Argentina: Anti-dumping procedure simplified

20 Jan 2025    1 minute read

In brief

As part of its policy of opening and liberalizing foreign trade, the government issued Decree 33/2025 ("Decree"). The Decree seeks to (i) streamline the procedures for the application of anti-dumping measures, (ii) reduce the term of these measures and avoid their indefinite extension, and (iii) eliminate one of the two agencies involved in the analysis of anti-dumping measures and include the National Competition Defense Commission (Comisión Nacional Defensa de la Competencia (CNDC)) in the analysis to consider the consumers' interest at the time of the application of the duties.

Contents

In depth

The key points of the Decree are detailed below:

  1. From now on, the National Foreign Trade Commission will be the only body in charge of investigating and analyzing both the existence of dumping, subsidy or safeguard and the injury and causality relationship. This will streamline the procedures, avoiding the processing of parallel files before different areas of the administration.
  2. The maximum duration of an investigation is reduced to eight months (previously it was 12) for the same objective.
  3. The maximum term of anti-dumping or countervailing duties is reduced to three years, with the possibility of a single extension for two more years (total term of anti-dumping and countervailing duties: five years). Previously, the initial term was five years, with the possibility of unlimited extensions for the same period (resulting in anti-dumping or countervailing duties in force for more than 20 years).
  4. To balance the procedure (which was very biased in favor of the local industry), the Decree provides for the participation of both the Undersecretariat for Consumer Protection and Fair Trade and the CNDC in several instances. The objective is to consider, at the time of the investigation, the interests of consumers and the effects that the imposition of anti-dumping and countervailing duties could have on the market and competition.
  5. The Secretariat of Industry and Commerce must issue complementary regulations to the Decree. Until these are issued, the Decree will not enter into force.
  6. The rules of the Decree will apply to applications, investigations and examinations filed after the entry into force of the Decree. Proceedings currently in process will continue under the current regulations.

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Contact Information
Esteban Pablo Rópolo
Partner
Buenos Aires
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esteban.ropolo@bakermckenzie.com
Victoria Acevedo Freixas
Associate
Buenos Aires
victoria.acevedo@bakermckenzie.com

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