New rules for proceedings in antidumping investigations in Argentina

Argentina has adopted new rules for anti-dumping and countervailing duty investigations. By replacing the current rules (set forth by Decree N° 1326/98) with Decree N° 1393/08, the government introduced a set of changes to favor local producers.

The new rules speed up the procedures for investigations on unfair trade practices by reducing the time of investigation from twelve to ten months, though  the case may be extended up to 18 months under special circumstances. In practice, most cases are closed within the extended term.

The Decree changes the way of calculating terms from working to calendar days. Until now, although terms were calculated in administrative working days, the extensions given by the authorities have been in calendar days.

The Decree also introduces rules on retroactivity of antidumping duties. Under the new regulations, authorities will be able to retroactively impose antidumping duties on imports dated up to 90 calendar days before the application of provisional measures.

Finally, the new regulation extends from one to two years the minimum term any interested party must wait before requesting the authorities to review the imposition of the duty based on a change of circumstances.

The new rules became effective as from September 25, 2008, and will be applicable to investigations and reviews of existing measures initiated as a result of applications submitted after that date. Investigations initiated under Decree No. 1326/98 will continue to be ruled by that decree until their completion.

For further information on this topic please contact Julián Peña