5. Except as provided in this article, shall govern the deadlines that these procedures shall be established in the domestic legislation of each party.
Content of the application
6. The representative of the domestic industry to submit an application for an investigation, provide information in its request, to the extent that it is publicly available from governmental or other sources, or if that is not available, their best estimates and the basis for them to consist in:
a) Description of goods: the name and description of the imported goods in question, the tariff subheading which is classified and the current tariff treatment and the name and description of the like or directly competing national goods;
b) Representativeness:
i) The names and addresses the request of the submitting entities, as well as the locations of the establishments in which they produce the domestic goods in question;
ii) The percentage of domestic production of the like or directly competing goods that such entities account for and the basis for claiming that they are representative of the domestic industry; and
iii) The names and locations of all other establishments in which the domestic like or directly competing goods;
c) Figures on Importation: import data for each of the 3 full years immediately prior to the initiation of the proceedings relative to the application of a safeguard measure, which constitute the basis for the assertion
Concerned that the good is being imported in such increased quantities, either in absolute terms or relative to domestic production as appropriate;
d) Figures on domestic production: data on total domestic production of the like or directly competing goods, for each of the past three (3) years immediately prior to the initiation of the proceedings relative to the application of a safeguard measure;
e) Data showing injury or threat thereof: quantitative indicators and targets to reflect the nature and extent of injury or threat of injury to the domestic industry at issue, such as the showing changes in the level of sales, productivity, prices, production capacity utilisation, market share, profits or losses, and employment;
f) A cause of injury - an enumeration and description of the alleged causes of injury or threat of serious harm, and a summary of the basis for the claim that the increased imports of such goods, under the domestic industry, is the cause of serious injury or threat of serious harm, supported by relevant information; and
g) Criteria for inclusion - quantitative and objective data indicating the share of imports from the territory of the other party as well as the considerations of the applicant on the extent to which such imports are contributing importantly to the serious injury or threat of serious harm.
7. Once the application is admitted, it shall without delay inform the public inspection, except information confidential.
Consultations
8. As soon as possible, once admitted an application pursuant to paragraph 6 and in any case before the initiation of an investigation, the Party that seeks to initiate shall notify to the other party and invited to hold consultations with a view to clarifying the situation.
9. During the period of the investigation shall be given to the Party whose goods are the subject of an adequate opportunity to continue consultations.
10. During the consultations the parties may seek, among other matters on the investigation procedure, the elimination of the measure, the matters referred to in article 6.02 (5) and, in general, exchanging views on the measure.
11. Without prejudice to the obligation to provide adequate opportunity for consultations, the provisions of paragraphs 8, 9 and 10 are not intended to prevent any party to the proceeding promptly to the initiation of an investigation or to the formulation of preliminary and final determinations, affirmative or negative, or from applying measures in accordance with the provisions of this Treaty.
12. The Party conducting an investigation shall, if so requested, access to the Party whose goods are the subject of the communication to the public, including the dossier Summary
Confidential non-confidential information used for the initiation or during the course of the investigation.
Notification requirements
13. To initiate a procedure for the application of safeguard measures, the investigating authority shall publish the initiation of the same in accordance with the domestic legislation of each party in the Official Journal or other national newspaper, within a period of thirty (30) days of the request. Such publication shall notify the other party without delay and in writing. The notification shall contain the following information: the name of the applicant; the indication of the imported goods subject to the proceeding and its tariff fraction; the nature and timing of delivery; resolution where the application and other documents submitted during the proceeding may be inspected; and the name, address and telephone number of the office where additional information is available. The time limits for the submission of evidence, reports, statements and other documents shall be established in accordance with the legislation of each party.
14. With respect to a proceeding for the application of safeguard measures, initiated on the basis of a petition filed by an entity claiming to be representative of the domestic industry, the investigating authority shall not publish the notice required in paragraph 13 without carefully evaluating the application if complies with the requirements established in paragraph 6.
Public hearing
15. Over the course of each procedure, the investigating authority:
a) Without prejudice to the legislation of the Party after providing reasonable notice, notify the interested parties the date and place of the public hearing fifteen (15) days prior to bring itself or through representatives, importers, exporters, consumer associations and other interested parties to submit evidence and arguments and to be heard on the serious injury or threat of serious harm and the appropriate remedy; and
b) Provide an opportunity to all interested parties, for appearing at the hearing and question interested parties to submit arguments in the same.
Confidential information
16. For the purposes of article 6.02, the investigating authority shall adopt or maintain procedures for the treatment of confidential information protected by domestic legislation that is provided in the course of the proceedings and shall require the interested parties to provide such information, the delivery of written non-confidential summaries thereof. If the parties concerned are unable to summarize this information, explain the reasons preventing it. The authorities may disregard such information, unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.
17. The investigating authority shall not disclose any confidential information provided pursuant to any undertaking concerning confidential information that has been made in the course of the proceedings.
Evidence of injury or threat of injury
18. For conducting the procedure, the investigating authority shall as far as possible any relevant information for the relevant resolution. Shall evaluate all relevant factors of an objective and quantifiable nature that affect the situation of domestic industry, including that the rate and the amount of increase in imports of the goods in question under the domestic industry; the share of the domestic market covered by increased imports; and changes in the level of production, sales, productivity, utilisation of capacity, profits or losses, and employment. For the resolution, the investigating authority may also consider other economic factors such as changes in prices and inventories and the ability of firms in the industry to generate capital.
Deliberation and resolution
19. Except in critical circumstances and in global agricultural safeguard measures concerning perishable goods, the investigating authority, before issuing an affirmative resolution in a proceeding for the application of safeguard measures, allow sufficient time to gather and consider the relevant information, shall hold a public hearing and provide an opportunity to all interested parties to prepare and submit their views.
20. The final determination is issued without delay in the Official Journal newspaper or other national and shall indicate the findings and reasoned conclusions on all pertinent issues of law and fact. The resolution shall describe the imported goods, fractions tariff, the applicable evidentiary standard applied and the finding made in the proceedings. Recitals shall state the grounds for resolution, including a description of:
a) The domestic industry which has been or is threatened with serious injury;
b) The information to support the conclusion that increasing imports; that the domestic industry is or is threatened with serious injury; that increased imports are causing or threatening to cause serious injury; and
c) If provided for by domestic legislation, any recommendation or finding regarding the appropriate remedy and the basis.
Extension
21. If the importing Party determines that the reasons that led to the application of the Bilateral safeguard measure shall be notified to the competent authority of the other party of its intention to renew at least ninety (90) days before the expiry of its validity and provide evidence that the reasons that led to their respective application to initiate consultations, which shall be made in accordance with this article.
22. In addition, the representative of the Entity domestic industry, to submit the extension request shall deliver a readjustment plan, including variables controllable by industry or national production involved in order to use the serious injury or threat of serious harm.
23. Notifications of the extension and compensation shall be implemented as provided for in this article before the expiry of the measure.
Article 6.05. Dispute Settlement In Safeguard Measures
No party may request the establishment of an arbitral panel under Article 2008 (Request for the integration of the arbitral group), when that safeguard measures have been merely proposals.
Chapter 7. UNFAIR TRADE PRACTICES
Article 7.01. Scope of Application
1. The Parties confirm their rights and obligations under Articles VI and XVI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994 and the Agreement on Subsidies and Countervailing Measures, which form part of the WTO Agreement. In this regard, the Parties shall ensure that their legislation is in conformity with the commitments undertaken in these agreements.
2. Each Party may initiate an investigation procedure and apply countervailing or anti-dumping duties in accordance with the provisions of this Chapter, the Agreements and Articles referred to in paragraph 1, as well as with its legislation.
Article 7.02. Duration of Investigations on Unfair Trading Practices
The Authority shall immediately terminate the investigation without the imposition of definitive anti-dumping duties, where the investigation has been extended beyond eighteen (18) months from the date of the Declaration of the initiation of the investigation.
Article 7.03. Initiation of Back-to-back Investigations
During a period of twelve (12) months from the date of a final resolution which is not to impose an anti-dumping duty shall not initiate any new investigations on the same product from the same party unless the domestic industry to seek new opening is constituted by producers whose collective output constitutes at least fifty percent (50 per cent) of the total production of the like product produced by the domestic industry.
Article 7.04. Duration of Anti-dumping Duties
A definitive anti-dumping duty shall be eliminated in a period not exceeding sixty (60) months after the date of its imposition, without the possibility of extension.
Article 7.05. Establishment of Anti-dumping Duties
The Authority shall establish an anti-dumping duty, whether provisional or final, lower than the dumping margin where such lesser duty would be adequate to remove the injury to the domestic industry.
1. The parties share the objective of promoting significant reforms in this area to ensure that such measures are disguised barriers to trade.
In this regard, the Parties shall cooperate in an effort to achieve these reforms in the framework of the WTO and the Free Trade Area of the Americas (FTAA).
2. At least two (2) years of the entry into force of this treaty for all parties, they shall establish a work program to analyse criteria to develop more precisely the implementation of the following items, among others:
a) A determination of the reasonable profit margin; and
b) The determination of the existence of a threat of material injury.
Part Three. Technical Barriers to Trade
Chapter 8. Sanitary and Phytosanitary Measures
Article 8.01. Definitions
For purposes of this chapter, the Parties shall apply the terms and definitions set out:
a) In the Agreement on the Application of Sanitary and Phytosanitary Measures, which is part of the WTO Agreement, hereinafter amsf;
b) For the International Office of Epizootics, hereinafter referred to as OIE;
c) In the International Plant Protection Convention, hereinafter referred to as IPPC;
d) By the Codex Alimentarius Commission, hereinafter referred to as Codex; and
e) By other international organisations which are members of both parties and whose use is agreed by the parties.
Article 8.02. General Provisions
1. The competent authorities shall be considered as having legal responsibility for ensuring compliance with sanitary and phytosanitary requirements referred to in this chapter.
2. The Parties shall establish, based on the amsf, a framework of rules and disciplines that guide the adoption and enforcement of sanitary and phytosanitary measures, nothing in this chapter refers to the principles, rules and procedures relating to sanitary and phytosanitary measures regulating or may directly or indirectly affect trade between the parties.
3. Through mutual cooperation, the Parties shall facilitate trade without a sanitary or phytosanitary risks and undertake to prevent the introduction or spread of pests and plant diseases and to improve health, animal health and food safety.
Article 8.03. Rights of Parties
The Parties may, in accordance with the AMSF:
a) Establish, adopt, maintain or apply any sanitary or phytosanitary measure in its territory, only when necessary for the protection of human life and health (food safety) and to preserve animal or plant health, even those which are stricter than a measure, international standards, guidelines or recommendations, provided that there is scientific justification therefor;
b) Their sanitary and phytosanitary measures apply only to the extent necessary to achieve its appropriate level of protection, taking into account technical and economic feasibility; and
c) Verify that the plant, animal products and by-products for export are subject to a follow-up sanitary and phytosanitary, to ensure compliance with the requirements of sanitary and phytosanitary measures established by the importing Party.
1. The sanitary or phytosanitary measures shall not constitute a disguised restriction on trade and shall have the purpose or effect of creating unnecessary obstacles to the same between the parties.
2. The sanitary or phytosanitary measures shall be based on scientific principles; shall be maintained only when there are grounds corroborative and shall be based on a risk assessment, taking into account technical and economic feasibility.
3. The sanitary and phytosanitary measures shall be based on international standards, guidelines or recommendations, except when'proving scientifically that these measures, standards, guidelines or recommendations do not constitute an effective or appropriate means for the protection of human life and health (food safety) and animal or plant health in the territory of a party.
4. Where identical or similar conditions prevail, a sanitary or phytosanitary measure shall not discriminate arbitrarily or unjustifiably between its goods and similar to the other party, or between goods of the other party and similar goods of a non- party.
5. Where a Party considers that a sanitary or phytosanitary measure of another party is interpreted or applied in a manner inconsistent with the provisions of this Chapter shall have the burden of proving the incompatibility.
Article 8.04. Obligations of the Parties
1. Sanitary or phytosanitary measures shall not constitute a disguised restriction on trade or have the purpose or effect of creating unnecessary barriers to trade between the Parties.
2. Sanitary or phytosanitary measures shall be based on scientific principles; they shall be maintained only when there are grounds to support them and shall be based on a risk assessment, taking into consideration technical and economic feasibility.
3. Sanitary and phytosanitary measures shall be based on international measures, standards, guidelines or recommendations, except when it is scientifically demonstrated that these measures, standards, guidelines or recommendations do not constitute an effective or adequate means for the protection of human (food safety) and animal life and health, or for the preservation of plant health in the territory of a Party.
4. Where identical or similar conditions exist, a sanitary or phytosanitary measure shall not arbitrarily or unjustifiably discriminate between its goods and like goods of the other Party, or between goods of the other Party and like goods of a non-Party.
5. Where a Party considers that a sanitary or phytosanitary measure of the other Party is interpreted or applied in a manner inconsistent with the provisions of this Chapter, it shall have the burden of demonstrating the inconsistency.
Article 8.05. International Standards and Harmonization
For the purpose of implementing expeditiously sanitary and phytosanitary measures in the territory of the Parties and thereby facilitate trade flows, control procedures, inspection and approval of the sanitary and phytosanitary measures will be shown in the following principles:
a) Each Party shall use as a reference framework the international standards, guidelines or recommendations for its sanitary or phytosanitary measures in order to harmonize them or compatible with those of the other party;
b) Without prejudice to paragraph (a), each Party may adopt, implement, maintain or establish a sanitary or phytosanitary measure with a level of protection different from that which would be achieved by a measure based on international standards, guidelines or recommendations or, more stringent than those provided that there is scientific justification;
c) With the aim of reaching a higher degree of harmonization, each Party shall follow the guidelines of the relevant international organizations. In respect of plant health the IPPC on aspects of the OIE for animal health and on food safety and tolerance limits shall Codex standards;
d) The Parties shall consider the standards, guidelines or recommendations of other international organizations of which they are members; and
e) The Parties shall establish harmonized systems in the field of sanitary and phytosanitary diagnostic methods of sampling, inspection and certification of animals, plants, their products and by-products as well as food safety.
Article 8.06. Equivalence
For the purpose of applying more rapidly sanitary and phytosanitary measures in the territory of the Parties and thereby facilitate trade flows, control procedures, inspection and approval shall be implemented in accordance with the following principles:
a) Without reducing the level of protection of human life and health (food safety) and to preserve plant or animal health in their territories, the Parties shall, to the greatest extent possible, the equivalence of their respective sanitary or phytosanitary measures;
b) Each Party shall accept as equivalent Sanitary and Phytosanitary Measures of the other party, even if they differ from a own, when the latter'proving objectively, scientific information and risk assessment methodologies agreed upon by them, measures to achieve the appropriate level of protection; and
c) In order to establish equivalence between their sanitary and phytosanitary measures, the Parties shall facilitate access to their territories for purposes of inspection, testing and other relevant procedures.
Article 8.07. Risk Assessment and Determination of the Appropriate Level of Sanitary and Phytosanitary Protection
In accordance with the guidelines issued by the relevant international organizations:
a) The Parties shall ensure that their sanitary and phytosanitary measures are based on an appropriate evaluation to the circumstances of the risks for the protection of human life and health (food safety) and to preserve animal or plant health taking into account the guidelines and risk assessment techniques developed by the relevant international organizations;
b) The Parties shall grant the necessary facilities for assessing sanitary and phytosanitary services through existing procedures for verification of the inspections, checks, approvals, measures and programmes of health and plant health and based on the guidelines and recommendations of international organizations recognized by the WTO;
c) In assessing the risk of goods, and in establishing its appropriate level of protection, the Parties shall take into account among other factors:
i) The available scientific and technical information;
ii) The existence of pests or diseases and recognition of disease or pest free areas and areas of low disease or pest prevalence;
iii) The epidemiology of pests and diseases cuarentenario interest;
(IV) The analysis of the critical control points in the health aspects (food safety) and plant health;
v) Food additives and physical, chemical and biological pollutants;
(VI) The relevant environmental and ecological conditions;
(VII) processes and production methods and inspection methods of sampling and testing;
(VIII) The structure and organisation of sanitary or phytosanitary services;
ix) Procedures for the protection, epidemiological surveillance, diagnosis and treatment to ensure food safety;
x) The loss of production or sales in the event of entry, residence, spread or spread of disease or pest A;
xi) The applicable quarantine measures and treatments that satisfy the importing Party regarding risk mitigation; and
xii) Costs of control or eradication of the disease or pest in the territory of the importing Party and the cost-effectiveness of alternative methods to reduce the risk;
d) In establishing its appropriate level of protection, the Parties shall take into account the objective of minimizing the negative effects on trade and with the objective of achieving consistency in such levels of protection, shall avoid arbitrary or unjustifiable distinctions that may result in discrimination or constitute a disguised restriction on trade between the parties;
e) When the importing Party makes a risk assessment and conclude that the scientific information is insufficient, it may adopt a provisional sanitary or phytosanitary measure based on scientific information, including from the competent international organizations recognized by the WTO and sanitary measures of the other party, the following procedure shall apply:
i) The importing Party that applied the Provisional Measure shall within thirty (30) days after the adoption of the provisional measure request to the other party of any technical information necessary to complete the assessment of risk; if such time has not been requested information, the provisional measure shall be withdrawn;
ii) If the importing party proceeded to seek the information shall have until sixty (60) days of the presentation of such information to modify the forthwith
Provisional measure or making shifted as final. In the event of failure to comply with the preceding period, the importing Party shall immediately withdraw the provisional measure;
iii) The importing Party may request clarification on the information submitted within thirty (30) days after receipt of the same;
(IV) the importing Party shall permit the exporting Party to submit its observations and shall be taken into account for the conclusion of the risk assessment; and
v) The adoption or modification of the provisional sanitary or phytosanitary measure shall be immediately notified to the other party through the information centres established before the amsf;
f) The risk analysis to develop a Party shall comply with the deadline previously agreed by the parties. If the results of the analysis implies non-acceptance of the import, shall notify in writing the scientific basis for the decision; and
g) If a party has reason to believe that a sanitary or phytosanitary measure established or maintained by the other party may restrict or restricts its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or in the absence of such international standards, guidelines or recommendations, may request explanation of the reasons for such sanitary and phytosanitary measures and the parties to maintain such measures shall be given within a period of thirty (30) days after the competent authority receives the consultation.
Article 8.08. Recognition of Disease or Pest Free Areas and Areas of Low Disease or Pest Prevalence
1. The Parties shall recognize the disease or pest free areas and areas of low disease or pest prevalence in accordance with the guidelines and recommendations, considering among the main factors, the geographical situation, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in the area.
2. The party that an area within its territory is free from a specific disease or pest shall demonstrate objectively to the importing Party that condition and that grant shall be regarded as such, based on the protection measures adopted by the responsible for sanitary or phytosanitary services.
3. The party interested in obtaining recognition of a zone free of pests or diseases and making the request shall provide the relevant scientific and technical information to the other party.
4. The party receiving the request for recognition, shall act in a period agreed with the other party may conduct checks for inspection, testing and other relevant procedures. In case of non-acceptance, bring in writing of the reasons for its decision.
5. The Parties shall reach agreements on specific requirements which allows a good produced in an area of low disease or pest prevalence be imported if the appropriate level of protection under paragraph 7 of Annex A to the amsf.
Article 8.09. Control Procedures, Inspection and Approval
1. The parties, in accordance with this Chapter, apply the provisions contained in Annex C of AMSF, as regards the control procedures, inspection and approval, including the adoption of the use of additives or establishment of tolerances for contaminants in foodstuffs, or beverages in fodder.
2. When the competent authority of the exporting Party requests for the first time to the competent authority of the importing Party the inspection of a productive unit or productive processes in its territory, the competent authority of the importing Party shall make such inspection within a period not exceeding ninety (90) days from the date on which the request was raised, except for the first year of entry into force of the Treaty, where the competent authorities of Panama shall have a period of one hundred and five days (105). Once an inspection, the competent authority of the importing Party shall issue a decision based on the outcome of the inspection and shall notify the exporting party within a period of thirty (30) days from the date on which the inspection was completed.
If the competent authority of the importing Party fails to comply with the deadlines referred to the competent authority of the exporting Party may request in writing to the competent authority of the importing Party conducting consultations pursuant to Chapter 20 (dispute settlement).
3. In the case of productive units or productive processes that have a certification in force in the importing Party shall apply its renewal at least one hundred and twenty (120) days before the date of expiry. A productive units or production process that complies with the stipulated in this paragraph shall be allowed by the competent authorities of the importing party, continue to export these competent authorities until complete inspection procedures for
Those production units or productive processes that do not apply to renewals within a period of one hundred and twenty (120 days), shall be governed by the procedure referred to in paragraph 2.
4. The certificates of productive units or productive processes issued by the competent authority of the importing Party shall be valid for at least one (1) year.
Paragraph transitional
Upon the entry into force of this Treaty, those production units or productive processes that have a certification before the expiration of the period of one hundred and twenty (120 days), may submit its request within a period of one hundred and twenty (120) days starting from the entry into force of the Treaty. Aproductive units or productive processes that complies with the stipulated in this paragraph shall be allowed by the competent authorities of the importing Party, to continue until these export
Competent authorities complete inspection procedures. Those production units or productive processes that do not apply for renewal within the time period established in this paragraph shall be governed by the procedure referred to in paragraph 2.
Article 8.10 . Transparency
1. Each Party shall propose to the adoption or modification of a sanitary or phytosanitary measure of general application at the central level, through their competent authorities shall:
a) Adoption and amendment of such measures. It shall provide information on the same, in accordance with the provisions of Annex B to the amsf and shall make the pertinent adaptations;