. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CRI/14 
G/SCM/Q1/CRI/14 14 October 2008 
 
(08-4903) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to the Follow-Up Qu estions from the UNITED STATES1 
Regarding the Replies of COSTA RICA to the Questions  
Posed by the UNITED STATES2 and CHILE3 
   The following communication, dated 13 October 2008, is being circulated at the request of 
the delegation of Costa Rica. 
 
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Question 1 
 
 Please refer to the United States' Question 3 and Chile's Question 2. 
 
 Costa Rica notes in response to the United  States' question regarding the role of the 
Secretariat for Central American Economic Integr ation (SIECA) that SIECA will function as a 
national authority in the event of a regional procedure being undertaken.  Costa Rica states in 
response to Chile's question that the regional pr ocedures as established in Chapter III of the 
Regulations  aim to expand the provisions of Article 14 of the Anti-Dumping Agreement. 
 
 Could Costa Rica please explain how these re gional procedures expand the provisions of 
Article 14 of the WTO Anti-Dumping Agreement?  Does Costa Rica intend that the 'expansion' 
of Article 14 is inherent in the fact that SIECA is conducting the investigation as opposed to a 
State Party? 
 
Reply
 
 
 Article 14 of the WTO Anti-Dumping Agreement provides for the imposition of 
anti-dumping measures on behalf of a third country.  Chapter III of the Central American Regulations 
on Unfair Business Practices establishes the procedure for expanding this provision within the framework of the Central American Economic Integration System.  
 Thus, if for example a State party to the Central American Economic Integration System 
considers that its domestic industry is being affected  by dumped imports into another State party to 
the Central American Economic Integration System , it may request that the importing State Party 
adopt anti-dumping measures on its behalf, pursu ant to Article 14.1 of the WTO Anti-Dumping 
                                                     
 
1 G/ADP/Q1/CRI/13 – G/SCM/Q1/CRI/13. 
2 G/ADP/Q1/CRI/10 – G/SCM/Q1/CRI/10. 
3 G/ADP/Q1/CRI/11 – G/SCM/Q1/CRI/11. G/ADP/Q1/CRI/14 
G/SCM/Q1/CRI/14 Page 2 
 
 
  Agreement.  In accordance with the provisions of Chapter III of the Central American Regulations on 
Unfair Business Practices, such requests would be submitted through SIECA, which in the first 
instance would refer the case to the investigating au thorities of the importing State Party for initiation 
of the investigation. 
 
 Pursuant to Article 30 of the Central Ameri can Regulations on Unfair Business Practices, 
SIECA may conduct the investigation on behalf of the State Party that made the request only if the 
importing State Party fails to initiate the investiga tion within the time-limit established in Article 29 
of the Regulations. 
 
Question 2 
 
 If SIECA determines that an anti–dumping duty will be applied on behalf of a third 
country, is the country obliged to institute the du mping measure or will it have a right to refuse 
or appeal SIECA's decision?  Will all countries which are members of the customs union be 
obligated to apply the same measure, complete with the same findings of fact? 
 
Reply
 
 
 In conformity with the Central American Regulations on Unfair Business Practices, an 
anti-dumping investigation under the regional proce dure would be conducted by SIECA only if the 
importing State Party failed to initiate the investiga tion on its own account within the period stipulated 
in Article 29 of the Regulations.  In that event,  SIECA could proceed with the investigation, the 
outcome of which would be a technical opinion to  be submitted as a recommendation to the Executive 
Committee for adoption.  Since the Executive Committee is made up of ministerial–level 
representatives of each country and its decisions ar e adopted by consensus, the countries could, 
through their representatives, decline to adopt SIEC A's recommendation.  Moreover, in the event that 
a decision is taken to apply anti-dumping duties, it should be recalled that decisions by the Executive 
Committee may be appealed before the Centra l American Council of Ministers for Economic 
Integration (COMIECO), pursuant to Article 55 of the Protocol to the General Treaty on Central 
American Economic Integrati on (Guatemala Protocol). 
  It is important to explain that the regional procedure applies only in the event that a Central 
American State Party requests another Central Am erican State Party to initiate an anti–dumping 
investigation.  If a third country were to request  a Central American State Party to initiate an 
investigation under Article 14 of the Anti-Dumpi ng Agreement, the WTO rules, not the regional 
procedure, would apply. 
 
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