**Table 4.2   Costa Rica: Summary Table of the Outcome of Dumping Cases Dealt With by the Investigating Authority**

|**Product**|**Firms**<br>**failed to**<br>**submit**<br>**information**|**Case dropped by**<br>**applicant**|**Initiation of**<br>**investigation**|**Withdrawal**<sup>**1**</sup>|**No injury**<br>**found**|**Precautionary**<br>**measure**|**Final re**<br>**Measure**<br>**applied**|**solution**<br>**No**<br>**measure**<br>**applied**<sup>**2**</sup>|
|---|---|---|---|---|---|---|---|---|
|Acrylic sheets|X|X|X||X<sup>3</sup>||||
|Refrigerators|||X|X<sup>4</sup>|X||||
|Freshyellow onions|||X|||||X|
|Fiber cement sheets|X|X|||||||
|Pasta|X|X|||||||
|Sanitaryware|||X||||X<sup>5</sup>||

1 The firm decided to withdraw the application for investigation.

2 In cases where injury was found but no measure was applied, the existence of other non-import factors that were also causing injury was determined. 3 No injury was found because of lack of evidence of injury or threat of injury. 4 The firm withdrew the application but the investigation was continued by administrative initiative. 5 The measure applied amounted to 0% since imports decreased to almost nil.

Source: Prepared by the authors based on data drawn from the resolutions on the dumping cases dealt with by the MEIC.

Due to space limitations, only one of the six cases of dumping reported in Costa Rica is described below for illustration purposes.

# **4.a.1 The Refrigerators Case**

In October 1996, the company Atlas Industrial S.A. applied for a dumping investigation against imports of refrigerators (classified under item 84.18.21.00 of the SAC) originating in Mexico.

The applicant company argued that from May to September 1996 these imports had entered Costa Rica under dumping conditions, which, together with the fact that domestic and imported models are classified as homogenous and under the same tariff heading, in its judgment, gave rise to the conditions required to initiate an investigation. The company further argued that it accounted for 100% of the domestic production of refrigerators, and was therefore representative of the domestic industry involved.

In March 1997, Atlas Industrial S.A. withdrew the case, arguing that it had reached an agreement with the importing firm. However, a few days later the MEIC required Atlas to produce documentation evidencing such agreement, but Atlas did not provide any documents, indicating that the agreement had been of an informal nature, for which reason the MEIC considered it appropriate to continue the investigation on its own initiative.<sup>20</sup> It is interesting to note that both the Mexican exporter (Mabe S.A. de C.V.) and its importing counterpart in Costa Rica (Mabeca, the sole importer of refrigerators from

> 20 Agreements between the parties must involve the Government and the importing or exporting firm, wherefore the “deal” between the domestic producer and the exporting company outside the legal framework governing such arrangements was considered illegal. For that reason, the MEIC decided to continue the investigation on its own initiative, since it considered that national interests could be compromised, and also submitted the case to the Commission on the Promotion of Competition.

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