WORLD TRADE  
ORGANIZATION  G/ADP/N/1/GTM/3 
G/SCM/N/1/GTM/3 22 February 2008 
 
 
(08-0809) 
Committee on Anti-Dumping Practices Original:   Spanish 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
GUATEMALA 
 
 
 The following communication, dated 21 February 2008, is being circulated at the request of 
the delegation of Guatemala.  
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  CENTRAL AMERICAN REGULATIONS 
ON UNFAIR BUSINESS PRACTICES 
 
TITLE I 
 
GENERAL PROVISIONS 
 
ARTICLE 1. (Definitions)  For the purposes of these Regulations, the expressions indicated below 
have the following meaning: 
 
 COUNCIL OF MINISTERS :  The Council of Ministers for Economic Integration 
established by Article 37 of the Guatemala Protocol. 
 
DOMESTIC INDUSTRY :  This term shall be underst ood as referring to the domestic 
producers as a whole of the like products or to those of them whose collective output of the 
products constitutes a major proportion of the to tal domestic producti on of those products. 
  EXECUTIVE COMMITTEE :  The Executive Committee for Economic Integration 
established by Article 37 of the Guatemala Protocol. 
 
 GATT 1994 :  The General Agreement on Tariffs a nd Trade 1994, annexed to the Agreement 
Establishing the World Trade Organization. 
  GUATEMALA PROTOCOL :  The Protocol to the General Treaty on Central American 
Economic Integration, signed on 29 October 1993. 
 
 INTERESTED PARTIES :  Those referred to in Article 6.11 of the Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and in 
Article 12.9 of the Agreement on Subsidies and Countervailing Measures, respectively. 
INVESTIGATING AUTHORITY :  The Directorate or Directorate-General of Integration of 
the Ministry or Secretariat of the Economy or, as the case may be, the Directorate competent 
for matters pertaining to Central American econom ic integration in each State Party, or the 
technical unit with responsibility for investiga ting unfair business practices.  This shall be 
SIECA in the case of regional procedures. 
 
LIKE PRODUCT :  The term "like product" shall be understood to mean a product which is 
identical, i.e. alike in all respects to the product under consideration, or in the absence of such 
a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration. 
  MINISTER :  The Minister or Secretary of each State Party having responsibility for matters 
relating to Central American economic integrati on or, as the case may be, the investigation of 
unfair business practices. 
  REGION :  All of the States Parties as a whole. 
  SIECA :  The Secretariat for Central American Economic Integration. 
 
 STATES PARTIES :  The States Parties to the General Treaty on Central American 
Economic Integration, the Guatemala Protocol , and the Convention on the Central American 
Tariff and Customs Regime.  G/ADP/N/1/GTM/3 
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   THIRD COUNTRIES :  Countries that are not States Parties. 
  UNFAIR BUSINESS PRACTICE :  Dumping or subsidies. 
 
 WTO :  The World Trade Organization. 
  WTO AGREEMENTS :  The Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 and th e Agreement on Subsidies and Countervailing 
Measures. 
 
ARTICLE 2. (Object of the Regulations)   These Regulations develop the provisions established in 
the WTO Agreements and, as appropriate, the pr ovisions of the Guatemala Protocol and the 
Convention on the Central American Tariff and Customs Regime.  
ARTICLE 3. (Initiation of proceedings)   The process of investigation for the purpose of 
establishing the existence and effects of unfair bus iness practices may be initiated on application by 
an interested party or ex officio, in accord ance with the provisions of the WTO Agreements. 
  Where the investigating authority proceeds ex officio, it shall notify the domestic industry for 
confirmation of its consent to the pursuit of the investigation. 
 
ARTICLE 4. (Substantive and procedural rules)   All substantive aspects relating to unfair 
business practices and procedural aspects not covered by  these Regulations shall be determined by the 
provisions of the instruments referred to in Article 2 of these Regulations.  
TITLE II 
 
PROCEDURES AND MEASURES IN CASES 
OF UNFAIR BUSINESS PRACTICES 
 
CHAPTER I 
 
PROCEDURE IN TRADE RELATIONS 
WITH THIRD COUNTRIES 
 
ARTICLE 5. (Purpose of the procedure)   The investigating authorit y shall investigate, analyse 
and evaluate allegedly unfair business practices and decide whether it is appropriate to recommend 
the imposition of "anti-dumping duties" or  "countervailing duties", as the case may be. 
  Such measures shall be imposed when unfair business practices cause or threaten to cause 
material injury or serious prejudice to a domestic in dustry, or material retardation of the establishment 
of such an industry, in accordance with the criteria set out in the WTO Agreements. 
 
ARTICLE 6. (Application)   Applications for initiation of an investigation may be made by 
representatives of the domestic industry producing the product prejudiced by the imports in relation to 
which an investigation is requested which consider that they are being affected or threatened by 
imports alleged to be the subject of unfair business practices. 
 
 The application shall be submitted to the i nvestigating authority in compliance with the 
following formal requirements:  
(a) Designation of the investigating authorit y to which the application is made; G/ADP/N/1/GTM/3 
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  (b) particulars of the applicant and, in the case of a legal representative, any accreditation 
documents as may be required by the resp ective State Party's domestic legislation; 
(c) service address; 
(d) account of the facts and specific indication of the unfair business practice; 
(e) request couched in precise terms consistent with the account of the facts; 
(f) the other requirements estab lished in the WTO Agreements; 
(g) place and date of the application;  and 
(h) signature of the applicant or legal representative of the domestic industry. 
 The original application and accompanying documentation shall be provided in as many 
copies as the number of interested parties iden tified in the application,  except in the case of 
information which is considered confidential.  ARTICLE 7. (Acceptance of the application)   Within thirty days of receiving the application, the 
investigating authority shall examine it in order to  establish whether the requirements for acceptance 
thereof, as set forth in the preceding Article, have been duly fulfilled.  If the authority determines that 
the application is incomplete, it shall notify the inter ested party within ten days so that the latter may 
meet the relevant requirements within thirty days of the notification.  At the request of the interested 
party, this period may be extended for a further thirty days.   If the interested party fails to comply within the stipulated period, the application shall be 
considered abandoned and shall be  filed, without prejudice to the right of the party concerned 
subsequently to resubmit the case.   If the interested party provides the additional information, the investigating authority shall 
accept the application within the following fifteen days. 
 
ARTICLE 8. (Examination and rejection of the application)   After examining the application 
within the time-limit established in the preceding Artic le, the investigating aut hority shall reject it by 
means of a reasoned resolution in the following cases:  
(a) If it determines that the application has not  been made on behalf of a domestic 
industry, in accordance with the WTO Agreements; 
(b) if it determines that there is insufficient evidence of either an unfair business practice 
or injury justifying the initiation of proceedings;  and 
(c) if the evidence provided is insufficient to justify initiating an investigation. 
 The resolution rejecting an application shall be notif ied, within ten days of its date of issue, to 
the interested party, which may use the legal remedies  provided for in the legislation of the State Party 
concerned against it.  ARTICLE 9. (Notification of the exporting government)   The investigating authority shall 
directly notify the government of the country of or igin or export of the product under investigation of  G/ADP/N/1/GTM/3 
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  the application for the initiation of an investigati on into unfair business practices.  This notification 
shall be made prior to the initiation of the investigation.   The notification may be sent by fax, electr onic mail, courier, or any other communication 
medium as may allow confirmation of receipt. 
 ARTICLE 10. (Opportunity for consultations)   In the case of subsidies, together with the 
notification provided for in the preceding Article or at any time prior to the initiation of the 
investigation, the investigating authority shall afford an opportunity to the governments of the 
countries of origin or export of the product unde r investigation to hold consultations for the purpose 
of clarifying the facts stated in the application and arriving at a mutually agreed solution.  Consultations for this same purpose may be held during the investigation. 
 ARTICLE 11. (Resolution for the initiation of an investigation)   Where the investigating authority 
decides, following the examination referred to in Ar ticle 8 above, that there is sufficient evidence to 
justify an investigation, it shall issue a reso lution declaring the initiation of the investigation 
procedure.  The resolution shall contai n at least the following information: 
 
(a) Identification of the investigating authority  initiating the procedure and date and place 
of issue of the resolution; 
(b) indication that the application and its accompanying documentation have been 
accepted; 
(c) name or business name and domicile of the domestic producer or producers of like 
products; 
(d) country or countries of origin or provenance of the products alleged to be the subject 
of unfair business practices; 
(e) reasons and justification for the resolution; 
(f) detailed description of the product that has been or is being imported under allegedly 
unfair business practices; 
(g) description of the domestic products alik e to the product imported under allegedly 
unfair business practices; 
(h) time-limit granted to the defendants and, where appropriate, the foreign government 
or governments mentioned, to submit whatev er evidence they see fit, and the place at 
which they may present their submissions; 
(i) determination of the information that is to be requested from the interested parties in 
questionnaires and forms. 
 The resolution shall be notified within ten days of  its date of issue to the interested parties of 
which the investigating authority has reasonable knowl edge, which shall have a period of thirty days 
from the day following the notification in which to object.  ARTICLE 12. (Records and access thereto)   All information provided by interested parties, 
together with the information compiled by the inves tigating authority ex officio, shall be filed in G/ADP/N/1/GTM/3 
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  chronological order in two separate files, one of which shall contain public and the other confidential 
information.   Interested parties, their representatives a nd their counsel, duly accredited for the purpose, 
shall be entitled, at any stage of the proceedings, to  examine, read or copy any document or item of 
evidence in the record and to request certificati on thereof, with the exception of confidential 
information, which shall be accessible only to the in vestigating authority and to the party that supplied 
the information.  Such information may not be disclosed during the investigation process. 
 
 Once the investigation has been concluded, anyone may access the file containing public 
information and may request the permission of the investigating authority to photocopy it. 
 ARTICLE 13. (Confidentiality)   Pursuant to the  WTO Agreements and more specifically the 
domestic legislation of each State Party, access to information regarded as confidential shall be 
restricted to the party that supplied the in formation and the investigating authority. 
  Any information which is by nature confidentia l, for example because its disclosure would be 
of significant competitive advantage to a competitor or would have a significantly adverse effect upon 
the interested party that supplied the informati on or upon a third party from whom that interested 
party acquired the information, shall, upon good cause  shown, be treated as such by the investigating 
authority. 
  If the investigating authority finds that the requ est is not warranted and the interested party is 
either unwilling to make the information public or to authorize its disclosure in generalized or in 
summary form, the investigating authority ma y disregard such information unless it can be 
demonstrated satisfactorily from appropriate  sources that the information is correct. 
  Any interested party providing confidential information shall furnish a non-confidential 
summary thereof or state the reasons why it is not susceptible of summary.   Non-confidential summaries of information re garded as confidential shall be sufficiently 
explicit so that the other interested parties ha ve a clear understanding of the information supplied 
where such information is relevant, for example graphs showing data in percentage terms and a 
generic explanation of the data provided, inter alia . 
 ARTICLE 14.  (Time-limit for the investigation)   The investigation shall be concluded within 
twelve months of its date of initiation, but may,  in exceptional circumstances, be extended for a 
further period of up to six months, on the initiative of  the investigating authority or at the request of 
an interested party.  ARTICLE 15. (Preliminary determination)   The investigating authorit y shall issue an affirmative 
or negative preliminary determination of unfair busin ess practices and injury or threat of injury to a 
domestic industry, or retardation of th e establishment of such an industry. 
  The determination shall take the form of an opinion issued by the investigating authority no 
earlier than sixty days after the initiation of the investigation.  
ARTICLE 16.  (Provisional measures)   During the investigation, the investigating authority may 
recommend that the Minister adopt provisional measures in cases of alleged dumping or subsidization, in conformity with th e provisions of the WTO Agreements. 
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  ARTICLE 17.  (Requirements for the imposition of provisional measures)   Provisional measures 
shall be imposed only if the following prerequisites are fulfilled:  
(a) The investigation has been initiated in c onformity with the provisions of these 
Regulations and at least sixty days have elapsed since its initiation; 
(b) there has been an affirmative preliminary determination of dump ing or subsidization 
involving material injury, threat of material injury, serious prejudice to a domestic industry, or retardation of the establishmen t of a domestic industry, in conformity 
with the WTO Agreements; 
(c) the investigating authority deems such me asures to be necessary to prevent serious 
injury or prejudice to a domestic industry, in conformity with the WTO Agreements. 
ARTICLE 18. (Duration of provisional measures)   The application of provisional measures shall 
be limited to as short a period as possible, not exceeding four months.  
 With respect to dumping, by decision of the investigating authority and at the request of 
exporters representing a significant percentage of the trade involved, the duration of provisional 
measures may be extended to a period not exceeding six months.  Where in the course of an investigation the authorities consider whether a duty lower than the margin of dumping would be 
sufficient to remove the injury, these periods may be six and nine months, respectively. 
 
 Within ten days of its publication, the r esolution imposing provisional measures shall be 
notified to the interested parties and to the customs authorities for implementation. 
 ARTICLE 19. (Verification of information)   The investigating authority may, at any time during 
the course of the investigation, conduct such verification visits as it may consider relevant.  
 
 The investigating authority shall gather in formation as it deems necessary, and, where it 
considers it appropriate, shall examine and verify information from the interested parties so as to 
confirm its authenticity.   The investigating authority may conduct veri fication visits in other countries as required, 
subject to the agreement of the firms concerned, a nd provided that there is no objection on the part of 
the government of the country in question, which sha ll be officially informed thereof.  As soon as 
agreement has been obtained from the firms concerne d, the investigating authority shall notify the 
authorities of the exporting country of the names and addresses of the firms to be visited and the dates 
proposed. 
 
 Prior to the visit, the firms shall be advised of the general nature of the information to be 
verified, though this should not preclude requests duri ng the visit for further details to be provided in 
the light of the information obtained.  ARTICLE 20. (Withdrawal from the investigation)  The applicant may withdraw from the 
investigation at any time by providing its reasons in writing. 
  If an application for withdrawal is made after the initiation of the investigation, the 
investigating authority shall notify the interested pa rties of the withdrawal, whereby the investigation 
shall be deemed closed.  The investigating author ity may continue the investigation only if, within 
thirty days of the notification, domestic produ cers expressly supporting continuation of the 
investigation account for at least 50 per cent of th e producers having show n support or opposition. G/ADP/N/1/GTM/3 
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  ARTICLE 21. (Termination of the investigation)   The investigation shall be terminated if it is 
determined that the margin of dumping or amount of the subsidy is de minimis  or that the volume of 
imports or the injury is negligible.  
ARTICLE 22. (Final resolution)   Within three days of concluding the investigation, the 
investigating authority shall submit the technical st udy together with the relevant recommendations to 
the Minister so that, within three working days of  its receipt and by means of a reasoned resolution, 
the Minister may declare the investigation conclude d, state whether or not a definitive anti-dumping 
or countervailing duty should be imposed and, where appropriate, revoke or confirm any provisional 
measure adopted.  
  The resolution imposing a definitive anti-dumpi ng or countervailing duty shall be put into 
effect in accordance with the domestic law of each St ate Party and shall be notified within ten days of 
its issue to the interested parties and to SIECA, so  that the latter may bring it to the attention of the 
Executive Committee. 
 
CHAPTER II 
 
PROCEDURE IN INTRA-REGI ONAL TRADE RELATIONS 
 ARTICLE 23. (Transmittal to the Executive Committee)   In the case of products originating in 
Central America, once the application has been pr ocessed in accordance with  the preceding Chapter, 
the investigating authority shall, together with the notification of the resolution referred to in the last 
paragraph of the preceding Article and within the same time-limit indicated therein, transmit to 
SIECA a summary of the record, for the latter to  notify the other States and convene the Executive 
Committee to examine the matter. 
 ARTICLE 24. (Convocation)   Within eight days of receiving the summary, SIECA shall convoke 
the Executive Committee to a meeting to be held within  thirty days of the date of the convocation and 
shall transmit to its members a copy of the summary.  
ARTICLE 25. (Statements by affected parties)   The State Party affected by the measure adopted 
shall, within fifteen days of being notified of  the convocation, submit to the Executive Committee 
through SIECA a duly substan tiated statement of the case. 
 ARTICLE 26. (Review)   Where, after receiving the reports, the Executive Committee at its meeting 
nevertheless considers that it re quires further items of evidence, it may collect such items through 
SIECA, which shall submit its report to the Committee within thirty days. 
 ARTICLE 27. (Recommendation of the Executive Committee)   Within thirty days of receipt of 
the corresponding report from SIECA, the Executive Committee sha ll make whatever 
recommendations it deems appropriate. 
 
CHAPTER III 
 
REGIONAL PROCEDURE 
 ARTICLE 28. (Regional procedure)   Where the industry of a State Party other than the importer is 
affected, at the request of the government concerned, a regional pr ocedure shall be instituted and 
conducted through SIECA.  The pro cedure shall be initiated as of the moment when SIECA receives 
the request from the State concerned, which shall be submitted in the original plus five copies and, as 
appropriate, in compliance with Article 6 of these Regulations.  G/ADP/N/1/GTM/3 
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  ARTICLE 29. (Notification)   Within ten days of receipt of the request, SIECA shall issue a 
resolution to proceed with the case and, within th e following ten days, shall forward a copy of the 
record to the investigating authority of the importi ng State Party, which shall proceed with the case in 
accordance with the provisions of Ch apter I of this Title.  The author ity shall begin reviewing the case 
as from the eighth day after SIECA transmitted the record. 
 ARTICLE 30. (Continuation of procedure)   If the importing State Party fails to initiate the 
investigation within the time-limit established in  the preceding Article, SIECA shall, within the 
following ten days, transmit a copy of the record to  the other States Parties and officially notify the 
interested parties, thereby initiating the regional procedure. 
 ARTICLE 31. (Time-limit for the investigation)   SIECA shall conduct the relevant investigation 
within the period established in Article 14 of th ese Regulations and may gather and request any 
evidence and reports it deems necessary, in particul ar from the exporters who are the subject of the 
complaint and from Central American producers and importers.  During the investigation period, any 
interested party may submit information or present written submissions.  ARTICLE 32. (Convocation and final resolution)   Within five days of the conclusion of the 
investigation, SIECA shall convene the Executive Co mmittee and transmit the record, together with a 
technical report and whatever recommendations it considers pertinent.  The Committee shall meet 
within the following fifteen days in order to settle the case definitively, by determining the individual 
or joint actions to be taken by the States Parties.  ARTICLE 33.  (Provisional measures)   Provided that the prerequisites set forth in Article 18 of 
these Regulations are fulfilled, SIECA may recomme nd the adoption of provisional measures.  The 
Executive Committee shall examine and decide on th is recommendation at its subsequent meeting. 
 ARTICLE 34. (Implementation of decisions)   The decisions of the Executive Committee 
establishing provisional or definitive anti-dumping or countervailing duties shall be implemented by 
the States Parties in accordance with their domestic legislation.  
ARTICLE 35.  (Cost of the regional investigation)   The costs of the regional investigation shall be 
borne by the domestic industry that brought th e action before the complainant State Party.  
 ARTICLE 36. (Harmonized procedure)   In addition to the special provisions established in this 
Chapter, the provisions of Chapters I and II of this Title shall apply, where a ppropriate, to the regional 
procedure. 
 
CHAPTER IV 
 
PROVISIONS COMMON TO CHAPTERS I, II AND III 
 ARTICLE 37. (Exceptional and provisional nature of measures)   Measures imposed pursuant to 
these Regulations shall be exceptional and temporary in  character as they shall be in force for as long 
as is necessary to counteract  the unfair business practice. 
 ARTICLE 38. (Causal link)   For a measure to be adopted, ther e must be a causal link within the 
meaning of the WTO Agreements. 
 ARTICLE 39. (Consistency)   The amount of any anti-dumping or countervailing duty applied shall 
be sufficient to redress the injury or prejudice but never greater than the estimated margin of dumping 
or the amount of the subsidy. G/ADP/N/1/GTM/3 
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ARTICLE 40. (Duration of definitive measures)   Any definitive anti-dumping or countervailing 
measure shall be phased out within a period of five years from the date of imposition of the provisional measure or, failing that, of the final resolution. 
 
 This time-limit may be extended on an exceptiona l basis, where it is demonstrated that the 
conditions which gave rise to th e measure continue to exist. 
  Once a measure has been adopted, it may be re viewed at any time during its implementation. 
 
ARTICLE 41. (Collection of duties)   Where an anti-dumping or countervailing duty is imposed on 
a product, it shall be collected on dumped or subsidized imports that are causing or threatening to cause material injury or serious prejudice to a dom estic industry, or material retardation of the 
establishment of a domestic industry, in accordance with these Regulations.  Insofar as possible, it 
shall be applied to the supplier or suppliers of the product concerned.  If, however, all of the suppliers 
are involved in the unfair business practice at issue, or it is impossible to distinguish between them, 
the measure shall apply to all suppliers in the country or countries in question. 
 ARTICLE 42. (Amount of the guarantee)   If the definitive anti-dumping or countervailing duty 
exceeds the amount of the guarantee, payment of the amount shall not be required.  If the definitive 
duty is less than the amount of the guarantee, an orde r shall be issued for prompt refund of the amount 
in excess.  ARTICLE 43. (Suspension of the investigation)   On the proposal of the investigating authority, the 
Minister may suspend or terminate the investigation at any stage when there are sufficient grounds for 
doing so, by issuing the corresponding resolution, wh ich shall be notified within ten days of being 
issued to the interested parties and SIECA, for th e latter to bring it to the attention of the Executive 
Committee.  ARTICLE 44. (Publication)   Resolutions in respect of the in itiation of an investigation and the 
imposition of provisional measures and the final resolution shall be published, once only, at the cost 
of the interested party, in one of the daily newspape rs with national circulation,  at the discretion of the 
investigating authority, and in the Official Journal of  the relevant State Party and, when being put into 
force, in the Official Journal of the Central American Integration System.  ARTICLE 45. (Notification)   As required by these Regulations and the WTO Agreements, the 
investigating authority shall notify procedural actions  to interested parties having information in the 
record, and shall continue to do so unless the party requests to be excluded from the process. 
  Where in the course of the investigation process the investigating authority is apprised of a 
new interested party, it shall invite that party to participate in the current stage of the proceedings. 
 
 Notifications from the investigating authority to the interested parties may be sent directly by 
fax, electronic mail, courier, or any other co mmunication medium as may allow confirmation of 
receipt.  ARTICLE 46. (Remedies)   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 instrume nts of Central American integration shall lie 
against decisions adopted by regional bodies.   G/ADP/N/1/GTM/3 
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  ARTICLE 47. (Dispute settlement)   A State Party which considers itself affected by the imposition 
of an anti-dumping or countervailing duty may refer the matter to the Central American Trade Dispute 
Settlement Mechanism or the WTO Dispute Settlement Body.  
TITLE III 
 
FINAL PROVISIONS 
 
ARTICLE 48. (Amendments to the Regulations)   The Council of Ministers shall be responsible for 
amending the provisions of these Regulations at the request of the States Parties or SIECA. 
  Each State Party shall submit a semi-annual report to the Executive Committee, through 
SIECA, on the implementation of this instrument.  
ARTICLE 49.  (Calculation of time-limits)   Unless otherwise specified, the time-limits established 
in these Regulations shall be calculated in calendar days.  Where the time-limit falls on a non-working 
day it shall be extended to the following working day.  ARTICLE 50.  (Suppletive application)   In cases not covered by these Regulations, States Parties 
may apply on a supplementary basis the provisions a nd principles of Central American integration, 
the provisions of public international law, and the general principles of law.  
 ARTICLE 51. (Epigraphs)   The epigraphs preceding the Articles of these Regulations are 
exclusively indicative and therefore ha ve no effect on their interpretation. 
 
ARTICLE 52. (Repeal clause)   Upon the entry into force of these Regulations, the Central 
American Regulations on Unfair Business Practices adopted by Resolution No. 12-95(COMRIEDRE-II) of 12 December 1995, as well as any other prior provisions inconsistent with these Regulations, shall be repealed.  
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