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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 118: REQUEST FOR AN INVESTIGATION ON SAFEGUARD

     

    The interested party request for the initiation of an administrative investigation in the matter of safeguards, in addition to being submitted in writing and complying with the requirements set forth in article 50 and 51 of the Law (LCE: Art. 50) (LCE: Art. 51), will be submitted with the form issued by the Ministry (RLCE: Art. 1), which will contain the following:

  • The competent administrative authority to which it is promoted;

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  • Name or business name and address and, where appropriate, their representative, accompanying the documentation that proves it;

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  • Main activity of the promoter;

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  • Volume and value of the national production of the identical product, similar or directly competitive to that of importation;

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  • Description of their participation, in volume and value, within the national production;

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  • The legal foundations on which it is based;

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  • Description of the merchandise for which it is imported, accompanying the specifications and characteristics comparatively with that of the national production and the other data that individualize it; the volume and value that was imported based on the corresponding unit of measure and its tariff classification according to the Tariff of General Import and Export Tax Law (Tarifa de la Ley del Impuesto General de Importación y Exportación;);

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  • Name or business name and address of those who made the import clarifying whether it was carried out in one or more operations;

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  • Name of the country or countries of origin or provenance of the merchandise, as the case may be, and the name or business name of the person or people who have made the export;

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  • Analysis of the competitive position of the national production it represents;

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  • The adjustment program that will be implemented if a safeguard measure is imposed, and its viability;

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  • Description of the facts and data that demonstrate that the increase in imports causes serious damage or threat of serious damage to the national productions of identical, similar or directly competitive merchandise, and

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  • If applicable, description of the requests for other regulatory or commercial restriction measures in relation to the merchandise subject to the request.

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    The request referred to in this article must include the autograph signature of the interested party or of the person acting on its behalf.

    The application and attached documents must be submitted in original and in as many copies as indicated by the Ministry in the official form.

    Transfer copies must be submitted at the latest with the response to the prevention, as many copies as importers, exporters and, where appropriate, foreign governments name in their request and in the response to the prevention. These copies must be submitted by the means determined by the Ministry. Failure to comply with this obligation, the request will be considered abandoned.

    The investigation procedure will not be an obstacle to the clearance before the corresponding customs of the merchandise involved in the investigation.