following completion of a review, or will reviews only determine whether the 
measure should be revoked? 
 
Reply
 
 
 The nature and extent of such reviews are defined by Article 11.1 of the Anti-Dumping 
Agreement and Article 21.1 of the Subsidies Agreem ent.  The authority may, if necessary, adjust 
anti-dumping measures or countervailing duties "to th e extent necessary to counteract dumping which 
is causing injury" or "to the extent necessary to c ounteract subsidization which is causing injury".  
Under no circumstances may this adjustment be great er than the margin of dumping or the amount of 
the subsidy found to exist, calculated per un it of the subsidized and exported product. 
 
 (c) At the end of a five-year period, will the investigating authority automatically 
conduct an expiry review or must an expiry  review be requested?  If it must be 
requested, who can request an expiry revie w?  If no expiry review is requested, 
will the measure automatically terminate?   What procedures will be followed to 
conduct an expiry review? 
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  Reply
 
  The investigating authority may review the need for the continued imposition of the duty, where warranted, on their own initiative or at the requ est of an interested party.  The measure will 
expire automatically if, following a review, there is no justification for the continued imposition of 
that measure.  The procedures normally followed for anti-dumping investigations will be applied 
mutatis mutandis  to the procedures for conducting an expiry review. 
 
Question 9 
 
 Article 44 (Publication) of the Regulations  notes that the resolutions regarding the 
initiation of an anti-dumping or countervailing duty investigation and the imposition of provisional and/or final measures will be "publis hed, once only, at the cost of the interested 
party".  What would happen if an interested pa rty refused to pay?  Please identify which 
national newspapers would publish these notificati ons, as well as where the Official Journal of 
the Central American Integration System can be located online. 
 
Reply
 
  Article 44 of the Central American Regulations does not stipulate payment as a prerequisite 
for publication of resolutions.  It merely specifies that the interested party is required to pay for 
publication in private newspapers.   As regards the second part of the question, the official journal of Guatemala is the Diario 
Oficial de Centroamérica  (Official Journal of Central America) , and private newspapers that would 
publish this kind of resolution include Diario La Hora , Siglo XXI , El Periódico  and Prensa Libre .  
The Central American Integration System does not yet have an official journal. 
 
Question 10 
 
 Article 46 (Remedies) of the Regulations  states:  "The remedies provided for in the 
domestic legislation of each State Party shall lie against resolutions adopted by national 
authorities.  The remedies provided for in the legal instruments of Central American integration shall lie against decisions adopted by  regional bodies".  Please clarify whether this 
means that the laws and regulations issued by Guatemala with regard to the provision of remedies are now superseded by these Regulations .  Furthermore, please clarify that all 
decisions with regard to provision of remedies adopted by regional bodies must be taken under 
the provisions of the Regulations . 
 
Reply
 
  Article 46 of the Regulations describes the two types of remedy that exist:  remedies provided 
for in the domestic legislation of each State Party;  and remedies provided for in the legal instruments 
of Central American integration.  The former ar e remedies within the framework of anti-dumping or 
subsidies investigations conducted in accordance w ith the provisions of Title II, Chapter I of the 
Central American Regulations, while the latter are re medies within the framework of anti-dumping or 
subsidies investigations conducted by SIECA or  decisions adopted by the Executive Committee 
pursuant to Title II, Chapters II and III of the Central American Regulations. 
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  Question 11 
  Please explain the meaning of the phrase "causal link within the meaning of the WTO Agreements" in Article 38 of the Regulations .  Is this intended to be a reference to 
Article 3.5 of the Anti-Dumping Agreement and Article 15.5 of the Subsidies Agreement? 
 
Reply
 
  Yes. 
 
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