New Regulatory Framework for Antidumping Proceedings

Decree 33/25, published in the Official Gazette on January 15, 2025, repealed the regime established by Decrees 1219/06 and 1393/08, and established new regulatory and implementing rules for applying the Agreement on Implementation of the General Agreement on Tariffs and Trade of 1994, article VI, incorporated to Argentina’s legal system through Law 24425.

According to Decree 33/25, the purpose of its enactment is to simplify procedures, promote efficiency in the investigations, streamline the interaction between the Federal State and the parties involved, and optimize the technical capacity of the state agencies involved.

In this sense, one of the main modifications introduced was the unification under the Argentine Commission of Foreign Trade (CNCE) of the antidumping procedure, which was previously carried out in a bifurcated manner between the CNCE and the Secretariat of Industry and Commerce. The maximum term for carrying out the investigations was reduced from twelve to eight months.

Further, Decree 33/2025 reduces the maximum term of anti-dumping measures from five to three years and establishes that the opening of a sunset review may be requested only once, with a maximum term of two years for the resulting measures. Before this Decree, there was no limit to the number of sunset reviews that could be requested, and anti-dumping measures could be renewed for a maximum period of five years per review.

Other outstanding modifications include:

• The previous Specialized Information Service was replaced by an optional advisory instance.
• The term for producing evidence was reduced to a maximum of 30 days, counted from the day the disposition that the CNCE issues (which must be issued within five days of the deadline for offering evidence) is issued.
• The CNCE must include in its final recommendation a section with considerations on circumstances of general foreign trade policy and public interest, and reports from the Argentine Commission for the Defense of Competition and the Undersecretariat for Consumer Defense and Fair Trade.
• Price undertakings may be offered as of the opening of the investigation.
• Exporters that enter into a price undertaking must provide information and documentation related to their export operations to Argentina of the products subject to the undertaking every six months as of the approval of such undertaking.
• The minimum period for requesting the initiation of a review due to a change of circumstances was reduced from two to one year.

The provisions of Decree 33/2025 will become effective of the day the complementary regulations the Secretariat of Industry and Commerce will issue become enforceable.