REPLIES TO THE QUESTIONS[1] POSED BY CHINA REGARDING THE
NOTIFICATION OF ARGENTINA[2]

The following communication, dated and received on 30 October 2025, is being circulated at the request of the delegation of Argentina.

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Question 1

Article 113 of Presidential Anti-Dumping Decree No. 33/2025 stipulates that "Interested parties may challenge any appealable decision in court once administrative remedies have been exhausted, within the framework of the National Law on Administrative Procedures and the Administrative Procedures Regulations. Decree No. 1759/72 - Harmonized Text of 2017 and amendments thereto". Pursuant to the aforesaid provisions, legal action in court may only be initiated after administrative remedies have been exhausted. Please elaborate the purpose of formulating such provisions, and whether these provisions can ensure that interested parties exercise their rights in a timely manner.

Reply:

Argentine administrative law provides, pursuant to the National Law on Administrative Procedures No. 19.549/72 and the Administrative Procedure Regulations Decree No. 1759/72 - Harmonized Text of 2017 and amendments thereto, that in all cases, prior to initiating judicial actions against administrative acts, the "administrative route" must be exhausted. In other words, even if Decree No. 33/2025 did not include Article 113, the same general rule would apply.

This is because the resolution imposing anti-dumping duties is, by its legal nature, an administrative act, but subordinate to the aforementioned law.

The administrative procedure establishes time limits for lodging administrative appeals, so that these appeals can be processed within a reasonable time frame. Once administrative remedies have been exhausted, interested parties may file a judicial appeal to challenge the contested administrative act.

Question 2

Article 115 of Presidential Anti-Dumping Decree No. 33/2025 stipulates that "The NATIONAL FOREIGN TRADE COMMISSION shall take into consideration the specific circumstances of small and medium-sized enterprises." Please explain how Argentina will take into account the situation of small and medium-sized enterprises in trade remedy investigations.

Reply:

This provision is general in nature and concerns small and medium-sized enterprises (SMEs), which operate on a smaller scale than corporations.

It aims to provide greater technical assistance and allow for methodological adjustments regarding the information that can reasonably be made available to these small and medium-sized enterprises, as they often have very limited resources and few staff to systematize the enterprise's general information.

This decree incorporates the provisions of Article 3.6 and related articles of the Anti-Dumping Agreement into the procedural regulations.

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