Comisión Nacional Encargada de Investigar la Existencia de Distorsiones en el Precio de las Mercaderías Importadas

The Commission in Charge of Investigating the Existence of Price Distortions on Imported Goods, created by article 9 of law 18.525, is a technical entity integrated by representatives of public institutions of the economic sector. Its function is to advise the President in all matters regarding the import of goods, at distorted prices, that cause or threaten to cause serious injury to domestic production, as well as those situations of increases in imports of such magnitude and conditions that they cause, or threaten to cause, serious injury to national production.

Specifically, it investigates the existence of price distortions on imported goods and whether these cause serious injury, present or inminent, to national production, as well as the existence of an increase in imports of a product in such quantities and under such conditions as to cause, or threaten to cause, serious injury to the domestic industry that produces like or directly competitive products, this last distinction only in the case of safeguards.

The Commission must take knowledge of the petitions referred to price distortions on imported goods and petitions of safeguard measures and after completing the corresponding investigation, it may recommend the adoption of measures, if the information gathered during the investigation verifies the existence of certain conditions required by our legislation. These are: the existence of a price distortion; serious injury, present or inminent, to national production; a causal link between the price distortion and the injury to national production, or an increase in imports of a product in such quantities and under such conditions as to cause, or threaten to cause, serious injury to domestic production.

In cases where these conditions are met, the Commission proposes to the President, through the Minister of Finance, the application of ad valorem tariff surcharges, antidumping duties and countervailing duties (Law 18.525, articles 7° and 8°).

Notwithstanding the above, the Commission may under special circumstances auto initiate an investigation, when it has sufficient evidence to justify so. In these investigations, the procedure and conditions established are the same as for those investigations initiated by filing a petition, in all those aspects in which they are compatible.

The Commission is integrated by the following members:

- Fiscal Nacional Económico, who is also the chairman;
- Two representatives of the Central Bank, designated by its Board;
- One representative of the Ministry of Finance;
- One representative of the Ministry of Agriculture;
- One representative of the Ministry of Economics;
- The National Customs Director;
- One representative of the Ministry of Foreign Affairs

The current members of the Commission are:

- Chairman to the Commission - Jorge Grunberg Pilowsky.
- Alternate representative - The legal designated substitute
- Central Bank representative - Francisco Ruiz Aburto
- Alternate representative - Claudia Alejandra Henríquez Gallegos.
- Central Bank representative - Miguel Andrés Fuentes Díaz.
- Alternate representative - Beatriz Velásquez Ahern.
- Ministry of Finance representative - Rodrigo Monardes Vignolo.
- Alternate representative - Catalina de Jesús Ortiz Justiniano.
- Ministry of Agriculture representative- Andrea Garcia Lizama.
- Alternate representative - Patricio Riveros Villegas.
- Ministry of Economics representative - Nicolás Lillo Bustos.
- Alternate representative - Jorge Soto Solar.
- Customs National Service representative- Alejandra Arriaza Loeb.
- Alternate representative- The legal designated substitute
- Ministry of Foreign Affairs representative- Sebastián Gómez Fiedler.
- Alternate representative- Jorge Vasquez Rossier.

The representatives of the Central Bank, the Ministries of Finance, Agriculture, Economics and Foreign Affairs are designated by resolution of the respective institutions, published in the Official Gazette. These members are substituted by the persons designated by the respective institution by resolution published in the Oficial Gazette. In the case of the National Prosecutor and National Custom Director, their alternates are desginated in accordance with the law.
Due to the fact that the measures adopted by the President concerning customs duties are mandatory for the private sector and generate effects on international trade and the whole domestic economy, the Commission is integrated by representatives of the public institutions related with these matters, which allows its determinations to be based on a public policy.

The law establishes a specific and public voting mechanism for the Commission to adopt agreements. The minimum quorum required to have a session is four members, resolutions are adopted by simple majority of the present members and, in the case of a tie, the chairman's vote breaks the tie. All the agreements adopted by the Commission are transcribed in minutes, which once approved, become public and can be consulted by those interested at the Central Bank?s Library.

There is an exception to the preceeding quorum, which applies when the authorities decide to apply a safeguard measure that when added to the current tariff, is beyond the tariff level consolidated at the World Trade Organization. In that case, three quarters of the Commission´s members must approve the decision.

The comments and observations of the private sector and public institutions, national and foreign, as well as other interested parties in the investigation, can be made in writing or orally at the hearings granted by the Commission for that purpose.