WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CRI/10 
G/SCM/Q1/CRI/10 17 June 2008 
 
(08-2817) 
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 COSTA RICA2 
   The following communication, dated 6 June 2008, is being circulated at the request of the 
delegation of Costa Rica. 
 
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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 (Subsid ies Agreement) self-implementing under Costa Rican law?  
Also, in potential cases of conflict betwee n the Anti-Dumping Agreement or Subsidies 
Agreement and the Regulations which legislation would have precedent?  
 
Response
 
  Yes, the Agreement on Implementation of Artic le VI of the General Agreement on Tariffs 
and Trade 1994 and the WTO Agreement on Subsidies and Countervailing Measures are self-implementing under Costa Rican law.  Both  legal instruments are complementary and 
supplementary to the Central American Regulations  on Unfair Business Practices (hereinafter "the 
Regulations").  
Question 2 
 
Please clarify whether anti-dumping and countervailing duty proceedings currently in 
progress, as well as potential reviews of definitive measures, shall be governed by the prior Regulations on Unfair Business Practices or by the newly-notified  Regulations . 
 
Response
 
 
 It is important to emphasize that the notifica tion concerns amendments to the existing Central 
American Regulations.  Therefore, the recently notif ied Regulations are not act ually new Regulations.  
In any event, Costa Rica does not have any anti-dum ping or countervailing duty proceedings currently 
                                                      
1 G/ADP/Q1/CRI/7 – G/SCM/Q1/CRI/7. 
2 G/ADP/N/1/CRI/3. G/ADP/Q1/CRI/10 
G/SCM/Q1/CRI/10 Page 2 
 
 
  in progress, and any new investigation shall be gove rned by the Regulations in force, in which the 
amendments in question are already incorporated.  
Question 3 
 
 Article 1 (Definitions) of the Regulations  defines 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?  
 Response
 
  It should be pointed out that the Regulations provide for three distinct procedures:  (i) the 
Procedure in Trade Relations with Third Countries (Cha pter I of the Regulations);  (ii) the Procedure 
in Intra-Regional Trade Relations (Chapter II of th e Regulations);  and (iii) the Regional Procedure 
(Chapter III of the Regulations). 
  In the procedures established in Chapters I a nd II of the Regulations, each country has its own 
investigating authority to conduct anti-dumping a nd/or countervailing duty investigations.  Only 
under the regional procedure laid down in Chapte r III of the Regulations will there be a regional 
investigating authority, which in this instance woul d be SIECA.  The regional procedure has not been 
used to date.  SIECA would play the same role as a national investigating authority, that is to say, it 
would have the same powers and obligations  as any other investigating authority. 
  Another significant point is that the regi onal procedure established 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 Costa Rican law 
and, if so, what will be the time limit for such registration?  
 
Response
 
 No, there is no obligation under Costa Rican law fo r interested parties to register as parties to 
anti-dumping or countervailing duty proceedings. 
  G/ADP/Q1/CRI/10 
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  Question 5 
 
Article 11 (Resolution for the initiation of an investigation) of the Regulations  does not 
make clear who will receive questionnaires following  the resolution to initiate an investigation.  
 
a. Please clarify who will receive the questio nnaires 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
 
  The questionnaires will be sent to exporters  and foreign producers depending on the 
information which the investigating authority deem s to be necessary.  The time-limits for responding 
to the questionnaires will be regulated by the prov isions of Article 6.1.1 and footnote 15 of the 
Anti-Dumping Agreement and Article 12.1.1 and footnote 40 of the Agreement on Subsidies and 
Countervailing Measures.  
b. Could Costa Rica also please clarify whethe r all interested parties will be notified 
or whether only those parties named as defendants will be notified of the 
investigation initiation? 
 
Response
 
  All interested parties of which the investig ating authority has reasonable knowledge will be 
notified within 10 days of the date of issue of the resolution initiating the investigation. 
 
c. Article 11 notes that interested parties 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?  
 Response
 
  Costa Rica's legislation provides that interested parties may lodge an appeal for reversal of the 
decision to formally commence the investigation.  The objection could be based on the fact that the 
initiating resolution does not meet the formal and su bstantive requirements under the Regulations, the 
Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures. 
 
Question 6 
 
 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?  
 G/ADP/Q1/CRI/10 
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  Response
 
  The investigating authority's treatment of confidential information is governed by Articles 12 and 13 of the Regulati ons and Article 6.4 of the WTO Anti-Dumping Agreement, since, as 
explained above, both legal instruments ar e self-implementing under Costa Rican law. 
 
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 import ers".  Please confirm that Cost a Rica will include all such 
information in its published preliminary and fi nal resolutions or will otherwise make such 
information available to interested parties dur ing the course of a proceeding, and publicly 
available following a final determination of a proceeding.  
 
Response
 
 
 As explained earlier, the WTO Anti-Dum ping Agreement is self-implementing under 
Costa Rican law and application of the Agreement is therefore complementary and supplementary to 
that of the Regulations.  Accordingly, it is a requirement to include in preliminary and final 
resolutions all the information referred to in Article 12.2 of the Anti-Dumping Agreement and 
Articles 22.3 and 22.5 of the Agreement on Subsidies and Countervailing Measures. 
 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 w ill be able to request a review of the 
measure and what specific steps an intereste d party would have to take to request 
a review. 
 Response
 
  Interested parties may request a review of the measure under Article 11 of the Anti-Dumping 
Agreement and Article 21 of the Agreement on S ubsidies and Countervailing Measures by submitting 
a written request to the investigating authority. 
 
b. Please provide a description of the natu re 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 w ill reviews only determine whether the 
measure should be revoked?   G/ADP/Q1/CRI/10 
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Response  
  The outcome of reviews conducted in accordan ce with Article 11.2 of the Anti-Dumping 
Agreement and Article 21.2 of the Agreement on Subsidies and Countervailing Measures would be 
either adjustment or full termination 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?  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? 
 
Response
 
 
 As stipulated in Article 11.3 of the An ti-Dumping Agreement and Article 21.3 of the 
Agreement on Subsidies and Countervailing Measur es, definitive 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, that the dumping or subsidy and 
the injury would be likely to continue  or recur if the duty were removed. 
  In the absence of a request for review by a party or on behalf of the domestic industry, and 
where the investigating authority does not decide to initiate a review ex officio , the measure will 
expire within the maximum period that it can remain  in force according to the final resolution under 
which it was imposed. 
 
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 the interested party refused to pay?  Please identify which 
national newspapers would publish these notificati ons, as well as where the Official Journal of 
the Central American Integratio n System can be located online.  
 Response
 
  Article 44 of the Regulations provides that th e interested party shall cover the cost of 
publication in a national newspaper – not that of ma ndatory publication in the Official Journal of the 
State Party imposing the measure or the Official Jour nal of the Central American Integration System.  
If the interested party refuses to cover the cost of publication in a national newspaper, the resolution 
will simply not appear other than through publicati on in the official journals, as is always the case.  
The national dailies among which any interested part y may choose to have notifications published are 
La Nación , La República , La Prensa Libre  and Diario  La Extra .  As stated in Article 44, publications 
in the Official Journal of the Central American Integration System will be made as soon as it enters 
into operation, which is not yet the case. 
 
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 G/ADP/Q1/CRI/10 
G/SCM/Q1/CRI/10 Page 6 
 
 
  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  Costa Rica 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.  
 
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 Trade Relations) of the 
Regulations, the remedies available to interested pa rties would be those provided for in the domestic 
legislation of the country that imposed the measure.  In the case of the regional procedure in 
Chapter III, the remedies would be those provi ded for in the Central American Integration 
instruments.  
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