ARTICLE 65A: CAUSES FOR WHICH COMPENSATORY FEES ARE APPLIED TO MERCHANDISE SUBJECT TO INVESTIGATION

     

    In the case of price discrimination (RLCE: Art. 38) that causes damage to the national industry, corresponds to the Ministry (LCE: Art. 3) (RLCE: Art. 1) will determine the application of a definitive compensatory fee on the merchandise subject to investigation that have been imported during the three months prior to the date of application of the provisional measures when in relation to the product subject to price discrimination investigated, the authority determine:

     

  • That there is a history of price discrimination causing damage or that the importer knew or should have known that the exporter incurred price discrimination and that it would cause damage, and
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  • That the damage is due to massive imports of a product subject to price discrimination, carried out in a relatively short period and the Ministry considers that due to its temporality, its volume and other circumstances (such as a rapid accumulation of stocks of the imported product), they are likely to seriously undermine the repairing effect of the definitive compensatory fee that should be applied, provided that interested importers have been given the opportunity to comment.
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    In the case of subsidies that cause damage to the national industry, when, in respect of the subsidized product in question, the investigating authority concludes that there is damage difficult to repair, meaning, when there are critical circumstances, caused by massive imports, made in a relatively short period, a product that receives subsidies paid or granted incompatible with the applicable provisions and when, in order to prevent the damage from occurring again, it is deemed necessary to retroactively receive compensatory fees on those imports, it corresponds to the Ministry to determine the application of the definitive compensatory fee to the merchandise that have been imported for a maximum of three months before the date of application of the provisional measures.