WORLD TRADE
ORGANIZATIONG/ADP/Q1/PER/21
G/SCM/Q1/PER/21
20 October 2003
(03-5544)
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
Replies to the Follow-Up Questions Posed by the
EUROPEAN COMMUNITIES1Regarding
the Notification of PERU2
The following communication, dated 13 October 2003, has been received from the Permanent
Mission of Peru.
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The Permanent Mission of Peru to the International Organizations based in Geneva presents
its compliments to the Secretariat of the World Trade Organization (Rules Division) and, pursuant to
Article 16.4 of the Anti-Dumping Agreement and Article 25.9 of the Agreement on Subsidies andCountervailing Measures, hereby submits the replies of the Dumping and Subsidies Commission of
the National Institute for the Defence of Competition and the Protection of Intellectual Property
(INDECOPI) to the follow-up questions posed by the Permanent Delegation of the European
Communities (document G/ADP/Q1/PER/19/Suppl.1).
.
                                                     
1 G/ADP/Q1/PER/19/Suppl.1-G/SCM/Q1/PER/19/Suppl.1
2 G/ADP/N/1/PER/2-G/SCM/N/1/PER/2G/ADP/Q1/PER/21
G/SCM/Q1/PER/21
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Question 1
Title IV:  does Peru have any provisions on cumulation of imports in accordance with
Article 3.3 of the Anti-Dumping Agreement ("ADA")?
Reply
No.
Question 2
Article 20(ii) provides that in exceptional circumstances the territory may be divided into two
or more competitive markets in accordance with Article 4.1(ii) ADA, but does not contain a provision
corresponding to Article 4.2 ADA.  Please clarify whether Article 4.2 ADA will be applied directly.
Reply
Article 4.2 of the Anti-Dumping Agreement applies directly in cases involving the
circumstances governed by Article 20(ii) of the Regulations.
Question 3
Article 28, paragraph 2, provides that the interested parties may submit comments on the
document of Essential Facts within a maximum of ten days calculated from the day following their
notification.  Can this time-limit be extended, e.g. in cases where the notification and the receipt of
this document do not timely coincide?
Reply
The time-limit for submitting comments on the document of Essential Facts is ten days from
the day following its notification to the addressee at his or her domicile, as confirmed by the signature
or stamp of the recipient.  This time-limit cannot be extended.
Question 4
Pursuant to Article 29, paragraph 3, the Commission shall impose a fine on parties who
obstruct the taking of evidence (…), or in any way hinder or obstruct the normal conduct of the
investigation procedure.  Please clarify how Peru intends to apply this provision.  How is it consistentwith the right of interested parties not to cooperate in an investigation?
Reply
Article 29, paragraph 3, of the Regulations allows the Commission to impose a fine on parties
for legal misconduct during the investigation proceedings, that is to say, it applies only to those who
have asked to appear in person in the investigati on proceedings, and who make tactical use of their
status as parties to the proceedings to prevent the Commission from conducting its investigation work,
for example by falsifying information.  This clause  does not apply to parties who do not wish to appear
in person in the proceedings and/or to cooperate by  means of the submission of information, since, in
such cases, the Anti-Dumping Agreement empowers th e investigating authority to take a decision on
the basis of the best information available.G/ADP/Q1/PER/21
G/SCM/Q1/PER/21
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Question 5
Title VI, Chapter II:  please clarify whether Peru carries out verification visits in accordance
with Article 6.7 ADA and has any rules on such verifications?
Reply
When considered necessary, inspection visits may be carried out in the territory of another
Member.  There are no specific rules relating to this in our Regulations.
Question 6
Article 46, paragraph 2, states that provisional or definitive anti-dumping duties constitute
fines and not any form of taxation.  Please clarify the meaning and legal consequences of this
provision.
Reply
In Peru, anti-dumping and countervailing duties, whether provisional or definitive, constitute
fines solely for the purpose of the collection and fiscal use of the revenue therefrom.
Question 7
Please clarify whether Article 52 constitutes the implementation of Article 9.3.2 ADA?
Reply
Article 52 of the Regulations does not govern the same matters as Article 9.3.2 of the
Anti-Dumping Agreement, but sets the limitation period for the reimbursement of undue or excess
payments generated, for example, in cases where provisional duties have been imposed and where,
upon completion of the investigation, either the definitive duties are less than the provisional duties or
no measures at all are imposed.  Another such in stance would be where inappropriate anti-dumping or
countervailing duties are charged and/or paid by mistake.  It should be noted that requests forreimbursement are settled by the investigating author ity within thirty (30) calendar days of the filing
date of the request.
Question 8
The Supreme Decree does not contain provisions on public notices.  Does Peru intend to
apply Article 12 of the Anti-Dumping Agreement directly in this respect?
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