ARTICLE 64: CALCULATION OF INDIVIDUAL MARGINS OF PRICE DISCRIMINATION OR SUBSIDIES

     

    The Ministry (LCE: Art. 3) (RLCE: Art. 1) will calculate individual margins of price discrimination (RLCE: Art. 38) or subsidies for those foreign producers that provide sufficient information for this; These individual margins will serve as a basis for the determination of specific compensatory fees.

    The Ministry will determine a compensatory fee based on the margin of price discrimination or subsidies obtained based on the best information available from the facts available, in the following cases:

  • When producers do not appear in the investigation; or
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  • When the producers do not present the required information in a well-timely manner, they significantly hinder the investigation, or submit incomplete information or evidence, incorrect or not from their accounting records, which does not allow the determination of an individual margin of price discrimination or of subsidies; or
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  • When producers have not exported the product under investigation during the period under investigation.
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    It will be understood by the facts that are known, those accredited by the evidence and data provided in a well-timely manner by the interested parties, their adjuvants, as well as by the information obtained by the investigating authority.