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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 44: DIVISION OF THE NATIONAL TERRITORY TO DETERMINE THE EXISTENCE OF DAMAGE

     

    To determine the existence of damage (RLCE: Art. 63) (RLCE: Art. 67) to a branch of national production, the national territory may be divided into two or more competing markets and the producers of each market may be considered as a different branch of production if:

  • The producers of that market sell all or almost all of their production of the merchandise in question in that market, and

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  • In that market the demand is not substantially covered by producers of the merchandise in question located elsewhere in the territory. (RLCE: Art. 95)

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    In these circumstances, the Ministry (LCE: Art. 3) (RLCE: Art. 1) may consider that there is damage, even when a significant portion of the total national industry is not damaged, provided there is a concentration of imports subject to price discrimination (RLCE: Art. 38) or of subsidies in that isolated market and that, in addition, such imports cause damage to producers of all or almost all of the industry in that market.