WORLD TRADE  
ORGANIZATION  G/ADP/Q1/ARG/20 
G/SCM/Q1/ARG/20 15 April 2009 
 
(09-1767) 
Committee on Anti-Dumping Practices  
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
 
Questions Posed by the UNITED STATES Regarding the  
Notification of ARGENTINA1 
   The following communication, dated 14 April 2009, is being circulated at the request of the Delegation of the United States.   
 
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Question 1 
  Please explain the relationship between Ar gentina's Regulatory Decree (Decree) 1393/2008
2 
and Law No. 24,425.3  Law No. 24,425 states that the WTO Uruguay Round Agreements are 
"adopted" in Argentina.  Are the WTO Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 (Anti-dumping Agreement) and the Agreement on Subsidies 
and Countervailing Measures (Subsidies Agreement) sel f-implementing under Argentine law?  In the 
event of a conflict between the provisions of  Decree 1393/2008 and those of the Anti-dumping 
Agreement or the Subsidies Agreement, wh ich legal authority takes precedent?   
 
Question 2  
 
 Article 76 of Decree 1393/2008 states that, "Upon the entry into force of this Decree, 
Decree No. 1088 of 28 August 2001 and Decree No. 1326 of 10 November 1998 shall be repealed".  
Given that Decree 1393/2008 replaces these prior Decr ees, explain why definitions of "dumping", 
"subsidy", "injury," and "like product", which are included in Decree 1088/2001, are not included in 
Decree 1393/2008.    Question 3  
 
 Please explain why Decree 1393/2008 does not include procedures for determining the existence of dumped or subsidized imports, inju ry to the domestic industry, and causal link are 
identified.   
 
                                                     
 
1 G/ADP/N/1/ARG/1/Suppl.9-G/ SCM/N/1/ARG/1/Suppl.8.   
2 Notified on 15 September 2008 in G/ADP/N/1/ARG/1/Suppl.9-G/SCM/N/1/ARG/1/Suppl.8.   
3 Notified on 4 March 1996 in G/ADP/N/1/ARG/1/Suppl.1 and G/SCM/N/1/ARG/1/Suppl.1.   G/ADP/Q1/ARG/20 
G/SCM/Q1/ARG/20 Page 2 
 
 
  Question 4  
 
 Article 45 of Decree 1393/2008 permits the impl ementing authority to "establish minimum 
f.o.b. export values" for purposes of determini ng the appropriate antidum ping or countervailing duty 
assessment.  Please describe the methodology that th e implementing authority will use to establish 
minimum Free-On-Board export values, and how th at methodology comports with the requirements 
of Article 9 of the Anti-dumping Agreement.    
Question 5  
 
 Please explain how, under the rules and regul ations described in Decree 1393/2008, the 
administrative authority determines whether a compla int was filed on behalf of the domestic industry, 
in accordance with Article 4 of the Anti-dumping Agreement and Article 16 of the Subsidies Agreement.  Does Decree 1393/2008 incorporate th e definition of "domestic industry" provided by 
Article 4 of the Anti-dumping Agreement and Article 16 of the Subsidies Agreement?  If not, please 
explain what definition of "domestic industry" the administering authority will rely on.   
 
Question 6  
 
 Article 5 of Decree 1393/2008 requires that app licants provide non-confidential summaries of 
any information contained in the application fo r which confidential treatment is requested.   
 
a. Please clarify whether public summaries of  confidential documents generated by the 
investigating authority will be made available to interested parties.   
 
b. Please describe how and when parties w ill be provided access to non-confidential 
summaries of confidential information in  accordance with the requirements of 
Article 6.5 of the Anti-dumping Agreem ent and Article 12.4 of the Subsidies 
Agreement.   
 c. Does the administering authority a llow the public to access non-confidential 
documents that are maintained in the public case file?   
 
Question 7  
 
 Article 6 of Decree 1393/2008 states that, afte r reviewing the application for imposition of 
duties, "the Commission shall give its opinion on the existence of one (1) like domestic product".  The 
precise meaning of this provision remains unclear to the United States.  Therefore, United States 
would appreciate a clarification of this provisi on, including whether the Commission determines the 
definition of the domestic like product prior to initiation.    
Question 8  
 
 Article 12.1.1(vi) of the Anti-dumping Agreemen t requires that public notice of initiation of 
an investigation contains "the ti me-limits allowed to interested pa rties for making their views known".  
Article 12 of Decree 1393/2008, however, contains no requirement that information about these time-
limits be included in the decision to initiate an i nvestigation.  Please explain how Argentina will fully 
comply with the notice requirement of Article 12.1.1(vi) of the Anti-dumping Agreement.    G/ADP/Q1/ARG/20 
 G/SCM/Q1/ARG/20 
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  Question 9  
 
 Article 20 of Decree 1393/2008 states that the Undersecretariat or the Commission may hold meetings with interested parties "w here appropriate".  What are the criteria that the Undersecretariat 
or the Commission uses to determine whether such me etings are "appropriate"?  How is this provision 
consistent with Article 6.2 of the Anti-dumping Agreement and Article 12.2 of the Subsidies 
Agreement, which require that authorities shall,  upon request, provide opportunities for interested 
parties to meet parties with adverse interests?    Question 10  
 
 As referenced in Articles 67 and 68 of D ecree 1393/2008 and pursuant to Article 13 of the 
Anti-dumping Agreement and Article 23 of the Subsid ies Agreement regarding judicial review, please 
describe the opportunities that are available to interest ed parties to request administrative or judicial 
review of anti-dumping or anti-subsidy proceedings.  Please also identify the specific laws, 
regulations, and authority that would govern such appeals.   
 
Question 11  
 
 Are notifications published in the Official Journal also made available online?  If so, please 
identify the relevant website address(es).   
   
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