WORLD TRADE  
ORGANIZATION  G/ADP/N/1/PER/2/Suppl.1 
G/SCM/N/1/PER/2/Suppl.1 17 June 2009 
 
 
(09-2955) 
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 
 
PERU 
 
Supplement
 
   The following communication, dated 5 June 2009, is being circulated at the request of the 
delegation of Peru. 
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  The Permanent Mission of Peru wishes to no tify the Secretariat that Peru has approved 
Supreme Decree No. 004-2009-PCM of 19 January 2009 , annexed hereto, wh ich amends Supreme 
Decree No. 006-2003-PCM, Regulations on Anti-Dumping and Countervailing Measures 
(G/ADP/N/1/PER/2 and G/SCM/N/1/PER/2).  G/ADP/N/1/PER/2/Suppl.1 
G/SCM/N/1/PER/2/Suppl.1 Page 2 
 
 
  PRESIDENCY OF THE COUNCIL OF MINISTERS 
 
Amendment to Supreme Decree No. 006-2003-PCM establishing regulations pursuant to 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 Agriculture 
 
 
SUPREME DECREE No. 004-2009-PCM 
 
  
THE PRESIDENT OF THE REPUBLIC 
 
WHEREAS: 
 
 By virtue of Legislative Decision No. 26407, published in the Official Journal El Peruano on 
18 December 1994 and in effect since 1 January 1995, the Democratic Constituent Congress adopted 
the Agreement Establishing the World Trade Organization (WTO) and the multilateral trade 
agreements contained in the Final Act of the Uruguay Round signed at Marrakesh, Morocco, on 
15 April 1994; 
  The aforementioned multilateral trade agreemen ts include the Agreement on Implementation 
of Article VI of the General Agreement on Tari ffs and Trade 1994, the Agreement on Subsidies and 
Countervailing Measures, and the Agreement on Agricu lture, which provide that the Republic of Peru 
shall take all necessary steps, of a general or particul ar character, to ensure the conformity of its laws, 
regulations and administrative procedures w ith the provisions of those Agreements; 
  Supreme Decree No. 006-2003-PCM established re gulations pursuant to the Agreement on 
Implementation of Article VI of the General Agre ement on Tariffs and Trade 1994, the Agreement on 
Subsidies and Countervailing Measures, and the Agreement on Agriculture; 
 
 It has been deemed appropriate to re view and amend the aforementioned Supreme 
Decree No. 006-2003-PCM in order to ensure greater precision and predictability in its 
implementation.  
 Under the powers conferred by Article 118(8) of Peru's Political Constitution, 
 
HEREBY DECREES: 
Article 1.- Amendment of Articles 6, 48, 52, 60 and 62 of Supreme Decree No. 006-2003-PCM 
 Articles 6, 48, 52, 60 and 62 of Supreme D ecree No. 006-2003-PCM shall be amended to 
read as follows: 
"Article 6.- Determination of normal value  and margin of dumping in special cases.- 
 When there are no sales of the like product in the ordinary course of trade in the domestic 
market of the exporting country or when, because of the particular market situation or the low volume of the sales in the domestic market of the e xporting country, such sales do not permit a proper 
comparison, the margin of dumping shall be determined by comparison with a comparable price of 
the like product when exported to an appropriate third country, provided that this price is  G/ADP/N/1/PER/2/Suppl.1 
 G/SCM/N/1/PER/2/Suppl.1  Page 3 
 
 
  representative, or with the cost of production in the country of origin plus a reasonable amount for 
administrative, selling and general costs and for profits. 
(a) Below-cost prices (transactions not in the ordinary course of trade).- 
 Sales of the like product in the domestic market of the exporting country or sales to a third 
country at prices below per unit (fixed and variable ) costs of production plus administrative, selling 
and general costs may be treated as not being in the ordinary course of trade by reason of price and may be disregarded in determin ing normal value only if the Commission determines that such sales 
are made within an extended period of time in s ubstantial quantities and are at prices which do not 
provide for the recovery of all costs within a reasona ble period of time.  It is understood that the 
extended period of time should normally be one (1) y ear and in no case less than six (6) months, and 
that sales below per unit costs are made in substa ntial quantities when the weighted average selling 
price of the transactions under consideration for the determination of normal value is below the 
weighted average per unit costs, or that the volum e of sales below per unit costs represents not less 
than 20 per cent of the volume sold in transacti ons under consideration fo r the determination of 
normal value. 
  If prices which are below per unit costs at th e time of sale are above weighted average per 
unit costs for the period of investigation, such prices  shall be considered to provide for recovery of 
costs within a reasonable period of time.  
 Costs shall normally be calculated on the basis of records kept by the exporter or producer 
under investigation, provided that such record s are in accordance with the generally accepted 
accounting principles of the exporting country and r easonably reflect the costs associated with the 
production and sale of the product under consideration.  
 The Commission shall consider all availabl e evidence on the proper allocation of costs, 
including that which is made available by the exporte r 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 establishing appropriate amortiza tion and depreciation periods and allowances for 
capital expenditures and other development costs.  Unless already reflected in the cost allocations, 
costs shall be adjusted appropriately for those non-r ecurring items of cost which benefit future and/or 
current production, or for circumstances in which co sts 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 extends beyond the period of investigation, the most recent 
costs which can reasonably be taken into account  by the Commission during the investigation. 
(b) Special market conditions.- 
 Special market conditions in respect of the product under investigation or the like product 
may be deemed to exist in the exporting country when, inter alia , production costs, including inputs 
and/or services, and/or marketing and distribution costs are distorted. 
(c) Low volume of the sales in the domest ic market of the exporting country.- 
 For the purpose of this Article, sales of th e like product destined for consumption in the 
domestic market of the exporting country shall norm ally be considered a sufficient quantity for the 
determination of normal value if such sales constitute  5 per cent or more of the sales of the product to 
the Peruvian market, although the Commission may accept a lower ratio where the evidence 
demonstrates that domestic sales are of sufficient magnitude to provide for a proper comparison. G/ADP/N/1/PER/2/Suppl.1 
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  (d) Calculation methodology.- 
 The amounts for administrative, selling and gene ral costs and for profits shall be based on 
actual data pertaining to production and sales in the ordinary course of trade of the like product by the exporter or producer under investigation.  When such  amounts cannot be determined on this basis, the 
amounts may be determined on the basis of: 
(i) The actual amounts incurred and realized by the exporter or producer in respect of production 
and sales in the domestic market of the country of origin of the same category of products; 
(ii) the weighted average of the actual amounts incu rred 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; 
(iii) any other reasonable method, provided that the amount for profit so established does not 
exceed the profit normally realized by other e xporters or producers on sales of products of 
the same general category in the domestic  market of the country of origin." 
"Article 48.- Duration of anti-dumping or countervailing duties.- 
 An anti-dumping or countervailing duty shall re main in force only as long as the causes of 
injury or threat thereof remain, and for no more than five (5) years, unless proceedings have been 
initiated under Article 60 of these Regulations." 
"Article 52.- Time-limit for requesting reimbursement of undue or excess provisional duty 
payments.- 
 The time-limit for importers to request reimbursement of provisional anti-dumping or 
countervailing duty payments in excess or that were not due shall be four (4) years counted from the 
date of publication of the decision concluding  the investigation in the Official Journal El Peruano ." 
"Article 60.- Sunset review of anti-dumping measures.- 
 60.1 A sunset review of anti-dumping measures may be initiated before the end of the period 
provided for in Article 48 of these Regulations;  or, before the deadline specifi ed in the last review 
conducted under this paragraph. 
  60.2 A review under this paragraph shall be initiated upon a written application by or on 
behalf of the domestic industry.  The application is to be submitted no less than eight (8) months 
ahead of the date of expiry of the measures, cont ain information reasonably available to the applicant 
and explain why, in the view of the applicant, dumping and injury are likely to continue or recur 
should the duty expire.  The application shall, in particular, contain information on the development 
of the condition of the domestic industry since the imposition of the anti-dumping duty, the present 
condition of the domestic industry and the potential impact that any continuation or recurrence of 
dumping could have thereon if the duty were term inated.  The authorities shall determine whether 
there is sufficient evidence to warrant a review.  In  any case, a review shall not be initiated unless the 
authorities have determined, on the basis of an exam ination of the degree of support for, or opposition 
to, the application expressed by domestic producers of  the like product, that the application has been 
made "by or on behalf of" the domestic industry.   60.3 The authorities may initiate a review unde r this Article in the absence of a written 
application "by or on behalf of" the domestic industry only if they have sufficient evidence that the  G/ADP/N/1/PER/2/Suppl.1 
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  dumping and injury continue or that the dumping a nd injury will recur should the duty expire.  The 
authorities shall give public notice of the initiation of the review where there is no written application 
"by or on behalf of" the domestic industry.  
 60.4 The review procedure shall be governed by  the provisions laid down in Articles 21 to 57 
of these Regulations, where applicable." 
"Article 62.- Administrative remedies.- 
 The administrative remedies available against final decisions are an application for 
reconsideration or an appeal.  The time limit for l odging such cases is fifteen (15) working days as of 
the date following notification of the decision, or the date of publication of the Commission's decision 
in the Official Journal El Peruano , as appropriate. 
  An application for reconsideration shall be s ubmitted to the entity that issued the decision 
complained of and must be substantiated by new evidence. 
 
 An appeal may be lodged when the complaint is based on a different interpretation of the 
evidence produced or relates to questions of pure law, with the authority that issued the decision 
complained of, so that the case may be referred to the higher authority.   Definitive duties imposed shall not be suspende d as a result of the filing of administrative 
remedies. 
  Decisions issued by the Commission under the procedures covered by these Regulations shall 
be notified no later than ten (10) working days  after the notified decision has been issued." 
Article 2.- Amendment of Article 59 of Supreme Decree No. 006-2003-PCM 
 The following paragraph is added to Ar ticle 59 of Supreme Decree No. 006-2003-PCM: 
"Article 59.- Review procedure ow ing to changed circumstances.- 
 (…) 
  The review procedure shall be governed by th e provisions laid down in Articles 21 to 57 of 
these Regulations, where applicable, with an ev identiary period for such cases of up to six 
(6) months." 
Article 3.- Incorporation of Articles 67 and 68 in Supreme Decree No. 006-2003-PCM 
 Articles 67 and 68 below are incorporated into Supreme Decree No. 006-2003-PCM: 
"Article 67.- Administrative proceedings to challenge the collection of anti-dumping or 
countervailing duties 
 The importer may institute administrative pr oceedings before the Commission to challenge 
collection of duties by the Customs Administratio n on the specific basis that the imported goods 
classified in tariff terms by the Customs Administration do not correspond to the product subject to anti-dumping or countervailing duties, in accordance  with the respective decision to impose duties 
issued by INDECOPI.  Any challenge relating to  the determination of origin, the physical 
characteristics, the tariff classification, the value of the imported goods, the liquidation of duties, or G/ADP/N/1/PER/2/Suppl.1 
G/SCM/N/1/PER/2/Suppl.1 Page 6 
 
 
  any other matter within the exclusive competence of  the Customs Administration, shall be declared 
inadmissible by the Commission.   The Commission shall have a period of sixt y (60) working days for administrative 
adjudication at first instance.  The Commission's decision may be appealed within no more than 
five (5) working days of its notification, and the appeal shall be adjudicated by the INDECOPI court within sixty (60) working days. 
Article 68.- Reimbursement of anti-dumping or countervailing duties 
 Requests for reimbursement of definitive anti-dumping or countervailing duties paid unduly 
or in excess by virtue of decisions not attributab le to the Customs Administration shall be submitted 
to the Commission, which shall issue its decision wi thin sixty (60) working days.  In such cases, the 
Commission may, where it sees fit, request inform ation from the Customs Administration, which shall 
be communicated to INDECOPI within a period of  no more than fifteen (15) working days.  The 
Commission's decision may be appealed within no more  than five (5) working days of its notification, 
and the appeal shall be adjudicated by the INDECOPI court within sixty (60) working days." 
Article 4.- Signature 
 This Supreme Decree shall be signed by th e President of the Council of Ministers, the 
Minister of the Economy and Finance, the Minister of Production, and the Minister of Foreign Trade and Tourism.  
TRANSITIONAL SUPPLEMENTARY PROVISION 
Single paragraph.- 
 The provisions contained in this Supreme Decree  are applicable at all stages of proceedings 
initiated prior to their entry into force.  
REPEALING SUPPLEMENTARY PROVISION 
Single paragraph.- 
 Article 8 and the fourth supplementary pr ovision of Supreme Decree No. 006-2003-PCM are 
hereby repealed.   Done at Government House, in Lima, on the ni neteenth day of the month of January in the 
year two thousand and nine. 
  ALAN GARCÍA PÉREZ Constitutional President of the Republic 
 
YEHUDE SIMON MUNARO President of the Council of Ministers  LUIS M.  VALDIVIESO M. Minister of the Economy and Finance 
 
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  ELENA CONTERNO MARTINELLI 
Minister of Production  MERCEDES ARAOZ FERNÁNDEZ 
Minister of Foreign Trade and Tourism 
 
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