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Republic of Lithuania Republic of Lithuania LAW ON SAFEGUARD MEASURES 23 May 2000 No. VIII-1703 Vilnius CHAPTER ONE GENERAL PROVISIONS Article

  1. Purpose of the Law The purpose of the Law is to provide legal conditions for safeguarding domestic producers from the introduction into the customs territory of the Republic of Lithuania of imports causing serious injury. Article
  2. Main Definitions
  3. “Imports causing serious injury” means the increase in the imports of a product in greatly increased quantities (absolute or relative to domestic production or consumption in Lithuania of a like product) and/or on such terms and conditions as to cause or threaten to cause serious injury to the domestic producers of the like product. The application of safeguard measures to the Members of the World Trade Organisation may be considered only in cases where both the above-indicated conditions are met.
  4. “Product in question” means the product, the imports whereof into the customs territory of the Republic of Lithuania is causing serious injury as defined in paragraph 1 hereof.
  5. “Like product” means a product identical in all respects to or having characteristics closely resembling those of the product in question imported into the customs territory of the Republic of Lithuania; in the absence of an identical product, a product which has like characteristics or a product which is in direct competition in the Lithuanian market with the product in question.
  6. “Domestic producers” means the producers as a whole of the like product or those whose collective output of the like product constitutes a major proportion (over 50%) of the total production of the like product in the customs territory of the Republic of Lithuania .
  7. “Threat of serious injury” means serious injury, clearly imminent to the domestic producers, the determination of the existence whereof is based on objective evidence.
  8. “Serious injury” means a significant overall impairment in the position of the domestic producers when the increased imports of the product in question has an adverse effect on the production of the like product, production capacity utilisation, stocks of the product, its sales, the share of the market taken by the product, the price of the product, profits, employment, etc.
  9. “Customs territory of the Republic of Lithuania“ means the territory of the Republic of Lithuania bounded by the customs border of the Republic of Lithuania, unless otherwise provided for by international treaties to which the Republic of Lithuania is a party. For the purpose of this Law, products located in the freer economic zone shall be considered as located outside the boundaries of the customs territory of the Republic of Lithuania .
  10. “Customs boundaries of the Republic of Lithuania” means the boundaries of the customs territory of the Republic of Lithuania coinciding with the state border of the Republic of Lithuania, except when otherwise provided for by the international treaties to which the Republic of Lithuania is a party.
  11. “Safeguard measures” means measures restricting the imports into the customs territory of the Republic of Lithuania of the product in question, which are applied by the Republic of Lithuania in the form of a quota or customs duty.
  12. “Quota” means quantitative restriction of imports of the product in question into the customs territory of the Republic of Lithuania, expressed in the annually permitted quantity (in physical or value terms) of imports of the product. A quota may be applied only where cases of imports into the customs territory of the Republic of Lithuania causing serious injury have been established following the conduct of the investigation specified in Article 4 of this Law (hereinafter referred to as the investigation).
  13. “Customs duty” means a duty which may be applied as a provisional measure during the investigation, where there has been a preliminary determination of the fact of imports of the product in question causing serious injury, and as the final safeguard measure if it is determined at the end of the investigation that there is clear evidence of imports of the product in question into the Republic of Lithuania, which causes serious injury.
  14. “Interested parties” for the purpose of the performance of procedures related to the determination and application of safeguard measures means: 1) the Lithuanian producers of the like or directly competitive products or trade or business associations, the majority of the members of which are the Lithuanian producers of the like or directly competitive products; 2) importers, foreign producers or exporters of the product in question or trade or business associations the majority of the members of which are importers, foreign producers or exporters of the product; 3) the governments of the country of origin of the product in question or of the states from which the product in question is imported into the customs territory of the Republic of Lithuania (hereinafter - the governments of the country of origin or of the exporting country of the product in question); 4) Lithuanian undertakings which use the product in question for the production of their products; 5) the Government of the Republic of Lithuania or other state institutions; 6) Lithuanian consumer protection organisations (public). Article
  15. State Institution in Charge of the Implementation of this Law
  16. The institution authorised by the Government of the Republic of Lithuania (hereinafter referred to as the Institution) shall conduct investigation for the determination of imports causing serious injury, carry out reviews of the application of safeguard measures, make determinations as to the initiation of investigation or refusal to do same, performance of a review, extension of the period of investigation, termination of investigation, initiation of repeat investigation, also a determination as to the application of safeguard measures, extension, liberalisation or revocation of the safeguard measures to which the imported products are subjected. In addition to other information, the proposals submitted by the Institution to the Government of the Republic of Lithuania must also specify the facts and reasons, based whereon the application of safeguard measures, extension of their application period, liberalisation or revocation of the safeguard measures applied is proposed.
  17. The Government of the Republic of Lithuania shall take decisions on the application of safeguard measures, the extension of the application duration, on the liberalisation or revocation of the applied safeguard measures. CHAPTER TWO CONDUCT OF INVESTIGATION Article
  18. Purpose of Investigation The purpose of investigation is to determine, on the basis of collected objective evidence, whether or not imports of the product in question into the customs territory of the Republic of Lithuania are causing or threatening to cause serious injury to domestic producers. Article 5 Initiation of an Investigation
  19. An investigation to determine imports causing serious injury shall be initiated following the filing with the Institution by the domestic producers of a written application made out in accordance with the requirements laid down in Article 6 of this Law.
  20. If the volume of production of the like product by the producer who filed the application does not account for a major proportion of the total production of the product in the customs territory of the Republic of Lithuania, the application filed with the Institution must be accompanied by the written approval of the application requesting to conduct investigation, submitted by other producers of the like product. The application requesting to conduct investigation shall be deemed filed by the domestic producers if approved of by the domestic producers of the like product who collectively account for a major proportion of the total production of the like product (with the total production of the like product by the producer who filed the application included) in the customs territory of the Republic of Lithuania.
  21. On the decision of the Institution, the investigation may be commenced even without the application specified in paragraph 1 hereof having been filed, if the Institution obtains information from the association representing the domestic producers or the ministry within whose sphere of regulation is the production of the like product and the information contains the evidence indicated in Article 6 which is required to justify the conduct of the investigation. Article
  22. Application Requesting to Conduct an Investigation
  23. An application requesting to conduct an investigation of imports causing serious injury shall include evidence of the existence of imports of the product in question causing serious injury, the serious injury caused by it to domestic producers or the threat thereof and of the existence of the causal link between the imports causing serious injury and the injury. The evidence shall be required to justify the conduct of the investigation. The application requesting to conduct an investigation must include the following information: 1) full name and address of the applicant (in case of a legal person or economic operator without legal personality, the name and address of its head office) and the volume of production of the like product (in physical and value terms) of the applicant and each domestic producer who approves of the request to conduct an investigation; 2) a complete description of the product in question so as to allow for its classification according to the Combined Nomenclature of the Republic of Lithuania of Common Customs Tariffs and Foreign Trade Statistics; 3) the names of the country of origin or exporting countries of the product in question; 4) a complete description of the like product and the code number of the product according to the Combined Nomenclature of the Republic of Lithuania of Common Customs Tariffs and Foreign Trade Statistics; 5) the names of the known exporters of the product in question; 6) the names of the known importers of the product in question.
  24. Information on the adverse effect on domestic producers of the product in question (as indicated by such factors as production, utilisation of capacity, sales, market share, product price, profit (loss) level, employment, etc.), provided that the above information is available to the applicant, as well as other information containing sufficient evidence of the reasonableness of the application shall be filed alongside with the application.
  25. Having received an application requesting to conduct the investigation as well as in the case specified in paragraph 3 of Article 5 of this Law, the Institution, prior to initiating the investigation, shall notify the governments of the country of origin of the product in question or the governments of the exporting countries thereof so as to be able to hold consultations with the above countries in order to ascertain the information and evidence specified in paragraph 1 of this Article and to find a solution acceptable to the Republic of Lithuania and the country of origin of the product in question or the exporting country. Should there be a delay in the consultations, the Institution shall not be thereby precluded from initiating the investigation. Article
  26. Consideration of the Application Requesting to Conduct an Investigation and Taking of a Decision Regarding the Investigation
  27. Upon the receipt of the application the Institution shall check whether or not the application has been filed by the local producers as prescribed by paragraph 2 of Article 5 of this Law, whether or not the received application meets the requirements laid down in Article 6 of this Law and whether or not there is sufficient evidence to justify the conduct of the investigation and shall, within 30 calendar days of the date of the filing of the application, take a decision to conduct the investigation or to refuse doing same.
  28. If the applicant’s volume of production of the like product accounts for less than a major proportion of the total production of the product in the customs territory of the Republic of Lithuania and the application requesting to conduct an investigation receives the approval of an insufficient number of domestic producers, or in case the filed application does not meet the requirements laid down in Article 6 of this Law or the evidence submitted to justify the investigation proves insufficient, the Institution shall notify the applicant thereof, specifying the shortcomings and setting the time limit for the elimination thereof. If the applicant fails to eliminate the shortcomings within the time limit set by the Institution, the latter shall take a decision not to conduct the investigation.
  29. The decision of the Institution to conduct the investigation shall be published in the publication “Valstybės žinios” (“Official Gazette”).
  30. Having taken a decision not to conduct the investigation (if an application requesting to conduct an investigation has been received), the Institution shall notify the applicant thereof within 5 working days after the day of taking of the decision. Article
  31. The Course of the Investigation
  32. In the investigation seeking to determine whether increased imports have caused or are threatening to cause serious injury to the domestic producers, the factors having a bearing on the position of the domestic producers must be subjected to an objective evaluation: 1) the volume of imports (in absolute terms and in terms of value) into the customs territory of the Republic of Lithuania and its share in the total volume of the sales of the like product in the market of the Republic of Lithuania; 2) the increase in the volume of imports of the product in question into the customs territory of the Republic of Lithuania, either in absolute terms or relative to production and consumption in the customs territory of Lithuania; 3) changes in the prices of imports of the product in question and of the like product originating in Lithuania. Of special significance are the facts evidencing that the effect of such imports is to depress the price of the like product originating in Lithuania or prevent the price increases which would normally have occurred; 4) changes in sales of the like product of Lithuanian origin in the domestic market; 5) changes in economic indicators, having a bearing on the state of Lithuanian industry, including its output, utilisation of capacity, stocks, sales, market share, profits, employment, etc.; 6) factors other than trends in imports which are causing or may have caused serious injury to domestic producers.
  33. Where a threat of serious injury to domestic producers is alleged, it must also be investigated, in addition to the factors indicated in paragraph 1 of this Article whether there are facts which make it clearly foreseeable that the imports of the product in question are likely to cause serious injury to domestic producers. In this connection, the volume of imports of the product in question into the customs territory of the Republic of Lithuania, the rate of increase of imports, the export capacity of the product in question in the country of origin or export, as it stands or is likely to be in the foreseeable future, and the likelihood that that capacity will be used to import the product in question into the customs territory of the Republic of Lithuania must be evaluated.
  34. During the investigation all factors of objective and quantifiable nature having a bearing on the situation of domestic producers of the like product must be evaluated. When factors other than imports causing serious injury are having an adverse effect upon the domestic producers at the same time, such injury shall not be attributed to imports causing serious injury.
  35. During the investigation the necessary information shall be obtained when: 1) the interested parties complete the list of questions of questionnaires submitted by the Institution. The questionnaires must be filled in writing and returned within 30 calendar days (calculated from the date of the receipt of the questionnaire); 2) the interested parties supply additional written evidence on their own initiative; 3) Lithuanian economic operators, state administration institutions and executive institutions of local governments, the Department of Statistics under the Government of the Republic of Lithuania supply the required data and documents upon the request of the Institution.
  36. During the investigation, the interested parties must be provided with an opportunity to submit evidence and express their views on the information supplied by other interested parties.
  37. The Institution may hear oral arguments and explanation given by the interested parties, provided they file a written application to the effect within the time limit laid down in the Institution’s decision to conduct the investigation. The application must show that the interested party which has submitted the application is actually likely to be affected by the outcome of the investigation and that there are special reasons for it to be heard.
  38. Without derogation from Article 22, the interested parties which have submitted a written application must be provided access to the information supplied by other interested parties, on which the investigation conducted by the Institution is based.
  39. In the course of investigation normally the information covering the last 3 years shall be examined. In any case the above period may not be less than six months.
  40. Conducting the investigation, the Institution shall rely upon the available and obtained information, also on the information supplied by the interested parties in writing (within the time limit set in the decision to conduct the investigation or any other appropriate decision of the Institution).
  41. If the interested party refuses to supply the necessary information, or supplies it after the expiry of all time limits or supplies only a part of it, or if it is established that the interested party has supplied false information, during the decision-making the false information shall be disregarded and the portion of the supplied information and other available information considered as reliable by the Institution, including information received from other accessible independent sources, shall be made use of. The interested parties shall be notified in writing that in case of failure to communicate the information, delay in the provision of information or provision of false information, the findings may be made making use of the evidence based on the information available to the Institution and information and documents supplied by the interested parties. In case the information submitted by the interested party contains inaccuracies which are verifiable and this does not encumber the use of the information, whereas the interested party has acted to the best of its ability to communicated the relevant information, such information shall not be disregarded.
  42. If the evidence or information submitted by the interested party is not accepted, the supplying interested party shall be informed of the reasons therefor and shall be provided with an opportunity to give explanations within the time limit set by the Institution. If the explanations are considered unsatisfactory, the reasons for rejection of such evidence or information must be given in the relevant decision of the Institution. Article
  43. Duration of Investigation
  44. The duration of investigation shall not exceed 9 months from the date of the entry into force of the decision to initiate an investigation. If, for objective reasons, it is impossible to complete the investigation within the set time limit, the Institution may adopt a decision to extend the time limit but for no longer than 2 months. A notice of the decision of the Institution to extend the duration of the investigation shall be published in the publication “Valstybės žinios” (Official Gazette). In addition to other information, the duration of the extension period and the reasons thereof must be specified in the decision to extend the duration of investigation.
  45. If the Institution, on the basis of information investigated during the investigation, makes a conclusion that the application of safeguard measures is unnecessary, it shall adopt a decision to terminate the investigation. The Institution’s decision must be adopted within 1 month from the expiry of the time limit set in paragraph 1 hereof. The decision of the Institution to terminate the investigation shall be published in the publication “Valstybės žinios” (Official Gazette). CHAPTER THREE APPLICATION OF SAFEGUARD MEASURES Article
  46. Objectives of the Application of Safeguard Measures The safeguard measures shall be applied for the following objectives: 1) to eliminate serious injury being caused to domestic producers or a threat thereof; 2) to provide conditions to domestic producers to adjust to the increased competition of foreign undertakings and to facilitate this adjustment. Article
  47. Terms and Conditions for the Application of Customs Duty as a Provisional Safeguard Measure During the investigation, the imports of a product in question may be subjected to customs duty applied as a provisional safeguard measure, provided, however, that all the following conditions are met: 1) in the course of investigation preliminary determination has been made on the basis of objective data that the imports of the product in question cause or threaten to cause serious injury to domestic producers ; 2) due to a significant impairment in the position of domestic producers, provisional safeguard measures must be applied without delay, since failure to apply customs duty during the investigation would cause serious damage to domestic producers which would be difficult to repair; 3) in view of the terms and conditions laid down in paragraphs 1 and 2 hereof, the Institution deems it expedient to apply customs duty during the investigation. Article
  48. Application of Customs Duty as a Provisional Safeguard Measure
  49. If the terms and conditions laid down in Article 11 of this Law are met, the Institution shall make a decision to apply customs duty as a provisional safeguard measure and shall set the amount of the duty and the date from which it shall be applied.
  50. Customs duty as a provisional safeguard measure may be imposed for no longer than 200 calendar days. The duration of the application of customs duty shall be included in the total duration or extension of the application of safeguard measures, specified in Articles 15 and 16 of this Law.
  51. Customs duty shall be imposed regardless of other duties to which the product in question is concurrently subjected, if its is expected that it may prevent or remedy serious injury. In any case the amount of customs duty shall not exceed the duty necessary for the elimination of the serious injury caused to domestic producers by the preliminarily determined imports of the product in question which cause serious injury.
  52. Customs duty as a provisional safeguard measure must be paid in the manner prescribed by the Law of the Republic of Lithuania on Customs Tariffs. Default interest shall be payable for failure to pay customs duty or delay in the payment thereof. The unpaid amounts of customs duty and default interest shall be collected in accordance with the procedure laid down in the Law of the Republic of Lithuania on Customs Tariffs.
  53. In cases where, upon the conclusion of investigation, imports causing serious injury are not determined, customs duty, if paid, shall be refunded in accordance with the procedure established by the Law of the Republic of Lithuania on Customs Tariffs. Article
  54. Application of Safeguard Measures upon the Conclusion of the Investigation
  55. The products in question imported into the customs territory of the Republic of Lithuania may be subjected to safeguard measures only if it is determined in the course of investigation in accordance with the provisions of Article 8 of this Law that such imports of the product in question are causing serious injury to the domestic producers.
  56. Safeguard measures shall be applied to every product in question released for free circulation in the customs territory of the Republic of Lithuania on a non-discriminatory basis, regardless from what country the product in question is being imported, with the exception of cases specified in paragraphs 3 and 4 of Article 14 and Article 19 of this Law. Safeguard measures shall be applied from the day of entry into force of the Institution’s decision to apply a safeguard measure, unless the decision sets a different date of application of the safeguard measure. The adoption of a decision by the Institution to apply a quota may not restrict the release of the product in question into free circulation in the customs territory of the Republic of Lithuania if the person importing the product in question produces sufficient evidence confirming the fact that on the day of entry into force of the decision to apply a quota the products in question were already on their way to the customs territory of the Republic of Lithuania.
  57. A safeguard measure (customs duty or a quota), its amount and the date from which the safeguard measure will be applied must be specified in the Institution’s decision to apply the safeguard measure; the timetable for the liberalisation of the safeguard measure must also be approved.
  58. In case the Institution has adopted a decision to apply customs duty as a definitive measure, customs duty shall be applied to the imports of the product in question in the manner laid down in paragraphs 3 and 4 of Article 12 of this Law.
  59. The procedure for the administration of the quota shall be established by the Government of the Republic of Lithuania or the institution authorised by it. Article
  60. Level of a Quota
  61. The level of a quota shall not be set lower than (in physical or value terms) the average level of imports over the last three years and not lower than is necessary for the elimination of serious injury being caused to the domestic producers or a threat thereof.
  62. In establishing a quota, the Institution must take account of the desirability of maintaining traditional trade flows, the volume of products in question imported into the customs territory of the Republic of Lithuania under contracts concluded earlier (before the making of a decision to apply a safeguard measure) where such contracts have been notified to the Institution.
  63. Taking into consideration the results of the investigation, the quota must be allocated among the countries exporting the product in question or groups of such countries. The quota shall be allocated upon agreement with the countries from which the product in question is imported into the customs territory of the Republic of Lithuania. Failing this, the quota shall be allocated among these countries or groups of countries in proportion to their share of imports of the product in question over the last 3 years, due account being taken of the factors which are or may be affecting trade in the product in question.
  64. Derogation from the requirements laid down in this Article shall be permitted if the imports of the product in question from a certain country or group of countries have increased in disproportionate percentage in relation to the total increase of imports of the product in question over the period specified in this Article (a quota, stricter than those applied under this Article, may be set to imports of the product in question from such country or a group of countries). The derogation referred to above shall not be permitted where there is a threat of serious injury to the domestic producers. Article
  65. Duration of a Safeguard Measure 1.The duration of safeguard measure must be limited to the period of time necessary to achieve the objectives specified in Article 10 of this law, but not longer than for 4 years, including the duration of the customs duty applied during the investigation, with the exception of cases where its duration is extended pursuant to Article 16 of this Law. Article
  66. Extension of a Safeguard Measure
  67. If there is sufficient evidence that the application of a safeguard measure is necessary in order to prevent or remedy serious injury, on the initiative of the Institution, after an appropriate decision has been taken, a repeat investigation may be conducted in accordance with the provisions of Chapter Two of this Law. During the repeat investigation customs duty, as a provisional safeguard measure, may not be applied.
  68. If it is established during the repeat investigation that the extension of the application of a safeguard measure is necessary in order to prevent or remedy serious injury and there is evidence that domestic producers are adjusting to the increased competition with foreign producers, the application of a safeguard measure may be extended on the decision of the Institution. The extension of the duration of a safeguard measure shall be governed by the provisions regulating the application of a safeguard measure if it is in compliance with the provisions of this Article.
  69. The duration of the application of a quota, set in accordance with paragraph 4 of Article 14, may not be extended .
  70. The extended safeguard measure shall not be more restrictive than it was at the end of the initial period of application of the safeguard measure.
  71. The total period of application of a safeguard measure, including the period of application of customs duty as a safeguard measure during the period of investigation, the initial period of application of a safeguard measure and any prorogation thereof may not exceed 8 years. Article
  72. Liberalisation of a Safeguard Measure and Surveillance of its Application
  73. In order to provide conditions for domestic producers to adjust to the increased competition with foreign producers and to facilitate this adjustment, where the duration of a safeguard measure exceeds one year, the measure must be progressively liberalised at regular intervals during the period of application, including the period of extension.
  74. Pursuant to paragraph 1 hereof, the Institution shall, by its decision establishing a safeguard measure, also approve the timetable for its liberalisation. The timetable for the liberalisation of a safeguard measure shall also be approved in the case where the application of a safeguard measure is extended in accordance with paragraph 2 of Article
  75. If the established duration of a safeguard measure exceeds 3 years, the Institution must review the necessity for further application of the safeguard measure no later than the mid-point of the period of application of that measure. The review shall be initiated on the decision of the Institution no later than three months preceding the end of the mid-point. Reviews shall be carried out according to the requirements of Article 8 of this Law which are also applicable to the investigation. The decision of the Institution regarding the review of the application of a safeguard measure shall be published in the publication “Valstybės žinios” (“Official Gazette”).
  76. If, upon completing the review, the Institution makes a conclusion that the serious injury or a threat thereof caused by imports of product in question have ceased to exist, diminished or if the revocation of a safeguard measure or an accelerated pace of liberalisation would facilitate the adjustment of domestic producers to the increased competition with foreign producers, the Institution may adopt a decision to revoke the safeguard measure or to accelerate the pace of its liberalisation. Article 18.Reimposition of a Safeguard Measure
  77. A safeguard measure may not be reimposed on imports of the product in question until a period equal to the duration of the previous measure has elapsed. Such period shall not be less than 2 years.
  78. Notwithstanding the provision of paragraph 1 hereof, a safeguard measure may be reimposed on imports of the product in question for a period of 180 calendar days or less if the following two conditions are met: 1) at least 1 year has elapsed since the date of introduction of a safeguard measure on the imports of that product; 2) such safeguard measure has not been applied to the imports of the product in question more than twice in the 5-year period immediately preceding the date of the intended reimposition of the safeguard measure.
  79. The safeguard measure may be reimposed, if the investigation has been initiated in accordance with the provisions of Chapter Two of this Law and it has been established during the investigation that the application of a safeguard measures is necessary. The adoption of the decision to reimpose a safeguard measure shall be based on the provisions of Chapter Three of this Law. The validity of the reimposed safeguard measure may be extended in accordance with Article 16 of this Law. Article
  80. Application of a Safeguard Measure to Imports from Developing Countries
  81. Safeguard measures shall not be applied to imports of a product originating in a developing country if the following two conditions are met: 1) the share of imports of the product in question from such a country does not exceed 3 per cent of the total imports of the product in question into the customs territory of the Republic of Lithuania; 2) imports of the product in question from the developing countries provided that developing countries with less than 3 per cent import share collectively account for not more than 9 per cent of total imports of the product in question into the customs territory of the Republic of Lithuania.
  82. The list of developing countries, against whose imports of the product in question into the customs territory of the Republic of Lithuania the provisions of paragraph 1 hereof apply, shall be approved by the Government of the Republic of Lithuania or the institution authorised by it. CHAPTER FOUR LODGING A COMPLAINT Article
  83. Lodging a Complaint against Decisions and Acts
  84. If the interested party objects to the decisions made by the Institution, it shall have the right to lodge a complaint against the decisions with the Higher Administrative Tribunal. A complaint may be lodged with the Higher Administrative Tribunal within 3 months from the day of publishing of the decision which is the object of complaint or its delivery to the interested party.
  85. If the interested party objects to the acts of the Institution, connected with the implementation of the Law, or its failure to act, the interested party shall have the right to lodge a complaint against the above act or omission with the Higher Administrative Tribunal. The complaint may be lodged with the Higher Administrative Tribunal within 1 month from the day of performance of the act that is complained against or the day of notification of the interested party of the act. A complaint against the Institution’s failure to act may be lodged with the Higher Administrative Tribunal within a month from the day following the date of expiry of the time period set by this Law for the performance of a specific act or settlement of a specific issue.
  86. Lodging a complaint with the Higher Administrative Tribunal shall not suspend the validity of the decisions of the Institution, unless the Higher Administrative Tribunal establishes otherwise. CHAPTER FIVE NOTIFICATION Article
  87. Notification
  88. The decisions of the Institution to conduct investigation or to refuse initiating the investigation, to extend the duration of the investigation or to terminate the investigation and review the application of the safeguard measure, as well as its decisions concerning the application, extension of application of safeguard measures, or liberalisation or revocation of safeguard measures shall be published in the publication “Valstybės žinios” (Official Gazette) in accordance with the procedure laid down in the legal acts of the Republic of Lithuania.
  89. In addition to other information, the decision of the Institution to conduct investigation or perform a review of the application of a safeguard measure must also: 1) contain the summary of information received together with the application; 2) indicate that all information relative to the investigation shall be submitted to the Institution; 3) set the time limit within which the interested parties may submit evidence and set forth their arguments in writing; 4) set the time period within which the interested parties may file applications with the Institution, requesting to be provided with a possibility to be heard orally and submit additional information related to the investigation.
  90. In its decision to extend or terminate the investigation the Institution must present, in addition to other information, the main conclusions of the investigation and the summary of the reasons for its extension or termination .
  91. The Institution must, upon written requests of the interested parties, provide them with information on the facts, legal provisions and reasons on the basis of which relevant decisions have been taken. Information shall be submitted in accordance with confidentiality requirements.
  92. Alongside other information, the decisions of the Institution must give, having regard to the information confidentiality requirements, information on the facts, legal provisions and reasons on the basis whereof the decisions relative to the application, extension of application, liberalisation or revocation of safeguard measures have been taken. Article
  93. Confidential Information
  94. All information obtained under this Law shall be used only for the purpose for which it was requested.
  95. Any information the disclosure of which would give great competitive advantage to the competitors or would have a significantly adverse effect upon the interested party which supplied the information or the person from whom the interested party received the information, as well as the information which the supplying party requests to treat as confidential shall be considered to be confidential. The Institution shall not reveal any information received on a confidential basis without specific permission from the interested party which supplied such information.
  96. The interested party which is the supplier of confidential information shall be required to furnish non-confidential summaries thereof. The summaries must be comprehensive enough enabling to determine the gist of the information. If, in exceptional cases, the interested party indicates that the appropriate information is not susceptible of summary, it must provide a written statement of the reasons why the relevant summarisation is not possible.
  97. If the Institution considers that a request for confidentiality is not justified and if the interested party which is the supplier of the information is unwilling to authorise its disclosure (in generalised or summary form), the Institution may disregard such information, unless its correctness is proven by other sources. CHAPTER SIX FINAL PROVISIONS Article
  98. International Agreements
  99. If international agreements of the Republic of Lithuania which have been ratified by the Seimas of the Republic of Lithuania lays down regulations other than those established in this Law, the provisions of international agreement shall apply.
  100. Pursuant to the provisions of free trade agreements to which the Republic of Lithuania is a party, prior to initiating an investigation the Institution shall notify the Ministry for Foreign Affairs of the Republic of Lithuania of the received application requesting to conduct an investigation. I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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