Article 9-08. Content of Resolutions
Resolutions of the initiation of investigation, preliminary and final shall contain at least the following:
a) Identification of the investigating authority, as well as the date and place of issue resolution;
b) The name or the name and address of the applicant, as well as other domestic producers of identical or similar goods;
c) The indication of the imported goods subject to the proceeding and its tariff classification;
d) The elements and evidence used for the determination of the existence of dumping margin or the amount of allowance; the damage or serious injury and causal relationship;
e) The findings of fact and law that led to the competent authority to initiate an investigation or to impose a quota compensatory; and
f) The legal arguments, data, establish facts or circumstances and for the resolution concerned.
Article 9-09. Notifications and Deadlines
1. Each Party shall notify the relevant resolutions and directly to its importers and exporters of the other party who are known to the competent authority, the diplomatic mission of the exporting party accredited in the party who carry out the investigation and, where appropriate, the Government of the exporting Party. the parties also undertake to undertake actions to identify and locate stakeholders in the procedure to ensure equal parts and due process.
2. Once the importing Party is satisfied that there is sufficient evidence to justify the initiation of the investigation, it shall notify the exporting Party, before issuing the resolution of the initiation of investigation.
3. The notice of the initiation of the investigation shall be made within five working days following its publication.
4. The notice of the initiation of the investigation shall contain at least the following information:
a) The time and place for the submission of pleadings, tests and other documents; and
b) The name, address and telephone number of the office where it can obtain
Information, consultation and inspect the case file.
5. The notification shall be sent to the exporter a copy of:
a) The respective publication referred to in paragraph 3;
b) The notice of denunciation and the public version of its annexes; and
c) The questionnaires.
6. The importing Party shall grant to all concerned, becomes aware that a period of not less than 30 business days from the day following the publication of the initiation of the investigation, so that their right to express appear appropriate. within 30 days upon the request of the Party concerned, justified in writing, may be extended by up to a maximum period.
Article 9-10. Deadlines for Provisional Measures
Neither party shall impose a quota provisional countervailing but after 60 working days of the date of publication of the initiation of the investigation.
Article 9-11. Adoption and Publication of the Preliminary Ruling
1. Within thirty days of the issuance of the initiation of the investigation, the competent authority shall give a preliminary ruling. this decision shall, whether or not to continue the investigation and, where appropriate, impose or not provisional measures. the resolution shall be reasoned based on evidence contained in the administrative record and published in accordance with article 9-07.
2. Provisional contributions countervailing shall take the form of a guarantee, in accordance with the legislation of each party. the amount of the guarantee shall be equal to the amount of the provisional countervailing assessment.
Article 9-12. Content of the Preliminary Ruling
The advance ruling shall contain, in addition to the corresponding data specified in Article 9-08 as follows:
a) The normal value and the export price, the margin of dumping or, where appropriate, the amount of the grant and its impact on the export price obtained by the investigating authority and a description of the methodology to be followed for determining;
b) A description of:
i) Harm; or
ii) Serious injury,
On the analysis and explanation of each of the factors to be taken into account;
c) A description of the determination of a causal relationship; and
d) Where the amount of the provisional assessment countervailing which must be ensured.
Article 9-13. Conciliation Hearings
In the course of the investigation any interested party may request the investigating authority the conciliation hearings in order to reach a satisfactory solution.
Article 9-14. Briefings
1. The investigating authority of the importing Party upon written request of the parties concerned, conducted briefings in order to make the pertinent information on the content of preliminary and final decisions.
2. The request referred to in paragraph 1 shall be submitted within five working days following the date of the publication of the ruling. in both cases, the investigating authority shall carry out the meeting within 15 working days of the submission of the request.
3. The meeting shall take place at the seat of the investigating authority of the importing Party.
4. The meetings of the information referred to in paragraphs 1 and 2, the parties concerned shall be entitled to review reports or technical reports, the calculation methodology sheets, and, in general, any element in which it has been informed the corresponding resolution.
Article 9-15. Public Hearings
1. The investigating authority shall, upon written request of any of the interested parties and public hearings in which the parties concerned may appear and question their counterparts on the information or evidence that it considers appropriate to the investigating authority. also, the opportunity for interested parties to make submissions after the public hearing but had completed the period of evidence. the submissions shall include in its written observations on information and argument supplied in the course of the investigation. the notice to interested parties for the public hearing shall be carried out at least 15 days before the date of implementation of the same.
2. The public hearing shall be carried out at the headquarters of the investigating authority of the importing Party.
Article 9-16. Obligation to Terminate an Investigation
1. The importing Party shall terminate an investigation:
a) In respect of an interested party, where its competent authority determines that:
i) The margin of dumping or the amount of the subsidy is de minimis or;
ii) There is not sufficient evidence of dumping, injury, grant, serious injury or the causal relationship; or
b) Where its competent authority determines that the volume of dumped imports or grant, or the injury is negligible.
2. For purposes of paragraph 1 shall be:
a) The de minimis margin of dumping is when it is less than 2% expressed as a percentage of the export price;
b) The amount of the subsidy is de minimis when it is less than 1% ad valorem; and
c) The volume of dumped imports or subsidies or damage, are insignificant if represents less than 3 per cent of total imports of identical or similar goods of the importing Party.
Article 9-17. Enforcement of Countervailing Contributions
1. A definitive countervailing quota shall be eliminated when automatically after five years from the day following the issuance of the final determination, any interested party has requested revision or the competent authority has initiated.
2. When a party initiates an official review shall immediately inform the other party.
Article 9-18. Refund or Drawback
If a final resolution identifies a compensatory quota is less than that established provisionally, the competent authority of the importing Party shall notify the relevant authorities to return the overpaid amounts within a maximum period of 60 days from the business day following the issuance of the final determination, in accordance with the legislation of each party.
Article 9-19. Clarifications
A compensatory fee imposed provisional or definitive, interested parties may request in writing to the investigating authority to determine whether a good measure imposed is subject to the clarification or any aspect of the relevant resolution.
Article 9-20. Review
1. Definitive countervailing, contributions may be reviewed annually, at the written request of any of the parties concerned, and at any time, if appointed by the competent authority before a change of circumstances. in accordance with the outcome of the review assessed countervailing, may be ratified, modified or eliminated.
2. In the review procedure definitive countervailing quotas shall apply the substantive provisions and procedures provided for in this chapter.
3. The review procedure may be requested in writing by the parties involved in the procedure which led to the definitive countervailing quota or by any producer or importer or exporter without having participated in such proceedings, stating its interest in writing to the investigating authority.
Article 9-21. Access to Files
The parties concerned shall have access, at the headquarters of the investigating authority, the administrative record of the procedure in question.
Article 9-22. Access to other Cases
The investigating authority of each Party shall allow interested parties during the course of an investigation, public access to the information contained in the administrative investigation dossiers any after 60 working days from the day following the issuance of the final determination.
Article 9-23. Access to Confidential Information
1. The investigating authority of each Party shall, subject to its laws, access to confidential information when reciprocity in the other party with respect to access to that information.
2. The confidential information available only to the legal representatives of interested parties to the investigating authority in the administrative investigation. such information shall be used strictly staff and shall not be transferable for any reason.
3. In the event that the information may be used or disclosed for personal benefit, the legal representative shall be liable to criminal, civil and administrative sanctions that correspond to the terms of the legislation of each party.
Article 9-24. Amendments to National Legislation.
1. Where a Party decides to add, modify or abrogate its legal provisions on unfair practices, it shall notify the other party in writing immediately after its publication.
2. The amendments or additions abrogaciones shall be compatible with international regimes mentioned in article 9-05.
3. The Party that considers that the amendments, additions or abrogations are in violation of the provisions of this Chapter may resort to the dispute settlement mechanism of Chapter XX (Dispute Settlement).
Chapter X. Principles on Trade In Services
Article 10-01. Definitions
For purposes of this chapter:
Trade in services supply the means of a service:
a) The territory of a party into the territory of the other party;
b) In the territory of a party to a consumer of the other party;
c) Through the presence of companies providing services of a Party in the territory of the other party; and
d) By natural persons of a Party in the territory of the other party;
Service provider of a Party means a person of a Party that seeks to provide or provides a service;
A quantitative restriction: non-discriminatory measure which imposes limitations on:
a) The number of service suppliers whether in the form of a quota monopoly or an economic needs test or by any quantitative or other means;
b) The operations of any service provider, either through a quota or an economic needs test; or by any other means; and quantitative
Professional services means services that provision requiring specialized higher education, training or experience or equivalent, and which is granted or restricted by a party but does not include services provided by persons engaged in a profession or providing to the crews of vessels and aircraft.
Article 10-02. Scope of Application
1. This chapter applies to measures that a party adopts or maintains relating to trade in services by service providers of the other party, including those relating to:
a) The production, distribution, sale and delivery of a service;
b) The purchase or use of a service;
c) Access to transport and distribution systems, and its use in connection with the provision of a service;
d) Access to public telecommunications networks and services, and its use;
e) The presence in its territory of a service provider of the other party; and
f) The provision of a bond or other form of financial security as a condition for the provision of a service.
2. The reference to the Governments of the Federal, State or regional non-governmental agencies includes powers to exercise governmental regulations and administrative or other delegated to it by that Government.
3. This chapter does not apply to:
a) Air services including domestic and international air transportation, with or without routing equipment and ancillary activities in support of air services except:
i) Maintenance services and repair of aircraft during the period in which an aircraft is withdrawn from service;
ii) Air and specialty services;
iii) Computer reservation systems;
b) Subsidies or grants provided by a party or a state enterprise, including loans and guarantees government-supported insurance;
c) Government services or functions such as law enforcement, rehabilitation, social security insurance or insurance on income security or public social welfare, education, training and public health care for children; or
d) Financial services.
4. Nothing in this chapter shall be construed as:
a) Impose any obligation on a Party with respect to a national of the other party who wish to enter the labour market or who is permanently employed in its territory, or confer any right on that with respect to that national access or employment; or
b) Impose or confer any right, obligation on a Party with respect to government procurement by a party or a State enterprise.
5. The provisions of this chapter shall apply to measures relating to services listed in annexes, only to the extent and terms stipulated in those annexes.
Article 10-03. Most-favoured-nation Treatment
1. Each Party shall accord to services and service providers of the other party treatment no less favourable than that accorded in similar circumstances to services and service providers of any other country is a party.
2. The provisions of this chapter shall not be construed to prevent a party or grants advantages accorded to adjacent countries in order to facilitate exchanges limited to contiguous frontier zones of services that are locally produced and consumed.
Article 10-04. National Treatment
1. Each Party shall accord to services and service providers of the other party treatment no less favourable than that accorded in like circumstances to its services or service providers.
2. The treatment accorded by a Party under paragraph 1 means with respect to a State or a region, treatment no less favourable than the most favourable treatment accorded by such State or region, in like circumstances, to service providers of the Party to which they belong.
Article 10-05. Non-mandatory Local Presence
No Party shall require a service provider of the other party to establish or maintain a representative office or other company or resident in its territory as a condition to the provision of a service.
Article 10-06. Consolidation of Measures
1. No party will increase the degree of inconsistency of their existing measures with respect to articles 10-03 10-04, and 10-05. any reform of any of these measures does not decrease the level of conformity of the measure as it was in force immediately before the amendment.
2. Not later than one year after the Entry into Force of this Treaty, the Parties included in its list of the annex to this article federal or central measures that do not conform with articles 10-03 10-04, and 10-05.
3. For each State or regional measures inconsistent with articles 10-03 10-04, 10-05, and the deadline for inclusion in the list of the annex to this article shall not exceed two years after the Entry into Force of this Treaty.
4. The parties are not required to register municipal measures.
Article 10-07. Transparency
1. In addition to the provisions of article 18-02, each Party shall promptly publish by31 except in emergency situations and on the date of its Entry into Force, all the laws, regulations and administrative guidelines and other relevant resolutions, decisions or measures of general application which pertain to or affect the operation of this chapter; and have been brought into force by any level of Government or by a non-governmental entity regulations. it shall publish international agreements pertaining to or affecting trade in services to which a Party is a signatory to this Treaty.
2. Where it is not practicable or practically the publication of the information referred to in paragraph 1, it shall be made publicly available.
3. Each Party shall promptly to the other party at least annually; the establishment of new laws, regulations or administrative guidelines which significantly affect trade in services covered by its specific commitments under this chapter or any amendments to the existing.
4. Each Party shall respond promptly to all requests for specific information made by the other Party on any measures referred to in paragraph 1. the other party shall establish one or more centres to facilitate information upon request by the other party for specific information on measures referred to in paragraph 1, as well as on the subject to the notification requirement set out in paragraph 3.
5. To the extent possible, each Party shall provide to the Party and other interested persons a reasonable opportunity to comment on such proposed measures.
Article 10-08. Quantitative Restrictions
1. Periodically, at least once every two years, the Parties shall endeavour to negotiate for liberalizing or eliminate:
a) Existing quantitative restrictions maintained by:
i) A Party at the federal or central, as indicated in the annex to this article; in accordance with paragraph 2; and
ii) A State or region as specified by a party in its schedule to annex to this article, in accordance with paragraph 2; and
b) Quantitative restrictions adopted by a Party after the date of entry in force of this Treaty.
2. Each Party shall have one year from the date of Entry into Force of this Treaty to indicate in its list of the annex to this article quantitative restrictions that maintains a state or region, excluding the municipal governments.
3. Each Party shall notify the other party of any quantitative restriction that it adopts after the date of Entry into Force of this Treaty, except the municipal governments, and shall set out the restriction in its schedule to annex to this article.
Article 10-09. Future Liberalization
1. The Commission shall convene future negotiations through which the parties reached the deepen liberalization in services sectors with a view to achieving the elimination of the remaining restrictions registered in accordance with paragraphs 2 and 3 of Article 10-06.
2. The elimination of barriers to road transport flows between the parties are subject to the provisions of the annex to this article.
Article 10-10. Liberalization of Non-discriminatory Measures
Each Party shall set out in its schedule to annex to this article their commitments to liberalize quantitative restrictions, requirements for licensing and other non-discriminatory measures.
Article 10-11. Procedures
The Commission shall establish procedures for:
a) A Party shall notify the other Party and include in its relevant schedule:
i) Federal or central measures in accordance with paragraph 2 of article 10-06 and its amendments;
ii) The State or regional action in accordance with paragraph 3 of Article 10-06 and its amendments;
iii) Non-discriminatory quantitative restrictions, in accordance with article 10-08;