./.WORLD TRADE
ORGANIZATIONG/ADP/Q1/MEX/12
G/SCM/Q1/MEX/12
14 May 2004
(04-2148)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal: English
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER
ARTICLE 18.5 AND ARTICLE 32.6 OF THE AGREEMENTS
Additional Follow-Up Questions posed by the UNITED STATES1
Regarding the Notification of MEXICO2
The following communication, dated 13 May 2004, is being circulated at the request of the
Delegation of the United States.
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1. Has Mexico yet initiated any cases that are being conducted in accordance with the 2003
amendments to the Foreign Trade Act (the "Decree")? If so, please list those cases.
2. Are revisions being made to the Regulations of the Foreign Trade Act to reflect the 2003
amendments? If so, when does Mexico anticipate that the revised Regulations will be notified to the
WTO?
3. In its responses to questions from the United States and other countries, Mexico has asserted
that international treaties apply automatically. Furthermore, in its reply to Chile, Mexico asserted that
"[p]ursuant to the Mexican legal system, international agreements (such as the Anti-Dumping
Agreement) take precedence over federal laws.3What are the specific sources in Mexican law that
establish the supremacy of international treaties over federal laws? How is this consistent with
Article 133 of the Mexican Constitution, which appears to place federal laws and international treaties
on an equal footing.4
4. With regard to Article 31 of the Decree, has Mexico ever made antidumping determinations
on the basis of third country prices? If so, did the administering authority use the "highest
[representative] price" in its calculation of normal value? Please identify all cases in which this was
done.
1G/ADP/Q1/MEX/9-G/SCM/Q1/MEX/9
2G/ADP/N/1/MEX/1/Suppl.2-G/SCM/N/1/MEX/1/Suppl.1-G/SG/N/1/MEX/1/Suppl.1
3G/ADP/Q1/MEX/10-G/SCM/Q1/MEX/10, p.7, reply to Question 17.
4Artículo 133. Esta Constitución, las leyes del Congreso de la Unión que emanen de ella y todos los
tratados que estén de acuerdo con la misma, celebrados y que se celebren por el Presidente de la República, con
aprobación del Senado, serán la Ley Suprema de toda la Unión. C ONSTITUCIÓN POLÍTICA DE LOS ESTADOS
UNIDOS MEXICANOS .
Article 133. This Constitution, the laws of the Congress of the Union which flow from it and all
treaties that may be in accord with the same, executed by the President of the Republic, with the approval of the
Senate, shall be the Supreme Law of the whole Union. M EX.CONST .G/ADP/Q1/MEX/12
G/SCM/Q1/MEX/12
Page 2
5. The United States appreciates Mexico’s clarification of some issues previously raised
regarding Article 86 and notes that Mexico has pointed out that the administering authority’s
application of Article 86 is discretionary, rather than obligatory. However, assuming that Article 86
was not enacted with the intention that it never be used, the United States would appreciate Mexico’s
further clarification of how this provision would, if applied, be consistent with Article 6.5 of the
Anti-dumping Agreement, which prohibits disclosure of confidential information without the specific
permission of the party submitting it? If the administering authority determined to report the possible
existence of monopolistic practices to the antitrust authority, what documentation would it provide to
the antitrust authority? In this circumstance, would the administering authority have an obligation or
option of also notifying the party suspected of monopolistic practices?
6. In its response to question 10, Mexico stated:
Under Article 40 of the Foreign Trade Act, when all of the producers are related to
the exporters or importers, Mexico may take as the domestic industry the
manufacturers of the goods produced during the immediately preceding stage in the
same continuous line of production, and will do so provided that the goods in
question meet the criteria set out in Article 2.6 of the Anti-Dumping Agreement.
This Article is therefore consistent with the provisions of the Anti-Dumping
Agreement.
(emphasis in original). Could Mexico indicate:
(a) the considerations its authority examines in deciding whether to exercise its discretion to
define the manufacturers of the goods produced during the immediately preceding stage in the
same continuous line of production as the domestic industry; and
(b) whether, in determining whether "the goods in question meet the criteria set out in Article 2.6
of the Anti-Dumping Agreement", its authority disregards that there is a domestically-
produced article produced at the same stage of production as the imported articles under
investigation.
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