./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/ARG/11
G/SCM/Q1/ARG/11
9 April 2002
(02-1857)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  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 4 April 2002, has been received from the Permanent
Mission of the United States.
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1. Please explain the relationship between the subject of Argentina’s most recent notification of
29 October 2001 (G/ADP/N/1/ARG /1/Suppl.5 and G/SCM/N/1/ARG/ 1/Suppl.5), Decree 1088/2001,
and Argentina’s prior notifications.
(a) Decree 1088/2001 appears to concern the same subject matter as Decree 1326/98,
which Argentina notified in  G/ADP/N/1/ARG/1/Suppl.2 and
G/SCM/N/1/ARG/ 1/Suppl.2.  The opening paragraph of the 29 October 2001
notification states that Decree 1088/2 001 “amends” Decree 1326/98.  Do any portions
of Decree 1326/98 remain in force?
(b) Do the application forms for initiation of an anti-dumping or countervailing duty
investigation that Argentina notified in G/ADP/N/1/ARG/1/Suppl.3 and
G/SCM/N/1/ARG/1/ Suppl.3, which were promulgate d pursuant to Decree 1326/98,
remain in effect?
(c) What is the relationship between Law No. 24,425 and Decree 1088/2001?  Law No.
24,425 (notified in G/ADP/N/1/ARG/1/Su ppl.1 and G/SCM/N/ 1/ARG/1/Suppl.1)
states that the WTO Uruguay Round Agreements are “adopted” in Argentina.  Does
this mean that the AD Agreement and SCM Agreement have the force of law in
Argentina?   In the event of a conflict between the provisions of Decree 1088/2001,
on the one hand, and those of the AD Agreement or SCM Agreement, on the other,which one would control?
2. Article 2(h) defines subsidy as a benefit conferred ... “in order to strengthen its/their
international competitive positions.”   How is this additional requirement compatible with the
definition of a subsidy in Article 1 of the SCM Agreement?   What criteria does Argentina use tomake this determination?
                                                     
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G/SCM/Q1/ARG/11
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3. Are the criteria for industry support pursuant to Article 5.4 AD and 11.4 SCM Agreements
included in the laws, regulations and decrees cited in the Preamble?  If not, where are the industry
support requirements to be found in Argentine law?
4. Article 13 of Decree 1088/2001 states that the Undersecretariat and the Commission “may
request any information required for the conduct on the investigation by sending questionnaires to the
producers, exporters, importers, users, and/or consumers. . . ”.  Does this mean that it is within the
discretion of the Undersecretariat and the Commission whether to circulate questionnaires in an anti-
dumping or countervailing duty investigation?  If so, what criteria do the Undersecretariat and the
Commission use in determining whether to circulate questionnaires?  When the Argentine authorities
do not circulate questionnaires, how do they obtain information pertinent to the investigation?  Arethe criteria for industry support pursuant to Article 5.4 of the AD Agreement and 11.4 of the SCM
Agreement included in the laws, regulations and decrees cited in the Preamble?  In what way does
Argentine law reflect these requirements?
5. Is the evidentiary requirement for evidence in support of an application “which can
reasonably be expected to be in the possession of the applicant” the same as the requirement of
Article 5.2 of the AD Agreement for evidence “reasonably available to the applicant”?
6. Please describe when the number of applicants, exporters or importers would be sufficientlylarge that the authorities would use sampling tec hniques pursuant to Article 14 of Decree 1088/2001.
7. Article 23 provides for provisional measures to be applied, but states that if the administering
authority “lacks sufficient evidence to announce a decision at this stage” the investigation will
continue.  Please explain this statement.  Are provisional measures applied notwithstanding the lack
of a decision?
8. Do the Argentine authorities permit confidential information to be disclosed pursuant to
protective order, as authorized by footnote 17 to Article 6.5 of the AD Agreement and footnote 42 of
Article 12.4 of the SCM Agreement?
9. What is the purpose of the closed hearing procedure described in Article 17 of Decree
1088/2001?  Who is allowed to participate in a closed hearing?
10. Article 54 of Decree 1088/2001 states that, in formulating its recommendation in an expiry
review, the Undersecretariat will provide “its re commendation on whether to abolish or continue to
impose the duty in force, assessing the other circum stances pertaining to general foreign trade policy
and the public interest. . . ”.   Under Argentine law, are the considerations of foreign trade policy andthe public interest sufficient to justify continued imposition of a duty after five years?  If so, how is
Argentine law consistent with Article 11.3 of the AD Agreement and Article 21.3 of the SCM
Agreement, which provide that a duty may be continued in force after five years only if expiry of the
duty would be likely to lead to continuation or re currence of dumping or subsidization and injury?
11. What ability do interested parties have to participate in changed circumstances reviews and
expiry reviews?  Are the provisions of Chapter II of Decree 1088/2001 applicable to such reviews?
12. How does Argentina implement the requirements of Article 13 of the AD Agreement and
Article 23 of the SCM Agreement concerning the availability of judicial or administrative reviewproceedings?
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