RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/PER/18
G/SCM/Q1/PER/18
8 April 2002
(02-1865)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  Spanish/
                English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Replies to the Follow-Up Questions Posed by the UNITED STATES1
Regarding the Notification of PERU 2
The following communication was received from the Permanent Mission of Peru on
15 March 2002.
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The Permanent Mission of Peru to the World Trade Organization presents its compliments to
the WTO Committee on Anti-Dumping Practices and hereby submits the replies to the questionsposed by the Permanent Mission of the United States regarding the notifications by Peru
(G/ADP/N/1/PER1/Suppl.3 and G/ SCM/N/1/PER1/Suppl.3) of its legislation on anti-dumping,
subsidies and countervailing measures.
                                                     
1 G/ADP/Q1/PER/16-G/SCM/Q1/PER/16
2 G/ADP/N/1/PER/1-G/SCM/N/1/PER/1, Suppl.1 (+ Corr.1), Suppl.2 (+ Corr.1) and Suppl.3.G/ADP/Q1/PER/18
G/SCM/Q1/PER/18
Page 2
By Legislative Decision No. 26407, published on 18 December 1994, the Congress of Peru
approved the Agreement Establishing the World Trade Organization and the Agreements contained in
the Final Act of the Uruguay Round and incorporated their provisions into Peruvian domestic law.
Accordingly, the Agreement on Implementation of Article VI of the General Agreement on Tariffsand Trade 1994 (Anti-Dumping Agreement) and the Agreement on Subsidies and Countervailing
Measures came into force on 1 January 1995 and have the status of domestic law, their provisions
being directly applicable in this country.
Peru has issued Supreme Decree No. 043- 97-EF and Supreme Decree No. 144-2000-EF
(amending the former), "Regulations on Dumping and Subsidies", which regulate the legal and
administrative procedures needed to carry out investigations.
In accordance with Articles 18.5 and 32.6 of the Anti-Dumping Agreement and the
Agreement on Subsidies and Countervailing Measures, Peru notified Supreme Decree
No. 144-2000-EF to the World Trade Organization.  In this context, the United States has posed a
second question regarding Article 23 of Suprem e Decree No. 043-97-EF, as amended by Supreme
Decree No. 144-2000-EF.
Firstly, it should be pointed out that the Peruvian investigating authority does not draw
adverse assumptions if a party fails to submit information as required.  The amendment to Article 23
of the Regulations on Dumping and Subsidies serves two purposes.  The first is to forewarn theparties to the procedure of the Commission's response to breaches of good faith.  The other is to
discourage the parties from inappropriate conduct during the administrative proceedings.
Administrative fines are levied as a result of parties' conduct during the proceedings, but they are
unrelated to the determination of dumping, injury and causal link required in order to make
preliminary and final determinations, positive or negative, on the basis of available facts.
It should also be pointed out that no fines have been levied to date under Article 23 of
Supreme Decree No. 043-97-EF, as amended by th e Supreme Decree No. 144-2000-EF, and hence no
information can be given on either the instances in which such fines are levied or the amounts
involved.
Question
What procedure does Peru have in place for contesting the application and amount of
such fines, and does such proc edure provide for judicial review?
Reply
Decisions involving the levying of fines may be appealed to the administrative authority of
second instance or submitted for judicial review.
Question
If a fine is imposed on one party for failing to provide information, can other parties
contest the amount of the fine if their int erests are adversely affected by the lack of
information?
Reply
No.G/ADP/Q1/PER/18
G/SCM/Q1/PER/18
Page 3
Question
What procedures are followed to collect such  fines and could such procedures include a
lien on or seizure of the imported merchandise?
Reply
The procedure is established by the Law on Enforcement.  Article 23 of Supreme Decree
No. 043-97-EF, as amended by Supreme Decree N o. 144-2000-EF, does not provide for liens on or
seizure of imported merchandise.
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