WORLD TRADE  
ORGANIZATION  G/ADP/Q1/SLV/5 
G/SCM/Q1/SLV/5 26 November 2008 
 
(08-5806) 
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 
 
Responses to Questions Posed by the UNITED STATES1 Regarding  
the Notification of EL SALVADOR2 
   The following communication, dated 24 November 2 008, is being circulated at the request of 
the delegation of El Salvador. 
 
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Question 1
 
 
 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 (Subsidies Agreement) sel f-implementing under El Salvador's law?  
Also, in potential cases of conflict betwee n the Anti-Dumping Agreement or Subsidies 
Agreement and the Regulations which legal authority takes precedence? 
 
Response
 
 
Yes, both the Agreement on Implementation of  Article VI of the General Agreement on 
Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing Measures are 
self-implementing under El Salvador's law. 
 
 In accordance with Articles 144 ff. of the El Sa lvador's Constitution, in the event of conflict 
between the aforementioned WTO Agreements and the Central American Regulations on Unfair Business Practices (hereinafter the Regula tions), the former will take precedence. 
 Question 2
 
 
 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 requi red to register as an "interested party" under El Salvador's 
law and, if so, what will be the time limit for such registration?  
                                                     
 
1 G/ADP/Q1/SLV/4-G/SCM/Q1/SLV/4. 
2 G/ADP/N/1/SLV/3- G/SCM/N/1/SLV/3. G/ADP/Q1/SLV/5 
G/SCM/Q1/SLV/5 Page 2 
 
 
  Response
 
  El Salvador's legislation does not require "i nterested parties" to register as parties to 
anti-dumping or countervailing duty proceedings. 
 
 This does not obviate the need for an interest ed party to identify itself as such with the 
investigating authority, and any party seeking legal representation must submit the relevant 
documentation accrediting its legal representative.  Question 3
 
 
 Article 11 (Resolution for the initiation of an investigation) of the Regulations does not 
make clear who will receive notification of the investigation initiation, time limits interested 
parties will have to respond to the notification  nor who will receive questionnaires following the 
decision to initiate an investigation.  
(a) Could El Salvador please clarify whether a ll interested parties will be notified or 
whether only those parties named as defendants will be notified of the investigation initiation? 
 Response
 
  At the end of Article 11 of the Regulations it is explained that the resolution for the initiation 
of an investigation will be notified w ithin ten days of its date of issue to the interested parties of which 
the investigating authority has reasonable knowle dge.  Under Article 1 ("Definitions") of the 
Regulations, interested parties are those refe rred to in Article 6.11 of the Agreement on 
Implementation of Article VI of the General Ag reement on Tariffs and Trade 1994 (Anti-Dumping 
Agreement) and Article 12.9 of the Agreem ent on Subsidies and Countervailing Measures, 
respectively.  
 
(b) Please clarify who will receive the questionnaires 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. 
 
Response
 
 
 Article 11 of the Regulations must be interpre ted in conjunction with the provisions of the 
WTO Anti-Dumping Agreement and the WTO Agreement on Subsidies and Countervailing Measures.   Pursuant to Article 11(h), it is understood that the resolution for the initiation of an 
investigation shall indicate the time-limit grante d to the defendants and, where appropriate, the 
foreign government or governments mentioned, to submit whatever 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 Agre ement.  Article 11(i) of the Central American 
Regulations further specifies that the resolution fo r the initiation of an investigation shall contain 
determination of the information that is to be re quested from the "interested parties" in questionnaires 
and forms.  It is understood that questionnaires and forms will be submitted in accordance with the 
relevant provisions of Article 6 of the WTO Anti-Dumping Agreement and Article 12 of the 
WTO Agreement on Subsidies and Countervailing Measures.   G/ADP/Q1/SLV/5 
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  Question 4  
 
 Article 12 (Records and access thereto) and Article 13 (Confidentiality) of the 
Regulations refer to the access that interested  parties 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?  
Response
 
  Article 12 of the Regulations establishes that inte rested parties, their representatives and 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.   As to confidential information provided by an y of the parties, access is restricted to the 
investigating authority and to the party that supplie d the information;  that is to say, confidential 
information is not available to all interested parti es in the proceedings but solely to the party that 
provided the information. 
  It is important to mention that under Article  13 of the Regulations, any interested party 
supplying confidential information is required to furnish a non-confidential summary that is 
sufficiently explicit for the other interested partie s to have a clear understanding of the information 
provided. 
  In its handling of confidential information, th e investigating authority must comply with the 
provisions of the Regulations as well as those of  Article 6.4 of the Anti-Dumping Agreement. 
 
Question 5
 
 
 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 those 
decisions into effect, and publishing the p reliminary 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 co nfirm that El Salvador will include all such 
information in its published preliminary and final decisions. 
 
Response
 
 
 Article 4 of the Regulations provides that a ll substantive and procedural aspects relating to 
unfair business practices and not covered by the Regula tions shall be determined by the provisions of 
the instruments referred to in Article 2 of the Re gulations, that is, the Anti-Dumping Agreement and 
the Agreement on Subsidies and Countervailing Measures.   Article 2 of the Regulations refers to the 
WTO Agreements regulating the subject.  During investigation proceedings, El Salvador must G/ADP/Q1/SLV/5 
G/SCM/Q1/SLV/5 Page 4 
 
 
  therefore ensure that the provisions of Article 12.2 of the Anti-Dumping Agreement and Article 22.3 
and 22.5 of the Agreement on Subsidies and Counte rvailing Measures, respectively, are observed.  As 
explained above, the WTO Agreements on this subject are part of national legislation. 
 Question 6
 
 
 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. 
 
Response
 
  In accordance with Article 11 of the WTO An ti-Dumping Agreement and Article 21 of the 
WTO Agreement on Subsidies and Countervailing Measure s, interested parties may indeed request a 
review of the measure by submitting a written request to the investigating authority. 
 
(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? 
 
Response
 
  Reviews conducted pursuant to Article 11.2 of  the Anti-Dumping Agreement and Article 21.2 
of the Agreement on Subsidies and Countervailing Measure s would lead either to adjustment or to full 
removal of the anti-dumping or countervailing duties. 
 
(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? 
 
(i) If the expiry review must be requested, who can request it and what 
procedures will be followed to conduct the expiry review? 
 
 (ii) If no expiry review is requested , will the measure automatically terminate?  
 
Response
 
 
 Under Article 11.3 of the Anti-Dumping Agre ement and Article 21.3 of the Agreement on 
Subsidies and Countervailing Measures, definitiv e anti-dumping or countervailing duties must be 
terminated on a date not later than five years from that of their imposition, unless the authorities 
determine, in a review initiated before that date either ex officio or upon a duly substantiated request 
made by or on behalf of the domestic industry, th at the dumping or subsidy and the injury would 
continue or recur if the duty were removed. 
  The measure will expire within the maximum pe riod that it can remain in force according to 
the final resolution under which it was imposed, in the absence of a request for a review from a party  G/ADP/Q1/SLV/5 
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  or on behalf of the domestic industry, and where the investigating authority does not decide to initiate 
a review ex officio.  
Question 7
 
 
 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 El Salvador with regard to the provision of 
remedies are now superseded by these Regulation s.  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 and be cons istent with Article 14 of the Anti-Dumping 
Agreement. 
 
Response
 
  Article 46 clarifies which legislation applies wh en interested parties seek to challenge the 
decisions adopted by investigating authorities.  
 In the case of the procedures in Chapters I (Procedure in Trade Relations with Third 
Countries) and II (Procedure in Intra-Regional Trad e Relations) of the Regulations, the remedies 
available to interested parties would be those provi ded for in the domestic legislation of the country 
that imposed the measure.  
 In the case of the regional procedure in Chap ter III of the Regulations, however, the remedies 
would be those provided for in the Cent ral American Integration instruments. 
  Where a request for the adoption of anti-dumping measures comes from a country other than a Central American State Party, the Salvadoran au thority must apply Article 14 of the Anti-Dumping 
Agreement and the relevant provisions of the Regul ations, throughout the course of the proceedings. 
 
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