WORLD TRADE  
ORGANIZATION  G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 
G/SG/N/1/DOM/2/Suppl.1 
4 March 2009 
 (09-1096) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Committee on Safeguards Original:   Spanish 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
 
DOMINICAN REPUBLIC 
 
Supplement
 
  
 The following communication, dated 13 February 2009, is being circulated at the request of 
the delegation of the Dominican Republic.  
_______________ 
 
 
IMPLEMENTING REGULATIONS FOR LAW NO.1-02 ON UNFAIR 
TRADE PRACTICES AND SAFEGUARD MEASURES 
 
PART I 
GENERAL PROVISIONS 
 
CHAPTER I 
PURPOSE, INSTITUTIONAL FRAMEWORK AND ORGANIZATION 
 
Article 1.   The purpose of these Regulations is to defi ne the criteria and identify the administrative 
procedures to be observed by the Commission for the Regulation of Unfair Trade Practices and 
Safeguard Measures in relation to the imposition of  anti-dumping or countervailing duties and the use 
of safeguard measures by the Dominican Republic.  Article 2.   The Commission shall have competence thr oughout the Dominican Republic.  It shall be 
domiciled in Santo Domingo, National District. 
 
Article 3.   The Commission shall be composed of five  (5) members appointed by the Executive for a 
term of four (4) years in accordance wi th the criteria laid down in the Law. 
 Paragraph.   The Commission shall appoint an Executive Director and the staff for the technical and 
administrative structure required for the performance of its statutory functions.  The post descriptions 
and the criteria to be met by the candidates shal l be determined in the Commission's Operating 
Regulations.  Article 4.   The structure of the Commission shall include, inter alia , an Investigations Department 
composed of professionals with recognized cap acity, experts in international trade and of 
irreproachable moral standing. G/ADP/N/1/DOM/3/Suppl.1 
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First paragraph.   The Investigations Department shall pr esent the findings of its investigations and 
make proposals and recommendations to the Commission. 
 
Second paragraph.   After having been empowered by the Commission, the Investigations 
Department shall be responsible for registration, filing, notifications, procedures at hearings, 
verification of documentation, keeping the archiv es and supervising the procedures followed in each 
case. 
 
Article 5 .  The Commission shall be r esponsible for deciding on the initiation and conduct of the 
investigations prescribed in the Law and these Regulations for the purpose of determining the 
application of provisional and/or definitive an ti-dumping or countervailing duties and safeguard 
measures, as appropriate, as well as for evaluating price undertakings and term inating investigations 
on the adoption of measures, their modification and the granting of extensions, by means of an 
investigation undertaken in accordance with th e procedures laid down in these Regulations. 
 Article 6.   The Commission shall be responsible for dete rmining the existence of dumping, subsidies 
or increased imports, injury and the causal link,  as well as for establishing anti-dumping or 
countervailing duties and safeguard measures followi ng an investigation undertaken in accordance 
with the administrative procedure laid down in these Regulations. 
 Article 7.   The Commission shall hold regular sessions at least once every two weeks.  Regular 
sessions shall be convened in writing wi th five (5) days prior notice. 
 
Paragraph.   The Commission may, however, hold a speci al session when convened by its president 
or by one of its members.  Special sessions sha ll be convened in writing w ith two (2) days prior 
notice.  Article 8.   The agenda for the Commission's regular meetings, together with the relevant 
accompanying documents, shall be given to members at  least three (3) days in advance.  For special 
sessions, they shall be given one (1) day in advance. 
 Article 9.   Sessions of the Commission shall be valid if four (4) members are present.  Decisions shall 
be final if they are adopted by an absolute majo rity of the members present.  If the votes are equally 
divided, the vote of the President of the Commission shall be decisive. 
 
First paragraph.   For the purpose of adopting decisions in the Commission, it shall be considered 
that three (3) members ar e an absolute majority. 
 Second paragraph.   Members may justify their conclusions individually if they do not agree with the 
final decision adopted.  The grounds for votes against decisions shall be given and noted in the 
decision. 
 Article 10.   Members of the Commission who are blood rela tions to the fourth degree or relations by 
affinity to the second degree of any of the partie s involved or who have maintained professional or 
commercial relations with, or have worked under th e authority of, any such party over the previous 
five (5) years shall not be permitted to pa rticipate in any part of the procedure. 
 First paragraph.   In any such case, the Commission, in  a written resolution addressed to the 
President of the Supreme Court of Justice, through its Civil and Commercial Chamber, shall request the appointment of the required provisional alternate.  G/ADP/N/1/DOM/3/Suppl.1 
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Second paragraph.   The Civil and Commercial Chamber of  the Supreme Court of Justice shall 
appoint the required provisional alternate, who shall only be entitled to examine details relating to the 
specific case that has given rise to the conflict of in terest.  The said provisional alternate shall be an 
attorney or economist with recognized expertise in the issues within the competence of the 
Commission.  Third paragraph.   The Civil and Commercial Chamber of th e Supreme Court of Justice shall appoint 
the required provisional alternate within three (3) da ys of receiving the resolution transmitted by the 
Commission.  Fourth paragraph.   If the Civil and Commercial Chamber of the Supreme Court of Justice fails to 
appoint the required provisional alternate within the period prescribed in the preceding paragraph, 
nothing shall prevent the Commission from examin ing the case in question in accordance with the 
provisions of Article 9 of these Regulations.  Article 11.   Both general and specific decisions by  the Commission relating to investigation 
procedures that affect third or interested parties sha ll be issued in the form of a resolution, which shall 
be dated, numbered consecutively and reco rded on a medium available to the public. 
 
Paragraph.   Resolutions by the Commission shall be duly s ubstantiated in order to inform interested 
parties of the legal and factual bases underpinning the decision.  Article 12.   The Commission shall notify interested par ties in writing of resolutions issued in 
connection with the procedures referred to in the Law and in these Regulations.  Such notification 
shall be made no later than five (5) days of the date of the resolution. 
 Paragraph.   Notifications require acknowledgment of receipt of the corresponding dispatch.  
Acknowledgements of receipt, with the certified part s returned, shall be placed in the administrative 
file, along with any other record of receipt. 
 
Article 13.   For the purposes of Article 88 of the Law, decisions taken by the Commission relating to 
anti-dumping or countervailing duties and safeguard measures may be appealed before the Tax and 
Administrative Litigation Tribunal within thirty (30) days of the date of issue.  
Article 14.   The Commission shall transmit the file cont aining non-confidential information to the 
Tax and Administrative Litigation Tribunal within fi ve (5) days of the date on which the Tribunal 
notified the lodging of an appeal ag ainst a decision by the Commission. 
 Article 15.   The Tax and Administrative Litigation Tr ibunal shall promptly ensure that the 
administrative procedures followed by the Commission when determining anti-dumping or 
countervailing duties or safeguard measures compli ed with the provisions of the Law and these 
Regulations.  Article 16.   Submission of the appeals provided in this Chapter shall not have any suspensive effect 
on the anti-dumping or countervailing duties or safegua rd measures laid down in the Law and in these 
Regulations. 
 Article 17.   The Commission, through the Permanent Mission of the Dominican Republic to the 
World Trade Organization (WTO), shall notify the competent WTO Committees of the application of 
anti-dumping or countervailing duties or safeguard measures, pursuant to the provisions of the G/ADP/N/1/DOM/3/Suppl.1 
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  Agreement on Implementation of Article VI of GATT 1994, the Agreement on Subsidies and 
Countervailing Measures, and the Agr eement on Safeguards, respectively. 
 
CHAPTER II 
DEFINITIONS 
 
Article 18.   For the purposes of these Regulations, the following definitions shall apply: 
 
 (i) "WTO Agreements":  the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994, the Agreement on Subsidies and 
Countervailing Measures and the Agreement on Safeguards of the World Trade Organization (WTO); 
 
 (ii) "Threat of injury":  in the case of dumping or subsidies, the clearly foreseen and 
imminent change in circumstances which would create a situation in which the dumped or subsidized imports would cause mate rial injury to the domestic industry.  
It shall be based on facts and not merely on allegation, conjecture or remote possibility, 
 
 (iii) Threat of serious injury":  in the case of safeguards, serious injury that is clearly 
imminent, based on facts and not merely on allegation, conjecture or remote possibility; 
  (iv) "Import charges":  the customs duties, other levies and taxes not mentioned in this 
Article and imposed on imports; 
  (v) "Commission":  the Commission for the Regulation of Unfair Trade Practices and 
Safeguard Measures established pursuant to Law No. 1-02 of 18 January 2002; 
  (vi) "Full amount of the subsidy":  the absolute monetary value, in terms of 
Dominican pesos, of the benefit received by a person eligible for a subsidy or subsidy 
programme on which countervailing measure s may be imposed and which is under 
investigation; 
  (vii) "Injury":  in the case of dumping or s ubsidies, the adverse effects on a domestic 
industry caused by "dumped" imports or any type of specific subsidy in the terms 
described in the Law; 
  (viii) "Serious injury":  in the case of saf eguards, a significant overall impairment in the 
position of a domestic industry; 
 
 (ix) "Anti-dumping duty":  the special duty imposed in order to offset or prevent dumping 
of any product subject to such a practice,  but the duty may not exceed the margin of 
dumping with respect to the product concerned; 
  (x) "Countervailing duty":  the special duty imposed for the purpose of offsetting any 
subsidy of a type regulated by the Law or these Regulations granted directly or 
indirectly for the manufacture, production or export of any merchandise; 
  (xi) "Domicile":  in the case of natural persons, their main place of business or that of 
their legal representative.  In the case of le gal persons, the site of their head office or  G/ADP/N/1/DOM/3/Suppl.1 
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  that of their representative.  For legal persons  resident abroad, the site of their head 
office in their own country or the office known to the Commission or, in its absence, the office specified by the interested party; 
 
 (xii) "Dumping":  a product is considered as having been dumped when it is introduced 
into the commerce of the Dominican Republic at less than its normal value, if the 
export price of the product exported from a country of origin or source to the 
Dominican Republic is less than the comparable  price, in the ordinary course of trade, 
for the like product when destined for consumption in the exporting country; 
  (xiii) "GATT 1994":  the General Ag reement on Tariffs and Trade 1994; 
  (xiv) "Confidential information":  informati on whose disclosure would be of significant 
competitive advantage to a competitor or would have a significantly adverse effect 
upon a person supplying the information or upon a person from whom the latter acquired the information; 
  (xv) "Direct taxes":  taxes on wages, prof its, interest, income, fees or royalties and any 
other form of income, as well as real estate tax; 
 
 (xvi) "Indirect taxes":  sales, consumption,  turnover, value added, franchise, stamp, 
transfer, inventory and equipment taxes, border taxes and all taxes other than direct taxes and import charges; 
 
 (xvii) "Law":  Law No. 1-02 on Unfair Trade Practices and Safeguard Measures of 
18 January 2002; 
  (xviii) "Margin of dumping":  the difference between the export price and the normal value 
on the basis of a comparison of both pursu ant to the provisions of these Regulations; 
 
 (xix) "WTO":  the World Trade Orga nization, whose headquarters are in 
Geneva, Switzerland; 
  (xx) "Interested parties":  exporters, fo reign producers or impor ters of a product under 
investigation, or trade or business associations a majority of the members of which 
are producers, exporters or importers of  such product;  the government of the 
exporting country;  industrial users and consumers of the product under investigation and producers of the like product in the importing country or trade or business associations a majority of the members of which produce the like product in the territory of the importing country. 
 
 (xxi) "Unfair trade practices":  in terms of  international trade, this covers dumping or 
subsidies which cause or threaten to cause injury to a domestic industry; 
  (xxii) "Export price":  without prejudice to the provisions of Article 12 of the Law, the 
comparable price actually paid or payable for the product sold for export to the 
Dominican Republic; 
  (xxiii) "Like product":  a product which is id entical, i.e. alike in all respects to the product 
under consideration or, in the absence of such a product, another product which, G/ADP/N/1/DOM/3/Suppl.1 
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  although not alike in all respects, has charact eristics closely resembling those of the 
product under consideration; 
 
 (xxiv) "Directly competitive product":  a product whose physical characteristics and 
composition differ from those of the imported product but which fulfils the same functions, meets the same needs and is commercial substitutable; 
  (xxv) "Related producers":  producers are deemed to be related to producers or importers if:  
(a) one of them directly or indirectly cont rols the other;  or (b) both of them are 
directly or indirectly controlled by a third person;  or (c) together they directly or 
indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relati onship is such as to cause the producer 
concerned to behave differen tly from non-related producers; 
 
 (xxvi) "Domestic industry in the case of dump ing or subsidies":  domestic producers as a 
whole of the like products or those of th em whose collective output of the products 
constitutes a major proportion of the total domestic production of those products; 
  (xxvii) "Domestic industry in the case of safeg uard measures":  producers as a whole of the 
like or directly competitive products oper ating within the Dominican Republic, or 
those whose collective output constitutes a major proportion of the total domestic production of those products; 
  (xxviii) "Safeguards":  in these Regulations, pursu ant to the Law, the word "safeguards" shall 
have the same meaning as the word " safeguards" in the WTO Agreement on 
Safeguards; 
  (xxix) "Specific subsidies":  subsidies lim ited to certain enterprises located within a 
designated geographical region within the ju risdiction of the granting authority.  
Prohibited subsidies shall also be deemed to  be specific subsidies.  The setting or 
change of generally applicable tax rates by  all levels of government entitled to do so 
shall not be deemed to be a specific s ubsidy for the purposes of these Regulations; 
  (xxx) "Prohibited subsidies":  subsidies continge nt, in law or in fact, whether solely or as 
one of several other conditions, upon expor t performance and subsidies contingent, 
whether solely or as one of several other conditions, upon the use of domestic over 
imported goods; 
  (xxxi) "Amount of the subsidy":  in connec tion with a subsidy or subsidy programme, the ad 
valorem  amount of the subsidy on the product under investigation; 
 
 (xxxii) "Normal value":  the price for the product concerned in the ordinary course of trade 
when destined for consumption in the market of the exporting country.  Where 
circumstances do not allow the normal va lue to be calculated, pursuant to 
WTO guidelines, these Regulations prescrib e other methods for determining the 
normal value; 
 
 (xxxiii) "Sales not in the ordinary course of trade":  sales at prices below per unit (fixed and 
variable) costs of production plus administ rative, selling and general costs over an 
extended period of time (normally one year but in no case less than six months) in substantial quantities, as well as sales to third parties related to an exporter under  G/ADP/N/1/DOM/3/Suppl.1 
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  investigation and the sale of an enterprise th at is being liquidated to an independent 
buyer. 
 
PART II 
DUMPING 
 
CHAPTER I 
DETERMINATION OF DUMPING 
 
Article 19.   Subject to the provisions of Article 12 of the Law governing fair comparison, the 
existence of margins of dumping during the inves tigation phase shall normally be established on the 
basis of a comparison of a weighted average normal value with a weighted average of prices of all 
comparable export transactions or by a comparison of the normal value and export prices on a 
transaction to transaction basis. 
 Article 20.   A normal value established on a weighted average basis may be compared to prices of 
individual export transactions if the authorities find a pattern of export prices which differ 
significantly among different purchasers, regions or time  periods, and if an explanation is provided as 
to why such differences cannot be taken into account appropriately by the use of a weighted average 
to weighted average or transaction to transaction comparison. 
 
CHAPTER II 
DETERMINATION OF THE NORMAL VALUE 
 Article 21.   Subject to the provisions of Article 9 of the Law on determination of the normal value, 
the Commission may determine the normal value on the basis of the comparable price paid or 
payable, in the ordinary course of trade, for the like product when destined for consumption in the country of origin when, for example, the products ar e simply in transit through the country of export 
or are not produced or there is no comparable pri ce for them in the country of export.  If the 
Commission applies this Article in order to determin e the normal value on the basis of the country of 
origin, it shall be considered that the references to  the exporting country in Articles 9, 10 and 13 of the 
Law mean the country of origin.  Article 22.   Subject to the provisions of Article 2.2 of the Anti-Dumping Agreement, costs shall 
normally be calculated on the basis of records kept  by the exporter or producer under investigation, 
provided that such records are in accordance with the generally accepted accounting principles of the 
exporting country and reasonably reflect the costs associated with the production and sale of the 
product under consideration.  Article 23.   For the purposes of Articles 10 and 13 of the Law, the amounts for administrative, selling 
and general costs and for profits shall be based on ac tual data pertaining to production and sales of the 
like product in the ordinary course of trade by th e exporter or producer under investigation.  When 
such amounts cannot be determined on this basi s, they may be determined on the basis of: 
  (i) The actual amounts incurred and realized by the exporter or producer in question in 
respect of production and sales in the domestic market of the country of origin of the 
same general category of products; 
  (ii) the weighted average of the actual amounts incurred and realized by other exporters 
or producers subject to investigation in respect of production and sales of the like product in the domestic market of the country of origin;  or G/ADP/N/1/DOM/3/Suppl.1 
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 (iii) any other reasonable method, provided th at the amount for profit so established shall 
not exceed the profit normally realized by other exporters or producers on sales of 
products of the same general category in the domestic market of the country of origin 
of the like product. 
 First paragraph.   The Commission shall consider all ava ilable evidence on the proper allocation of 
costs, including that which is made available by the exporter or producer in the course of the 
investigation provided that such allocations have  been historically utilized by the exporter or 
producer, in particular in relation to establishi ng appropriate amortization and depreciation periods 
and allowances for capital expenditur es and other development costs. 
 Second paragraph.   Unless already reflected in the cost allocations under this Article, the 
Commission shall adjust costs appropriately for tho se non-recurring items of cost which benefit future 
and/or current production or for circumstances in wh ich costs during the period of investigation are 
affected by start-up operations.  The adjustment made for start-up operations shall reflect the costs at the end of the start-up period or, if that period ex tends beyond the period of investigation, the most 
recent costs which can reasonably be taken into acco unt by the Commission during the investigation. 
 
Article 24.   The normal value or comparable price referred to in Articles 9 to 15 of the Law shall be 
determined in accordance with the provisions in th ose Articles.  For products imported from countries 
deemed by the Commission to be non-market economi es, the normal value shall be determined in 
accordance with Article 15 of the Law.  
First paragraph.   Substitute country shall mean a third count ry with a market economy similar to the 
exporting country.  The similarity between the subs titute country and the exporting country shall be 
defined fairly in such a way that the normal valu e in the exporting country can be compared on the 
basis of the domestic price in the substitute count ry.  For the purposes of selecting the substitute 
country, in particular, economic criteria such as the cost of factors used intensively in producing the good investigated shall be taken into account. 
 
Second paragraph.   The product used to determine the norma l value must originate in the substitute 
country.  If the normal value is determined according to the export price in a substitute country, the 
price shall apply to a market other than the Domini can Republic.  If there is no substitute country with 
a similar economy in which products like those exported by the other market economy country are 
produced, the market in the Dominican Re public itself may be taken as a substitute. 
 
CHAPTER III 
DETERMINATION OF THE EXPORT PRICE 
 
Article 25.   Taking into account Article 11 of the Law, if there is no export price or where the 
Commission deems that the export price is unrelia ble because there is association or a compensatory 
arrangement between the exporter and the importer or a third party:   (i) The export price may be constructed on the basis of the price at which the imported 
products are first resold to an independent buyer;  or 
 
 (ii) if the products are not resold to an independent buyer or are not resold in the 
condition in which they were imported, on such reasonable basis as the Commission 
may determine. 
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  Paragraph.   When the Commission determines the normal value on the basis of the country of origin, 
the export price shall be the price actually paid or  payable for the product under investigation when 
sold for export in the country of origin. 
 
CHAPTER IV 
DETERMINATION OF INJURY AND THE CAUSAL LINK 
 
Article 26.   A determination of injury for the purposes of these Regulations shall be based on positive 
evidence and involve an objective examination of: 
  (i) The volume of the dumped imports;   (ii) the effect of the dumped imports on pri ces in the domestic market for like products;  
and 
  (iii) the consequent impact of these imports on domestic producers of such products.  Article 27.   With regard to the volume of the dumped imports, the Commission shall consider 
whether there has been a significant increase in dumped imports, either in absolute terms or relative to 
production or consumption in the Dominican Republic. 
 Article 28.   With regard to the effect of the dumped  imports on prices in the Dominican Republic, the 
Commission shall consider:  
 (i) Whether there has been significant pr ice undercutting by the dumped imports as 
compared with the price of a like domestic product;  or 
  (ii) whether the effect of such imports is otherwise to depress prices to a significant 
degree;  or 
 
 (iii) prevent price increases which otherwise would have occurred to a significant degree. 
 Article 29.   Where imports of a like product from more than one country are simultaneously subject 
to anti dumping investigations, the Commission may cumulatively assess the effects of such imports 
on the domestic industry only if it determines that: 
 
 (i) The margin of dumping established in relation to the product under investigation for 
each country is more than de minimis  and the volume of imports of the product under 
investigation from each country is not negligible; 
  (ii) a cumulative assessment of the effects of  the imports is appropriate in light of the 
conditions of competition between the im ported products and the conditions of 
competition between the imported produc ts and the like domestic product; 
  (iii) the effect of such imports is otherwis e to depress prices to a significant degree or 
prevent price increases which otherwise would have occurred to a significant degree 
 
Article 30.   The examination of the impact of the dumped imports on the domestic industry concerned 
shall include an evaluation by the Commission of all relevant economic fact ors and indices having a 
bearing on the state of the industry, including:  G/ADP/N/1/DOM/3/Suppl.1 
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   (i) Actual and potential decline in sales, profits, output, market share, productivity, 
return on investments, or utilization of capacity; 
 
 (ii) factors affecting domestic prices; 
  (iii) the magnitude of the margin of dumping;   (iv) actual and potential negative effects on cash flow, inventories, employment, wages, 
growth, ability to raise capital or investment. 
 Paragraph.   This list is not exhaustive, nor can one or several of these factors necessarily give 
decisive guidance  
Article 31.   The Commission shall assess the effect of the dumped imports in relation to the 
Dominican Republic's domestic production of the like  product when available data permit the separate 
identification of that production on the basis of  such criteria as the production process, producers' 
sales and profits.  Paragraph.   If such separate identificat ion of that production is not possible, the Commission shall 
assess the effects of the dumped imports by examin ing production of the narrowest group or range of 
products which includes the like domestic product a nd for which the necessary information can be 
provided.  Article 32.   The Commission shall base its determination of a threat of material injury on facts and 
not merely on allegation, conjecture or remote possi bility.  The change in circumstances which would 
create a situation in which the dumping would cause injury must be clearly foreseen and imminent. 
 Article 33.   When determining a threat of material injury , in addition to the factors identified in this 
Chapter, the Commission shall take into account other factors such as: 
 
 (i) A significant rate of increase of dumped imports into the domestic market indicating 
the likelihood of substantially increased importation; 
  (ii) sufficient freely disposable, or an immi nent, substantial increase in, capacity of the 
exporter indicating the likelihood of substan tially increased dumped exports to the 
importing Member's market, taking into account the availability of other export 
markets to absorb any additional exports; 
  (iii) whether imports are entering at prices that will have a significant depressing or 
suppressing effect on domestic prices, and would likely increase demand for further 
imports;  and 
 
 (iv) inventories of the product being investigated.  First paragraph.   No one of these factors by itself can necessarily give decisive guidance but the 
totality of the factors considered must lead to the conclusion that further dumped exports are 
imminent and that, unless protective action is taken, material injury will occur. 
 Second paragraph.   With respect to cases where dumped imports threaten to cause injury, the 
application of anti dumping measures shall be considered and decided with special care. 
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  Article 34.  The Commission shall demonstrate that the dum ped imports are, through the effects of 
dumping, causing injury.  The demonstration of a causal link between the dumped imports and the 
injury to the domestic industry shall be based on an  examination of all relevant evidence, including: 
 
 (i) The volume and prices of imports not sold at dumping prices;   (ii) contraction in demand or changes in the pattern of consumption;  
 (iii) restrictive trade practices by foreign and domestic producers; 
  (iv) developments in technology;   (v) the export performance and productivity of the domestic industry; 
 
 (vi) the Commission shall al so examine any known factors other than the dumped imports 
which at the same time are injuring the domestic industry, and the injuries caused by 
these other factors shall not be attributed to the dumped imports. 
 
CHAPTER V 
INITIATION AND CONDUCT OF INVESTIGATIONS 
 
Article 35.   An application for the initiation of an inves tigation procedure shall be made in writing by 
or on behalf of the domestic industry.  In exceptional circumstances, the Commission may proceed ex officio, in accordance with domestic legislati on, when it has sufficient evidence of dumping and 
the causal link. 
 First paragraph.   For the purposes of this Article, an appli cation shall be considered to have been 
made by or on behalf of the dom estic industry if it is supported by those domestic producers whose 
collective output constitutes more than 50 per cent of  the total production of the like product produced 
by that portion of the domestic industry expressing eith er support for or opposition to the application.  
However, no investigation shall be initiated when domestic producers expressly supporting the 
application account for less than 25 per cent of to tal production of the like product produced by the 
domestic industry.  Second paragraph.   An application shall contain a description of the facts and be accompanied by 
the evidence reasonably available on which it is b ased.  The facts shall be described succinctly, 
clearly and precisely, as shall the causal link, in order to allow it to be determined that the entry of the 
products in question into the domestic  market is causing or threatens to cause injury to the domestic 
industry.  Article 36.   The application and the forms sent out by the Commission and duly completed, as well as 
the accompanying documents, shall be submitted in wr iting in original versions, together with as 
many copies as there are importers, exporters and,  where applicable, foreign governments named in 
the application.  Paragraph.   Where the number of exporters involved is particularly high, the full text of the written 
application shall be provided only to the authorities of the exporting Member or to the relevant trade 
or business association.  Article 37.   An application for initiation of a dumping investigation shall be submitted in writing, 
together with the forms sent out by the Commissi on, and shall meet the requirements laid down in G/ADP/N/1/DOM/3/Suppl.1 
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  Articles 32 and 33 of the Law.  The application shall contain such information as is reasonably 
available to the applicant on the following:  
 (i) The identity of the applicant and a deta iled description of the volume and value of the 
domestic production of the like product.  Wh ere a written application is made on 
behalf of the domestic industry, the applica tion shall identify the industry on behalf of 
which the application is made by means of  a list of all known domestic producers of 
the like product (or associations of domestic  producers of the like product) and, to the 
extent possible, shall provide a description of the volume and value of domestic 
production of the like product accounted for by such producers; 
  (ii) a full description of the allegedly dumpe d product, its tariff classification according to 
the Harmonized System, the name(s) of the country or countries of origin or export in 
question, the identity of each known exporter or foreign producer and a list of known 
persons importing the product in question; 
  (iii) information on prices at which the product in question is sold when destined for 
consumption in the domestic market(s) of the country or countries of origin or export or, where applicable, information on the pri ces at which the product is sold from the 
country or countries of origin or export to a third country or countries, or on the 
constructed value of the product and in formation on export prices or, where 
applicable, on the prices at which the product is first resold to an independent buyer 
in the territory of the importing Member; 
 
 (iv) information on the trend in the volume of  the allegedly dumped imports, the effect of 
these imports on prices of the like product in the domestic market and the consequent 
impact of the imports on the domestic industr y, as demonstrated by relevant factors 
and indices having a bearing on the state of the domestic industry. 
 First paragraph.   The applications referred to in this Artic le shall be signed by the interested party or 
parties or by those acting on their behalf or representing them and shall be stamped with the seal of 
the company, enterprise or association.  Second paragraph.   Any application submitted in accordance with the requirements of this Law and 
these Regulations may be withdrawn by the person that  submitted it prior to or after the initiation of 
the investigation. 
 Article 38.   The Commission shall examine the accuracy  and adequacy of the evidence provided in 
the application to determine whether there is su fficient evidence to justify the initiation of an 
investigation.  Simple assertion, unsubstantiated by relevant evidence, shall not be considered 
sufficient to meet the requirements of Article 37 of these Regulations.  The Commission may request 
the applicant to provide additional information before deciding whether or not to initiate an 
investigation.  Article 39.   The Commission may initiate an investigation when it has determined that: 
 
 (i) The application has been made by th e domestic industry or on its behalf;  or 
  (ii) the criteria for ex officio initiation in accordance with the provisions of Article 35 of 
the Law have been met;  and 
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   (iii) there is sufficient evidence of dumping, injury and a causal link. 
 Paragraph.   The Commission shall decide whether or  not to investigate an anti-dumping 
investigation within a period of thirty (30) days of th e date of receipt of the written application.  If the 
application raises complex issues or if the Commission seeks additional information from the applicant, this period may be extended to forty-five  (45) days.  The parties shall have a period of 
five (5) days as of the date of the Commission' s request in which to supplement the information 
 
Article 40.   If the Commission rejects an application for the initiation of a dumping investigation 
submitted by the domestic industry or  on its behalf because there is not sufficient evidence, it shall 
promptly issue a resolution to the effect that ther e is no dumping, injury or causal link to justify the 
initiation of an investigation.  This resolution sha ll be transmitted to the interested parties at the 
domicile mentioned in the application for initiation. 
 
Article 41.   The parties may make an appeal to the Comm ission for review of any resolution rejecting 
the initiation of an investigation.  The time limit for lodging such an appeal sh all be fifteen (15) days 
as of the date of notification of the resolution rejecting the application. 
 Paragraph.   The Commission shall have a period of not more than thirty (30) days in which to 
respond to the request for review. 
 Article 42.   After the Commission has decided to initiate an  investigation, it shall notify the interested 
parties by means of a resolution which shall be published in a national newspaper and on the 
Commission's website within seven (7) days of its issue and shall contain the following information: 
 
 (i) The name(s) of the exporting countr y or countries and the product involved; 
  (ii) the date of initiation of the investigation;   (iii) the grounds for the allegation of  dumping stated in the application; 
 
 (iv) a summary of the factors on which the allegation of injury is based;   (v) the domicile selected by the interested  parties according to the application for 
initiation of an investigation; 
 
 (vi) the time limit given to members and in terested parties to make their views known; 
  (vii) any other information d eemed necessary by the Commission. 
 Article 43.   Pursuant to Article 44 of the Law, the anti dumping procedure shall not hinder the 
customs clearance of the goods investigated. 
 Article 44.   Any confidential information provided by the parties in the investigations referred to in 
the Law and these Regulations shall be accompanie d by the corresponding non-confidential summary 
and shall be regarded as confidential subject to written justification.  These summaries shall be in 
sufficient detail to permit a reasonable understanding of the substance of the information submitted in 
confidence.  Article 45.   Any information which is by nature conf idential (for example, because its disclosure 
would be of significant competitive advantage to a competitor or would have a significantly adverse G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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  effect upon a person supplying the information or upon a person from whom the latter acquired the 
information), or which is provided on a confidential basis by parties to an investigation shall, upon 
good cause shown, be treated as such by the authorities. 
 
Article 46.   If information has been classified as c onfidential and the interested party has not 
submitted any justification or the corresponding  non-confidential summary, the Commission shall 
request that justification for the confidential na ture of the information and the non-confidential 
summary be furnished within three (3) days.  Th e Commission shall not examine the application until 
it has been completed within the aforementioned time limit. 
 Article 47.   If the parties which submitted confidential in formation fail to furnish the justification for 
its confidential nature or the corresponding non-conf idential summary within the period prescribed in 
the preceding Article, the Commission may disregard th e information.  In exceptional circumstances, 
the parties may indicate that such information is not susceptible of summary, in which case a 
statement of the reasons why summarization is not po ssible must be provided.  If the reasons are not 
provided, the information shall be disregarded by the Commission.  Article 48.   The Commission alone shall have access to the information declared to be confidential.  
Where necessary, only the competent authorities of  the WTO dispute settlement mechanisms shall 
have access to the information. 
 Paragraph.  Without prejudice to the foregoing, the partie s to the investigation may be given access 
to confidential information subject to aut horization by the party that provided it. 
 
Article 49.   If at any time during the investigation, an  interested party refuses access to the necessary 
information or does not provide it within the period determined by the Commission or significantly impedes the investigation in any other way, th e Commission may make preliminary or definitive 
affirmative or negative determinati ons on the basis of the information available, including that in the 
application.  The provisions of Annex II to th e Anti-Dumping Agreement shall be observed when 
applying this Article. 
 
Paragraph.   The Commission shall take due account of any difficulties which interested parties may 
experience, in particular small companies, in supplying the information requested.  The Commission 
shall provide any assistance allowed in this respect and may extend the time limit determined for the 
submission of particular information when necessary. 
 
Article 50.   When initiating the investigation, th e Commission shall send questionnaires to any 
persons it considers may have information relevant  to the investigation, including known domestic 
producers, importers, exporters  or foreign producers. 
 Article 51.   The Commission shall give foreign exporters and producers to which it has sent 
questionnaires a period of thirty (30) days in which to respond.  The Commission shall pay due 
attention to any request for extension of the peri od and, provided there is proven justification for 
doing so, the extension shall be granted whenever feasible, taking into account the periods determined 
for the investigation.  
First paragraph.   In the case of foreign exporters and pr oducers, it shall be considered as having 
been received one week after the date on which it  was sent to the addressee or to the competent 
diplomatic representative or the official representa tive of the exporting country or transmitted through 
the Ministry of Foreign Affairs.  The period of thir ty (30) days indicated above shall be calculated as 
of the end of the aforementioned week.  G/ADP/N/1/DOM/3/Suppl.1 
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Second paragraph.   In the case of the domestic industry and importers to which questionnaires have 
been sent, the Commission shall give a period thirty (30) days in which to respond. 
 
Third paragraph.   The Commission may disregard replies to questionnaires that have not been 
submitted within the period given and in the form requested.  Article 52.   During the investigation, the Commission may seek further information from interested 
parties in the form of supplementary questionnaires or written requests for clarification or additional 
information.  Such requests shall indicate the date by which the reply is to be given.  Whenever 
feasible and depending on the time limits laid down, sufficient time shall be given to allow significant replies to be submitted.  
Article 53.   Any interested party may, on its own in itiative, submit in writing any information it 
considers relevant to the investigation.  The Co mmission shall examine such information unless this 
would create excessive difficulties for it or impede th e proper progress of the investigation.  In such 
cases, the Commission shall provide the appropriate explanation.  Article 54.   The Commission shall base its determina tions on dumping, injury and a causal link on 
information corresponding to defined periods, whic h shall be the periods for which it requests 
information in the questionnaires.  First paragraph.   In dumping cases, the period of investiga tion shall normally be the one-year period 
prior to the date of initiation of the investigation for which information is available.  The period of 
investigation may not under any circumstance be less than six (6) months. 
 Second paragraph.   In cases of injury, the period of investig ation shall normally be three years.  The 
Commission may, however, select a shorter or longer period if it deems it appropriate in the light of 
the information available on the domestic industry and the product under investigation. 
 
Article 55.   In cases where the product is normally sold at  the retail level in the Dominican Republic, 
the Commission shall give industrial users of the product under investigation and representative 
consumers' associations the opportunity to provide any information relevant to the investigation on 
dumping, injury and the causal link between them.  This information shall be provided in writing. 
 
Paragraph.   The Commission shall allow industrial users of the product under investigation and/or 
representative consumers' associations to make oral presentations at any hearing held in the course of 
an investigation.  Article 56.   The Commission shall terminate the investigation within a period of no less than 
one year, and in exceptional cases where required or  justified, within a period of no less than 
eighteen (18) months. 
 
CHAPTER VI 
EVIDENCE 
 Article 57.   All documentation filed with the Commission to be used as evidence shall be in written 
form, either in, or translated into, the official language of the Dominican Republic clearly and precisely.  G/ADP/N/1/DOM/3/Suppl.1 
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  First paragraph.   The Commission shall accept as evidence p ublic and private documents, reports 
from expert(s), administrative recognition, oral ev idence, and any other method of proof permitted by 
Dominican legislation. 
 
Second paragraph.   In order to be allowed as a method of proof, oral evidence shall be transcribed, 
signed by the party presenting it and made available to the other parties.  Article 58.   The period allowed for the submission of evidence shall commence from the day 
following publication of initiation of the investigatio n up to the date on which the last public hearing 
in the procedure has been declared concluded.  Paragraph.   After the period allowed for submitting ev idence, interested parties shall have 
ten (10) days in which to transmit to the Co mmission in writing their conclusions regarding the 
substance or the events that occurred during the co urse of the procedure.  In such case, the rules on 
confidentiality prescribed in the Law a nd these Regulations shall be observed. 
 Article 59.   The Commission may conduct investigations in the territory of another country when 
necessary provided that it obtains the consent of the enterprises concerned and notifies the 
representatives of the said country's government and the country concerned does not oppose the 
investigation.  Without prejudice to the provisions on the protection of confidential information, the 
authorities shall make the findings of such investig ations available to the enterprises concerned or 
provide them with information thereon, and may make them available to the applicants. 
 Paragraph.   Notifications shall be made in such a way th at the interested party receives them at least 
ten (10) days prior to the visit, during which lapse of time the enterprise shall give its consent to the 
Commission.  Article 60.   After obtaining the consent of the enterprises concerned, the Commission shall send to 
the authorities in the exporting country the names and addresses of the enterprises to be visited and 
the dates agreed. 
 
Paragraph.   If at any time during the investigation an interested party refuses access to the necessary 
information or does not provide it within the period determined by the Commission or significantly impedes the investigation in any other way, th e Commission may make preliminary or definitive 
affirmative or negative dete rminations on the basis of information known to it. 
 
Article 61.   The notification shall contain the following information: 
  (i) The competent authority issuing it;   (ii) the name(s) or business name(s) of the persons to which the notification is to be 
addressed; 
  (iii) the place(s) where the visit(s) is (a re) to take place, which may be supplemented 
subject to notification to those visited, together with the date for the visit(s); 
 
 (iv) the grounds and reasons for the visit, as well as its subject or purpose; 
  (v) the signature of the competent official;  and   G/ADP/N/1/DOM/3/Suppl.1 
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   (vi) the names of the technical staff who will conduct the visit, whose numbers may be 
modified, supplemented or decreased by the Commission at any time, shall be communicated to the enterprise in due time. 
 
Paragraph.   Where, in exceptional circumstance, it is  planned to include non-governmental experts 
in the investigating team, the enterprises and aut horities in the exporting country shall be informed 
accordingly.  Such non-governmental experts shall be  liable to effective sanctions if they fail to 
comply with the provisions on the confidential nature of the information. 
 
Article 62.   During the investigation, the Commission ma y seek information from any interested party 
and consult other sources of information, as pr ovided in Article 40 of the Law, and may also 
undertake verification visits.  The enterprise visited shall have the right to indicate which information 
or data given or to be gi ven to the visitors are of a confidential nature.  A record shall be kept of each 
visit, showing the facts verified by the visitors.  A copy of this record shall be handed over to the 
enterprise visited and placed in the public file on the case.  
CHAPTER VII 
PRELIMINARY DETERMINATION 
 Article 63.   As provided in Article 45 of the Law, the Commission may make a preliminary 
determination of dumping, injury or threat of injury and a causal link.  The preliminary determination shall be based on all the informati on available to the Commission at that time;  the parties shall have a 
period of ten (10) days in which to submit their vi ews on the preliminary determination.  This period 
may not be extended and the period shall commenc e when the parties acknowledge receipt of the 
preliminary determination. 
 Paragraph.   The resolution containing the preliminary de termination issued by the Commission shall 
contain at least the following information:   (a) The name of the applicant; 
 
 (b) a description of the imported product subject to the procedure and its tariff 
classification; 
  (c) the elements and evidence used to determin e dumping, injury or threat of injury and 
its causal link; 
  (d) the considerations of fact and of law lead ing the authority to initiate an investigation 
or to consider a preliminary determination;  and 
  (e) legal arguments, data, facts or circum stances substantiating and justifying the 
resolution in question. 
 Article 64.   The Commission shall issue a public notifica tion of all preliminary determinations.  The 
notification shall contain the preliminary determina tion of dumping and injury, with reference to the 
questions of fact and of law on which the acceptance or rejection of the arguments is based.  Taking 
into account the provisions on protection of confiden tial information, such notifications or reports 
shall indicate, inter alia : 
  (i) The names of the suppliers or, where th is is not feasible, the supplier countries 
concerned; G/ADP/N/1/DOM/3/Suppl.1 
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 (ii) a description of the product that su ffices for customs purposes, including the tariff 
heading in the Harmonized System; 
 
 (iii) the dumping margins determined, together with a full explanation of the reasons 
justifying the methodology used for the determination and the comparison between the export price and the normal value; 
 
 (iv) considerations relating to  the determination of injury; 
  (v) the principal grounds substa ntiating the determination;  and 
  (vi) the amount of the provisional measures to be applied and the reasons why such 
provisional measures are necessary in order to  prevent injury being caused during the 
investigation. 
 
CHAPTER VIII 
PROVISIONAL MEASURES 
 Article 65.   The Commission shall comply with Articles 45 and 46 of the Law when imposing 
provisional measures.  Article 66.   Anti-dumping duties shall be applied in an am ount equivalent to or less than the margin 
of dumping that has been determined. 
 
First paragraph.   Provisional anti-dumping duties shall be in the form of ad valorem  or specific 
duties.  They shall be imposed in addition to ot her import duties on the imported products concerned, 
where these apply.  Second paragraph.   The Directorate-General of Customs shall levy provisional anti-dumping duties 
in the appropriate amount in each case and without di scrimination in respect of imports of the product 
declared dumped and the cause of injury, irrespectiv e of their origin, with the exception of imports 
from sources regarding which price undertaking have been agreed, in accordance with the provisions 
of the Law and these Regulations.  
Article 67.   The Commission shall authorize the refund of duties paid in excess of the dumping 
margin, where applicable, in accord ance with Article 55 of the Law. 
 
CHAPTER IX 
TECHNICAL INFORMATION MEETINGS 
 Article 68.   The Commission shall hold technical informati on meetings with interested parties that so 
request within a period of fifteen (15) days of the day following the publication of the preliminary or definitive resolution for the purpose of explaining the methodology used to calculate the dumping, 
injury or threat of injury and the arguments relating to the causal link.  
Paragraph.   A report on the technical meeting shall be dr awn up giving detailed information thereon.  
The report shall be signed by those pa rticipating.  Interested parties may raise the questions they deem 
relevant provided that these relate to the inform ation disclosed and comply with the rules on 
confidentiality provide d in these Regulations.  The report shall be placed in the administrative file on 
the case in question.  G/ADP/N/1/DOM/3/Suppl.1 
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CHAPTER X 
HEARINGS 
 
Article 69.   Throughout any anti-dumping investigation, a ll interested parties shall be given a full 
opportunity to defend their interests.  For this purpose, subject to a written request, the Commission 
shall give all interested parties the opportunity of meeting with those parties having an opposing 
interest in order to explain their opposition and arguments against.  When providing such an 
opportunity, the need to protect the confidential na ture of information and the convenience of the 
parties shall be taken into account.  No party shal l be obliged to attend such a meeting and their 
absence shall not be to the detriment of their case.  First paragraph.   When it deems necessary, the Commission may invite interested parties to attend a 
hearing without a request from an interested party. 
 Second paragraph.   Interested parties shall have the right to  present oral information at hearings and 
this shall be taken into account provided that it is subsequently submitted in writing within a period 
not exceeding five (5) days.  
Article 70.   In an investigation during which a hearing is held, at least ten (10) days prior to the date 
set for the hearing, any interested party may s ubmit written arguments on any issue it deems relevant 
to the investigation.  Following the hearing, inter ested parties that took part shall have a period of 
ten (10) days in which to submit written arguments  in response to the arguments and information 
presented at the hearing. 
 
First paragraph.   No interested party shall be obliged to attend a hearing and failure to attend shall 
not be prejudicial to that party's interests.  To the extent possible, the Commission shall arrange 
hearings taking into account the convenience of the interested parties.  Second paragraph.   Interested parties that intend to be  present at the hearing shall notify the 
Commission at least five (5) days prior to the date of the hearing of the names of the representatives 
and witnesses who will attend.  Article 71.   Hearings shall be chaired by the President  of the Commission, who shall ensure that 
confidentiality is respected and shall organize th e hearing in such a way that all the parties 
participating are given an opportunity to express thei r views.  The Commission shall keep a record of 
the hearing to be attached immediately to the public file, with the exception of confidential 
information.  Paragraph.   If the President of the Commission is unable to be present at the hearing, the 
Commission shall appoint one of its members to preside over the hearing. 
 
Article 72.   Interested parties shall have the right to pr esent oral information at hearings and this shall 
be taken into account provided that it is subseq uently submitted in writing within a period not 
exceeding five (5) days.  Such information shall be  placed in the public file, with the exception of 
confidential information. 
 
Article 73.   During the hearings, the Commission shall fi rst allow the applicant to explain possible 
solution(s) so that the other interested parti es may express their views on the proposals.  An 
administrative record of the hearings shall be ke pt describing their conduct, irrespective of the G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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  outcome.  The record shall be signed by the member s of the Commission and the interested parties or 
their representatives that took part.  
Article 74.   After receiving a request for a hearing,  the Commission shall examine the solution 
proposed and, where appropriate, within five (5) da ys of receipt of the request shall invite other 
interested parties to express their views within  the five (5) days following the invitation. 
 
CHAPTER XI 
DEFINITIVE DETERMINATION 
 
Article 75.   The Commission shall adopt a definitive dete rmination of dumping, injury or threat of 
injury and the causal link based on all the information obtained by the Commission in the course of 
the investigation and disclosed by the interested parties, subject to the provisions on confidentiality. 
 
First paragraph.   Thirty (30) days prior to making a definitive determination, the authorities shall 
inform all interested parties of the essential facts considered and used a basis for the decision on 
whether or not to apply definitive measures.  Second paragraph.   The parties shall have a period of ten ( 10) days in which to review the essential 
facts and defend their interests in writing. 
 Article 76.   The Commission shall issue a public notifica tion of the affirmative or negative definitive 
determination.  The notification shall contain all re levant information on the questions of fact and of 
law on which the determination is based, taking du e account of the provisions on protection of 
confidential information, inter alia , the following: 
  (i) The names of the known exporters and pr oducers of the product under investigation; 
  (ii) a description of the product under inv estigation that suffices for customs purposes, 
including the actual tariff classification in the Dominican Republic; 
 
 (iii) the dumping margin that has been found to  exist, where applicable, and the basis for 
the determination, including a description of the methodology used to determine the 
normal value and the export price and any ad justments that had to be made when 
comparing them; 
 
 (iv) the factors that led to the determination of injury and the causal link, including 
information on factors other than the dumpe d imports that have to be taken into 
account; 
  (v) any other reasons on which the definitive determination is based; 
 
 (vi) the reasons for accepting or rejecting the relevant arguments or claims put forward by 
the exporters and importers; 
  (vii) the amount of the anti-dumping duties to be imposed, including considerations 
relating to the examination;  and 
  (viii) whether definitive anti-dumping duties should be levied on the imports to which 
provisional measures had been applied and the grounds for the decision to do so. 
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  Article 77.   An interested party may withdraw the application referred to in the Law at any time 
during the procedure in accordan ce with the following rules: 
 
 (i) If the application is withdrawn prior to publication of the resolution initiating the 
investigation, the Commission shall declare the investigation to be inadmissible by 
reason of withdrawal and shall publish th e corresponding notification in a national 
newspaper and on the Commission's website;  and 
 
 (ii) if the application is withdrawn subse quent to publication of the resolution initiating 
the investigation, it shall only be accepted if  the importers and foreign exporters give 
their consent to the Commission in writing.  In such a case, the Commission shall 
declare the investigation terminated and shall publish the corresponding notification 
in a national newspaper and on the Commission's website; 
 
 (iii) if some domestic producers wish to withdraw from the application in accordance with 
the foregoing rules whereas other producer s do not wish to do so, the Commission 
may pursue the investigation if the latter represent a signification proportion of the 
domestic industry. 
 
Article 78.   In the investigation procedures referred to in this Chapter, the Commission shall compile 
an administrative file in accordance with which it shall issue the corresponding resolutions.  The 
administrative file shall be composed of the following:   (i) Documentary or other information transmitted to the Commission or obtained by the 
latter in the course of the administrative procedures, including any government 
communications relating to the case, as well as reports and minutes of meetings with 
one or all of the interested parties; 
  (ii) the relevant resolutions issued by the Commission;  
 (iii) transcriptions of the minutes of the m eetings or hearings before the Commission;  
and; 
  (iv) the notifications published in the national newspaper and on the Commission's 
website in relation to the administrative procedures, including reviews. 
 
Article 79.   Any communication made directly or through any conventional or electronic medium 
between the Commission and any interested party or  its representatives during the investigation or 
review procedures shall be the subject of a written report stating briefly its purpose and its findings.  
In addition, the report shall include the name and title  of the government official(s) who prepared it, 
the date and signature, and shall be promptly placed in the administrative file.  Such reports shall be 
used to substantiate the Commission's decisions. 
 Paragraph.   Where documentation referred to in this Article  is transmitted, the interested parties shall 
also submit proof of its dispatch to the other interested parties, as well as the corresponding 
acknowledgement of receipt, showing the name and date of receipt in acco rdance with the format 
issued by the Commission. 
 Article 80.   The Commission shall reject an applica tion submitted in accordance with Article 37 of 
these Regulations and terminate the investigation prom ptly if it has ascertained that there is not 
sufficient evidence of dumping, injury or threat of injury or of a cau sal link to justify proceeding with G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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  the case;  the investigation shall be terminated imme diately if it is determined that the margin of 
dumping is de minimis  or that the real or potential volume of dumped imports or the injury is 
negligible. 
 
Paragraph.   The dumping margin shall be considered de minimis  if it is less than 2 per cent expressed 
as a percentage of the export price.  The volume of dumped imports shall normally be considered 
negligible if it is determined that those from a pa rticular country account for less than 3 per cent of 
imports of the like product into the importing Member, unless countries which individually account 
for less than 3 per cent of the imports of the like product into the importing Member collectively 
account for more than 7 per cent of such imports.  Article 81.   The Commission may levy definitive an ti-dumping duties on products which were 
entered for consumption not more than ninety (90)  days prior to the date of application of the 
provisional duties solely in the circumstances covered by Article 52 of the Law. 
 
CHAPTER XII 
PRICE UNDERTAKINGS 
 
Article 82.   For the purposes of Article 43 of the Law, pri ce increases should be equivalent to or less 
than the margin of dumping if such increases would be  adequate to remove the injury to the domestic 
industry.  First paragraph.   The price undertakings accepted under this Chapter will be subject to the 
provisions of Chapter XIII of this Part. 
 
Second paragraph.   Price undertakings shall not be accepted from exporters unless the Commission 
has made a preliminary affirmative determination of dumping and injury cau sed by such dumping. 
 Article 83.   Undertakings offered need not be accepted if the Commission considers their acceptance 
impractical (e.g. because of the high number of expor ters), or for other reas ons (e.g. general policy). 
 
Paragraph.   Should the case arise and where practicab le, the Commission shall provide to the 
exporter the reasons which have led it to consider  acceptance of an undertaking as inappropriate, and 
shall, to the extent possible, give the export er an opportunity to make comments thereon. 
 
Article 84.   Price undertakings may be suggested by the Commission, but no exporter shall be forced 
to enter into such undertakings.  The fact that an exporter does not offer such undertakings, or does 
not accept an invitation to do so, shall in no wa y prejudice the consideration of the case. 
 Article 85.   The Commission may require any exporter  from whom an undertaking has been accepted 
to provide periodically information relevant to th e fulfilment of such an undertaking and to permit 
verification of pertinent data. 
 First paragraph.   In case of violation of an undertaking, the Commission may take expeditious 
actions, such as the immediate application of pr ovisional measures, using the best information 
available. 
 
Second paragraph.   In the case referred to in the preced ing paragraph, definitive duties may be 
levied on products entered for consumption not more than ninety (90) days before the application of 
such provisional measures, except that any such re troactive assessment shall not apply to imports 
entered before the violation of the undertaking.  G/ADP/N/1/DOM/3/Suppl.1 
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CHAPTER XIII 
ANTI-DUMPING DUTIES 
 
Article 86.   The Commission shall decide whether or not to impose anti-dumping duty in cases where 
the requirements for imposition have been fulfilled.  The Commission shall also assess the amount of 
the anti-dumping duty at a level equal to or  lower than the full margin of dumping. 
 
First paragraph.   The amount of the anti-dumping duty shall not exceed the margin of dumping as 
established in these Regulations.  The anti-dumping duty may be equal to or less than the margin of 
dumping, if such lesser duty would be adequate to  remove the injury to the domestic industry. 
 Second paragraph.   Provisional measures or anti-dumping duties shall be applied only to products 
which enter for consumption after the time when the decision taken by the Commission, under the 
provisions of the Law and these Regulations, except fo r those stipulated in Articles 49 and 52 of the 
Law, enters into force.  Third paragraph.   The amount of the anti-dumping duty shall be assessed on a prospective basis.  In 
such cases, provision shall be made for a prompt re fund, upon request, of any duty paid in excess of 
the margin of dumping. 
 Fourth paragraph.   In determining whether and to what extent a reimbursement should be made 
when the export price is reconstructed pursuant to Article 11 of the Law, the Commission should take 
account of any change in normal value, any change  in costs incurred between importation and resale, 
and any movement in the resale price which is duly reflected in subsequent selling prices, and should 
calculate the export price with no deduction for the amount of anti-dumping duties paid when conclusive evidence of the above is provided.  Article 87.   Anti-dumping duties shall take the form of ad valorem  or specific duties, and shall be 
imposed in addition to any other import duti es levied on the imported products concerned. 
 
Paragraph.   The Directorate-General of Customs w ill receive anti-dumping duty payments where 
appropriate.  Article 88.   When an anti-dumping duty is imposed in respect of any product, such anti-dumping duty 
shall be collected in the appropriate amounts in each  case, on a non-discriminatory basis on imports of 
such product from all sources found to be dumped a nd causing injury, except as to imports from those 
sources from which price undertakings under the term s of Articles 80 ff. of these Regulations have 
been accepted.  First paragraph.   The Commission shall name the supplier or  suppliers of the product concerned.  If, 
however, several suppliers from the same country ar e involved, and it is impracticable to name all 
these suppliers, the Commission may name the supplying country concerned.  Second paragraph.   If several suppliers from more than one country are involved, the Commission 
may name either all the suppliers involved, or, if this is impracticable, all the supplying countries 
involved. 
 Article 89.   Any anti-dumping duty applied to imports fro m exporters or producers not included in the 
examination shall not exceed:  G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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   (i) The weighted average margin of dumpi ng established with respect to the selected 
exporters or producers;  or 
 
 (ii) where the liability for payment of anti-dumping duties is calculated on the basis of a 
prospective normal value, the difference be tween the weighted average normal value 
of the selected exporters or producers and the export prices of exporters or producers not individually examined. 
 
Paragraph.   For the purposes of this Article, the Commiss ion shall not take into account any zero and 
de minimis  margins.  The Commission shall apply individual duties or normal values to imports from 
any exporter or producer not included in the exam ination who has provided the necessary information 
during the course of the investigation.  
Article 90.   If a product is subject to anti-dumping duties in the Dominican Republic, the Commission 
shall carry out a review for the purpose of determining individual margins of dumping for any exporters or producers in the exporting country in qu estion who have not exported the product to the 
Dominican Republic during the period of investigati on, provided that these exporters or producers can 
show that they are not related to any of the expor ters or producers in the exporting country who are 
subject to the anti-dumping duties on the product in question. 
 
First paragraph.   Such a review shall be initiated and carri ed out on an accelerated basis, compared 
to normal duty assessment and review proceedings in the Dominican Republic.  No anti-dumping duties shall be levied on imports from such exporters  or producers while the review is being carried 
out. 
 
Second paragraph.   The Commission may, however, withhold appraisement and/or request 
guarantees to ensure that, should such a review result in a determination of dumping in respect of such 
producers or exporters, anti-dumping duties can be levied  retroactively to the date of the initiation of 
the review.  
Article 91.   If the definitive anti-dumping duty is higher than the provisional duty paid or payable, or 
the amount estimated for the purpose of the security , the difference shall not be collected.  If the 
definitive duty is lower than the provisional duty paid  or payable, or the amount estimated for the 
purpose of the security, the difference shall be re imbursed or the duty recalculated, as the case may 
be. 
 
Article 92.   Except as provided in Article 49 of the Law, where a determination of threat of injury or 
material retardation is made (but no injury has yet occurred) a definitive anti-dumping duty may be 
imposed only from the date of the determination of th reat of injury or material retardation, and any 
cash deposit made during the period of the applicati on of provisional measures shall be refunded and 
any bonds released in an expeditious manner. 
 
Article 93.   The Commission may, after initiating an i nvestigation, take such measures as the 
withholding of appraisement or assessment as may be necessary to collect anti-dumping duties retroactively, as provided for in Article 52 of the Law, once they have suffi cient evidence that the 
conditions set forth in that paragraph are satisfied. 
 
Article 94.   Pursuant to paragraph I of Article 36 of the Law, any public notice of a preliminary or 
final determination, whether affirmative or negative,  of a decision to accept a price undertaking, of the 
termination of such an undertaking, or of the te rmination of a definitive anti-dumping duty shall set 
forth, in sufficient detail, the findings and conclusi ons reached on all issues of fact and law considered  G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
 Page 25 
  
  material by the investigating Commission.  All su ch notices and reports shall be forwarded to the 
country or countries the products of which are subj ect to such determination or undertaking and to 
other parties known to have an interest therein. 
 
First paragraph.   A public notice of conclusion or suspensi on of an investigation in the case of an 
affirmative determination providing for the imposition of a definitive duty or the acceptance of a price 
undertaking shall contain, or otherwise make av ailable through a separate report, all relevant 
information on the matters of fact and law and re asons which have led to  the imposition of final 
measures or the acceptance of a price undertaking, du e regard being paid to the requirement for the 
protection of confidential information.  In particul ar, the notice or report shall contain the information 
described in these Regulations, as well as the reasons  for the acceptance or rejection of relevant 
arguments or claims made by th e exporters and importers, and the basis for any decision made under 
these Regulations. 
 
Second paragraph.   A public notice of the termination or suspension of an investigation following 
the acceptance of an undertaking pursuant to these Re gulations, shall include, or otherwise make 
available through a separate report, the non-confidential part of this undertaking.  Article 95.   In accordance with the time-periods establis hed in Article 54 of the Law, anti-dumping 
duties shall remain in force as long as and to th e extent necessary to counteract dumping which is 
causing injury.  Article 96.   The Commission shall review the need for the continued imposition of the anti-dumping 
duties on its own initiative or, provided that a reasonable period of time has elapsed since the 
imposition of the definitive anti-dumping duty, upon request by any interested party which submits 
positive information substantiating the need for a review.  Paragraph.   Interested parties shall have the right to  request the Commission to examine whether the 
continued imposition of the duty is necessary to offset  dumping, whether the injury would be likely to 
continue or recur if the duty were removed or varied , or both.  If, as a result of the review under this 
Article, the Commission determines that the anti- dumping duty is no longer warranted, it shall be 
terminated immediately.  Article 97.   The reviews carried out under this chapte r shall be undertaken expeditiously and shall 
normally be concluded within twelve (12) m onths the date of initiation of the review. 
 
CHAPTER XIV 
NOTIFICATIONS 
 
Article 98.   The Commission shall promptly notify interest ed parties in writing of resolutions issued 
in connection with the procedures to whic h this Part of the Regulations refers. 
 
Article 99.   Notifications require acknowledgment of  receipt of the corresponding dispatch.  
Acknowledgements of receipt, with the certified part s returned, shall be placed in the administrative 
file, along with any other record of receipt.  
Article 100.   In cases where the Commission does not know th e address of the persons to be notified, 
the notification will be made once only through pub lication in a national daily newspaper.  This 
publication will contain a summary of the request in question and the procedure being prosecuted. 
 G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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  First paragraph.   In the case of persons resident outside the country, the Commission shall send the 
aforementioned notifications to the diplomatic repr esentations of the relevant foreign governments 
through the Ministry of Foreign Affairs, for th e purpose of establishing the mechanisms needed to 
circulate the content of the resolutions in question. 
 Second paragraph.   For the purposes of this Article, the notif ication date is deemed to be that on 
which it is published in the national newspaper. 
 
Article 101.   The Commission, acting through the Ministry of Foreign Affairs (SEREX), shall notify 
the relevant WTO Committee of the application of provisional or definitive anti-dumping duties, pursuant to the Agreement on Implementation of Arti cle VI of the General Agreement on Tariffs and 
Trade 1994.  
PART III 
SUBSIDIES AND COUNTERVAILING MEASURES 
 
CHAPTER I 
SUBSIDIZATION 
 Article 102.   For the purposes of Article 16 of the Law, a s ubsidy shall be deemed to exist if there is a 
financial contribution by a government or any public bo dy within the territory of a country, or if there 
is any form of income or price support in the sense of Article XVI of GATT 1994 and a benefit is 
thereby conferred.  
Paragraph.   A financial contribution by a government or  any public body within the territory of a 
country shall be deemed to exist when:   (i) A government practice involves a direct tr ansfer of funds (e.g. grants, loans, and 
equity infusions), or potential direct transfers of funds or liabilities (e.g. loan guarantees); 
 
 (ii) government revenue that is otherwise due  is foregone or not collected (e.g. fiscal 
incentives such as tax credits); 
  (iii) a government provides goods or services other than general infrastructure, or 
purchases goods; 
  (iv) a government makes payments to a fundi ng mechanism, or entrusts or directs a 
private body to carry out one or more of th e type of functions illustrated in (i) to 
(iii) above which would normally be vested in the government and the practice, in no 
real sense, differs from practices normally followed by governments. 
 
Article 103.   Pursuant to paragraph II(f) of Article 16 of the Law, the exemption of an exported 
product from duties or taxes borne by the like product when destined for domestic consumption, or the remission of such duties or taxes in amounts not in excess of those which have accrued, shall not 
be deemed to be a subsidy. 
 
Paragraph.   The Commission shall pay special attention to  the provisions of Annexes II and III of the 
WTO Agreement on Subsidies and Countervailing Measures.   G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
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  Article 104.   A subsidy shall be countervailable only if such a subsidy is speci fic in accordance with 
the provisions of these Regulations.  
Article 105.   In order to determine whether a subsidy is  specific to an enterprise or industry the 
following principles shall apply:   (i) Where the granting authority, or the legislation pursuant to which the granting 
authority operates, explicitly limits acce ss to a subsidy to certain enterprises; 
 
 (ii) where the granting authority, or th e legislation pursuant to which the granting 
authority operates, establishes objective crite ria or conditions governing the eligibility 
for, and the amount of, a subsidy, specificity shall not exist, provided that the eligibility is automatic and that such crite ria and conditions are strictly adhered to; 
 
 (iii) if, notwithstanding any appearance of non-specificity resulting from the application 
of the principles laid down in this Article, th ere are reasons to believe that the subsidy 
may in fact be specific, other factors may be considered, such as the use of a subsidy 
programme by a limited number of certain enterprises, predominant use by certain enterprises, the granting of disproportionate ly large amounts of subsidy to certain 
enterprises, and the manner in which discr etion has been exercised by the granting 
authority in the decision to grant a subsidy. 
 Paragraph.   The expression "objective criteria or conditions",  as used in paragraph (ii) of this Article, 
means criteria or conditions which are neutral, which do not favour certain enterprises over others, 
and which are economic in nature and horizontal in application, such as the number of employees or 
size of enterprise.  Article 106.   A subsidy which is limited to certain  enterprises located within a designated 
geographical region within the jurisdiction of the granting authority shall also be deemed to be 
specific.  The setting or change of generally applicab le tax rates by all levels of government entitled to 
do so shall not be deemed to be a specifi c subsidy for the purposes of these Regulations. 
 Article 107.   The following subsidies shall be deemed to be specific: 
  (i) Subsidies contingent, in law or in fact, whether solely or as one of several other 
conditions, upon export performance; 
 
(a) Subsidies shall be considered to  be contingent in fact upon export 
performance when the facts demonstrat e that the granting of a subsidy, 
without having been made legally con tingent upon export performance, is in 
fact tied to actual or anticipated exportation or export earnings; 
 
(b) the mere fact that a subsidy is accord ed to enterprises which export shall not 
constitute sufficient reason for the subsid y to be considered an export subsidy 
within the meaning of this provision; 
 
 (ii) subsidies contingent, in law or in f act, whether solely or as one of several other 
conditions, upon the use of domestic over imported goods. 
 Article 108.   Any determination of specificity shall be  clearly substantiated on the basis of positive 
evidence. G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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Article 109.   Where the recipient is a State-owned enterp rise which is subsequently privatized, it shall 
be presumed that a privatization at arm's-length a nd for fair market value extinguishes the benefit, 
except if it can be demonstrated, on the basis of  positive evidence, that a benefit persists. 
 
CHAPTER II 
CALCULATION OF SUBSIDIES 
 Article 110.   In calculating the total rate of subsidi zation of the investigated product for a given 
foreign producer or exporter, a rate of subsidizati on of that product for the producer or exporter shall 
be calculated for each investigated subsidy or su bsidy programme, in accordance with the following 
Article.  The sum of the resulting per subsidy or per programme rates shall be the total rate of 
subsidization of the product for that producer or exporter. 
 
Article 111.   To calculate the rate of subsidization of the investigated produc t for a foreign producer 
or exporter from a given investigated subsidy or  subsidy programme, the Commission shall first 
determine the total subsidy amount(s) received by that producer or exporter from the subsidy or 
programme in question, in accordance with the pr ovisions of Article 112 of these Regulations and the 
date(s) of receipt thereof, in accordance with the pr ovisions of this Chapter.  Second, the Commission 
shall determine, in accordance with the provisions of  Chapter III of this Part, the portion of the total 
subsidy amount that is attributable to the subsid y period of investigation.  Thirdly, the Commission 
shall determine, in accordance with Chapter IV of th is Part, the total value during the subsidy period 
of investigation (POI) of the relevant sales of the foreign producer or exporter to which the subsidy 
POI amount can be attributed.  Four th, the Commission shall calculate the ad valorem  rate of 
subsidization from the subsidy or programme by di viding the subsidy POI amount by the relevant 
sales value identified in the third st ep, and multiplying the result by 100. 
 Article 112.   The total subsidy amount, calculated in terms of the benefit to the recipient, shall be 
determined by the Commission on the basis of the benefit conferred on the latter, has established in 
Article 17 of Law No. 1-02. 
 
Article 113.   In determining the total subsidy amount received by the recipient foreign producer or 
exporter under an investigated subs idy or programme, or the total ad valorem  subsidization rate of the 
product under investigation for that recipient, the following elements shall be deducted, as 
appropriate: 
 
 (i) Any application fee, or other costs necessar ily incurred in order to qualify for, or to 
obtain, the subsidy; 
  (ii) export taxes, duties or other charges levied on the export of the product to the 
Dominican Republic specifically intended to offset the subsidy or subsidies. 
 
CHAPTER III 
DETERMINATION OF THE SUBSIDY AMOUNT 
ATTRIBUTABLE TO THE SUBSIDY POI 
 Article 114.   The subsidy amount attributable to the s ubsidy POI from an investigated subsidy or 
subsidy programme normally shall be the total s ubsidy amount received by the recipient from that 
subsidy or subsidy programme during that period.   G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
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  Article 115.   Notwithstanding the foregoing Article, where the total subsidy amounts are allocated 
over a multi-year period, the subsidy POI amount sha ll be the portion of the total subsidy amount of 
benefits allocated to that period. 
 
Article 116.   Where the Commission finds that a par ticular subsidy has one  or more of the 
characteristics referred to in the following Article , the subsidy amount may be allocated over the 
average useful life of the recipient's operational assets.  
Paragraph.   Subsidies to be so allo cated include subsidies that: 
  (i) Have been provided for the purpose of purchasing fixed assets;   (ii) are non-recurring; 
 
 (iii) are oriented toward future production;  and   (iv) are transferred forward in the recipient's accounting records.  Article 117.   The Commission shall determine the subsidy amount to be attributed to the subsidy 
POI from an allocable subsidy by dividing the total subsidy amount by the number of years of average 
useful life of the recipient's operational assets, ("the allocation period").  Paragraph.   Except as otherwise provided, the date on which the subsidy POI amount from an 
allocable subsidy shall be deemed to have been recei ved shall be the anniversary date of the original 
date of receipt of the subsidy. 
 
CHAPTER IV 
SALES TO WHICH THE SUBSIDY POI AMOUNT IS ATTRIBUTABLE 
 
Article 118.   The sales to which the POI subsidy amount sh all be attributed are the recipient's total 
sales during that period, unless the Commission is satisfied on the basis of positive evidence that a 
subsidy amount received by a foreign producer or  exporter is tied to or designated to benefit a 
particular portion of the recipient's products or sal es (e.g., production or sales of a particular product 
or products for a particular market or markets, etc.).  
Article 119.   Where the Commission is satisfied on th e basis of positive evidence that a subsidy 
amount received by a foreign producer or exporter is  tied to or designated to benefit a particular 
portion of the recipient's production or sales, the Co mmission shall attribute the subsidy amount to the 
value of the relevant sales of the recipient during the subsidy POI.  In identifying such relevant sales 
the Commission shall apply the following guidelines:  
 (i) In the case of subsidies tied to the recipient's overall exports or export efforts, the 
relevant sales for attribution of the subsid y amount shall be the recipient's total export 
sales value during the subsidy POI. 
  (ii) In the case of subsidies tied to producti on or sale of a particular product or products, 
the relevant sales for attribution of the s ubsidy amount shall be the recipient's total 
sales value of that/those product(s) during the subsidy POI. 
 G/ADP/N/1/DOM/3/Suppl.1 
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   (iii) In the case of subsidies tied to a particular market or markets, the relevant sales for 
attribution of the subsidy amount shall be th e recipient's total sales value to that/those 
market(s) during the subsidy POI. 
 
 (iv) In the case of subsidies tied exclusively to production and/or sale of products, or for 
markets, other than exports of the invest igated product to the Dominican Republic, no 
subsidy amount shall be attributed to those exports, that is, no amount of such subsidies shall be countervailed. 
 
CHAPTER V 
DETERMINATION OF THE TOTAL RATE OF SUBSIDIZATION 
OF THE INVESTIGATED PRODUCT 
 Article 120.   The Commission shall calculate the ad valorem  rate of subsidization for a foreign 
producer or exporter of the investigated product,  from a given subsidy or subsidy programme, by 
dividing the subsidy POI amount by the appropriate value of sales, determined as established, and 
multiplying the result by 100.  Paragraph.   The Commission shall calculate the total ad valorem  subsidy rate for a foreign producer 
or exporter of the investigated product by summing the ad valorem  subsidy rates calculated for that 
producer or exporter for each of the subsid ies or subsidy programmes investigated. 
 Article 121.   In the case of allocable subsidies in high inflation countries the Commission may adjust 
the ad valorem  subsidy rate for inflation.  If such an ad justment is made it shall be performed by 
converting both the total subsidy amount and the value of sales for the POI into the same 
non-inflationary currency using the following excha nge rates:  for the total subsidy amount the 
exchange rate shall be the rate prevailing on the date when the subsidy is deemed to have been 
received, and for the value of sales for the POI the exchange rate shall be the average rate for the 
subsidy POI.  In cases where there are substantial variations in sales volume over the POI this average 
rate may be weighted by the sales volume in appropriate sub-periods of the POI. 
 
CHAPTER VI 
CALCULATION METHODOLOGY FOR 
CERTAIN FORMS OF SUBSIDIES 
 Article 122.   In the case of a grant no portion of the valu e of which is repaid to the government, the 
total subsidy amount shall be the amount of the grant,  determined in accordance with the provisions of 
these Regulations.  The date of receipt of the subsidy is  deemed to be the date of receipt of the grant. 
 Paragraph.   Small-value grants received during the subsidy POI shall be attributed in full to the year 
of receipt. 
 
Article 123.   A loan by a government shall only be consid ered as conferring a benefit to the extent 
that there is a difference between the amount that th e recipient pays in interest and any other charges 
or costs on the government loan, and the amount that  the recipient would have paid on a comparable 
commercial loan which it did or could have obtained on the market.  In this case the benefit shall be 
the difference between these two amounts. 
 First paragraph.   In the case of deferral of principal or interest, the amount of the deferred principal 
and interest shall be considered as an interest-free loan.   G/ADP/N/1/DOM/3/Suppl.1 
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  Second paragraph.   If all or part of a loan found to confer a benefit is forgiven or defaulted on, the 
amount not repaid shall be treated as a grant in  accordance with Article 122 of these Regulations, 
received on the date of default. 
 
Third paragraph.   When calculating the benefit to the recipien t, account shall be taken of the type of 
loan, i.e. short or long term.  Article 124.   In the case of an assumption or forgiven ess by the government of a firm's debt 
obligation, a benefit exists equal to the amount of principal and/or interest that the government has 
assumed or forgiven.  If the government receives shares in a firm in return for eliminating or reducing 
the firm's debt obligations, the Commission shall de termine the existence of a benefit in accordance 
with the provisions of Ar ticle 128 of these Regulations. 
 
Paragraph.   The Commission shall consider the date of r eceipt of the subsidy to be the date on which 
the debt or interest was assumed or forgiven.  Article 125.   Reimbursable grants and contingent liability loans (loans that are not payable until the 
occurrence of a specified future event), shall be treated as a series of short-term loans during the 
period before any repayment is made.  The methodology used for calculating the amount of the 
subsidy shall be that described for short-term loans.  In the event of a determination that such a grant 
or loan will not be repaid, the outstanding balance of  the grant or loan as of that time shall be treated 
as a grant received on the date on which the obligation to repay was extinguished.  Article 126.   A loan guarantee by a government shall only be considered as conferring a benefit to the 
extent that there is a difference between the amount th at the recipient of the gua rantee pays in interest 
and any other charges or costs on the guaranteed lo an and the amount that the firm would pay on a 
comparable commercial loan absent the government gua rantee.  In this case the benefit shall be the 
difference between these two amounts adju sted for any differences in fees. 
 Article 127.   In the case of a loan guarantee, the Comm ission shall consider the subsidy to be 
received on the date(s) on which the recipient makes loan payment(s), or in the absence of such 
payment(s), on the dates on which payment(s) woul d have been made on the comparator commercial 
loan.  The benefits from loan guarantees attributab le to the subsidy POI shall be determined in 
accordance with the relevant provisions of Ar ticle 123 of these Regula tions, depending on the 
maturity of the guaranteed loan. 
 
Article 128.   Government provision of equity capital sh all only be considered as conferring a benefit 
to the extent that the government's investment decisi on can be regarded as inconsistent with the usual 
investment practice (including for the provision of risk  capital) of private invest ors in the territory of 
the country where the equity infusion is made.  
Article 129.   The Commission shall consider an equity infusion to be inconsistent with usual 
investment practice if the price paid by the governme nt for newly issued equity shares is greater than 
the price paid by private investors for the same (or a similar) form of shares, at that time.  The amount 
of the subsidy shall be deemed to be the diffe rence between the price per share paid by the 
government and the price per share paid by the private investor, multiplied by the number of shares 
purchased by the government. 
 Article 130.   The exemption, remission or forgiveness of  direct taxes constitutes a subsidy in the 
amount of the difference between the amount of ta xes exempted, remitted or not collected and the 
amount that the firm otherwise would have paid abse nt the exemption, remission or forgiveness.  The G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
Page 32 
  
  Commission shall consider the date of receipt of  the subsidy to be the date on which the taxes 
exempted, rebated or forgiven otherwise would have been due. 
 
Article 131.   In the case of a deferral of taxes (direct tax es, indirect taxes, import duties and charges, 
and similar fiscal charges) the Commission shall cons ider such tax deferral as a government loan in 
the amount of the taxes deferred, as appropriate, de pending on whether the deferral is for less than one 
year or for one year or more (short or long term).   Tax deferral shall not be treated as conferring a 
subsidy if the government collects an appropriate commercial rate of interest on the deferred amount. 
 
Article 132.   In the case of a full or partial exempti on from indirect taxes or import charges, the 
Commission shall determine, subject to Law No. 1-02, the amount of any resulting subsidy as the 
difference between the amount of indirect taxes or import charges paid by a firm and the amount that 
would otherwise have been paid by the firm abse nt the exemption.  The Commission shall consider 
the date of receipt of the subsidy to be the date on which the firm would have had to pay the exempted 
tax or charge.  The Commission shall expense the amount of the subsidy.  Article 133.   In the case of a full or partial rebate or re mission of indirect taxes or import charges, the 
Commission shall determine the amount of any resu lting subsidy as the net amount of the taxes or 
charges paid after the rebate or remission, compared  with the amount that otherwise would have been 
paid absent the rebate or remission.  The Commission shall consider the date of receipt of the subsidy 
to be the date of receipt of the rebate or remi ssion, and shall expense the amount of the subsidy. 
 Article 134.   The provision of goods or services by a government shall only be considered as 
conferring a benefit to the extent that the provision is made for less than adequate remuneration.  The 
adequacy of remuneration in the country of provisi on shall be determined in relation to prevailing 
market conditions for the good or service in questio n in the country of provision (including price, 
quality, availability, marketability, transportation and other conditions of purchase or sale).  Article 135.   When determining the adequacy of rem uneration the Commission shall first seek to 
identify a price for the good or service in actual market  transactions by private suppliers in the country 
of their provision.  If such a price cannot be id entified, the Commission may determine the adequacy 
of remuneration on the basis of whether the price paid  to the government is sufficient to cover total 
costs, including selling, general and administra tive expenses, to provide the goods or services 
supplied, plus a reasonable amount for profit, or such other reasonable basis as may be determined. 
 
Article 136.   The amount of the subsidy shall be the difference between the price paid by the firm for 
the government-provided goods or services and th e adequate remuneration determined by the 
Commission.  The Commission shall consider the date  of receipt of the subsidy to be the date on 
which the firm pays or, in the absence of payment, would have had to pay for the 
government-provided goods or services.  
Article 137.   The purchase of goods by a government sha ll only be considered as conferring a benefit 
to the extent that the purchase is made for more than adequate remuneration.  The adequacy of 
remuneration shall be determined in relation to prevailing market conditions for the good in question 
in the country of its purchase (including price, qua lity, availability, marketability, transportation and 
other conditions of purchase or sale). 
 
Article 138.   When determining the adequacy of rem uneration the Commission shall first seek to 
identify a price for the good charged by the inves tigated firm in actual market sales to private 
purchasers in the country of purchase.  If such a price cannot be determined, the Commission may 
determine the adequacy of remuneration by examini ng whether other firms in that country have sold  G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
 Page 33 
  
  the same good on comparable terms and conditions to  private purchasers.  In cases where no such 
comparator price is available the Commission shall determine the adequacy of remuneration on the 
basis of whether the price paid by the government is  sufficient to cover the investigated firm's total 
cost of the good, including selling general and admi nistrative expenses, plus a reasonable amount for 
profit.  Article 139.   The amount of the subsidy shall be the difference between the price paid by the 
government for the goods purchased and the adequate  remuneration determined by the Commission.  
The Commission shall consider date of receipt of the subsidy to be the da te on which government 
pays for the goods purchased, and sha ll expense the amount of the subsidy. 
 Article 140.   In the case of government assistance to workers,  a benefit shall be deemed to exist to the 
extent that the assistance relieves the employer firm of an obligation that it otherwise would incur.  
The Commission shall consider the date of receipt  of the subsidy to be the date on which the 
government payment is made that relieves the firm of the relevant obligation. 
 Article 141.   For the purposes of these Regulations, the term  "prior-stage cumulative indirect taxes" 
shall mean multi-staged taxes levied on goods or services used directly or indirectly in making a 
product, where there is no mechanism for subsequent  crediting of the tax if the goods or services 
subject to tax at one stage of production of the product are used in a succeeding stage of production 
thereof.  Article 142.   For the purposes of these Regulations, th e term "inputs consumed in the production 
process" shall mean inputs physically incorporated , energy, fuels and oil used in the production 
process, and catalysts which are consumed in the course of their use to obtain a product. 
 Article 143.   In the case of the exemption or remission of indirect taxes, other than prior-stage 
cumulative indirect taxes, in r espect of the production and distribution of an exported product, the 
Commission shall consider that a subsidy exists only to the extent that it determines that the amount 
of the exemption or remission exceeds the amou nt levied with respect to the production and 
distribution of the like product when sold for domestic consumption. 
 Article 144.   In the case of the exemption or remission of prior-stage cumulative indirect taxes in 
respect of an exported product, the Commission shall consider that a subsidy exists only to the extent 
that it determines that the amount of the exemption or remission exceeds the amount of such taxes 
levied on inputs consumed in the production pr ocess, as provided for in Article 141 of these 
Regulations, making normal allowance for waste.  Article 145.   The Commission shall consider the date of r eceipt of the subsidy to be the date on which 
the excessive amount was remitted or the exempted taxes were otherwise due.  The Commission shall 
expense the amount of the subsidy. 
 
Article 146.   In the case of the remission or drawback of import charges in respect of an exported 
product, the Commission shall consider that a subsidy exists only to the extent that it determines that 
the amount of the remission or drawback exceeds the amount of import charges on imported inputs that are consumed in the production proc ess, making normal allowance for waste. 
 
Paragraph.   In the case of remission or drawback of im port charges in respect of inputs consumed in 
the production of an exported product, the Commi ssion shall consider the date of receipt of the 
subsidy to be the date on which the excessive amount was remitted or drawn back.  The Commission 
shall expense the amount of the subsidy. G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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Article 147.   The provisions of this Article shall also apply to cases of substitution drawback, where a 
firm uses a quantity of home market inputs equa l to, and having the same quality and characteristics 
as, the imported inputs as a substitute for them.  In such a case the Commission shall only deem that a 
subsidy exists when:   (i) The import and the corresponding export operations did not both take place within a 
reasonable time period, of not more than two years;  or 
 
 (ii) the amount drawn back exceeds the amount  of the import charges levied initially on 
the imported inputs for which drawback is claimed. 
 
CHAPTER VII 
INJURY AND CAUSAL LINK 
 
Article 148.   A determination of injury for the pur poses of these Regulations shall be based on 
positive evidence and involve an objective examination of:   (i) The volume of the subsidized imports; 
 
 (ii) the effect of the subsidized imports on prices in the domestic market for like 
products;  and 
  (iii) the consequent impact of these imports on domestic producers of such products. 
 
Article 149.   With regard to the volume of the subsid ized imports, the Commission shall consider 
whether there has been a significant increase in subsidized imports, either  in absolute terms or relative 
to production or consumption in the Dominican Republic.  Article 150.   With regard to the effect of the subsid ized imports on market prices in the Dominican 
Republic, the Commission shall consider: 
  (i) Whether there has been a significant pr ice undercutting by the subsidized imports as 
compared with the price of the domestic like product;  or 
 
 (ii) whether the effect of such imports is otherwise to depress prices to a significant 
degree;  or 
  (iii) to prevent price increases, which ot herwise would have occurred, to a significant 
degree. 
 
Article 151.   Where imports of a like product from more than one country are the subject of 
simultaneous countervailing duty i nvestigations, the Commission may cumulatively assess the effects 
of such imports on the domestic industry only if it determines that:   (i) The rate of subsidization established in relation to the investigated product from each 
country is more than de minimis  and the volume of the investigated product imported 
from each country is not negligible; 
  G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
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   (ii) a cumulative assessment of the effects of the imports is appropriate in the light of the 
conditions of competition between the im ports and the conditions of competition 
between the imports and the domestic like product. 
 
Article 152.   The examination of the impact of the subsidized imports on the domestic industry 
concerned shall include an evaluation by the Commi ssion of all relevant economic factors and indices 
having a bearing on the state of the industry, including:  
 (i) Actual and potential decline in sales, profits, output, market share, productivity, 
return on investments, or utilization of capacity; 
  (ii) factors affecting domestic prices;  
 (iii) actual or potential negative effects on cash flow, inventories, employment, wages, 
growth, ability to raise capital or investments;  and, 
  (iv) in the case of agricultu re, whether there has been an  increased burden on government 
support programmes. 
 
Paragraph.   This list is not exhaustive, nor can one or several of these factors necessarily give 
decisive guidance.  Article 153.   The Commission shall assess the effect of the subsidized imports in relation to 
production in the Dominican Republic of the domes tic like product when available data permit the 
separate identification of that production on the b asis of such criteria as the production process, and 
producers' sales and profits.  Paragraph.   If such separate identificat ion of that production is not possible, the Commission shall 
assess the effects of the subsidized imports by an  examination of the production of the narrowest 
group or range of products which includes the domestic like product and for which the necessary 
information can be provided. 
 Article 154.   The Commission shall base its determination of  a threat of material  injury on facts and 
not merely on allegation, conjecture or remote possi bility.  The change in circumstances which would 
create a situation in which the subsidy would cause injury must be clearly foreseen and imminent. 
 
Article 155.   When determining a threat of material in jury, in addition to the factors identified in 
Articles 148 to 151 and 152 of these Regulations, the Commission shall take into account other 
factors such as:   (i) The nature of the subsidy or subsidies in  question and the trade effects likely to arise 
therefrom; 
  (ii) a significant rate of increase of subs idized imports into the Dominican market 
indicating the likelihood of subs tantially increased importations; 
 
 (iii) sufficient freely disposable, or an immi nent, substantial increase in, capacity of the 
exporter indicating the likelihood of substantia lly increased subsidized exports to the 
Dominican market, taking into account the availability of other export markets to absorb any additional exports; G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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   (iv) whether imports are entering at prices that will have a significant depressing or 
suppressing effect on domestic prices in th e Dominican Republic, and would likely 
increase demand for further imports;  and 
 
 (v) inventories of the investigated product.  First paragraph.   No one of these factors by itself can necessarily give decisive guidance but the 
totality of the factors considered must lead to the conclusion that furthe r subsidized exports are 
imminent and that, unless protective action is taken, material injury will occur. 
 Second paragraph.   With respect to cases where subsidized  imports threaten to cause injury, the 
Commission shall consider and decide the applica tion of countervailing measures with special care. 
 
Article 156.   The Commission shall demonstrate that the subsidized imports are, through the effects 
of subsidies, causing injury.  The demonstration of a causal link between the subsidized imports and the injury to the domestic industry shall be based  on an examination of all relevant evidence, 
including:   (i) The volume and prices of non-subsidi zed imports of the product in question; 
 
 (ii) a contraction in demand or cha nges in the patterns of consumption; 
  (iii) the trade restrictive practices of and competition between the foreign and domestic 
producers; 
 
 (iv) developments in technology;  and   (v) the export performance and productivity of the domestic industry in the Dominican 
Republic. 
 
 (vi) The Commission shall also examine an y known factors other than the subsidized 
imports which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the subsidized imports. 
 
CHAPTER VIII 
INITIATION AND CONDUCT OF INVESTIGATIONS 
 
Article 157.   A subsidy investigation shall be initiated upon a written application by or on behalf of 
the domestic industry.  In special circumstances,  the Commission may initiate an investigation ex 
officio without having received a written application by or on behalf of the domestic industry.  It shall 
proceed only if it has sufficient ev idence subsidized imports, injury and a causal link to justify the 
initiation of an investigation. 
 Article 158.   An application under the preceding Article shall contain a description of the facts and 
shall include evidence of (i) a subsidy and if possibl e its amount;  (ii) injury;  and (iii) a causal link 
within the meaning of these Regulations. 
 
First paragraph.  The application and the forms sent out by the Commission and duly completed, as 
well as the accompanying documents, shall be submitted in writing in original versions, together with 
as many copies as there are importers, exporters and,  where applicable, foreign governments named in 
the application.  G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
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Second paragraph.   All of the aforementioned documents shall be deposited with the Commission in 
electronic format using Word for the texts, Excel fo r the charts and Adobe Acrobat for the annexes, or 
programs that are compatible with these. 
 Third paragraph.   In addition to being submitted in writing and fulfilling the requirements set out in 
Articles 32 and 33 of the Law, the application for the initiation of an investigation shall be filed 
together with the forms sent out by the Commission.   The application shall contain such information 
as is reasonably available to the applicant on the following: 
  (a) The name, address and telephone number of the applicant;   (b) the identity of the domestic industry by or  on behalf of which the application is being 
made, including the names, addresses a nd telephone numbers of all other known 
producers in the domestic industry; 
  (c) information relating to the degree of do mestic industry support for the application, 
including: 
 
(i) the total volume and value of dome stic industry production of the domestic 
like product;  and 
 
(ii) the volume and value of the domestic  like product produced by the applicant 
and by each domestic producer identified; 
 
 (d) a complete description of the product to be investigated and the like product 
manufactured by the domestic industry, including the technical characteristics and uses of the product and its tariff classification number; 
  (e) the country in which the allegedly subs idized product is manufactured or produced 
and, if it is imported from a country ot her than the country of manufacture or 
production, the intermediate country from which the product is imported; 
  (f) the name and address of each person th e applicant believes sells the allegedly 
subsidized product and the proportion of total exports to the Dominican Republic 
which that person accounted for during the most recent twelve-month period, and a 
list of persons known to import the product in question; 
  (g) evidence with regard to the existence, amount and nature of the subsidy in question; 
  (h) evidence that alleged injury to a domes tic industry is caused by subsidized imports 
through the effects of the subsidies;  this evidence includes information on the 
evolution of the volume of the allegedly subsidized imports, the effect of these 
imports on prices of the domestic like product in the Dominican market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry. 
 
Fourth paragraph.   Applications under this Article shall be signed by the interested party or parties, 
or by persons acting on their behalf or representi ng them, and shall bear the official stamp of the 
company, enterprise or association in question.  G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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  Fifth paragraph.   The Commission shall examine the accu racy and adequacy of the evidence 
provided in the application to determine whether ther e is sufficient evidence to justify the initiation of 
an investigation. 
 
Article 159.   The Commission shall avoid, unless a de cision has been made to initiate an 
investigation, any pub licizing of the application for th e initiation of an investigation. 
 Article 160.   As soon as an application for the initiation of an investigation has been accepted, and 
before the investigation is initiated, the Commissi on shall invite for consultations the government 
representatives of the countries the products of which may be subject to such investigation. 
 First paragraph.   Throughout the period of investigation, countries the products of which are the 
subject of the investigation shall be afforded a reas onable opportunity to continue consultations with a 
view to clarifying the facts of the case and to arrivi ng at a mutually agreed solution.  As soon as the 
application for initiation of an investigation has been filed, the Commission may invite for 
consultation the parties involved.  Second paragraph.   Upon request from the government representatives of the countries the products 
of which are the subject of the investigation, the Commission shall permit access to non-confidential 
evidence, including the non-confidential summary of  confidential data being used for initiating or 
conducting the investigation.  Third paragraph.   Any application made in accordance with the Law and these Regulations may be 
withdrawn prior to initiation of the investigation. 
 
Fourth paragraph.   The Commission may seek additional information from the applicant before 
deciding whether to initiate an investigation.  Article 161.   The Commission may initiate an inves tigation when it has determined that: 
 
 (i) The application is made by or on behalf of the domestic industry;  or 
  (ii) conditions exist to initiate an investig ation ex officio pursuant to Article 35 of the 
Law;  and 
 
 (iii) there is sufficient evidence of s ubsidized imports, injury and causal link. 
 Article 162.   Where the Commission does not consider it a ppropriate to initiate an investigation, it 
shall notify the applicant(s) of the reasons for not doing so.  Article 163.   The Commission shall normally decide wh ether or not to initiate a countervailing 
measures investigation within thirty (30) days of  the date of receipt of the written application. 
 Paragraph.   When the application involves complex issues, or if the Commission has sought 
additional information from the applicant, this time period may be extended to forty-five (45) days.  
Any additional information required will be requested pr ior to the decision to initiate an investigation, 
within the 30-day deadline or extension th ereof as specified in this paragraph. 
 Article 164.   For the purposes of this Chapter, an applica tion shall be considered to have been made 
"by or on behalf of the domestic industry" if it is supported by those domestic producers whose 
collective output constitutes more than 50 per cent of  the total production of the like product produced  G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
 Page 39 
  
  by that portion of the domestic industry expressing eith er support for or opposition to the application.  
However, no investigation shall be initiated when domestic producers expressly supporting the 
application account for less than 25 per cent of to tal production of the like product produced by the 
domestic industry. 
 Article 165.   The Commission shall not initiate an inves tigation with respect to a given allegedly 
subsidized product and country, if, from informa tion reasonably available to the Commission, it 
determines that: 
 
(i) The rate of subsidization is de minimis , i.e. less than 1 per cent ad valorem , or 
in the case of subsidies provided by a developing country does not exceed 2 per cent ad valorem .  For developing countries covered by Annex VII of 
the Agreement on Subsidies, an ad valorem  rate of 3 per cent shall apply; 
 
(ii) the volume of the subsidized imports, actual or potential, is negligible. 
  (a) In cases where the allegedly subsidized product is being imported from one or more 
developed countries, imports are considered to be negligible if the volume of the 
allegedly subsidized imports from a devel oped country represents less than 1 per cent 
of the total imports of the domestic like product, unless imports from developed 
countries whose individual shares of total im ports represent less than 3 per cent of the 
total imports of the domestic like product; 
  (b) in cases where the allegedly subsidized  product is being imported from one or more 
developing countries, imports are considered to be negligible if the volume of the 
allegedly subsidized imports represents less th an 4 per cent of the total imports of the 
domestic like product, unless imports from  developing countries whose individual 
shares of total imports represent less than  4 per cent collectively account for more 
than 9 per cent of the total imports of the domestic like product. 
 
Paragraph.   If, during the investigation process, the Commission finds that the amount of the subsidy 
is de minimis , or that the volume of subsidized imports, actual or potential, is negligible, the 
investigation shall be terminated immediately.  Article 166.   As soon as the Commission h as decided to initiate an investigation, it shall:  (i) notify 
the initiation of an investigation to the exporte rs, importers and representative associations of 
importers or exporters known to the Commission to  be concerned, as well as representatives of the 
exporting country(ies), the applicant(s) and other pa rties known to the Commissi on to have an interest 
therein;  and (ii) give public notice in a nationa l newspaper in the Dominican Republic and posted on 
the relevant section of the Commission's website.  
First paragraph.   If the Commission rejects an application for the initiation of a subsidy 
investigation submitted by or on behalf of the domest ic industry on grounds of insufficient evidence, 
it shall promptly issue a resolution to the effect th at there is no injury or causal link to justify the 
initiation of an investigation.  This resolution sha ll be transmitted to the interested parties at the 
domicile mentioned in the application for initiation,  and shall be published in a national newspaper 
and posted on the relevant section of the Commission's website. 
 Second paragraph.   The parties may make an appeal to the Commission for review of any resolution 
rejecting the initiation of an investigation.  The time limit for lodging such an appeal shall be 
fifteen (15) days as of the date of notification of the resolution rejecting the application. G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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Third paragraph.   The Commission shall have a period of not more than thirty (30) days in which to 
respond to the request for review. 
 
Article 167.   The notification and public notice of the in itiation of an investigation pursuant to the 
foregoing Article shall contain the following:   (i) The name(s) of the country(ies) of export, and if different, the country or countries of 
origin, of the investigated product; 
  (ii) a full description of the investigated product, including the technical characteristics 
and uses of the product and its current tariff classification number; 
 
 (iii) a description of the subsidy practice or practices to be investigated; 
  (iv) a summary of the factors on which the a llegations of injury and causal link are based; 
  (v) the address where information and comments may be submitted;  
 (vi) the date of initiation of the investigation;  and 
  (vii) the proposed schedule for the investigation.  Paragraph.   The initiation of the investigation shall be effective on the date on which the public 
notice appears. 
 Article 168.   Subject to the requirement to prot ect confidential information pursuant to 
Articles 171 ff. of these Regulations, the Commission shall, as soon as the investigation is initiated, 
provide the full text of the written application r eceived to the known exporters and foreign producers 
and to the authorities of the exporting country and ma ke it available, upon request, to other interested 
parties. 
 Paragraph.   Where the number of exporters involved is particularly high, the Commission may 
provide of the text to the relevant trade association( s) or, where that is not possible, to the authorities 
of the exporting country(ies). 
 
Article 169.   The Commission shall, except in special  circumstances, conclude countervailing 
measures investigations within one year, and in no case more than 18 months, after their initiation. 
 Article 170.   A countervailing proceeding shall not hi nder customs clearance procedures.  Once 
measures are adopted, no additional formalities other th an those required for the application of these 
measures shall be applied. 
 Article 171.   The Commission shall, during and after an  investigation, keep confidential any 
information submitted to it which is entitled to su ch treatment.  Such information shall not be 
disclosed without specific permission of the party submitting it. 
 
Article 172.   Information shall be deemed to be i nherently confidential, unless the Commission 
determines that disclosure in a particular case w ould neither be of significant competitive advantage 
to a competitor, nor have a significantly adver se effect upon a person supplying the information or  G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
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  upon a person from whom he/she acquired the inform ation.  The following information is deemed 
confidential:  
 (i) Business or trade secrets concerning the nature of a product, production processes or 
operations, and production equipment or machinery; 
  (ii) information concerning the financial c ondition of a company which is not publicly 
available; 
 
 (iii) information concerning the costs, identification of customers, sales, inventories, 
shipments, or amount or source of any income, profit, loss or expenditure related to the manufacture and sale of a product. 
 
Article 173.   Parties seeking confidential status for certain  information shall request such treatment at 
the time such information is submitted, including th e reasons why confidential treatment is warranted.  
The Commission shall consider such requests e xpeditiously, and inform the party submitting the 
information if it determines that the request for confidential treatment is not warranted. 
 Article 174.   The parties shall furnish non-confidentia l summaries of all information for which 
confidential treatment is sought.  These summaries sha ll be sufficiently detailed to permit a reasonable 
understanding of the substance of the information submitted in confidence. 
 Article 175.   If the Commission finds that a request for c onfidential treatment is not warranted, and if 
the supplier of the information is unwilling to ma ke the information public, the Commission shall 
disregard such information, and return the in formation concerned to the party submitting it. 
 Article 176.   Information declared as confidential sh all be accessible to the Commission alone.  
Where appropriate, access shall be available only to the competent authorities of the WTO dispute 
settlement mechanisms.  
Paragraph.   Without prejudice to the provisions of th is Article, access to confidential information 
may be given in writing by the parties involved in the investigation, subject to prior authorization 
from the party that has supplied the confidential information in question.  Article 177.   If, at any time during the investigation,  an interested party refuses access to, or 
otherwise does not provide, necessary information within the period of time prescribed by the 
Commission, or otherwise significantly impedes the investigation, the Commission may reach 
preliminary or final determinations, affirmative or negative, on the basis of the information available, 
including the application.  Article 178.   The Commission shall take due account of an y difficulties experienced by interested 
parties, in particular small companies, in supplyi ng information requested.  In that context, the 
Commission shall provide any assistance practicable and/or may extend any time period prescribed for the submission of a given item of  information whenever applicable. 
 Article 179.   The Commission shall establish and maintain a public file relating to each investigation 
or review pursuant to these Regulations.  Subjec t to the requirement to protect confidential 
information, the Commission shall promptly place in the public file:   (i) All public notices relating to the investigation or review;  G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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   (ii) all materials, including questionnair es, responses to questionnaires, and written 
communications submitted to the Commission; 
 
 (iii) all other information developed or obtained by the Commission, including any 
verification report(s) prepared; 
  (iv) any other documents the Commission deem s appropriate for public disclosure;  and, 
 
 (v) a table of contents for the public file. 
 Article 180.   The public file shall be available to the general public for review and copying at the 
offices of the Commission throughout the course of  the investigation or review and any resulting 
judicial review. 
 
CHAPTER IX 
INVESTIGATION PROCEDURE 
 
Article 181.   The Commission shall, in the public noti ce of initiation, include the proposed schedule 
for the conduct of the investigation, including th e proposed time-limits for submission of written 
arguments, the date of any hearing, the proposed date for the preliminary determination, and the 
proposed date for the final determination.  Article 182.   Upon initiation of the investigation, the Commission shall send questionnaires to any 
person they believe may have info rmation relevant to the investig ation, including known domestic 
producers, importers, exporters, foreign producers and the governments of the countries the products 
of which are subject to such investigation.  Article 183.   The Commission shall give exporters, foreign producers and interested countries 
receiving a questionnaire at least thirty (30) days for reply.  This time-limit shall be counted from the 
date on which the questionnaire was sent to the respondent or transmitted to the appropriate 
diplomatic or official representative of the e xporting country.  The Commission shall give due 
consideration to any request for an extension of  the period, and shall grant such an extension 
whenever practicable, upon good cause shown, taking into account the time-limits for the 
investigation.  
First paragraph.   In the case of foreign exporters and pr oducers it shall be deemed to have been 
received one week from the date on which it was sent to the respondent or transmitted to the 
appropriate diplomatic representative, or to the offi cial representative of the exporting country, or sent 
via the Ministry of Foreign Affairs.  The above-mentioned 30-day period shall begin as soon as the week has passed.  
Second paragraph.   The Commission shall give the domes tic industry and importers receiving a 
questionnaire a time-limit of thirty (30) days for reply.  Third paragraph.   The Commission may disregard replies to questionnaires not submitted within the 
time-limit envisaged and in the manner requested. 
 
Article 184.   The Commission may, during the course of th e investigation, request further information 
from interested parties, by means of supplementary  questionnaires, or written requests for clarification 
or additional information.  Such requests shall stat e the date by which reply is due.  Provided it is 
practicable, sufficient time shall be granted in  order to allow for meaningful replies.  G/ADP/N/1/DOM/3/Suppl.1 
 G/SCM/N/1/DOM/2/Suppl.1  G/SG/N/1/DOM/2/Suppl.1 
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Article 185.   Any interested party may, on its own initiative, submit, in writing, any information it 
considers relevant to the investigation.  The Co mmission shall consider such information unless such 
consideration would be un duly burdensome to it or disrupt the timely progress of the investigation. 
 Article 186.   The Commission shall base its assessments of  subsidization, injury and causal link on 
data relating to defined periods, which shall be the periods for which information is requested in 
questionnaires: 
 
 (i) The investigation period for the determin ation of subsidization normally shall be the 
most recently completed calendar or fiscal year, as relevant, preceding the initiation of the investigation; 
 
 (ii) the investigation period for injury shal l normally be three (3) years.  However, the 
Commission may select a shorter or longer period if it so deems appropriate in the light of available information regarding the domestic industry and the investigated 
product; 
  (iii) where different periods from those specif ied as the norms in subparagraphs (i) and (ii) 
are used, the Commission shall include in its  published report on the investigation an 
explanation of the reasons therefor. 
 Article 187.   No later than fifteen (15) days befo re the scheduled date of the preliminary 
determination, interested parties may submit written arguments to the Commission concerning any 
matter relevant to the investigation. 
 Article 188.   Pursuant to Article 45 of the law, the Commission may make a preliminary 
determination of subsidisation, injury or the th reat of injury and causal link.  The preliminary 
determination shall be based on all information ava ilable to the Commission at that time;  the Parties 
have a period of ten (10) days in which to submit  their opinion on the preliminary determination.  
There shall be no extension in this case and the said period shall run from the time the Parties 
acknowledge receipt of the preliminary determination.  Article 189.   The Commission shall issue a public notice of the preliminary determination, whether 
affirmative or negative, as envisaged in Article 36, Paragraph I of the Law.  The notice of preliminary 
determination shall set forth in sufficient detail th e investigations made and the conclusions reached 
on all issues of fact and law considered materi al, due regard being give n to the protection of 
confidential information.  The noti ce shall also contain the following: 
  (i) The names of the known exporters a nd producers of the investigated product; 
 
 (ii) a description of the investigated product, including the tariff classification in force; 
  (iii) the amount of subsidy established and th e basis on which the existence of a subsidy 
has been determined; 
 
 (iv) the factors that have led to the determinations of injury and causal link, including 
information on factors other than subsidi zed imports that have been taken into 
account;  and 
 G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
Page 44 
  
   (v) the amount of any provisional measures to be applied and the reasons why such 
provisional measures are necessary to prevent injury caused during the investigation; 
 
 (vi) an explanation of the investigation period for the subsidy or injury; 
  (vii) the main reasons underlying the determination.  Article 190.   The Commission shall publish the notice in a national newspaper and in the relevant 
section of the Commission's electronic portal. 
 Article 191.   The public notice shall be forwarded to the country or countries exporting the 
investigated product and to other known inter ested parties via the appropriate channels. 
 
Article 192.   The Commission shall, on request made within fifteen (15) days of the publication of the 
preliminary determination, hold separate disclosure meetings with exporters  or producers requesting 
such a meeting, to explain the subsidy calculation methodology preliminarily applied for that foreign 
producer or exporter.  Article 193.   Where the Commission continues the investig ation pursuant to these regulations, it shall 
publish a notice of the continuation of the investigat ion, setting forth the proposed date for the final 
determination, and any other modifications to the proposed schedule of the investigation.  Any final 
determination in such a continued investigation shall normally be ma de within 120 days from the date 
of publication of the notice of preliminary determination.  
Article 194.   In the course of the investigation, the Commission shall examine the accuracy and 
adequacy of the evidence provide d by the interested parties. 
 Article 195.   To verify information provided or to obtain further details, the Commission may carry 
out investigations in other countries as required, pr ovided it obtains the prior agreement of the firms 
concerned and provided it notifies the representativ es of the government of the country in question 
and the latter do not object to the investigation. 
 Paragraph.   The Commission shall prepare a report on any verification carried out.  It shall make the 
report available in full to the interested party an d place a non-confidential version in the public file, 
and shall endeavour to complete any such verifica tion prior to the date of any hearings in the 
investigation. 
 Article 196.   In an investigation in which no hearing is  requested, any interested party may submit 
written arguments concerning any matter it considers relevant to the investigation no later than 
thirty (30) days before the date proposed for the final determination.  
Article 197.   The Commission shall, upon request by an interested party made no later than 
thirty (30) days after publication of the prelimin ary determination, schedule a hearing at which all 
interested parties may present information and argum ents.  The hearing shall be held no later than 
sixty (60) days prior to the date proposed for the final determination. 
 
Article 198.   In an investigation in which a hearing is held, no later than ten (10) days before the 
scheduled date of the hearing, any interested party may submit written arguments concerning any 
matter it considers relevant to the investigation.  Following the hearing, interested parties who 
participated in the hearing may, within ten ( 10) days, submit written arguments in response to 
arguments and information presented at the hearing.  G/ADP/N/1/DOM/3/Suppl.1 
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First paragraph.   There shall be no obligation on any interest ed party to attend a hearing, and failure 
to do so shall not be prejudicial to  that interested party's case.  Hear ings shall, to the maximum extent 
possible, be organized by the Commission so as to ta ke into account the conven ience of the interested 
parties.  Second paragraph.   Interested parties intending to appear at the hearing shall notify the Commission 
of the names of representatives and witnesses who will appear at the hearing at least five (5) days 
before the date of the hearing. 
 Article 199.   Hearings shall be presided over by the Chair of the Commission, who shall ensure that 
confidentiality is preserved, and shall organize the hearing in a manner to ensure that all parties 
participating have an adequate opportunity to presen t their views.  The Commission shall maintain a 
record of the hearing, which shall be promptly placed in the public file, with the exception of any 
confidential information.  Paragraph.   Should the Chair of the Commission be unable to attend the said hearing, the 
Commission shall appoint one of its members to preside over it.  
Article 200.   Interested parties should have the right to present information orally at hearings, and that 
information shall be considered, provided it is s ubsequently submitted in writing, in a period not 
exceeding five (5) days.  This information will be placed in the public file, with the exception of any 
confidential information.  
Article 201.   In cases where the product is normally sold at the retail level in the Dominican 
Republic, the Commission shall give industrial users of the product under investigation and 
representative consumers' associations the opportunity  to provide any information relevant to the 
investigation on subsidy, injury and the causal link between them.  Such information shall be provided 
in writing.  
Paragraph.   The Commission shall allow industrial users of the product under investigation and/or 
representative consumers' associations to make oral presentations at any hearing held in the course of 
an investigation.  Article 202.   After any hearing has been held and th e Commission has completed verification of 
information collected in the course of the investiga tion and, in any event, at least thirty (30) days 
before the proposed date for the final determina tion, the Commission shall inform all interested 
parties, in writing, subject to the applicable c onfidentiality requirements, of the essential facts under 
consideration which will form the basis for the decision whether to apply definitive measures. 
 Article 203.   Interested parties shall submit comments, if  any, on information disclosed to them, in 
writing and within fifteen (15) days of the disclosure. 
 Article 204.   The Commission shall normally make a final determination of subsidization, injury, and 
causal link within one hundred and twenty (120) days  of the preliminary determination.  The final 
determination shall be based on a ll information obtained by the Commission during the course of the 
investigation that has been disclo sed to interested parties, subjec t to the applicable confidentiality 
requirements.  Article 205.   The Commission shall issue a public noti ce of the final determination, whether 
affirmative or negative.  The notice of final determin ation shall include all relevant information on the G/ADP/N/1/DOM/3/Suppl.1 
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  matters of fact and law and reasons  that have led to the determina tion, regard being given to the 
protection of confidential information, including:  
 (i) The names of the known exporters a nd producers of the investigated product; 
  (ii) a description of the investigated prod uct that is sufficient for customs purposes, 
including the current tariff classification; 
 
 (iii) an explanation of the investiga tion period for the subsidy or injury; 
  (iv) the amount of subsidy established and th e basis on which the existence of a subsidy 
has been determined; 
 
 (v) the factors that have led to the dete rmination of injury and causal link, including 
information on factors other than subsidi zed imports that have been taken into 
account; 
  (vi) any other reasons leading to the final determination;  
 (vii) the reasons for the acceptance or rejection of relevant arguments or claims made by 
exporters and importers; 
  (viii) the amount of any countervailing duties to be imposed, including any considerations 
relevant to the Commission's examination of  the Dominican Republic's interest and of 
whether a duty less than the amount of the s ubsidy would be adequate to remove the 
injury to the domestic industry;  and, 
  (ix) if final countervailing duties are to be co llected with regard to the imports to which 
provisional measures were applied, the reasons for the decision to do so. 
 
Article 206.   The Commission shall publish the notice in a national newspaper and in the relevant 
section of the Commission's electronic portal.  Paragraph.   The notice shall be forwarded to the c ountry or countries the products of which are 
subject to such determination and to other known in terested parties, via the appropriate channels. 
 
Article 207.   After the final determination has been issued, the Commission shall, on request made 
within fifteen (15) days of the publication of the final determination, hold separate disclosure 
meetings with exporters or producers requesting such a meeting, to explain the subsidy amount 
calculation methodology finally applied for that foreign producer or exporter. 
 
CHAPTER X 
CONCLUSION OF THE INVESTIGATION 
 
Article 208.   An application for the start of an inves tigation may be withdrawn at any time after an 
investigation has been initiated,  in which case the Commission sh all terminate the investigation 
without imposing definitive measures, unless it determin es that it is in the interest of the Dominican 
Republic to continue the investigation.  Article 209.   An investigation shall be terminated prom ptly when the Commission is satisfied that 
there is not sufficient evidence of subsidization, in jury or causal link to justify proceeding with the  G/ADP/N/1/DOM/3/Suppl.1 
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  case.  The investigation shall also be terminated upon  the occurrence of any of the situations foreseen 
in Article 165 of these Regulations.  
Article 210.   The Commission shall, due regard being paid to the protection of confidential 
information, issue a public notice of the conclu sion of an investigation without imposition of 
measures.  The said public notice shall set forth the investigations made and the conclusions reached 
on all issues of fact and law considered material, including the issues of fact and law that led to the acceptance or rejection of the arguments. 
 
CHAPTER Xl 
PROVISIONAL MEASURES 
 
Article 211.   The Commission may impose provisional measures if it makes an affirmative 
preliminary determination of subsidization, inju ry, and causal link, and determines that provisional 
measures are necessary to prevent injury being caused during the investigation.  A negative 
preliminary determination of subsid ization shall not automatically terminate the investigation, but no 
provisional measures shall be imposed in such a case.  The Commission shall take account of 
Paragraphs I and II of Article 45 of the Law for the purposes of imposing provisional measures. 
 
Paragraph.   A public notice of the imposition of provisional measures shall set forth, or otherwise 
make available through a separate report, sufficiently detailed explanations for the preliminary 
determinations on dumping and injury  and shall refer to the matters of  fact and law which have led to 
arguments being accepted or rejected.  Such a notice or report shall, due regard being paid to the 
requirement for the protection of confiden tial information, contain in particular: 
 
 (i) The names of the suppliers, or when th is is impracticable, the supplying countries 
involved; 
  (ii) a description of the product which is sufficient for customs purposes;  
 (iii) the amount of subsidy established and th e basis on which the existence of a subsidy 
has been determined; 
  (iv) considerations relevant to the injury de termination as set out in Chapter II of this Part; 
 
 (v) the main reasons underlying the determination. 
 
CHAPTER XII 
UNDERTAKINGS 
 
Article 212.   For the purposes of Article 43 of the La w, the Commission shall neither seek nor accept 
undertakings unless the Commission has made a preliminary affirmative determination of 
subsidization, injury, and causal link, and in the case of undertakings from exporters, has obtained the 
consent of the exporting country.  Article 213.   Undertakings offered need not be accepte d if the Commission considers their acceptance 
impractical (for example, if the number of actual or potential exporters is too great, or for other 
reasons, including reasons of general policy).  Article 214.   In the case envisaged in the preceding Article, and provided it is feasible, the 
Commission shall provide the reasons that have led to the determination that the acceptance of an G/ADP/N/1/DOM/3/Suppl.1 
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  undertaking is inappropriate and, to the extent possible, shall gi ve the exporter an opportunity to make 
comments thereon.  
Article 215.   If an undertaking is accepted, the Comm ission shall nevertheless complete the 
investigation of subsidization and injury if th e exporting country so desires or the Dominican 
Republic so decides.  In this case, if the Commis sion makes a negative determination of subsidization 
or injury, the undertaking shall automatically lapse, except in cases where such  a determination is due 
in large part to the existen ce of such an undertaking. 
 
Paragraph.   In such cases the Commission may require th at an undertaking be maintained for a 
reasonable period of time, in accordance with the provisions of the Law and of these Regulations. 
 Article 216.   The Commission may suggest price undertakings, but no exporter shall be forced to 
enter into such undertakings.  The fact that gove rnments or exporters do not offer such undertakings, 
or do not accept an invitation to do so, shall in no way prejudice the consideration of the case.  
However, the Commission shall be free to determine that a threat of injury is more likely to be 
realized if the subsidized imports continue.  Article 217.   The Commission may require any government or exporter from whom undertakings 
have been accepted to provide periodically informa tion regarding the fulfilment of such undertakings, 
and which permits verification of pertinent data .  In case of violation of an undertaking, the 
Commission may, pursuant to the Law and these Regulations, take actions  which may constitute 
immediate application of provisional measures using the best information available.  
Paragraph.   In these cases, definitive duties may be levied in accordance with the Law and these 
Regulations on goods entered for cons umption not more than ninety (90) days before the application 
of such provisional measures, excep t that any such retroactive assess ment shall not apply to imports 
entered before the violation of the undertaking.  Article 218.   Having taken account of Article 43 of th e Law, the Commission shall publish the notice 
in a national newspaper and in the relevant section of the Commission's electronic portal. 
 Article 219.   The public notice of the acceptance of an  undertaking shall include the non-confidential 
part of the undertaking and set forth in sufficient detail the findings and conclusions on all issues of fact and law considered material by the Commission. 
 
CHAPTER XIII 
COUNTERVAILING MEASURES 
 
Article 220.   The amount of the countervailing duty shall not exceed the rate of subsidization as 
established pursuant to these Regulations.  When  the Commission has determined that all 
requirements for the imposition of countervailing me asures have been fulfilled, it shall examine 
whether the imposition of such measures would be  in the interest of the Dominican Republic. 
 Paragraph.   The amount of the countervailing duty shall be assessed on a prospective basis.  In these 
cases, provision shall be made for a prompt refund, upon request, of any duty paid in excess of the 
amount of the subsidy. 
 Article 221.   The amount of the countervailing duty sha ll not exceed the amount of the subsidy as 
established pursuant to these Regulations.  The counte rvailing duty may be equal to or lower than the  G/ADP/N/1/DOM/3/Suppl.1 
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  amount of the subsidy if that lower duty would be adequate to remove the injury to the domestic 
industry.  
Article 222.   Countervailing duties shall take the form of ad valorem  or specific duties and shall be 
additional to any other import duties levied in c onnection with the imported products in question. 
 Paragraph.   The Commission shall collect the countervailing duties in the appropriate amounts in 
each case, on a non-discriminatory basis on imports  of such product from all sources found to be 
subsidized and causing injury. 
 Article 223.   Provided it is possible, the Commission shall establish an individual countervailing duty 
rate for any exporter or producer not included in  the examination who has provided the necessary 
information during the course of the investigation,  and may apply a residual countervailing duty rate 
for imports from exporters and producers not known to the Commission at the time the final 
determination was made.  Paragraph.   No imported product may be subject to both anti-dumping and countervailing duties to 
compensate for the same situation of dumping or export subsidization.  
Article 224.   In the interest of the Dominican Repub lic, the Commission may suspend the application 
of measures imposed pursuant to these Regulations  for a specified period.  The Commission may 
suspend measures only where market conditions ha ve temporarily changed and the Commission 
determines that the application of the measures w ould not be in the interest of the Dominican 
Republic, and provided that the domestic industry has been given an opportunity to comment. 
 
Article 225.   A definitive countervailing duty may be co llected on products which were entered for 
consumption not more than ninety (9 0) days prior to the date of a pplication of provisional measures in 
critical circumstances where, for the subsidized pr oduct in question, the Commission finds that injury 
which is difficult to repair is caused by massive impo rts in a relatively short period of an investigated 
product benefiting from subsidies paid or bestowed inconsistently with th e provisions of GATT 1994 
and of the WTO Agreement on Subsidies and Countervailing Measures, and where the Commission 
deems it necessary, in order to preclude the recurre nce of such injury, to assess countervailing duties 
retroactively on those imports.  Article 226.   Where the Commission makes a final determinati on of injury (but not of a threat thereof 
or of material retardation of the establishment of an industry) or, in the case of a final determination of 
a threat of injury, where the Commission determines that the effect of the subsidized imports would, 
in the absence of the provisional measures, have led to a determination of injury, definitive 
countervailing duties may be levied retroactively for the period for which provisional measures, if 
any, have been applied.  
Article 227.   If the definitive countervailing duty is higher than the amount estimated for the purpose 
of the security, the difference sha ll not be collected.  If the definitive duty is lower than the amount 
estimated for the purpose of the security, the differen ce shall be released in the case of a bond, or 
reimbursed, with an appropriate amount for interest, in the case of a cash deposit.  
Article 228.   Except as provided in the preceding Article, where the Commission make a 
determination of threat of injury or material reta rdation (but no injury has yet occurred), a definitive 
countervailing duty may be imposed only from the date of the determination of threat of injury or 
material retardation.  G/ADP/N/1/DOM/3/Suppl.1 
G/SCM/N/1/DOM/2/Suppl.1 G/SG/N/1/DOM/2/Suppl.1 
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  Article 229.   Where the Commission makes a negative final determination or terminates the 
investigation without the imposition of definitive me asures, any security provided during the period of 
application of the provisional measures shall be released. 
 
CHAPTER XIV 
DURATION AND REVIEW OF THE COUNTERVAILING MEASURES 
 
Article 230.   A countervailing duty shall remain in force only as long as and to the extent necessary to 
counteract subsidization which is causing injury. 
 Article 231.   Any definitive countervailing duty shall be te rminated on a date not later than five years 
from its imposition or from the date of the most recent review, if that review has covered both 
subsidization and injury.  The Commission shall, no later than ninety (90) da ys preceding the date of 
expiry of the duty, publish a notice of impending ex piry of countervailing duties in its own Official 
Bulletin, in a national newspaper w ith broad circulation in the Domi nican Republic and on its website.  
However, definitive duties may be continued if the Commission determines, in a review initiated 
before the date of expiry on its own initiative or  upon a duly substantiated request made by or on 
behalf of the domestic industry within forty-fi ve (45) days from the public notice of impending 
termination of the definitive countervailing duties c oncerned, that the expiry of the duty would be 
likely to lead to continuation or recurrence of subsid ization and injury.  The duty may remain in force 
pending the outcome of such a review.  Article 232.   The Commission shall review the need for the continued imposition of the duty, on its 
own initiative or, provided that a reasonable period of time has elapsed since the imposition of the 
definitive countervailing duty, upon a written requ est from any interested party which contains 
positive information substantiating the need for a review.  Upon initiation of the review, the 
Commission shall publish a notice in its own Offici al Bulletin, in a national newspaper with broad 
circulation in the Dominican Republic and on its website.  Article 233.   In conducting a review under this Article, the Commission shall, upon request from any 
interested party, examine whether the continue d imposition of the duty is necessary to offset 
subsidization, whether the injury would be likely to  continue or recur if the duty were removed or 
varied, or both.  If, as a result of a review unde r the preceding Article, the Commission determines 
that the countervailing duty is no longer warrant ed, it shall be terminated immediately. 
 
Article 234.   If a product is subject to definitive coun tervailing duties, the Commission shall promptly 
carry out a review for the purpose of determini ng an individual countervailing duty rate for any 
exporters or producers in the exporting country(ies) concerned who did not export the product to the 
Dominican Republic during the period of investigati on, provided that these exporters or producers can 
show that they are not related to any of the expor ters or producers in the exporting country who are 
subject to the countervailing duties on the imported i nvestigated product.  Such a review shall be 
initiated within thirty (30) days following the date of receipt of the application by the producer or 
exporter concerned.  The review shall normally be completed within six (6) months from its initiation 
and, in any event, no later than twelve (12) months.  Article 235.   No countervailing measures shall be levied  on imports from such exporters or producers 
while the review is being carried out.  The Comm ission may, however, request guarantees in the 
amount of the residual countervailing duty rate dete rmined pursuant to these Regulations to ensure 
that, should such a review result in a determination of subsidization in respect of such producers or 
exporters, countervailing duties can be levied retroactiv ely to the date of the initiation of the review. 
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  Article 236.   Reviews carried out under this Chapter sh all be done expeditious ly, and shall normally 
be completed within twelve (12) months from their initiation.  
Article 237.   Any interested party who participated in an investigation, a review conducted by the 
Commission, or a refund procedure, by submitting in formation or written argument, or participating 
in any hearing, may seek prompt review of ac tions taken by the Commission relating to final 
determinations, reviews of de terminations, and re fund determinations, in the independent 
administrative tribunal. 
 
Article 238.   "Actions relating to final determinations " shall include intermediate decisions and 
actions taken by the Commission during the course of the investigation, including actions relating to 
the preliminary determination, the acceptance or re jection of undertakings, and the conduct of the 
investigation. 
 
PART IV 
GENERAL SAFEGUARD MEASURES 
 
CHAPTER I 
THREAT OF SERIOUS INJURY, SERIOUS INJURY AND CAUSAL LINK 
 
Article 239.   Where it is determined that as a result of unforeseen developments and of the effect of 
obligations incurred by the Government of the Dominican Republic under the GATT 1994, the 
investigated product is being imported in such increased quantities and under such conditions as to 
cause or threaten to cause serious injury to the domestic industry producing like or directly 
competitive products, a safeguard measure may be applied. 
 Article 240.   In its investigation to determine whether increased imports of the investigated product 
have caused or are threatening to cause serious in jury to a domestic industry, the Commission shall 
use as its basis an evaluation of all relevant obj ective and quantifiable factors having a bearing on the 
situation of that industry, in particular: 
 
 (i) The rate and amount of the increase in impor ts of the investigated product, in absolute 
terms and relative to domestic  production of like or directly competitive products; 
  (ii) the share of the domestic market take n by increased imports of the investigated 
product; 
  (iii) the impact of increased imports of the investigated product on the domestic industry, 
as evidenced by relevant indicators including:   actual and potential decline in sales, 
profits, production volume, market share, productivity, return on investments, or utilization of capacity;  factors affecting domestic prices;  actual and potential 
negative effects on cash flow, inventories, employment, wages, growth, ability to 
raise capital or investments. 
 Paragraph.   In investigating whether the increased im ports threaten to cause serious injury, the 
Commission shall also assess the following: 
 
 (i) The actual and potential export capacity of the country or countries of production or 
origin; 
  (ii) any build-up of inventories in the country and in the countries of export; G/ADP/N/1/DOM/3/Suppl.1 
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 (iii) the probability that exports of the invest igated product will enter the country's market 
in increasing quantities; 
 
 (iv) any other factor deemed appropr iate by the investigating authority. 
 Article 241.   The Commission may only determine that in creased imports of the investigated product 
have caused or are threatening to cause serious in jury to the domestic industry if the Commission 
finds that there is a relationship of cause and effect  between the increased imports and the actual, or 
threatened, serious injury.  Article 242.   When factors other than increased imports of the investigated product are at the same 
time causing or threatening to cause injury to the domestic industry, such injury shall not be attributed 
to the increased imports. 
 
CHAPTER II 
INITIATION OF PROCEEDINGS 
 
Article 243.   An investigation to determine whether in creased imports of the investigated product 
have caused or threaten to cause serious injury  to a domestic industry may be initiated: 
  (i) Upon a written request addressed to the Commission by or on behalf of a domestic 
industry; 
 
 (ii) ex officio by the Commission for the Regulation of Unfair Trade Practices and 
Safeguard Measures. 
 Article 244.   The request by an interested party to initia te an investigation into safeguard measures, in 
addition to being submitted in writi ng and satisfying the requirements prescribed in Article 61 of the 
Law, shall contain the following: 
 
 (i) The name or business name and domicile of the interested party and of his legal 
representative, accompanied by accrediting documents; 
  (ii) his principal activity; 
 
 (iii) the percentage of domestic production of the like or directly competitive products 
represented by the requesting enterprises; 
  (iv) in addition to the names and addresses of  the enterprises or entities represented in the 
application ("the requesting enterprises"), the names and addresses of all other known 
producers of the domestic like or directly competitive products shall also be included; 
  (v) a complete description of the inves tigated product, including its technical 
characteristics and uses, and an identificati on of its tariff classification and the duties 
applicable; 
 
 (vi) a complete description of the domestic like or directly competitive products, 
including their technical characteristics and uses; 
  (vii) a description of the increase in imports alleged to exist;  G/ADP/N/1/DOM/3/Suppl.1 
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   (viii) detailed information relevant to the existe nce of serious injury or threat thereof to the 
domestic industry in the three years preceding the request, and any more recent partial-year data, including but not limited to: 
 
(a) With respect to serious injury: 
 
1. Volume and value of domestic production; 
 
2. utilization of production capacity; 
 
3. changes in inventory levels; 
 
4. market share; 
 
5. changes in sales levels; 
 
6. level of employment and wages in the domestic industry; 
 
7. productivity; 
 
8. profit and loss; 
 
9. return on investment; 
 
10. cash flow; 
 
11. any other indicators considered relevant. 
 
(b) With respect to threat of serious inju ry, if alleged, the following shall also be 
analysed: 
 
1. Export capacity in the exporting countries; 
 
2. inventories in (country) and in the exporting countries; 
 
3. information regarding the proba bility that imports will increase, 
including, e.g., trade restrictions on exports to third country markets. 
 Article 245.   If a provisional measure is sought, inform ation must be provided regarding critical 
circumstances facing the affected domestic industry and proof that the damage to the industry would 
be difficult to repair, as well as a statement indi cating the level of tariff increase requested as a 
provisional measure. 
 Article 246.   Any request under these Regulations may be w ithdrawn prior to initiation, in writing, in 
which case it shall be considered not to have been made.  
Article 247.   The Commission may initiate an investigation, whether at the request of a domestic 
industry or on its own initiative, only when it has de termined that there is sufficient evidence that, as a 
result of unforeseen developments and of the effect of the obligations incurred by the Government of 
the Dominican Republic under the GATT 1994, the investigated product is being imported in such G/ADP/N/1/DOM/3/Suppl.1 
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  increased quantities and under such conditions as to cause  or threaten to cause serious injury to the 
domestic industry producing like or directly competitive products. 
 
Article 248.   Immediately after taking a decision regard ing initiation, the Commission shall provide 
public written notice of that decision to the exporting countries, and shall notify interested parties by publishing a notice regarding initiation of a safeguard investigation in a national daily newspaper;  for 
exporters, the corresponding channel shall be the Mi nistry of Foreign Affairs of the Dominican 
Republic.  The date of initiation of an investig ation shall be the date of such publication. 
 
Article 249.   If there are other interested parties desiring to  participate in the investigation, they shall 
have a period of fifteen (15) days from the date of the notification to indicate to the Commission in writing their interest in participating in the investigation.  
Article 250.   Upon the initiation of an investigation and th e determination of serious injury or threat 
of serious injury caused by the increase in imports, and once the decision has been taken to apply or 
extend a safeguard measure, the Committee of Safe guards of the World Trade Organisation (WTO) 
shall be notified and provided with a ll relevant information.  As soon  as the measure has been applied, 
the consultations referred to in Article 12 .4 of the Agreement shall be initiated. 
 
Article 251.   The notice regarding initiation of a safegua rd investigation shall include the following 
information:   (i) A description of the investigated produc t, including its technical characteristics and 
uses, and an identification of its tariff classification and the duties applicable; 
 
 (ii) a complete description of the domestic like or directly competitive products, 
including their technical characteristics and uses; 
  (iii) the names of the requesting enterprises, if any, and of all known producers of the 
domestic like or directly competitive products; 
 
 (iv) the name(s) of the country or countries of origin of the investigated product;   (v) a summary of the information on whic h the allegations of increased imports and 
serious injury or threat thereof caused by increased imports are based, including a 
summary of the unforeseen developments that led to the alleged increase in imports 
of the investigated product, or to the change in the conditions under which such imports occur, and a summary of the effect of relevant obligations incurred by the Government of the Dominican Republic under the GATT 1994; 
  (vi) the statement that the date of initia tion is the date of publication of the notice 
regarding initiation of a safeguard investigation; 
  (vii) whether or not application of a provisional measure will be considered; 
  (viii) the timetable for the investigation. 
 
Article 252.   The Commission shall complete the investiga tion within period of at least one year, 
which may, in exceptional and justified cases,  be extended to eighteen (18) months. 
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  Article 253.   The Commission may request directly from the interested parties, customs agents, 
forwarders and public and private institutions su ch data as it considers relevant for the better 
performance of its tasks.  This information will be placed in the public file, with the exception of any 
confidential information. 
 Article 254.   The Commission may conduct on-the-spot investigations to verify or obtain further 
details concerning the information provided.  Where such investigations are conducted, the 
Commission shall prepare a report describing the findings  of the verification.  This verification report, 
with the exception of any confidential information,  shall be placed promptly in the public file. 
 Article 255.   Any information which is by nature conf idential or which is provided on a confidential 
basis shall, upon cause shown, be treated as su ch.  If the Commission finds that a request for 
confidential treatment is not warranted, and if the pr ovider of the information is unwilling to make the 
information public or authorize its disclosure in  general terms or in gist, the Commission may 
disregard such information unless it is given coge nt evidence that the information is accurate. 
 Article 256.   The provision by the Government of the Dominican Republic of confidential 
information to a WTO dispute settlement panel in the context of the Agreement on Safeguards shall 
not be deemed to be a disclosure of confidential in formation within the meaning of this Chapter.  The 
Government of the Dominican Republic shall request  that the panel requesting the information make 
reasonable efforts to preserve the confiden tiality of the information provided to it. 
 Article 257.   Participating interested parties shall ha ve the opportunity, in accordance with the 
provisions of these Regulations, to present evidence and arguments in writing. 
 
Article 258.   In an investigation in which applicati on of a provisional safeguard measure will be 
considered, any participating interested party ma y submit, as rapidly as possible, written arguments 
concerning any matter it considers relevant to the preliminary phase of the investigation.  Those 
arguments shall, however, be submitted before the date proposed for the determination regarding the 
application of a provisional safeguard measure. 
 
Article 259.   In any investigation in which no heari ng is requested, any participating party may 
submit written arguments concerning any matter it consid ers relevant to the investigation no later than 
thirty (30) days before the date for the dete rmination regarding serious injury and causation. 
 
CHAPTER III 
HEARINGS 
 
Article 260.   The Commission shall, upon request of a pa rticipating interested party schedule a public 
hearing at which all participating interested pa rties may present information and arguments orally. 
 
First paragraph.   Any hearing shall be held no less than sixty (60) days prior to the date proposed for 
the final determination regarding serious injury or threat thereof and causation. 
 Second paragraph.   In an investigation in which a hearing is  held, no later than ten (10) days before 
the scheduled date of the hearing, any part y may submit written argum ents and information 
concerning any matter it considers re levant to the investigation. 
 Article 261.   There shall be no obligation on any participati ng interested party to appear at a hearing, 
and failure to do so shall not be prejudicial to that participating interested party's case. 
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  Article 262.   Participating interested parties intendi ng to appear at a hearing shall notify the 
Commission at least seven (7) days before the date of the hearing of the names of their representatives 
and witnesses who will appear at the hearing. 
 
Article 263.   Hearings shall be presided over by the Chair of the Commission, who shall ensure that 
confidentiality is preserved, and shall organize the hearing in a manner to ensure that all parties 
participating have an adequate opportunity to presen t their views.  The Commission shall maintain a 
record of the hearing, which shall be promptly placed in the public file, with the exception of any 
confidential information. 
 Paragraph.   Should the Chair of the Commission be unable to attend the said hearing, the 
Commission shall appoint one of its members to preside over it.  
CHAPTER IV 
PROVISIONAL SAFEGUARD MEASURES 
 
Article 264.   Upon taking a decision regarding the applica tion of a provisional safeguard measure, the 
Commission shall publish a notice in a national news paper and shall notify the exporting country via 
the appropriate channels.  The notice shall contain the following information: 
 
 (i) A description of the investigated product,  including its technical characteristics, uses, 
its tariff classification and the duties applicable; 
  (ii) the volume and value of the importe d product for the three years preceding the 
request, and any more recent partial-year data available, by country of origin; 
  (iii) a description of the domestic like or directly competitive products, including their 
technical characteristics, uses and their tariff classification; 
  (iv) the names of all known producers of the domestic like or directly competitive 
products; 
  (v) the basis for the determination of cr itical circumstances, where delay would cause 
damage that would be difficult to repair, and the basis for the determination of the 
existence of clear evidence that the inv estigated product is being imported in such 
increased quantities and under such conditions as to cause or threaten to cause serious 
injury to the domestic industry producing like or directly competitive products; 
  (vi) the amount of tariff increase proposed as the provisional safeguard measure;   (vii) the duration of the provisional safeguard measure. 
 
Article 265.   If the Commission decides not to apply a provisional safeguard measure, the notice 
regarding the non-application shall include the following information:   (i) A complete description of the investigated product, including its technical 
characteristics, uses, its tariff classification and the duties applicable; 
  (ii) an identification of the domestic like or directly competitive products;   G/ADP/N/1/DOM/3/Suppl.1 
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   (iii) an explanation of the reasons for th e decision not to apply a provisional safeguard 
measure; 
 
 (iv) a statement indicating whether the inves tigation will be terminated at that point, or 
continued through the final phase. 
 Article 266.   With respect to Article 74 of the Law, the Commission may take a provisional safeguard 
measure pursuant to a preliminary determination th at there is clear evidence that increased imports 
have caused or are threatening to cause serious inju ry, and this in the case of critical circumstances, 
where delay would cause damage that  would be difficult to repair. 
 Article 267.   As regards Article 75 of the Law, and in the case of provisional measures taking the 
form of tariff increases, such increases must be pr omptly reimbursed if the subsequent investigation 
under these Regulations does not determine that increas ed imports have caused or threaten to cause 
serious injury to the domestic industry.  Article 268.   The duration of the provisional measures shall be calculated as part of the initial period 
and the corresponding extensions grante d under Chapter VI of this Part. 
 
Article 269.   The WTO Committee on Safeguards shall be notified before any provisional safeguard 
measure is adopted.  Once the measures adopted , the relevant consultations must begin. 
 Article 270.   The body responsible for the assessment and collection of provisional safeguard 
measures shall be the Directorate-General of Customs. 
 
CHAPTER V 
DEFINITIVE SAFEGUARD MEASURES 
 
Article 271.   Upon taking a decision regarding the appli cation of a definitive safeguard measure, the 
Commission shall publish a notice in a national newspaper which shall include the following 
information: 
  (i) A description of the investigated product,  including its technical characteristics, uses, 
tariff classification and the duties applicable; 
 
 (ii) the volume and value of the importe d product for the three years preceding the 
request, and any more recent partial-year data available, by country of origin; 
  (iii) a description of the domestic like or directly competitive products, including their 
technical characteristics and uses; 
 
 (iv) the names of all known producers of the domestic like or directly competitive 
products; 
  (v) a summary of the unforeseen developments that led to the increase in imports of the 
investigated product, or to the change in  the conditions under which such imports 
occur; 
  (vi) a summary of the affirmative injury de termination, including the factors considered, 
as well as of the findings and reasoned conclu sions reached on the issues of fact and G/ADP/N/1/DOM/3/Suppl.1 
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  law considered, or a cross-reference to th e notice of determination regarding injury 
and causation; 
 
 (vii) the reasons for which it has concluded that application of a definitive safeguard 
measure is in the public interest; 
  (viii) details concerning the domestic industry's adjustment plan;  
 (ix) the form, level and duration of the pr oposed definitive safeguard measure, and an 
explanation thereof; 
  (x) the proposed date of applicati on of the definitive safeguard measure; 
 
 (xi) if a quantitative restriction is proposed , the allocation of the quota among the supplier 
countries, an explanation and the relevant information; 
  (xii) if the proposed duration of the measure, including the period of application of any 
provisional safeguard measure, is more than one year, a timetable for the progressive liberalization of the measure. 
 
Paragraph.   The allocation of quotas mentioned in subpara graph (xi) of this Article shall be done in 
conformity with Article 5 of  the Agreement on Safeguards. 
 Article 272.   A definitive safeguard measure normally shall be applied in the form of a tariff increase, 
a tariff quota or an import ceiling. 
 First paragraph.   Safeguard measures shall not be applied to a product originating in a developing 
country as long as its share of imports into the Do minican Republic does not exceed three (3) per cent, 
provided that developing countries with individual sh ares of less than three (3) per cent of imports 
collectively represent not more than nine (9) per cent of total imports of the product concerned. 
 
Second paragraph.   The body responsible for the collection of a definitive safeguard measure in the 
form of a tariff increase shall be the Directorate-General of Customs.  Article 273.   The WTO Committee on Safeguards shall be  notified of the non-application of a 
definitive safeguard measure to imports, in confor mity with the requirements established by that 
Committee.  Article 274.   A definitive safeguard measure in the form of a quota or quotas on imports of the 
investigated product shall not reduce the quantity of those imports below the average level registered 
in the most recent three (3) representative years fo r which statistics are available, except as provided 
in Article 73 of the Law. 
 Article 275.   If at any point during an investigation, th e Commission terminates the investigation with 
no definitive safeguard measure app lied, or in the event it is dete rmined not to apply a definitive 
safeguard measure, the WTO Committee on Safeguards sh all be notified immediately, in conformity 
with the requirements established by that Committee. 
 Article 276.   If the domestic industry considers that there is a continuing need to apply a definitive 
safeguard measure beyond the initial period of ap plication, it shall submit a written request for 
extension of the measure along with evidence that the industry is carrying out its adjustment plan, not  G/ADP/N/1/DOM/3/Suppl.1 
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  less than (six) months before the end of that pe riod.  The Commission shall conduct an investigation 
to determine whether an extension is warranted.  To that end, the procedures set forth in these 
Regulations for applying the origin al measure shall be followed. 
 
Article 277.   The Commission may extend a definitive safeguard measure only if it determines 
through investigation that the measure continues to be necessary to prevent or  remedy serious injury, 
and that there is evidence that th e domestic industry is adjusting. 
 
Article 278.   The notice of extension of a definitive safe guard measure shall be subject to the same 
requirements prescribed for the notice of app lication of a definitive safeguard measure. 
 Paragraph.   The provisions of this Article shall a pply when a definitive safeguard measure is 
extended, while maintaining the level of con cessions and obligations existing under the GATT 1994 
between the Dominican Republic and the exporting count ries that would be affected by the measure. 
 
CHAPTER VI 
DURATION AND REVIEW OF THE 
SAFEGUARD MEASURES 
 Article 279.   For the purposes of Article 79 of the Law, if the duration of the measure exceeds 
three years, the Commission shall, not  later than the mid-term of th e period of application of the 
measure, examine the situation, and if appropriate, withdraw it or increase the pace of liberalization. 
 Paragraph.   As a developing country, the Dominican Re public shall abide by the provisions of the 
Article 9.2 of the Agreement on Safeguards regard ing the period of application of a safeguard 
measure.  Article 280.   Notwithstanding the provisions of Article 80 of the Law, a safeguard measure with a 
duration of 180 days or less may be a pplied again to the import of a product if: 
 
 (a) At least one year has elapsed since the date of introduction of a safeguard measure on 
the import of that product;  and 
  (b) such a safeguard measure has not been applied on the same product more than twice 
in the five-year period immediately preceding the date of introduction of the measure. 
 
CHAPTER VII 
NOTIFICATION AND CONSULTATION 
 
Article 281.   With regard to Article 5 of the Law, as  well as Article 12 of the WTO Agreement on 
Safeguards, the Commission shall notif y the Committee of Safeguards upon: 
 
 (i) Initiating an investigatory process relating to  serious injury or threat thereof and the 
reasons for it; 
  (ii) making a finding of serious injury or threat thereof caused by increased imports;  and 
 
 (iii) taking a decision to apply or extend a safeguard measure, whether provisional or 
definitive. 
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  Article 282.   The Commission shall provide the WTO Co mmittee on Safeguards with all pertinent 
information, which shall include evidence of serious injury or threat thereof caused by the increased 
imports, a precise description of the good involved a nd the proposed measure, the proposed date of 
introduction of the measure and its expected durati on and a timetable for the progressive liberalization 
of the measure.  Paragraph.   In the case of an extension of a measu re, evidence that the industry concerned is 
adjusting shall also be provided. 
 
Article 283.   The Commission shall provide adequate opport unity for prior consultations with those 
members having a substantial interest as exporters  of the product concerned, with a view to, inter alia , 
reviewing the information provided under the pr eceding article, exchanging views on the measure, 
and achieving the levels of concessions envisaged in Article 8 of the WTO Agreement on Safeguards. 
 
CHAPTER VIII 
SPECIFIC PROVISIONS 
 
Article 284.   The Commission shall consider the special safeguard provisions laid out in Article 5 of 
the WTO Agreement on Agriculture, for the cases of the agro-industrial products described in 
Annex I of that Agreement. 
 Paragraph.   In such cases, the Commissi on shall work together with the Ministry of Agriculture's 
Office of Agricultural Trade Agreements (OTCA) to  ensure compliance of the Dominican Republic's 
international commitments vis-à-vis  the WTO. 
 
Article 285.   The provisions regarding Regulation 520-06  for the Application of Safeguard Measures 
under the Central America-Dominican Republic-Unite d States Free Trade Agreement shall continue 
in force for the specific case of the countries that form part of that trade agreement. 
 Paragraph.   In such cases, the Commission shall collabor ate with the Directorate of Foreign Trade 
and Administration of International Trade Agreemen ts, a division of the Ministry of Industry and 
Trade, to ensure the fulfilment of the Domini can Republic's commitments under that agreement. 
 
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