Argentina unifies its antidumping system and strengthens the technical capacity of the CNCE for trade defense investigations

The Executive Branch, through Decree 33/2025, ordered the unification of the procedures related to unfair international trade practices. Following this reform, these procedures will be exclusively under the jurisdiction of the National Commission for Foreign Trade (CNCE).

The main objective of these amendments is to ensure that anti-dumping measures are applied in a more balanced manner, minimising their impact on the general price level. In addition, the terms of validity are shortened of these measures: instead of the maximum duration of five years with unlimited renewals, they will now have a maximum validity of three years, with the possibility of a single renewal for two additional years.

To strengthen the comprehensive analysis of cases, the decree incorporates the participation of the National Commission for the Defense of Competition and the Undersecretariat for Consumer Protection. Both institutions will contribute with assessments that consider the public interest and consumer rights, as well as the impact on value chains.

With this reform, the Government seeks to foster competition, restore the original function of anti-dumping duties and promote more transparent and balanced foreign trade. These measures are also in line with the integration policy aimed at diversifying and increasing trade in goods.

The decree establishes new powers for the different institutions involved:

• Ministry of Economy: will be the authority in charge of issuing resolutions on:

  • Anti-dumping or compensatory duties - provisional or definitive -

  • Approval of price commitments.

  • Initiation of examination of antidumping or countervailing duties, safeguard measures.

• National Commission for Foreign Trade: As a decentralized body of the Secretariat of Industry and Commerce of the Ministry of Economy, it will be in charge:

  • The instruction of the procedure.

  • The determination of the existence of dumping or subsidy or safeguard.

  • The determination of the existence of a similar or directly competing national product.

  • The representativeness of the applicant.

  • The determination of the existence of damage to the national production branch.

  • The causal relationship.

  • Public interest advice.

• La Ministry of Industry and Commerce will be responsible for issuing the complementary regulation within the framework of this decree.

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Modified or repealed regulatory background

• Decree 766/94: It provided for the creation of the National Commission for Foreign Trade, establishing the function of analysis, investigation and regulation in determining material damage to national production in the situations provided for in the current legislation on international trade in Argentina. This standard has been modified by Decree 33/2025 with regard to the following articles:

• • Art. 1: The NATIONAL FOREIGN TRADE COMMISSION, a decentralized body within the scope of the SECRETARIAT OF INDUSTRY AND COMMERCE of the MINISTRY OF ECONOMY, will be the specialized entity of the national Government that intervenes in the determination of the existence of dumping or subsidy or safeguards, on the existence of a similar or directly competitive national product, the representativeness of the applicant, the determination of the existence of damage to the national production branch, the causal relationship, advice on public interest and other functions in the situations provided for in the current legislation on the matter. (Article replaced by art. 122 of Decree 33/2025).

  • Art. 2: Repealed by art. 123 of Decree 33/2025.

  • Art. 3: Replaces paragraphs a) and c) regarding the functions of the Commission. 

Section a) Conduct investigations into dumping, subsidies and safeguards; carry out the analysis of dumping, damage to national production, the causal relationship and analyze the convenience of adopting antidumping duties, in accordance with the terms of the Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade (GATT), within the framework of the laws and regulations that govern its application in the ARGENTINE REPUBLIC; (Section replaced by art. 124 of Decree 33/2025)

Section c) Analyze, at the request of the SECRETARIAT OF INDUSTRY AND COMMERCE, the aspect of damage to national production, when evaluating foreign trade policy measures resulting from the application of the Customs Code and other legislation in force on the matter. (Section replaced by art. 124 of Decree 33/2025).

• • Art. 5: The management of the NATIONAL FOREIGN TRADE COMMISSION will be exercised by a Board of Directors whose members will have the rank of undersecretary and will be composed of ONE (1) president and FOUR (4) members, who will be appointed by the NATIONAL EXECUTIVE BRANCH at the proposal of the MINISTRY OF ECONOMY. The members will remain in office for FOUR (4) years, and their appointment may be renewed. (Article replaced by art. 125 of Decree 33/2025)

• • Art. 9: The functions of the Board of Directors shall be: a) To interpret and apply the regulations referred to in article 3 of this decree, within the powers of the Commission. b) To carry out all other acts specifically assigned to the Commission and, in general, any others that may be necessary for the fulfillment of its functions and the objectives of this decree. (Article replaced by art. 126 of Decree 33/2025).

  • Art. 10: The President shall exercise the legal representation of the Commission; in the event of impediment or temporary absence, he shall be replaced by one of the members designated for this purpose by the Board of Directors. The appointment, promotion, suspension and removal of personnel shall be the responsibility of the President of the Commission. (Article replaced by art. 127 of Decree 33/2025)

  • Art. 16: In analysing and recommending measures, the Commission must be guided by the criterion of offsetting the injury and must avoid using the regulations for protectionist purposes. In particular, it must not propose measures similar to the dumping margin or subsidy rate determined if it concludes that the injury can be remedied by other measures that are less restrictive on imports. In no case may the proposed duties be higher than the estimated dumping margin or subsidy rate. (Article replaced by art. 128 of Decree 33/2025). 

  • Art. 20: The reports of the NATIONAL FOREIGN TRADE COMMISSION and the recommendations of its Board of Directors are the only means to prove the existence or nonexistence of dumping, damage to national production in cases related to imports under conditions of unfair competition and the evaluation of safeguard measures. The report of the NATIONAL FOREIGN TRADE COMMISSION will have the character of a recommendation to the MINISTER OF ECONOMY, in order to evaluate the convenience of applying antidumping and compensatory duties and safeguard measures. (Article replaced by art. 129 of Decree 33/2025).

  • Art. 21: The Commission shall have the power to issue its internal regulations and rules of interpretation and clarification relating to matters within its jurisdiction, as well as those relating to the forms, deadlines and other modalities of its internal procedure, all in accordance with current legislation. (Article replaced by art. 130 of Decree 33/2025 BO 16/01/2025).

• Decree 1059/96: It established definitions of the notions of "serious damage", "threat of serious damage" and "domestic production branch", as well as the time limits for initiating investigations and determining whether or not measures should be adopted. Regulation repealed by article 121 of Decree 33/2025.

• Decree No. 1219/06: regulated the objective criteria to be applied to imports from countries without a market economy or in transition towards one, for the purposes of determining price comparability, in accordance with the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade of 1994. Regulation repealed by article 121 of Decree 33/2025.

• Decree 1393 / 08: determined the enforcement authorities and functions of the Ministry of Economy and Production, Secretariat of Industry, Commerce and Small and Medium-sized Enterprises, establishing that within the aforementioned Secretariat, the Undersecretariat of Commercial Policy and Management will be in charge of the instruction of the procedure, the determination of the existence of dumping or subsidy and the National Foreign Trade Commission is in charge of determining the existence of a similar national product, the representativeness of the applicant, the verification of the existence of damage to the national production branch and the causal relationship. Standard repealed by article 121 of Decree 33/2025.

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New regulatory framework

Decree 33/2025 establishes a renewed procedure for opening investigations into unfair practices in international trade, specifically in relation to imports involving dumping, subsidies and damage caused to national production. The purpose of these changes is to streamline, make transparent and make more efficient the procedures related to foreign trade.

The new framework sets out its guidelines in five (5) Titles, addressing the following topics:

• Title I: Authorities and Definitions
• Title II: Investigation of Dumping and Countervailing Measures
• Title III: Safeguards 
• Title IV: General Provisions
• Title V: Additional provisions

TITLE I

The competent authorities, their functions and relevant definitions are established under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 of the WTO.

Authorities

The Ministry of Economy, the Secretariat of Industry and Commerce, and within the latter, the National Commission for Foreign Trade (CNCE), acquire specific functions and powers. In this context, The CNCE assumes both the powers it already exercised and those that previously corresponded to the Undersecretariat of Commercial Policy and Management., together with the provisions of Decree 33/20025. Consequently, the CNCE becomes responsible for the instruction of the procedures, the determination of the existence of dumping practices, subsidies or safeguards, the evaluation of similar or competing national products, the verification of the representativeness of the applicant, the analysis of the damage to national production, the causal relationship, the advice on the public interest and all other functions assigned by this decree.

Definitions

For the purposes of this decree, the definitions established in the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade of 1994 of the WTO (hereinafter "the Agreement") shall apply.Agreement on Dumping«); the Agreement on Subsidies and Countervailing Measures (hereinafter «Agreement on Subsidies«); and the Agreement on Implementation of Article XIX of the General Agreement on Tariffs and Trade 1994 of the WTO (hereinafter «Safeguards Agreement«), all approved by Law No. 24.425.

PART II

This Title details the procedure for the investigation of dumping practices and the imposition of compensatory measures, organizing the content into ten (10) chapters that address the following topics:

Stage prior to the start of the investigation

Enabling the optional instance of advice in favor of national producers and the Chambers or Associations of manufacturers interested in starting the procedure. This stage is voluntary, but does not prevent the possibility of directly submitting the request for investigation. 

Request for initiation of investigation

For these purposes, all evidence supporting the existence of: a) unfair practice, b) damage, c) the causal relationship between the imports subject to dumping or subsidy and the alleged damage, as established in the complementary rule, as well as the legitimacy to request this investigation, must be presented, at least proving a representation of 25% of the national production of the similar product produced by the national production branch that feels affected by the alleged dumping or subsidy. 

Start of ex officio investigations

The Ministry of Economy may initiate an investigation or review of the current measures provided for in the decree, when there is sufficient evidence to justify it. For these purposes, the CNCE will be required to issue its recommendation within the scope of its competence. 

Investigation into dumping or subsidy initiated

In order to open the investigation, the CNCE must issue its prior report, containing the following points: The representativeness of the applicant, if applicable; the existence of a similar national product; the existence of sufficient evidence regarding the presumption of dumping or subsidy; the damage and the causal relationship that justify the initiation of an investigation. Such report must be prepared within thirty (30) days of the submission of the application or of the correction of errors or omissions, or from the start of the investigation. Likewise, once completed, the report must be submitted to the Secretary, who must decide within ten (10) days on the admissibility of opening the investigation. 

Given the inadmissibility, the CNCE communicated the act that resolves in this sense.

It is also provided that, in the case of a duly documented request for investigation relating to subsidies, and before proceeding to its opening, the CNCE will notify the Government of the exporting country involved, in accordance with the provisions of Article 13.1 of the Agreement on Subsidies.

Requirements for the resolution to open the investigationOn the other hand, the requirements that the resolution to open the investigation must contain are established, namely:

The definition or name of the product under investigation with the tariff item of the Common Nomenclature of MERCOSUR (NCM); its origin(s); the period investigated or of data collection; the basis of the allegation of dumping formulated in the application or a description of the subsidy practice to be investigated; a summary of the factors on which the allegation of injury and causality is based; the date of commencement of the investigation. And the obligation to be published in the Official Gazette. 

Beginning of the Investigation

The CNCE will notify the diplomatic representation of the exporting country(ies) involved, the applicant, the other parties whose interest is known based on the background information in the proceedings, and the Undersecretariat for Consumer Protection and Commercial Loyalty of the Secretariat of Industry and Commerce of the Ministry of Economy, so that consumer associations may be notified, of the decision to open an investigation.

Any natural or legal person interested in participating in the investigation may submit in writing all the evidence they consider relevant by submitting questionnaires that will be available on the official CNCE website, https://www.argentina.gob.ar/cnce.

Deadline for submission For these purposes, a period of thirty (30) days, counting from the publication of the resolution opening the investigation in the Official Gazette. 

At the request of a party, an extension of ten (10) days for the submission of questionnaires and other evidence that you intend to use. In no case will extensions be granted beyond the expiration of the deadline for offering evidence.

Once the questionnaires have been received, the CNCE will proceed to review them, and in the event of making observations, or requesting the correction of any error or non-compliance, it will notify such circumstance to the party, granting a maximum period of ten days. (10) days.

All interested parties have the opportunity to defend their interests. No party shall be obliged to attend a meeting, and their absence shall not prejudice their case. Interested parties shall have the right to submit any information they consider relevant to the purposes of the investigation, within the procedural stages provided for herein.

In cases where an interested party denies, restricts or limits access to the necessary information or does not provide it within the time limits established in this decree, the CNCE may formulate its preliminary or definitive recommendation, positive or negative, on the basis of the facts known, observing the provisions of Annex II of the Dumping Agreement.

Preliminary determination of dumping or subsidy, injury and causation and of provisional antidumping or countervailing measures  .

At ninety (90) days from the opening of the investigation, the CNCE must prepare a report and issue a preliminary determination on the existence of dumping or subsidy and of injury to the national production branch and the causal relationship between this and the dumping or subsidy, as appropriate.

It will also submit its recommendations to the Ministry of Industry and Commerce, including an analysis of the international market offering the product under investigation.

Effects

Positive recommendation The CNCE may propose provisional measures that are appropriate to mitigate the damage and will indicate the methodology used to calculate the measure.

Negative recommendation The Secretariat will order the closure of the investigation and publish the decision in the Official Gazette. 

Absence of report If, once the deadline for issuing the report has been met, the CNCE, with the evidence available at that stage, is unable to issue a positive decision, nor determine the closure of the investigation, it may continue with the investigation until the final stage but without applying any measures.

Requirements that the preliminary resolution must contain

The definition or name of the investigated product, with the tariff item of the Common Nomenclature of MERCOSUR (NCM); the exporting country or countries involved; the dumping margins established or the established amount of the subsidy; the considerations related to the determination of the existence of injury and causality; the main reasons on which the preliminary determination is based; the measure to be applied and the term of duration of the same, if applicable; the pertinent instructions to the General Directorate of Customs, if applicable. Likewise, the preliminary resolution must be summoned by the CNCE, to the parties accredited in the investigation within the maximum term of five (5) days following the publication of the administrative act in the Official Gazette. 

Evidentiary phase, on-site investigations, essential facts and final arguments 

Evidentiary stage.

• Ten (10) administrative business days counted from the notification of the preliminary determination made by the CNCE for the offer of evidence and to accompany the documentary evidence. It is also established that before the offer of evidence the parties must express the points that they intend to prove with each of the means attached in this instance.
• Five (5) days maximum for the CNCE to order the production of evidence regarding the facts invoked and that are conducive to the final recommendation.
• Thirty (30) days maximum for its production. Establishing that the decision made by the CNCE is not appealable.

“IN SITU” investigations

• The CNCE may carry out on-site investigations in the country or abroad, or perform any other type of verification. For these purposes, the CNCE will notify the date set for the on-site investigation to the party to be verified and, if applicable, to the government of the foreign country, with no less than FIVE (5) days' notice.Said party must express its express consent to carry it out, within a maximum period of five (5) days.

Report on essential facts and closing arguments

• Once the evidentiary stage has been concluded and, where appropriate, the on-site investigations have been carried out, the CNCE will issue the report of essential facts, which will serve as the basis for its final recommendation. The accredited parties will be notified and may present their arguments within ten (10) administrative business days counted from the day following notification of the incorporation of the report. Presentations made after the established deadline will not be taken into account.

Price commitmentExporters may offer price undertakings on a voluntary basis in accordance with Articles 8.1 of the Dumping Agreement and 18.1 of the Subsidies Agreement. The CNCE may also suggest price undertakings, but no exporter shall be obliged to accept them.

Term

• The offer of price undertaking must be submitted after the preliminary positive determination of dumping or subsidy, injury and causal relationship between the two or from the opening of the investigation, taking into account the maximum investigation periods provided for in Articles 33 and 38. Recalling that Article 33 establishes that investigations for dumping and subsidies will be concluded within eight (8) months following the publication of the opening resolution in the Official Gazette and Article 38 that, the examination due to change of circumstances or due to expiration of the term of validity of the measure will normally conclude within eight (8) months following the publication of the opening resolution of the examination in the Official Gazette. Clarifying that, in exceptional circumstances, the terms established in Article 5.10 of the Dumping Agreement and in Article 11.11 of the Subsidies Agreement may be applied, subject to prior authorization from the Secretariat. As a result of the examination, the antidumping or countervailing duty may not last longer than

Report

• Within thirty (30) days after the offer is submitted without errors or omissions or, where appropriate, after these have been corrected, the CNCE must issue its evaluation report on the price commitment, submitting its conclusions to the Ministry of Industry and Commerce.

inappropriateness

• If the Ministry of Industry and Commerce determines that the acceptance of the commitment presented is not appropriate, it will notify the offeror of the refusal.

Provenance 

• The price commitment accepted within the framework of an investigation that ends with the application of an antidumping or countervailing duty will enter into force for the exporter who offered it, with the publication of the corresponding Resolution in the Official Gazette.

Compliance review

• Upon acceptance of the price commitment, the General Directorate of Customs must inform the CNCE every six (6) months, counted from the entry into force of each commitment, of all import operations carried out within the framework of the same. For its part, the CNCE will evaluate compliance with the accepted price commitments by means of the periodic preparation of technical reports, as established by the complementary standard. To this end, exporting firms must provide information and documentation related to their export operations of the products subject to the Commitment to Argentina every six (6) months, counted from the approval of each commitment. Without prejudice to this, the CNCE may require additional information and documentation from exporting firms.Once the CNCE has made a determination regarding the analysis of compliance with the price commitment, it will be forwarded to the Secretariat, an authority that will make the corresponding recommendations and the Ministry must resolve on the commitment.

Final determination 

Within a maximum period of thirty (30) days from the conclusion of the corresponding period for presenting the allegations, the CNCE must issue a final determination of the existence of dumping or subsidy, damage to the national production branch and causal relationship between the two. Such report and recommendations must be submitted to the Ministry of Industry and Commerce of the Ministry of Industry and Commerce. 

Positive recommendationDefinitive measures may be proposed that are appropriate to mitigate the damage, taking into account the circumstances of general foreign trade policy and the public interest, indicating the methodology used to calculate them. For its part, the Secretariat will issue a ruling on the appropriateness of applying a definitive measure, submitting its conclusions to the Ministry, which must issue a relevant resolution, in accordance with the powers established in art. 9.1 of the Dumping Agreement.

Negative recommendation If the determination of dumping or subsidy, injury and causality is negative, the MINISTRY OF ECONOMY will be recommended to close the investigation.

Requirements that the final recommendation must containThe CNCE must include a section with considerations on the circumstances of general foreign trade policy and the public interest, including the opinion of the CNCE, as well as the reports provided by the National Commission for the Defense of Competition and by the Undersecretary of Consumer Defense and Commercial Loyalty, where applicable.

It is also established that the areas mentioned above must submit such reports, issuing a non-binding opinion, within a period of up to one hundred and twenty (120) days from the publication in the Official Gazette of the resolution opening the investigation. Once the aforementioned period has expired without receiving any response, the CNCE will base its recommendation on the information contained in the proceedings.

Deadline for completion of the investigationInvestigations for dumping and subsidies will be concluded within eight (8) months following the publication of the opening resolution in the Official Gazette. 

Exceptional period In exceptional circumstances, the time limits set out in Article 5.10 of the Dumping Agreement and Article 11.11 of the Subsidies Agreement may be applied, subject to prior authorization by the Secretariat.

Final resolution requirements: Final decisions must contain all relevant information on the issues of fact and law and the reasons that led to the imposition of definitive measures and/or the acceptance of price undertakings. 

Notification: The CNCE will notify the accredited parties of the adoption or not of definitive measures.

Competence and function of the General Directorate of Customs:The General Directorate of Customs has the authority to collect antidumping and compensatory duties established as a result of antidumping or subsidy investigations, in accordance with the provisions contained in this decree.

Likewise, the General Directorate of Customs must provide, at the request of the CNCE, information on the volumes and values ​​of imports subject to antidumping and countervailing duties, broken down by origin and amounts of duties collected.

Anti-dumping or countervailing duty:The anti-dumping or countervailing duty, whether provisional or definitive, may be in the form of ad valorem duties, specific duties, minimum FOB export values, or a combination thereof. The amount of the anti-dumping or countervailing duty shall be fixed prospectively and shall not exceed the margin of dumping or the amount of subsidy, as the case may be, determined as a result of an investigation.

Term of anti-dumping or countervailing duty:It cannot last more than three (3) years counted from the date of its imposition.

Review of anti-dumping or countervailing duties 

The request for review due to expiration of the term of validity of the definitive antidumping or countervailing duty may only be submitted once.

Term: The review due to changed circumstances or due to expiration of the term of validity of the measure will normally be concluded within eight (8) months following the publication of the decision to open the review in the Official Gazette. In exceptional circumstances, the time limits established in Article 5.10 of the Dumping Agreement and in Article 11.11 of the Subsidies Agreement may be applied, subject to prior authorization from the Secretariat. As a result of the review, the antidumping or countervailing duty may not last more than two (2) years.

Process:To request the review of a right in force due to a change in circumstances and/or due to the expiration of its validity period, the interested party may contact the CNCE in order to enable the optional advisory instance and to find out the requirements necessary to submit said request, which is established in article 3 of Decree 33/2025.

Likewise, the applicant must consider the time periods stipulated in articles 51 and 54 of this decree for such a task. Remembering that article 51 establishes that it may be initiated at the request of an interested party, provided that one (1) year has passed since the publication in the Official Gazette of the respective measure and article 54 that, 

The request for examination of an antidumping or compensatory duty due to expiration of its period of validity must be submitted at least three (3) months prior to the end of the period for which the antidumping or compensatory duty was imposed and is intended to be examined by or on behalf of the national production branch.

In the absence of the optional advisory body:In the event that the interested party does not make use of the provisions of the optional advisory instance, he/she must present positive information proving the need for the examination together with the corresponding documentation, in accordance with the provisions of the complementary rule, so that the CNCE can evaluate the suitability of the examination within a maximum period of ten (10) days. For such purposes, the applicant must consider the deadlines stipulated in articles 51 and 54 of this document, referred to above.

If the CNCE makes observations on the application, or requests the correction of any error or non-compliance, it will notify the applicant of such circumstance, granting a period of ten (10) days for the correction and/or presentation of the required information and documentation.

In the event of errors or omissions, or in the event of silence on the part of the applicant, the CNCE will send a new request granting a period of ten (10) days. The period for responding to the observations may be extended, once only and for the same period.

Expiration of deadlines:Once the deadline for the second request has expired, if errors or omissions persist or if the applicant remains silent, the CNCE will proceed to file the procedure. In this case, the National Commission will notify the applicant of this fact. The decision of the CNCE is not subject to appeal.

Clarification regarding the file:  The filing of the procedure, in accordance with the terms of the preceding paragraph, shall not prevent the interested party from exercising its claims again in a new file.

Resolution: Within thirty (30) days of the application being submitted without errors or omissions or from the correction of the same, or from the time it was initiated ex officio, the CNCE must issue its report prior to the Opening of the Examination and will submit its conclusions to the Secretariat of Industry and Commerce, which must decide on the appropriateness of the opening of the examination.

Requirements for the opening resolution of the examination: It must contain the product under review and the resolution by which the duties being reviewed were applied; the origin(s) of the product under review; whether the duty remains in force while the review is being carried out; the data collection period; the basis of the allegation on which the Opening was based; the corresponding communications to the General Directorate of Customs. Likewise, such resolution to open the review issued by the Ministry of Economy must be published in the Official Gazette.

NotificationThe CNCE will notify the diplomatic representation of the exporting country(ies) involved, the applicant, the other parties whose interest is known based on the background information in the proceedings, and the Undersecretariat for Consumer Protection and Commercial Loyalty, so that it can notify consumer associations, of the resolution to open the examination. It must disseminate the resolution to open the examination through its official website https://www.argentina.gob.ar/cnce and through the official website of the Argentine Single Window for Foreign Trade.

Right to present yourself: Any natural or legal person interested in participating in the investigation may submit in writing any evidence they consider relevant by submitting questionnaires that will be available on the official CNCE website, https://www.argentina.gob.ar/cnce.

Term: For this purpose, a period of thirty (30) days will be available, starting from the publication of the resolution to open the examination in the Official Gazette, to send to the CNCE the respective response, the supporting documentation and other evidence that it intends to use, within the framework of the provisions of the complementary rule.

Extension: At the request of a party, the CNCE may grant a ten (10) day extension for the submission of questionnaires and other evidence that it intends to use. In no case will extensions be granted beyond the expiration of the deadline for offering evidence.

Review: Once the questionnaires have been received, the CNCE will proceed to review them, and in the event of making observations or requesting the correction of any error or noncompliance, it will notify the party of such circumstance, granting it a maximum period of ten (10) days. Once the Opening of the Investigation has been published, all interested parties will have a full opportunity to defend their interests. No party will be obliged to attend a meeting, and their absence will not be detrimental to their cause. Interested parties will have the right to present all information they consider relevant to the purposes of the investigation, within the procedural stages provided for herein.

Test and deadlines Interested parties will have a maximum of sixty (60) days, counted from the publication of the resolution to open the examination in the Official Gazette, to offer evidence and attach documentation. In the offer of evidence, they must express the points they intend to prove with each of the means attached in this instance. The CNCE, within a maximum period of five (5) days, will order the production of evidence regarding the facts invoked and that are conducive to the final recommendation, granting a maximum period of thirty (30) days for its production. The decision made by the CNCE is not appealable.

On-site investigations. The CNCE may carry out on-site investigations in the country, abroad or perform any other type of verification. If applicable, it must notify the date set for the on-site investigation to the party to be verified and, if applicable, to the government of the foreign country, with no less than five (5) days' notice. Said party must express its express consent to carry out the investigation within a maximum period of five (5) days.

Essential facts report of the examination and argument:Once the probationary period has concluded and, where appropriate, the on-site investigations have been carried out, the CNCE will issue the corresponding report that will serve as the basis for its final recommendation. The accredited parties must be notified of the aforementioned report and may present their arguments within ten (10) administrative business days counted from the day following notification of the incorporation of the report. Presentations made after the established deadline will not be taken into account.

Final determination: Once the deadline for submitting the arguments has expired and within a maximum period of thirty (30) days, the CNCE will issue a final determination on the recurrence of dumping and repetition or continuation of the damage. Such recommendation must be submitted to the Ministry of Industry and Commerce of the Ministry of Industry and Commerce. The final recommendation of the CNCE must include a section with considerations on the circumstances of the general foreign trade policy and the public interest, including the opinion of the CNCE, as well as the reports provided by the National Commission for the Defense of Competition and by the Undersecretary for the Defense of the Consumer and Commercial Loyalty, if applicable. The mentioned areas must submit such reports, issuing a non-binding opinion, within a period of up to one hundred and twenty (120) days from the publication in the Official Gazette of the resolution to open the examination. Once the aforementioned deadline has expired without receiving any response, the CNCE will base its recommendation on the information contained in the proceedings.

Examination due to change of circumstances 

Demo reelAny resolution imposing an antidumping or countervailing duty may be reviewed ex officio or at the request of a party. It may be initiated at the request of an interested party, provided that one (1) year has passed since the publication of the respective measure in the Official Gazette.

Study:The assessment will consider whether it is necessary to maintain the duty to offset dumping, whether injury would be likely to continue and/or recur if the duty were removed or modified.

Resolution:  In the event that, as a result of an examination carried out in accordance with the provisions of the standard for its study, it is determined that the antidumping duty is no longer justified, it must be immediately repealed.

Process:In examinations due to changed circumstances, the CNCE will issue its final decision regarding the need to modify or not the right under examination. It may also propose any definitive measures that may be relevant, indicating the methodology used to calculate them.

Examination due to expiration of the term of validity of the right 

Any anti-dumping or countervailing duty may be reviewed only once upon expiry of its term and shall cover both dumping or subsidisation and injury, with the obligation to determine whether the expiration of the duty would lead to a continuation or recurrence of dumping or subsidisation and injury.

Deadline for submission:The request for examination of an antidumping or compensatory duty due to expiration of its period of validity must be submitted at least three (3) months prior to the end of the period for which the antidumping or compensatory duty was imposed and is intended to be examined by or on behalf of the national production branch.

Faculty of the Ministry of Economy: 

The Ministry may initiate an ex officio review due to expiration of the term of validity of the antidumping or countervailing duty.

Requirements:The request to initiate an examination shall be submitted following the guidelines, requirements and formalities established for this purpose by the Secretariat of Industry and must include evidence to show that the removal of the right would lead to the continuation or repetition of the damage and dumping or subsidy.

CNCE Report:The CNCE will issue its report on the opening of the examination and determine whether there is sufficient evidence regarding the presumption of recurrence of dumping or subsidy and injury to the national production industry.

Likewise, when deciding to initiate an examination of an antidumping or compensatory duty due to expiration of its period of validity, it may recommend the appropriateness of carrying out a joint examination due to a change in circumstances and may continue to apply or not the duty while awaiting the result of the examination.

Clarifications on price commitmentIn the event that, at the opening of an examination of an antidumping or countervailing duty, the Enforcement Authority decides to continue applying the duty during the course of the examination, the price undertaking that was part of the measure under examination will remain in force pending the outcome of the examination.

Furthermore, within the framework of the detailed examination, the exporter must communicate its willingness to have a new price commitment evaluated before the CNCE in accordance with the provisions of Chapter 5, which deals with price commitments.

New Exporter Examination 

Individual exam: When a product is subject to an anti-dumping duty, a producer or exporter that has not exported to Argentina during the investigation period that concluded with the application, modification or extension of an anti-dumping duty in force may request an examination of the anti-dumping duty in force for the purposes of determining its individual dumping margin.

Presentation and Requirements: The Application Authority shall establish the necessary forms, the procedure and the requirements of this examination. The interested party must submit the application together with the corresponding documentation, in accordance with the provisions of the complementary rule, so that the CNCE can evaluate the admissibility of the examination, within a maximum period of ten (10) days. If there are observations or a need to correct any error or noncompliance, the CNCE will notify the applicant of such circumstance, granting a period of ten (10) days for the correction and/or presentation of the required information and documentation. In the event of omissions or lack of compliance, the CNCE will send a new request granting a period of ten (10) days. The period to respond to the observations may be extended, for one time only and for the same period.

File and effects: Once the deadline for the second request has expired, if errors or omissions persist or if the applicant remains silent, the CNCE will proceed to file the procedure. In this case, the National Commission will notify the applicant of this fact. The decision of the CNCE is not subject to appeal. The filing of the procedure, in the terms indicated above, will not prevent the interested party from exercising its claims again in a new file.

final recommendation: Once the examination has been completed, the CNCE will issue its final recommendation for a new exporter within a maximum period of one hundred and twenty (120) days and will submit its conclusions to the Secretariat of Industry and Commerce. The Ministry of Economy, after receiving a report from the aforementioned Secretariat, will resolve the matter.

Elusion

Definición: Article 64 of Decree 33/2025 establishes that a measure in force is being circumvented when: Parts and/or pieces of the investigated product are exported to Argentina, from the assembly of which a product similar to the one under investigation is derived, or a product similar to the one under investigation is exported to Argentina, which results from the assembly or other operation carried out in a third country, of parts and/or pieces of the investigated product, or any other practice is deployed that tends to circumvent the corrective effects of the applied measure, representing in all cases a change in the characteristics of trade between third countries and Argentina, derived from a practice, process or work for which there is no adequate cause or economic justification other than the imposition of the duty.

Determination: The verification of the existence of evasive practices will be carried out at the request of a party or ex officio, based on the main background information gathered in the investigation or examination whose measure is being evaded.

Optional advisory instance: Prior to the formal submission of the application, the interested party may request the advisory stage under the terms of article 3 of decree 33/2025.

Lack of prior counselling option:In the event that the interested party does not make use of this alternative, he/she must present positive information proving the alleged evasive practice together with the corresponding documentation, in accordance with the provisions of the complementary rule, so that the CNCE can evaluate the admissibility of the request, within a maximum period of ten (10) days.

Process: In the event that the CNCE makes observations on the application, or requests the correction of any error or noncompliance, it will notify the applicant of such circumstance, granting a period of ten (10) days for the correction and/or presentation of the required information and documentation. If these noncompliances continue, a new request will be sent granting a period of ten (10) days. The period to respond to the observations may be extended, for one time only and for the same period.

File and effects: Once the deadline for the second request has expired, if errors or omissions persist or if the applicant remains silent, the CNCE will proceed to file the procedure, notifying the applicant of such decision. The decision of the CNCE is not subject to appeal. The filing of the procedure, in accordance with the terms of the preceding paragraph, will not prevent the interested party from exercising its claims again in a new file.

Opening report of the investigation

The CNCE, within thirty (30) days of the application being submitted without errors or omissions or from the correction of the same, must issue its report prior to the opening of the investigation of the alleged evasive practice and will submit its conclusions to the Secretariat of Industry and Commerce, which must decide on the appropriateness of the opening.

Opening of investigation for alleged tax evasion: 

Once the resolution to open the investigation into the alleged evasive practice has been published in the Official Gazette, the CNCE will notify the diplomatic representation of the exporting country(ies) involved, the applicant, and any other parties whose interest is known based on the background information in the proceedings. It will also disseminate the resolution to open the investigation into the alleged evasive practice through its official website https://www.argentina.gob.ar/cnce and through the official website of the Argentine Foreign Trade Single Window.

Right to present yourself: Any natural or legal person interested in participating in the investigation may submit in writing all the evidence they consider relevant by submitting questionnaires that will be available on the official CNCE website, https://www.argentina.gob.ar/cnce. For this purpose, there will be a period of thirty (30) days, starting from the publication of the resolution opening the investigation of the alleged evasive practice in the Official Gazette, to send to the CNCE the respective response, the supporting documentation and other evidence that they intend to use, within the framework of the provisions of the complementary rule.

Extension: 

The CNCE may, at the request of a party, grant an extension of ten (10) days for the submission of questionnaires and other evidence that it intends to use.

Once the questionnaires have been received, the CNCE will proceed to review them, and in the event of making observations, or requesting the correction of any error or non-compliance, it will notify such circumstance to the party, granting a maximum period of ten (10) days.

Report of essential facts and allegations: Based on the evidence in the proceedings, the CNCE will issue the report of essential facts, which will serve as the basis for its final recommendation. The accredited parties will be notified of the same, and may present their arguments within ten (10) administrative business days, counted from the day following notification of the incorporation of the report. Presentations made after the established deadline will not be taken into account.

final recommendation: Within one hundred and twenty (120) days from the publication in the Official Gazette of the resolution opening the investigation of the alleged evasive practice, the CNCE will issue its final recommendation for the evasive practice and will submit it to the Secretary of Industry and Commerce and the Ministry of Economy, after a report from the aforementioned Secretary, will resolve the matter.

Suspension of a measure  The Ministry of Economy may exceptionally and temporarily suspend the application of a definitive anti-dumping or countervailing duty or a safeguard measure in force or a price undertaking for reasons related to the general foreign trade policy and the public interest. Such suspension shall not affect the duration of the measure.

Sanctions  Article 73 of Decree 33/2025 establishes that all documentation, data or other information provided by users will have the character of a Sworn Declaration. It also provides that in the event of inaccuracy, falsity or omission, of an essential nature, of any data or information that is incorporated therein or the non-presentation that is required, where appropriate, to prove compliance with the statement, may give rise to the provisions of article 110 of the Administrative Procedures Regulations, Decree No. 1759/72 - TO 2017. Recalling that such rule specifies: "The inaccuracy, falsity or omission, of an essential nature, of any data or information that is incorporated into a Sworn Declaration or the non-submission to the Administration of the documentation that is required, where appropriate, to prove compliance with the statement, may generate a sanction, without prejudice to any criminal, civil or administrative liabilities that may apply. Likewise, the resolution of the Public Administration that declares such circumstances may determine the obligation of the interested party to restore the legal situation to the time prior to the recognition or exercise of the right or the start of the corresponding activity, all in accordance with the terms established in the applicable regulations." (cfr. art. 110 of Decree 1759/72).

TITLE III

This title sets out the following: safeguard measures, which may only be applied after an investigation carried out by the Enforcement Authority in accordance with the provisions of Decree 33/2025.

To this end, the six-chapter standard focuses on determining the procedure for carrying out the review of the need for these actions, highlighting the following points.

Preliminary stage prior to opening the investigation

Presentation of the application:Safeguard investigations will begin with an application submitted to the CNCE by the national production branch, duly accredited by the representation it invokes, which feels affected by the evolution of imports, accompanied by the necessary evidence to determine whether they are causing or threaten to cause serious damage. 

This requirement will not apply when the investigation is carried out ex officio by the Ministry of Economy or the Secretariat of Industry and Commerce, provided that they have sufficient evidence to justify it. It should be noted that despite this power, the CNCE will be asked to issue its recommendation within the framework of its competence.

Optional advisory instance: National producers and chambers or associations that feel affected by a significant increase in imports may request the CNCE to enable the optional advisory service and learn about the requirements necessary to submit the application.

Failure to use the optional advisory session: In the event that the interested party does not make use of the optional advisory instance provided for in art. 3 of decree 33/2025, he/she must present positive evidentiary information, together with the corresponding documentation, in accordance with the provisions of the complementary rule, so that the CNCE can evaluate its suitability, within a maximum period of ten (10) days. In the event of observations to the request, or the correction of any error or non-compliance is required, the CNCE will notify the applicant of this circumstance, granting a period of ten (10) days for the correction and/or presentation of the required information and documentation. In the event that errors or omissions persist, or in the event of silence by the applicant, the CNCE will send a new request granting a period of ten (10) days. The period to respond to the observations may be extended, for one time only and for the same period.

File and effects:Once the deadline for the second request has expired, if errors or omissions persist or if the applicant remains silent, the CNCE will proceed to file the procedure, notifying such measure. The decision of the CNCE is not subject to appeal. The filing of the procedure, in accordance with the terms of the preceding paragraph, will not prevent the interested party from exercising its claims again in a new file.

Opening of the investigation 

If the application does not contain errors or omissions, or if they have been corrected within the period granted for this purpose, the CNCE must issue its recommendation on the opening of the investigation and submit it to the Secretariat, within a maximum period of sixty (60) days.

Requirements for the recommendation to open an investigation: The CNCE shall analyze the application and issue a decision on the existence of a similar national product or one that is directly competitive with the national production branch; whether imports of that product into its territory have increased in such quantity, in absolute terms or in relation to national production, as a consequence of unforeseen developments in circumstances; and whether they are carried out under such conditions that they cause or threaten to cause serious damage to the national production branch, in order to justify the initiation of a safeguard investigation. Likewise, said report shall contain an analysis of trade between Argentina and the country or countries exporting the product in question.

Inclusion of provisional measures with the opening of the investigation:  If the petitioner demonstrates, through the evidence included in the application, that there are critical circumstances in which any type of delay would cause damage that would be difficult to repair and would make it necessary to adopt an immediate measure, the CNCE will include in its recommendation to open an investigation an analysis of all the relevant factors of an objective and quantifiable nature that allow the evaluation of the relevance of the application of the measure, and may recommend to the Secretariat of Industry and Commerce that an investigation be opened together with the adoption of a provisional safeguard measure. In such case, the Secretariat will forward its conclusions to the Ministry for a decision. 

Outline of the provisional safeguard measure and duration: The measures must take the form of an increase in import duties in relation to their existing level when this is intended to prevent or repair serious damage, and their duration may not exceed two hundred (200) days. Likewise, the rule establishes that prior to the adoption of a provisional safeguard measure, the CNCE will notify the Safeguards Committee.

Requirements for the resolution to open a safeguard investigation: It must contain at least the following elements: the identity of the petitioner(s), if applicable; the imported good that is the subject of the investigation and its tariff classification; the determination of the increase in imports, in absolute terms or in relation to national production; the description of the unforeseen circumstances; a summary of the factors on which the allegation of serious injury or threat of serious injury to the national production branch is based; the causal relationship between the increase in imports and serious injury or threat of serious injury; the determination of the critical circumstances that led to the application of provisional measures, if applicable; a detail of the provisional measure to be adopted and its duration. It must be published in the Official Gazette.

Start of the investigation

The CNCE will notify the resolution to open the investigation to the Safeguards Committee in accordance with the provisions of Article 12 of the Agreement on Safeguards, to the representative of the Government(s) of the exporting country(ies) involved, to the applicant(s), to the Undersecretariat for Consumer Protection and Fair Trade, and to the other parties whose interest is known based on the background information in the proceedings. Likewise, it must disseminate the resolution to open the investigation through its official website. https://www.argentina.gob.ar/cnce and through the official V websiteArgentine Single Foreign Trade Registry.

Right to appear:Any natural or legal person interested in participating in the investigation may submit in writing any evidence that they consider relevant by submitting questionnaires that will be available on the CNCE's official website, https://www.argentina.gob.ar/cnce. For this purpose, there will be a period of thirty (30) days, starting from the publication of the Resolution to Open the Investigation in the Official Gazette, to send to the CNCE the respective response, the supporting documentation and other evidence that they intend to use, within the framework of the provisions of the complementary regulation.

Extension: At the request of the party, the CNCE may grant a extension for the submission of questionnaires and other evidence that may be used.

“In situ” investigations: The CNCE may carry out on-site investigations in accredited companies, whether located in the country or abroad, or perform any other type of verification. The date set for the on-site investigation must be notified to the party to be verified and, if applicable, to the government of the foreign country, with no less than five (5) days' notice. Said party must express its express consent to carry out the investigation within a maximum period of five (5) days.

Key findings and arguments: The CNCE must issue a report of the fundamental findings, within a maximum period of ninety (90) days from the publication in the Official Gazette of the opening of the investigation, which will serve as a basis for its final recommendation, which must be notified to the accredited parties in the process, who may present their arguments within a period not to exceed ten (10) administrative business days. Submissions made after this date will not be taken into account.

Final recommendation

Once the deadline for receiving the arguments has expired, the investigation of the procedure will be concluded and the CNCE will issue its final recommendation.

Deadline for closing the investigation: Investigations must be completed within a maximum period of nine (9 months from the publication in the Official Gazette of the opening of the investigation. In exceptional circumstances, this period may be extended for up to two (2) additional months. In the event that provisional measures are applied, the maximum duration of the investigation will be two hundred (200) days.

Investigation closed due to lack of safeguard measures:If during the course of the investigation, the CNCE concludes that safeguard measures justifying the continuation of the procedure are not necessary, it will immediately bring this circumstance to the attention of the Secretariat of Industry and Commerce so that it may order the closure of the investigation.

Final determination

The CNCE will make a final determination as to whether, as a result of unforeseen circumstances, imports have increased in such quantities, in absolute terms or in relation to national production, and are carried out under such conditions that they cause or threaten to cause serious injury to the national production branch of similar or directly competitive products and, if appropriate, will propose the liberalization program and submit it to the Secretariat.

Likewise, where appropriate, it will recommend the application of definitive measures taking into consideration the circumstances of general foreign trade policy, the interests of consumers and the general public interest and, if it considers it pertinent, it will include the intervention of the competent bodies during the investigation.

Consultations

These may be carried out within the framework of the provisions of Article 12 of the Safeguards Agreement.

Final measures

Safeguard measures shall be applied only to the extent necessary to prevent or remedy serious injury and facilitate adjustment. It shall be the authority's power to choose the most appropriate measures to achieve these objectives, in accordance with the provisions of Article 5.1 of the Agreement on Safeguards. It shall be the authority's power to distribute a quota among supplier countries in accordance with the provisions of Article 5.2 of the Agreement on Safeguards, taking into account mainly: the interest in maintaining, to the extent possible, traditional trade flows; the volume of the product in question exported to the ARGENTINE REPUBLIC under contracts that have been concluded under normal conditions prior to the entry into force of a safeguard measure adopted pursuant to this document, if such contracts have been previously notified to the Secretariat.

Notification: 

Publication in the Official Gazette shall be a sufficient means of publishing the measure adopted. Without prejudice to this, all parties who are accredited in the investigation shall be notified of the resolution of definitive positive or negative measures.

In the event that the Ministry of Economy decides to apply definitive measures, the Safeguard Committee will be notified within ten (10) days of the resolution being published in the Official Gazette.

Scope of the final measures:

They will apply to the investigated product that has been dispatched to the national territory after said measures come into force.

Duration of definitive measures:

The duration of a definitive safeguard measure shall be limited to the period necessary to prevent or remedy the injury or threat thereof and to facilitate the adjustment of the affected domestic industry. This period may not exceed two (2) years, including the period of application of any provisional measure.

Release programs

Any definitive measure whose expected validity is greater than one (1) year must include a scheme that provides for its progressive liberalization, at regular intervals during the period of application. In exceptional cases, the scheme may be modified in accordance with the progress of the adjustment plan and/or the competitive situation of the branch with respect to the international market.

It is established that the CNCE will give States with a substantial interest the opportunity to hold consultations in order to review the imposed measures. The purpose of these consultations will be to: Analyze the effects of said measures; examine whether it is appropriate to maintain the pace of liberalization; verify whether it is still necessary to maintain the measure or whether it is appropriate to revoke it. This procedure will be carried out in accordance with the provisions of the resolution.

Extension of the measures is definitive

The initial period of application of a safeguard measure may be extended, ex officio or at the request of a party, if it is concluded that the measure continues to be necessary to prevent or remedy the injury or threat of injury and that there is evidence that the affected domestic industry is in the process of adjustment and that such an extension would facilitate its completion.

Procedure for extensions of definitive measures: 

They will be adopted following the procedure provided for the imposition of initial measures.

Term:

The request for extension of a safeguard measure may be submitted by the national production branch, at least one (1) year prior to the end of the period for which the safeguard measure whose elimination is intended to be avoided was imposed.

Duration of application of measures

The total period of application of a safeguard measure, including the period of application of a provisional measure, and its eventual extension, may not exceed four (4) years, except as provided for in Article 9.2 of the Agreement on Safeguards.

Reapplication of a safeguard measure

The application of a safeguard measure to the import of a product may not be requested until after a period equal to half of that during which the measure was previously applied has elapsed, provided that the period of non-application is at least two (2) years, in accordance with the provisions of Article 7.5 of the Agreement on Safeguards.

Without prejudice to the provisions of the preceding paragraph, a new safeguard measure may be reapplied to the import of a product, the duration of which is one hundred and eighty (180) days or less, under the following circumstances: When at least ONE (1) year has elapsed since the date of termination of a definitive safeguard measure relating to the import of that product. When such safeguard measure has not been applied to the same product more than two (2) times in the five (5) year period immediately preceding the date of introduction of the measure.

Circumvention of a safeguard measure

In the event of the presumption of circumvention of a safeguard measure in force, the guidelines, if applicable, established in Chapter 8 of Title II of Decree 33/2025 referring to Circumvention in dumping and subsidy measures will be applicable. 

TITLE IV

Are fixed general disposition, which refer, among other aspects, to the deadlines for certain compliances and how they are to be considered, as well as the confidential nature of certain information provided. Powers of the CNCE, available resources, supplementary rule and repealed decrees.

Authority in charge of issuing complementary regulations

The Authority in charge of issuing the complementary rule will be the Secretary of Industry and Commerce of the Ministry of Economy.

Deadlines

The deadlines of decree 33/2024 will be computed in consecutive days, unless expressly provided otherwise.

The analysis period for the determination of dumping or subsidies will normally be the corresponding to the twelve (12) months prior to the request for investigation and in no case less than six (6) months. 

The analysis period for determining the hurt It will normally be three (3) years complete and, where applicable, may include available months from the current year to the year of the request for investigation or examination. 

In the case of an investigation by safeguard will be five (5) years.

Confidential documentation

Pursuant to Article 6.5 of the Dumping Agreement, any information which is by its nature confidential or which is provided on a confidential basis by the parties to an anti-dumping investigation shall, upon sufficient justification, be treated as such by the authorities. Such information shall not be disclosed without the express authorization of the party which provided it.

Pursuant to Article 6.5.1 of the Dumping Agreement, the NATIONAL FOREIGN TRADE COMMISSION shall require interested parties providing confidential information to provide non-confidential summaries of such information. Such summaries shall be sufficiently detailed to permit a reasonable understanding of the substance of the information provided on a confidential basis. In exceptional circumstances, such parties may indicate that such information cannot be summarized. In such exceptional circumstances, they shall state the reasons why it is not possible to summarize such information.

In accordance with the provisions of Article 6.5.2 of the Dumping Agreement, if the CNCE concludes that a request for information to be considered confidential is not justified, and if the person who provided it does not wish to make it public or authorize its disclosure in general summary terms, that information may not be taken into account, unless it is convincingly demonstrated, from an appropriate source, that the information is correct.

Reserved procedure

The procedure shall be considered reserved for interested parties who have not yet been accredited. The applicant or his representative may view the file throughout its processing, with the exception of those actions or reports that are confidential. The other interested parties may only view the file after the investigation or examination has been opened, with the exception of confidential actions or reports.

Powers and functions of the CNCE

The CNCE is empowered to request information from the national production branch regarding a longer or shorter period of time.

In cases where an interested party denies, restricts or limits access to the necessary information or does not provide it within a reasonable period of time, the CNCE may base its determinations on the facts available, in accordance with the provisions of Articles 6.8 of the Antidumping Agreement and 12.7 of the Subsidies Agreement.

The CNCE will take into consideration the particularities presented by small and medium-sized enterprises.

In the event that the CNCE needs information from other public bodies, it may request it directly, leaving a note in the proceedings. For such purposes, the departments of the Public Administration, whatever their hierarchical situation, must provide their collaboration, taking into account in particular the deadlines set by this decree.

The CNCE will notify the applicant(s) of the act that resolves the inadmissibility of the opening of an investigation for dumping, subsidy or safeguard, an examination due to a change in circumstances, expiration of the term of validity of the measure or new exporter, or an investigation for circumvention.

Retroactive application

Anti-dumping duties may be applied retroactively for the period in which provisional measures have been applied only in cases of a final affirmative determination of injury to the domestic industry under Articles 10 of the Anti-Dumping Agreement and 20 of the Subsidies Agreement.

Resources

Decisions imposing or denying the application of antidumping or countervailing duties, provisional or definitive safeguard measures, and those suspending, denying, revoking or terminating investigations may be appealed. The remaining interlocutory and procedural decisions issued during the investigation are not appealable.

Interested parties may challenge any appealable decision through judicial means once the administrative procedure has been exhausted, within the framework of the provisions of the National Law on Administrative Procedures and the Regulations on Administrative Procedures. Decree 1759/72 – TO 2017 and its amendments.

Publication

Once the investigation or examination carried out in accordance with the provisions of this decree has been completed, the CNCE must publish its final reports, safeguarding confidential information.

Withdrawal

The petitioner may withdraw the investigation at any time, justifying the reasons for such request. If the request is accepted and the condition under Article 5.4 of the Dumping Agreement is not met, the Secretariat will publish a resolution ordering the closure of the investigation and the archiving of the proceedings.

In such case, the petitioner may only make a new request to open an investigation on the same product(s) and origin(s), once the period of SIX (6) months has elapsed from the resolution declaring the closure of the investigation.

Requirement of all documentation

All documentation submitted under this decree must be in Spanish or, where appropriate, have the corresponding translation carried out by a certified public translator. In the same sense, it must have the relevant official certifications, in accordance with the provisions of article 28 of the Administrative Procedures Regulations. Decree 1759/72 – TO 2017 and its amendments.

Supplementary rules

The procedure for the application of antidumping and countervailing duties and safeguard measures, provided for in this decree, shall be governed by the National Law on Administrative Procedures No. 19.549 and its amendments and the Regulations on Administrative Procedures. Decree 1759/72 – TO 2017 and its amendments.

Repeal

Decrees 1059/96, 1219/06 and 1393/08 are repealed.

TITLE V

They are established complementary frameworks. Ordering the replacement and repeal of articles of Decree 766/94, already initially referred to when indicating the modified and repealed regulations. Likewise, the Financial Administrative Service 323 - National Commission for Foreign Trade, Juridiction 50 - Ministry of Economy is hereby abolished. 

On the other hand, issues related to programmatic categories, credits and/or resources, positions, physical measurements, budget items, systems and other elements of the current budgetary structure of the CNCE and guidelines for administrative restructuring are established.

Regarding the application and validity of the provisions of this decree, it is specified:

• 1.- They will be applicable to applications, investigations and/or examinations submitted after the entry into force of this decree. 
• 2.- Applications that are in the advisory stage will be considered redirected to the provisions of this document. 
• 3.- Applications, investigations and/or examinations that are initiated at the time of entry into force of this decree will continue to be processed within the framework of the prerogatives of Decree 1393/08.
• 4.- Articles 131, 132, 133 and 135 of this (Decree 33/2025) will enter into force on the day of their publication in the Official Gazette (16.01.2025/XNUMX/XNUMX).
• 5.- The remaining provisions of this measure will come into effect from the date of entry into force of the complementary regulations issued by the Secretariat of Industry and Commerce.

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