Argentina

F. Conduct Verification

1. Antidumping

   The standard of Article 43 of Decree 2121/94 is complementary to the standard of the Agreement, which is directly applied.

   For the purpose of verifying the information submitted by a party, or obtaining further information, the competent implementing authority may decide to carry out investigations in the country or abroad.

   Verifications abroad must have the prior consent of the firms involved and the government of the country in question.

   In the case of verifications to be carried out in the national territory, the party concerned will facilitate the verification requested by the competent implementing authority. (Decree 2121/94, Art. 43).

2. Countervailing

   The standard of Article 43 of Decree 2121/94 is complementary to the standard of the Agreements and is applied directly.

   For the purpose of verifying the information submitted by a party, or obtaining further information, the competent implementing authority may decide to carry out investigations in the country or abroad.

   Verifications abroad must have the prior consent of the firms involved and the government of the country in question.

   In the case of verifications to be carried out in the national territory, the party concerned will facilitate the verification requested by the competent implementing authority. (Decree 2121/94, Art. 43).

G. Hearings

1. Antidumping

   The cited standard of the Agreement is applicable. With respect to injury investigations, the Commission can hold, when it is considering conducting investigations, hearings with the concerned parties (Decree 766/94 - Art. 18). Such hearings are regulated by Resolution 02/96 of the Commission. Furthermore, the Under Secretariat of Foreign Trade can hold hearings with the participation of the concerned parties on the existence of dumping or subsidies.

2. Countervailing

   The cited standard of the Agreement is applicable.

H. Briefs

   As a complement to the required information in the questionnaires, the parties concerned can give additional information and the competent authority will use them to the degree that they are pertinent to the investigation.

I. Final Determinations

   The cited standards of the Agreements are complemented by the following:

   1. Injury

   The National Commission submits a report to the Under-Secretariat for Foreign Trade in the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services (Decree 2121/94, Art. 60) which contains, as a minimum, the following information:

         (a) Description of the industry and its international situation;

         (b) trends in the factors determining the relationship between imports under conditions of unfair competition and injury to the domestic industry, in particular:

               (I) Value and physical volume of imports under conditions of unfair competition;

               (II) effects of such imports on prices in the local market;

               (III) effects of such imports on, inter alia, employment, utilization of capacity, rate of return on investment and other factors which could be indicators of injury;

               (IV) effects of other factors on the competitive situation of the industry, including cyclical factors, entrepreneurial capacity, regulations and any other cause unconnected with unfair trade which may be a determining factor;

               (V) prospects for market trends in the absence of countervailing measures; and

               (VI) probable behavior of the market following application of the recommended measures.

   Effects of those measures on consumers.

         c) Recommendation on whether it is appropriate to apply or maintain trade measures in the form of anti-dumping or countervailing duties to offset the injury to the domestic industry. (Decree 766/94, Art. 12).

   2. Antidumping/Countervailing Duty Investigations

   In making a final determination, the Under-Secretariat for Foreign Trade submits its conclusions based on the report of the National Commission, its own report and causal relationship, to the Minister for the Economy and Public Works and Services in order that the Minister can make a final determination within 120 days of the issue of the preliminary determination. (Decree 2121/94, Art. 60).

   The Minister publishes the final determination under which anti-dumping and countervailing duties are imposed in the Official Gazette.

   The notice includes the goods involved, the level of duties, where appropriate, the country of origin or export and any other information at the discretion of the competent implementing authority. (Decree No. 2121/94, Art. 61).

J. Maximum Length of Investigation

   With regards to the length of the investigation, Argentina directly applies the standards of the WTO.

   Without prejudice, Decree 2121/92 is of supplementary application.

   The investigation will be completed and the Under Secretariat of Foreign Trade will transmit the findings to the Minister for Economy and Public Works and Services within a year of the date of initiation.

   If for exceptional reasons this time frame must be extended, the Subsecretariat for Foreign Trade will inform the concerned parties and the Minister for Economy and Public Works and Services of the reasons for this extension.

K. Maximum Duration of Antidumping and Countervailing Duty Orders

   With reference to the maximum duration of the imposition of anti-dumping and countervailing duties, Argentina directly applies the standards of the Agreement.

L. Retroactivity

   a. Antidumping

   Argentina directly applies the standards of the WTO Agreements. The standards corresponding to Decree 2121/94 are cited, to the degree that they do not contravene the provisions of the Agreement, they will be applied.

   If the final determination is based on the existence of material injury, a threat of injury, or material retardation, and at the same time imports of the product under investigation produce an effect which, in the absence of preventive measures, would have led to the conclusion that there was material injury, antidumping or countervailing duties may be applied retroactively for the period during which preventive measures were applied. (Decree No. 2121/94, Art. 64).

   In an antidumping investigation, if the competent implementing authority determines:

         (1) that there is a history of dumping causing injury or the importer should have known that the exporter or producer practiced dumping and that the imports of such products under those conditions would produce injury to domestic production; and

         (2) that the injury was due to sporadic dumping (i.e., massive imports of the product under investigation effected for a relatively short period of time) on a scale such that, in order to prevent repetition it is necessary to levy duties retroactively on such imports, the competent implementing authority may stipulate that such duties are to be levied on products destined for consumption up to 90 days prior to the date of application of the preventive measures. (Id.).

   b. Countervail

   If the final determination is based on the existence of material injury, a threat of injury, or material retardation, and at the same time imports of the product under investigation produce an effect which, in the absence of preventive measures, would have led to the conclusion that there was material injury, antidumping or countervailing duties may be applied retroactively for the period during which preventive measures were applied. (Decree No. 2121/94, Art. 64).

   In a countervailing duty investigation, when the implementing authority concludes that there is an injury which is difficult to remedy, caused by massive imports of the product under investigation, over a relatively short period of time, when in order to prevent a repetition of the injury it is considered necessary to levy countervailing duties retroactively on such imports, the definitive countervailing duties are levied on products which have been destined for consumption, up to a maximum of 90 days prior to the date of application of the preventive measures. (Id.).

M. Best Information Available (or "Facts Available")

   The cited standards of the WTO are complemented by Decree 2121/94. When the implementing authority does not receive a reply to its requests for information, it may use the best information available. (Decree No. 2121/94, Art. 42).

   If a firm or government does not authorize verification or does not cooperate with the investigation, the competent implementing authority must use the best information available in order to complete its investigation and produce its recommendations to the Minister for the Economy and Public Works and Services. (Id., Art. 43).

N. Consumers as Interested Parties

   a. Antidumping

   Argentina directly applies the standards of the WTO Agreements. The standards corresponding to Decree 2121/94 are cited, and to the degree that they do not contradict the provisions of the Agreement, they will be applied.

   Administrative proceedings may be initiated ex officio or at the request of any natural or legal person, whether public or private, who invokes a civil right or a legitimate interest.

   Such persons are considered interested parties in the administrative proceedings.

   Other interested parties are whose civil rights or legitimate interests may be affected by the act to be issued and who have participated in the proceedings at the request of the original interested party, whether spontaneously or having been summoned by the body concerned when it becomes aware of their existence during the course of those proceedings. (Decree 1759, Title I, Para. 3).

   All administrative actions are instigated ex officio by the competent body, which cannot prevent the interested party from also instituting proceedings.

   Excepted from this principle are proceedings concerning only the private interest of the parties subject to the measure unless, the resolution to be issued could in any way affect the general interest. (Decree 1759, Title I, Para. 4).

   In making a preliminary or final determination, the Minister for the Economy and Public Works and Services shall take into account the interests of the public at large, including consumers, users and purchasers of imported inputs, and users and purchasers of inputs produced locally whose prices may rise as result of the imposition of antidumping or countervailing duties. (Decree No. 2121/94, Art. 50).

   In making a determination, the Minister for the Economy and Public Works and Services must take into account the interested of the public at large, including consumers. (Decree No. 2121/94, Art. 51)

   b. Countervail

   Administrative proceedings may be initiated ex officio or at the request of any natural or legal person, whether public or private, who invokes a civil right or a legitimate interest.

   Such person are considered interested parties in the administrative proceedings.

   Other interested parties are whose civil rights or legitimate interests may be affected by the act to be issued and who have participated in the proceedings at the request of the original interested party, whether spontaneously or having been summoned by the body concerned when it becomes aware of their existence during the course of those proceedings. (Decree 1759, Title I, Para. 3).

   All administrative actions are instigated ex officio by the competent body, which cannot prevent the interested party also instituting proceedings.

   Excepted from this principle are proceedings concerning only the private interest of the parties subject to the measure unless, the resolution to be issued could in any way affect the general interest. (Decree 1759, Title I, Para. 4).

   In making a preliminary or final determination, the Minister for the Economy and Public Works and Services shall take into account the interests of the public at large, including consumers, users and purchasers of imported inputs, and users and purchasers of inputs produced locally whose prices may rise as result of the imposition of antidumping or countervailing duties. (Decree No. 2121/94, Art. 51).

O. Public Interest

1. Antidumping

   Argentina directly applies the standards of the WTO Agreements. The standards corresponding to Decree 2121/94 are cited, and to the degree that they do not contradict the provisions of the Agreement, they will be applied.

   In making a determination, the Minister for the Economy and Public Works and Services shall take into account the interest of the public at large, including consumers, users and purchasers of inputs produced locally whose prices may rise as a result of the imposition of antidumping or countervailing duties. (Decree No. 2121/94, Art. 51). In preliminary or final determinations, the Minister for the Economy and Public Works and Services may impose antidumping or countervailing duties which are less than the amount of dumping or the margin of subsidy found to exist, if in the Minister's opinion such lesser duties are sufficient to eliminate the injury caused to domestic producers. (Id., Art. 50).

2. Countervailing

   Argentina directly applies the standards of the WTO Agreements. The standards corresponding to Decree 2121/94 are cited, and to the degree that they do not contradict the provisions of the Agreement, they will be applied.

   In making a determination, the Minister for the Economy and Public Works and Services shall take into account the interest of the public at large, including consumers, users and purchasers of inputs produced locally whose prices may rise as a result of the imposition of antidumping or countervailing duties. (Decree No. 2121/94, Art. 51). In preliminary or final determinations, the Minister for the Economy and Public Works and Services may impose antidumping or countervailing duties which are less than the amount of dumping or the margin of subsidy found to exist, if in the Minister's opinion such lesser duties are sufficient to eliminate the injury caused to domestic producers. (Id., Art. 50).

P. Undertakings or Commitments

   Argentina directly applies the standards of the WTO Agreements. The standards corresponding to Decree 2121/94 are cited, and to the degree that they do not contradict the provisions of the Agreement, they will be applied.

   The competent implementing authority shall evaluate any price agreement submitted for its consideration concerning an antidumping or anti-subsidy investigation and shall decide whether to accept it within 30 working days from the time it received the request for consideration.

   The purpose of such price agreement shall be to eliminate the injury to the domestic production. The competent implementing authority may also suggest price agreements on its own initiative, though on-acceptance by one of the parties shall not have a negative impact on the investigation.

   For purposes of accepting or rejecting price agreements, the competent implementing authority is the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services, which shall act after consulting the Under-Secretariat for Foreign Trade and the National Commission for Foreign Trade on matters within their competence. (Decree No. 2121/94, Art. 55).

   If the agreement is accepted, the investigation into injury may be completed if the exporter so requests or the competent implementing authority considers it appropriate.

   In such cases, if it is finally determined that there is no injury, the agreement shall automatically lapse, except in cases where the negative determination is due in large part to the implementation of the price agreement concerned.

   In such cases, the competent implementing authority may require the agreement to be maintained for a reasonable period of time. (Id., Art. 56).

   The competent implementing authority may reject the agreement in the following circumstances:

         (a) when in its judgement, the agreement is impracticable or impossible to implement, as occurs when the number of actual or potential participating exporters is very large;

         (b) when the agreement contravenes legislation concerning protection of competition.

   In order to determine such cases, an opinion of the authority responsible for implementing such legislation shall be required; and

         (c) when the agreement is not capable of eliminating the injury to domestic production.

   If the price agreement arises from an investigation into subsidies, its acceptance requires the consent of the government granting the subsidy. (Id., Art. 57).

   The competent implementing authority may request the opinion of the authority responsible for implementing legislation on protection of competition, when it considers it necessary to determine whether an agreement is in contravention of such legislation.

   In such cases, the opinion shall be requested within 10 working days from the date when the price agreement was submitted for consideration and approval.

   The authority responsible for implementing legislation on protection of competition should reach a decision within 10 working days of receiving the request for its opinion. (Id., Art. 58).

   The competent implementing authority may request periodic submission of information necessary to evaluate compliance with price agreements which have been accepted.

   Such agreements shall be periodically reviewed as specified in the decision giving rise to the agreement.

   The period shall not be less than 1 year. The competent implementing authority may revoke if it considers that the causes which led to the agreement no longer exist, or when the terms of the agreement have been broken.

   In the event that the agreement has been broken, the competent implementing authority may immediately impose preventive measures on the basis of the investigation already carried out. (Id., Art. 59).

V. Review of Antidumping and Countervailing Duty Determinations

A. Annual Reviews

   a. Antidumping

   Argentina directly applies the standards of the WTO Agreements.

   b. Countervail

   Argentina directly applies the standards of the WTO Agreements.

B. Duty Refund Review

   Argentina directly applies the standards of the WTO Agreements.

C. Sunset Review

   Argentina directly applies the standards of the WTO Agreements.

D. Changed Circumstances Review

   Argentina directly applies the standards of the WTO Agreements.

E. New Shipper Review

1. Antidumping

   Argentina directly applies the standards of the WTO Agreements.

2. Countervailing

   Argentina directly applies the standards of the WTO Agreements.

3. Judicial, Administrative or Other Review

   Preliminary and final determinations, and decisions to suspend, refuse, revoke or terminate investigations are subject to appeal.

   Other decisions taken during the investigation are not subject to appeal.

   Appeals shall lie only for a transfer of jurisdiction and should be made within 10 working days of the notification of the measure appealed against.

   For this purpose, the official publication of a measure is considered sufficient notification. (Decree No. 2121/94, Art. 62).

F. Procedures for Due Process

1. Notification of Initiation of Investigation

   Argentina directly applies the standards of the WTO Agreements. The standards of the Decree 2121/94 should be interpreted using those provisions.

   Once it has been decided to initiate an investigation, the implementing authority has a period of 10 days to publish its decision to open the investigation in the Boletin Oficial (Official Gazette).

   This notice must state the date of opening, the practice which is the subject of the investigation, the product under investigation, the country of origin or export and any other information that the implementing authority considers appropriate. (Decree 2121/94, Art. 41).

2. Questionnaires (Distribution, Response Time, Extensions, Supplements)

   Argentina directly applies the standards of the WTO Agreements. The provisions of Decree 766/94 and 2121/94 are applied supplementarily.

         1. Injury The Commission may require any data and information that it considers relevant to complete its investigation, in which case the provisions of Article 707 of the Customs Code apply.

   It may also carry out investigations in other countries when circumstances so require. (Decree 766/94, Art. 17).

         2. AD/CVD The competent implementing authority seeks any information required by sending questionnaires to all interested parties. (Decree No. 2121/94, Art. 42).

   The recipients of such questionnaires must reply, giving all the required information, within the time limit fixed by the implementing authority in each investigation.

   The time-limit for completing questionnaires must not be less than 30 days form the date of their receipt by the interested parties.

   Requests for extensions are granted whenever possible. (Id.).

3. Publication of Antidumping and Countervailing Duty Determinations

   The standards of the WTO Agreements are directly applied. The provisions of Decree 2121/94 are supplementarily applied. The Ministry of the Economy and Public Works and Services publishes in the Official Gazette all preliminary and final determinations under which anti-dumping and countervailing duties are imposed and decisions to suspend, refuse, revoke or terminate investigations. (Decree No. 2121/94, Art. 61).

   Published notices indicate the goods, the level of duties where appropriate, the country of origin or export and any other information at the discretion of the competent authority. (Id.).

4. Access to Public Information

   The standards of the WTO Agreements are directly applied. The provisions of Decree 2121/94 are supplementarily applied. Information received is made available to the interested parties within 8 working days, except for information which has been deemed as confidential. (Decree No. 2121/94, Art. 44).

   Any persons submitting information may request at the time of its submission that it be treated as confidential, provide evidence to the competent implementing authority of the need for such treatment, and make this need clear by means of marking the document "CONFIDENTIAL" in the top right-hand corner of each page.

   Confidentiality may not be requested for information not submitted voluntarily.

   The implementing authority will decide within 5 working days regarding the claim for confidential treatment. During this period the information in question shall be given confidential treatment.

   If confidentiality is refused, the person submitting the information may withdraw it.

   A condition of confidential treatment is the attachment of a non-confidential summary so that it can be included in the investigation.

   If those submitting confidential information indicate that it may not be summarized, they must give reason why this is impossible and the implementing authority shall consider whether or not to accept it. (Id., Art. 45).

5. Access to Confidential Information

   The standards of the WTO are directly applied.

   Furthermore, Decree 766/94 foresees that the Commission takes precautions to protect confidential information, concerning its use and storage, and establishes appropriate responsibilities and sanctions for staff who break any rules established to this end. (Decree 766/94, Art. 92).

6. Decision Making Process (Ministerial Approval, Commission Vote, etc.)

   1. Injury

   The National Commission for Foreign Trade, established as a separate agency under the Secretariat for Industry, Trade and Mining of the Ministry of the Economy and Public Works and Services is the authority responsible for the analysis, investigation and regulation in the determination of material injury to domestic production. (Decree No. 766/94, Art. 1 and Decree 660/96).

   The Commission is directed by a Board whose Members hold the rank of Under-Secretary and which consists of one Chairman and four Members who are appointed by the National Executive Power on the recommendation of the Ministry of the Economy and Public Works and Services. (Id., Art. 5).

   2. Antidumping and Countervailing Duties

   The Minster of the Economy and Public Works and Services is responsible for making decisions which establish anti-dumping and countervailing duties. (Decree 2121/94, Art. 35(a) and Decree 704/95).

   Proceedings for the imposition of anti-dumping and countervailing duties are initiated and conducted through the Under-Secretariat for Trade and Investment for the Ministry of the Economy and Public Works and Services. (Id., Art. 36)

G. Application and Collection of Duties

1. Suspension of Liquidation

   The standards of the WTO Agreements are directly applied.

   The provisions of Decree 2121/94 are supplementarily applied. Within 5 working days of a preliminary or final determination, the Minister for the Economy and Public Works and Services must notify the National Customs Administration of the decision to impose duties by providing a full copy of the resolution. (Decree 2121/94, Art. 71).

   Upon receipt of the resolution, the National Customs Administration must issue the necessary instructions to proceed with the collection of the duties within 10 working days. (Id., Art. 72).

2. Use of Bonds or Cash Deposits

   The standards of the WTO Agreements are directly applied.

3. Methods of Liquidation

   The standards of the WTO Agreements are directly applied. The provisions of Decree 2121/94 are supplementarily applied.

H. Other

1. Anti-Circumvention

   The competent implementing authority may include within the scope of the definitive antidumping or countervailing duty measure in force, imported parts and components intended for assembly or finishing in the Argentine Republic when it is established that:

         (a) the product assembled or finished from such parts or components is a like product to the one subject to the definitive antidumping or countervailing duty;

         (b) assembly or finishing in the country importing the product referred to in paragraph (a) above is carried out by a party related to an exporter or producer whose exports of the like product to the Argentine Republic are subject to a definitive duty or which acts on behalf of such exporter or producer;

         (c) parts or components were obtained in the country of the exporter or producer subject to a definitive duty from suppliers in the exporting country who traditionally have supplied parts or components to such exporter or producer, or from a third party supplying parts or components on behalf of such exporter;

         (d) assembly or finishing operations in the Argentine Republic have undergone substantial growth and imports of parts or components for such operations have increased substantially since the initiation of the investigation which gave rise to the imposition of the definitive duty;

         (e) the total cost of the parts or components referred to in subparagraph (c) represents a substantial part of the total cost of the parts or components used in the assembly or finishing operations.

   The competent implementing authority may impose preventive antidumping or countervailing duties on parts or components imported for use in assembly or finishing operations when it considers that there is sufficient evidence of the criteria outlined in paragraphs (a) through (e) above.

   The competent implementing authority may establish a definitive antidumping or countervailing duty when all the criteria set forth above are met.

   The definitive antidumping or countervailing duty that may be imposed may not be higher than the definitive antidumping or countervailing duty in force on imports of the finished product subject to investigation. (Decree No. 2121/94, Art. 66).

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