Enter your search here

ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 18.67

    • ARTICLE 82: OTHER INFORMATION THAT THE PRELIMINARY RESOLUTION MUST CONTAIN

     

    The preliminary resolution referred to in article 57 of the Law (LCE: Art. 57), will contain in addition to the data indicated in articles 80 and 81, section II, of this Regulation, the following:

  • In the event that the existence of unfair international trade practices has been preliminary determined:

    •  

  • 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;

    •  

  • 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;

    •  

  • The margin of price discrimination, the characteristics and the amount of subsidy;

    •  

  • A description of the damage to the national production;

    •  

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

    •  

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

    •  

  • The amount of the provisional compensatory fee to be paid, and

    •  

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

    •  

  • In the event that the reasons that led to the investigation of unfair international trade practices have not changed, the mention that the administrative investigation continues without imposing compensatory fees, or

    •  

  • 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 (RLCE: Art. 1) and the sense in which it opined.