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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 83: OTHER INFORMATION THAT THE FINAL RESOLUTION MUST CONTAIN

     

    The final resolution referred to in article 59 of the Law (LCE: Art. 59), will contain in addition to the data indicated in article 80 of this Regulation (RLCE: Art. 80), the following:

  • In case the existence of unfair international trade practices is confirmed:

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  • The normal value and export price obtained by the Ministry (RLCE: Art. 1), unless it is information that an interested party considers confidential or reserved commercial;

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  • A description of the methodology that was followed for the determination of normal value and export price, and, where appropriate, the amount of subsidy and its impact on the export price, in accordance with Chapters II and III of the Title V of the Law as well as the applicable articles of Chapter II of Title IV of these Regulations, unless it is information that an interested party considers confidential or reserved commercial;

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  • The margin of price discrimination, the characteristics and the amount of the subsidy, as well as its impact on the export price;

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  • A description of the damage to the national production;

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  • The explanation of the analysis carried out by the Ministry of damage factors provided for in the Law and these Regulations, as well as other factors taken into account. They must identify them and explain the importance of each of them in the respective resolution;

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  • Where appropriate, the export price is not damaging to the national production and a description of the procedure to determine it;

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  • The amount of the definitive compensatory fees to be paid;

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  • The mention that the Secretary of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) will be notified for the collection of definitive compensatory fees, and

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  • The date on which the draft resolution was submitted in the opinion of the Commission (RLCE: Art. 1) and its meaning.

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  • In case the absence of unfair international trade practices is determined, the mention that the administrative investigation concludes without imposing compensatory fees, as well as the date on which the draft resolution was submitted in the opinion of the Commission and the sense in which it opined.