. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/PER/17
G/SCM/Q1/PER/17
23 November 2001
(01-5979)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5
AND 32.6 OF THE AGREEMENTS
Response to the Question Posed by the EUROPEAN COMMUNITY1
Regarding the Notification of PERU2
The following communication, dated 19 November 2001, has been received from the
Permanent Mission of Peru.
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Question from the European Community
Article 7 of the Supreme Decree No. 144-2000-EF, introducing Article 22 bis in the
Supreme Decree No. 043-97-EF, ref ers to the adoption of a final decision  by the Commission.
However, neither this Article nor any other provision which had been notified  refers to the
possibility of provisional measures being adopted by the Commission.  Could Peru please
explain whether provisional measures may be adopted and, if this is the case, which would be
the deadlines to present evidence and to request for hearings?
Response
Although Supreme Decree No. 144-2000-EF amends  or repeals some provisions of Supreme
Decree No. 043-97-EF, it should be understood that t hose provisions in the latter that have not been
amended or repealed remain in force.
In this connection, the application of provisional measures is governed by the provisions in
Article 42 of Supreme Decree No. 0 43-97-EF (G/ADP/N/1/PER/1/Suppl.2 and
G/SCM/N/1/PER/1/Suppl.2) and by the provisions of Articles 7 and 17 respectively of the WTO
Anti-Dumping Agreement and the WTO Agreement on Subsidies and Countervailing Measures.
Article 42 of Supreme Decree No. 043-97-EF (Regulations on Dumping and Subsidies) states
that provisional measures may be adopted and specifies several requirements to be fulfilled prior to
their application, which are similar to those in Article 7 of the WTO Agreement.  It is stated,
inter alia , that provisional duties may only be applied if "an investigation has been initiated in
accordance with these Regulations and the interested parties have been given adequate opportunities
to submit information and make comments".
With regard to the deadlines to present evidence and request hearings, Article 14 of Supreme
Decree No. 144-2000-EF (which amends Article 31 of  Supreme Decree No. 043-97-EF) provides that
                                                     
1 G/ADP/Q1/PER/14-G/SCM/Q1/PER/14
2 G/ADP/N/1/PER/1/Suppl.3-G/SCM/N/1/PER/1/Suppl.3G/ADP/Q1/PER/17
G/SCM/Q1/PER/17
Page 2
within 15 days of receiving the replies to the questionnaires addressed to exporters and importers, the
Commission shall convene a hearing.  In addition, hearings may be held at the request of any of the
parties within the evidentiary period.
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