ANTI-DUMPING LAW | Europaius

ANTI-DUMPING LAW REPUBLIC OF LITHUANIA ANTI-DUMPING LAW 23 June 1998 No. VIII-807 Vilnius Chapter I GENERAL PROVISIONS Article

Purpose of the Law The purpose of the Law is to create legal framework for the protection of Lithuanian producers against dumped imports. Article
Definitions As used in this Law:
Dumping means the sale of a product in Lithuania’s market at a price lower than the price of the like product in the exporter’s home market.
Dumped product means the product whose export price in the customs territory of the Republic of Lithuania is lower than the normal price of the like product.
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, except where otherwise provided by the international agreements to which the Republic of Lithuania is a party.
Customs border of the Republic of Lithuania means the boundary of the customs territory of the Republic of Lithuania coinciding with the state border of the Republic of Lithuania, except in cases where the international agreements to which the Republic of Lithuania is a party provide otherwise.
A like product means a product identical with or in all respects similar to the product under consideration, exported into the customs territory of the Republic of Lithuania. If there is no identical product, any other product possessing similar properties.
Normal value means the value of a like product (on the basis whereof dumping is established), calculated according to the price paid or due to be paid in the exporting country in the ordinary course of trade by independent consumers. If a like product is not manufactured in the exporting country or manufactured only for export, the normal value may be determined as the export price of products exported to third countries or as the production cost of the like product in the country of origin plus the costs of sales, general costs and administrative costs as well as the rate of profit. The normal value shall be determined upon assessing the differences in conditions of trade in the exporting country and in Lithuania.
Export price means the price actually paid or payable for the like product being sold for export into the customs territory of the Republic of Lithuania. If there is no export price or if the State Competition and Consumer Protection Office suspects that the export price is unreliable (because of association between the exporter and importer or a third party or because of the compensatory arrangement), the export price may be constructed on the basis of the price at which the imported product is first resold to the independent buyer. If the product is not resold to the independent buyer or not resold in the condition as imported, the export price may be determined by any other acceptable method.
The exporting country means the country of origin which exports the product or the intermediate country. However, the intermediate country shall not be considered as the exporting country if the product is only transported through the country or if the product is not manufactured in the country or if it is not possible to determine the normal value of the like product in the country.
The margin of dumping means the amount by which the normal value exceeds the export price.
Injury means material damage sustained by domestic producers because of dumping or the threat of material damage to domestic producers or the creation by dumping of obstacles to the establishment of the corresponding domestic industry.
Domestic producers means all the producers making the like products within the territory of the Republic of Lithuania or the producers whose output accounts for a large part of the production of the like products in the customs territory of the Republic of Lithuania as prescribed by paragraph 4 of Article 7 of this Law. The output of Lithuania’s domestic producers who are related to export businesses or import businesses or those who themselves import allegedly dumped product shall be excluded when determining whether the collective output of a certain group of producers constitutes the major part of the total production of the like product within the customs territory of the Republic of Lithuania. Neither shall the term “domestic producers” be applicable to them in such cases. By way of exception, when discussing the production of the like product, the customs territory of the Republic of Lithuania may be divided into two or more markets. Taken separately, the producers of the like product in each of the markets may be treated as domestic producers, provided: 1) producers located in a certain market sell therein at least 80% of like products of their manufacture; 2) the sales of the like product in the market by the producers located in the remaining part of the customs territory of the Republic of Lithuania are equal to zero or constitute less than 20% of the total amount sold in the market.
Anti-dumping duty means duty imposed on every undersold product whose introduction into the commerce in the customs territory of the Republic of Lithuania results in injury to domestic producers.
Temporary anti-dumping measures means temporary duties on imported products, the ensuring of the payment of temporary duties.
Temporary duty means duty that may be imposed on allegedly undersold product pending the final decision concerning the imposition of the anti-dumping duty.
The interested parties in the application of anti-dumping procedures are: 1) Lithuanian producers (potential producers including) of the like product or trade or business associations the greater part of whose members are Lithuanian producers of the like product; 2) the exporters, foreign producers or importers of the allegedly dumped product or trade or business associations the greater part of whose members are foreign producers, exporters or importers of the product; 3) the governments of the countries exporting allegedly undersold product; 4) Lithuanian consumers using allegedly dumped products for the manufacture of their products, also Lithuania’s non-production consumers’ associations.
Exporter means the economic entity located in the exporting country, which sells the like product to Lithuania’s natural or legal person or to any other economic entity without the rights of legal person, or who has concluded with any one of them a contract for the supply of such product.
Importer means the economic entity of the Republic of Lithuania who has purchased the like product from the foreign natural or legal person or any other economic entity without the rights of legal person, or has concluded with the foreign economic entity any other contract for the supply of the like product. Article
Determining the Dumping Investigation Procedure The procedure for determining the normal price and the export price, for comparing the prices, also for determining the margin of dumping, the amount of injury and for ascertaining which producers qualify as domestic producers, as well as investigation procedures within the territory of a foreign state shall be established by the Government of the Republic of Lithuania or its authorised state institution. Article
State Institutions Implementing the Law
The State Competition and Consumer Protection Office shall conduct investigation to establish dumping and determine injury, shall adopt decisions to restrict the scope of investigation and make selection, shall review the anti-dumping duties and price undertakings, shall work out and submit to the Competition Council proposals to adopt decisions on the conduct of investigation, on the imposition of temporary anti-dumping measures, on the acceptance, extension, modification or termination of price undertakings, on the suspension of investigation, on the conduct of reviews of anti-dumping duties and price undertakings, also on the imposition, extension, modification or revocation of anti-dumping duties and refund of the overpaid amount thereof.
The following decisions shall rest with the Competition Council: to conduct investigation for determining anti-dumping and injury; to apply provisional anti-dumping measures; to accept or reject, revise, extend, modify or terminate price undertakings; to suspend the investigation; to impose or refrain from imposing anti-dumping duties, to conduct the review of the duties, extend their application, modify or revoke the duties and refund the overpaid amounts of anti-dumping duties. Chapter II EVIDENCE OF DUMPING Article
Initiation of Investigation
An investigation to determine the existence of dumping, its degree and effect shall be initiated upon the receipt by the State Competition and Consumer Protection Office of a written application on behalf of the domestic producers. The contents of the application must be in compliance with the requirements laid down in Article 6 of this Law.
The application on behalf of the domestic producers may be filed by a natural or legal person or any other economic entity without the rights of legal person.
The Competition Council may initiate the investigation without having received the application specified in paragraph 1 hereof, provided the Office is in possession of sufficient evidence of dumping and injury to domestic producers (as specified in paragraph 1 of Article 6 of this Law). Article
Application Requesting Investigation of Dumping
An application requesting investigation of dumping must include evidence of dumping, injury and causal link between the dumped products and injury. The evidence shall be necessary in order to make a decision to initiate the investigation. The application must contain such information (as is reasonably available to the applicant) on the following: 1) full name and address of the applicant (for a legal person - name of the firm and registered address) and a description of the volume and value of the domestic production by the applicant in the customs territory of the Republic of Lithuania of the like product; 2) where the applicant’s production output is less than provided for in paragraph 4 of Article 7, the application shall identify on behalf of which domestic producers the application is filed by giving a list of all known Lithuanian producers of the like product (or associations of producers of the like product in Lithuania). The list shall also contain a description of volume and value of domestic production in the customs territory of the Republic of Lithuania of the like product accounted for by such producers; 3) description of the allegedly dumped product; 4) the names of the countries of origin or export in question and a list of known foreign producers or exporters of the like product into the customs territory of the Republic of Lithuania as well as importers; 5) information required for determining the normal value of the product on the basis of selling price in the domestic markets of the country of origin and/or export of the allegedly dumped product, or where, in the applicant’s opinion, the normal value of the product should be determined by other methods specified in paragraph 6 of Article 2 of this Law - information necessary to determine the normal value according to the appropriate method; 6) information necessary to determine the export price; 7) information on the evolution of the volume of the allegedly dumped imports within the period specified in paragraph 3 of Article 10 of this Law, the effect of these imports on prices of the like product in Lithuania’s market and the impact of the imports on the domestic producers.
Pending the decision to conduct investigation, the application for the investigation of dumping must not be publicised, except for the notice pursuant to paragraph 3 hereof.
After receipt of the properly documented application as prescribed by paragraph 1 hereof, the State Competition and Consumer Protection Office shall, before proceeding to initiate the investigation, notify the government of the exporting country concerned. Article
Examination of the Application
After receipt of the application to investigate the existence of dumping, the State Competition and Consumer Protection Office shall, within 30 calendar days following the receipt thereof, investigate the accuracy of the information presented in the application and its compliance with the requirements laid down in paragraph 1 of Article 6 of this Law and shall submit proposals to the Competition Council to act on the application or to reject it.
If the natural or legal person or any other economic entity without the rights of legal person who filed the application accounts for a smaller part of total production of the like product than prescribed by paragraph 4 hereof, the State Competition and Consumer Protection Office shall within 30 days from the receipt of such application question in writing the domestic producers of the like product whether or not they support the application.
No investigation shall be initiated when it is established upon the examination of the application and after having questioned domestic producers, that: 1) the application has been filed not on behalf of the domestic producers, since under the conditions stipulated in paragraph 4 hereof it is supported by an insufficient number of domestic producers; 2) the evidence of dumping and injury presented in the application is insufficient; 3) according to paragraph 5 hereof, the margin of dumping and/or the volume of allegedly dumped imports (actual or potential) is negligible.
The application shall be considered to have been made on behalf of the domestic producers, if it is supported by those domestic producers whose output constitutes more than 50% of the total production of the like product produced by that portion of domestic producers expressing either support for or opposition to the application, whereas the domestic producers expressly supporting the application account for 25% and over of total production of like product produced by domestic industry.
The margin of dumping shall be considered to be de minimis if this margin is less than 2%, expressed as a percentage of the export price. The volume of allegedly dumped imports shall be regarded as negligible if it satisfies at least one of the conditions specified below: 1) the volume of dumped product under consideration which is imported from a particular country accounts for less than 3% of imports of the like product in Lithuania, unless countries which individually account for less than 3% of the imports of the like product in Lithuania collectively account for over 7% of imports of the like product in Lithuania; 2) the volume of the product under consideration imported from a particular country accounts for less than 1% of the volume of the market, unless foreign countries collectively account for 3% or more of the like product consumed in the customs territory of the Republic of Lithuania. Article
Taking a Decision to Initiate Investigation
After receiving the proposal of the State Competition and Consumer Protection Office to act on or to reject the submitted application and having considered whether or not the proposal is justified, the Competition Council shall take an appropriate decision. The decision must be taken within 45 calendar days after the filing with the State Competition and Consumer Protection Office of the application for initiation of investigation to determine the existence of dumping.
If the application meets the requirements of paragraph 1 of Article 6 of this Law and none of the conditions stipulated in paragraph 3 of Article 7 is satisfied, the Competition Council shall take a decision to initiate investigation. Otherwise the application shall be rejected.
After the Competition Council takes a decision to initiate investigation, the State Competition and Consumer Protection Office must give a public notice to the effect in the “Valstybës þinios” (Official gazette) according to the procedure prescribed by paragraph 3 of Article 36 of this Law and notify the known parties concerned and persons who filed the application for the investigation of dumping, while the text of the application must be provided to all known exporters of the product under consideration and to the governments of the exporting countries. If the excessive number of exporters makes it impossible to provide the text of the application to all of them, it may be made available only to the authorities of the exporting countries or the relevant trade and business associations.
The investigation shall not suspend or restrict the import procedures of the allegedly dumped product.
The State Competition and Consumer Protection Office must notify the applicant of the Competition Council’s decision to reject the application within 45 calendar days from the filing thereof. Article
Duration of the Investigation Where feasible, the investigation must be concluded within one year. In no case may it last more than 15 months after the day the decision to initiate investigation enters into force. Article
The Course of the Investigation
After the Competition Council takes a decision to initiate investigation, the State Competition and Consumer Protection Office shall provide all known interested parties with questionnaires with a notice of the information required for investigation purposes.
The interested parties receiving questionnaires must be given at least 30 calendar days (counted from the day of the receipt of the questionnaire) for reply. The exporter shall be deemed to have received the questionnaire within a week from its sending or transmission to the diplomatic representative of the appropriate exporting country. If the interested party which has received a questionnaire indicates special cause for its inability to reply by the due date, the State Competition and Consumer Protection Office, upon considering the time given for investigation, may grant an extension of the period allotted for reply.
As a general rule, the investigation shall be conducted on the basis of information covering an at least 6 months period before the decision to initiate investigation. Information related to the period following the adoption of the above decision shall not be considered.
Only information provided in writing shall be used in the course of investigation, therefore the interested parties, wishing that their oral comments be taken into account, must reproduce them in writing.
Where the applicant and the exporter present conflicting information or in other similar cases the State Competition and Consumer Protection Office may address the governments of the countries connected with the investigation in question requesting agreement to investigation being conducted in their territory and, upon being given the consent of the authorities and the enterprises concerned, conduct the investigation. The procedures of investigation conducted in the territory of another country shall be established pursuant to Article 3 of this Law by the Government or the Republic of Lithuania or its authorised institution.
In cases where the interested party refuses to provide the necessary information or does not provide it within a reasonable period or provides only a part of the information, or where it is established that the interested party provided incorrect information, the incorrect information shall be excluded and determinations shall be made on the basis of the provided information and facts available to the institutions implementing the Anti-dumping Law. The State Competition and Consumer Protection Office must notify the interested parties in writing of the consequences of the failure to provide information, or belated provision of information or provision of incorrect information. However, the provided information shall not be rejected because of minor verifiable inaccuracies which do not impede the use of information, provided the interested party has tried by all practicable means to provide adequate information.
Failure to submit information when it is required in electronic form shall not be treated as avoidance of information provision provided the interested party proves that provision of information in the required form would be an additional burden or result in extra costs.
Where the evidence or information is not accepted, the interested party submitting it must be notified of the reasons for non-acceptance and provided conditions to give an explanation within a period indicated in the notice. If the comments are found insufficient, the reasons for the refusal to accept evidence or information must be specified in the decisions listed in paragraph 2 of Article
If the decisions are based on the provisions of paragraph 6 hereof, circumstances permitting, the information used must be verified, compared with the information received from other accessible independent sources or other interested parties.
Upon filing an application all interested parties may receive the investigation-related information provided by other interested parties and used in the investigation, including the text of the application for the investigation of the existence of dumping. The information must be used in compliance with the requirements for the confidentiality of information prescribed by Article 38 of this Law. Interested parties may present comments on the provided information, however, only the explanation substantiated by evidence shall be taken into account.
The interested parties which filed written applications must be heard out by the institutions conducting the investigation.
If the interested parties so desire, the State Competition and Consumer Protection Office shall arrange consultations of the interested parties with those parties with adverse interests. During the consultations opposing views may be presented and rebuttal arguments may be offered, but there shall be no obligation on any party to attend the consultations.
The State Competition and Consumer Protection Office shall have the right to obtain from Lithuania’s public authorities and municipal institutions as well as economic entities connected with the investigation in progress information, documents relating to business and financial activities, written explanatory statements of managers and other workers required for the conduct of the investigation. Article
Requirement to Determine the Margin of Dumping In the course of the investigation an individual margin of dumping must be determined for each known exporter of the product under investigation, except in cases specified in Article 12 of this Law. Article
Limitation of the Scope of the Investigation
Where the number of exporters, importers, types of products or contracts the subject whereof is the product under investigation is so large as to make the determination of the dumping margin for each known exporter impracticable, the scope of the investigation may be limited on the decision of the State Competition and Consumer Protection Office.
The investigation may be limited as follows: 1) by limiting the examination to a reasonable selection of exporters, importers, types of products or contracts that can be examined within the investigation period; b) by limiting the examination to the largest volume of exports from the country in question which can reasonably be investigated.
The selection of exporters, importers, products or contracts specified in subparagraph 1 of paragraph 2 hereof must be statistically valid on the basis of information available at the time of the investigation. The decision concerning the selection shall rest with the State Competition and Consumer Protection Office. Any selection shall preferably be chosen in consultation with the interested parties who send a notice of themselves within 3 weeks prior to the initiation of investigation and submit information sufficient for making a typical selection as well as voicing their consent thereto.
An individual margin of dumping must be determined to the exporters not initially selected who submit the necessary information in time for that information to be considered during the course of the investigation, except where the number of exporters is so large that individual examinations would be unduly burdensome for the investigation and would prevent its timely completion. Article
Final Determination of the Competition Council
Before the Competition Council reaches the final determination, the State Competition and Consumer Protection Office must provide opportunities for all the interested parties, in the manner prescribed by paragraphs 2, 3, 4, 5 and 6 of Article 37 of this Law, to get access to information concerning the essential facts which form the basis for the decision whether or not to apply the anti-dumping duty.
The Competition Council, governed by the requirements of Articles 24 and 25 of this Law and acting on the basis of information collected in the course of the investigation which has been examined by the State Competition and Consumer Protection Office as well as the submitted proposals, shall reach the final determination whether or not to apply the anti-dumping duty and shall assess the amount of the duty.
After the Competition Council reaches the final decision whether or not to impose the anti-dumping duty, the State Competition and Consumer Protection Office must make a public notice to that effect in the manner prescribed by Article 36 of this Law. Article
Completion of Investigation The investigation shall be completed after: 1) the margin of dumping, the injury and their causal link are determined, the final decision to impose anti-dumping duty is reached and the amount of the duty is assessed; 2) the final decision not impose the anti-dumping duty is reached, due regard having been paid to the margin of dumping and injury as well as the interests of the Lithuanian state; 3) the Competition Council reaches the decision not to impose the anti-dumping duty if a negative determination of dumping or injury is made during the investigation, or if the margin of dumping is de minimis or the volume of dumped imports is negligible, as defined in paragraph 5 of Article 7 of this Law; 4) the person who filed the application for the investigation of dumping withdraws his application and the Competition Council decides that the termination of investigation and decision not to apply anti-dumping measures is in the interests of the Lithuanian state as defined in paragraph 2 of Article 24 of this Law. Chapter III PROVISIONAL ANTI-DUMPING MEASURES AND THEIR APPLICATION Article
Conditions for the Application of Provisional Duties In the course of investigation provisional duty may be applied to allegedly dumped imports provided all the following conditions are satisfied: 1) a public notice has been given of the initiated investigation in the manner prescribed by paragraph 3 of Article 36 of this Law and interested parties have been given adequate opportunities to submit information and make comments; 2) a preliminary affirmative determination has been made of dumping and injury; 3) the Competition Council judges provisional duty necessary to prevent injury being caused by dumping during the investigation. Article
Taking a Decision to Impose a Provisional Duty
The decision to impose a provisional duty shall rest with the Competition Council which shall also assess the amount of the duty.
The amount of the provisional duty must not be greater than the provisionally estimated margin of dumping and lower than it, if a duty lower than the estimated margin of dumping margin would be sufficient to remove injury to the domestic producers.
When the Competition Council resolves to impose a provisional duty, the State Competition and Consumer Protection Office must make a public notice to the effect in the manner specified in paragraph 4 of Article 36 of this Law.
Provisional duty shall not be applied sooner than 60 calendar days and later than after 9 months from the date of coming into effect of the decision to initiate the investigation. Article
Application of Provisional Duties
The application of provisional duty shall be limited to a period of 6 months with a possible extension granted on the decision of the Competition Council and with the consent of the exporters of the allegedly dumped product whose exports into the customs territory of the Republic of Lithuania represent at least 1/2 of the total imports of the product into the customs territory of the Republic of Lithuania. With the exporter’s consent the provisional duty may from the outset be imposed for a period of 9 months.
The provisional duty may be applied only with respect to those like products which are introduced into the commerce in the customs territory of the Republic of Lithuania from the day of entry into force of the decision to impose the duty. Article
Security for Provisional Duty After the Competition Council takes a decision to impose the provisional duty, the like products shall be introduced into the commerce only provided the provisional duty has been paid or the Customs has been given a security guaranteeing the payment thereof. The security shall be given in the manner established in the Customs Code of the Republic of Lithuania. The amount of the security shall be assessed by the Customs. The provisional duty must be paid or collected according to the procedure prescribed by the Customs Code of the Republic of Lithuania. Chapter IV PROCEDURES OF ACCEPTING PRICE UNDERTAKINGS Article
Acceptance of Price Undertakings
In the course of the investigation any exporter of allegedly dumped product may voluntarily or on the proposal of the State Competition and Consumer Protection Office undertake to increase its prices or cease exports of the product. Yet no exporter shall be forced to enter into such an undertaking.
Price increases under the undertaking specified in paragraph 1 shall not be higher than necessary to eliminate the margin of dumping but less than the margin of dumping if such an increase would be sufficient to remove the injury to the domestic producers.
Price undertakings shall not be accepted from the exporter unless there is a preliminary or final affirmative determination of dumping and injury to the domestic producers.
The exporter’s price undertaking offered after the expiry of the period specified in paragraph 6 of Article 37 of this Law shall not be accepted except in cases where due to special circumstances arising in Lithuania’s economy or for the exporter the Competition Council decides to accept the undertaking.
The Competition Council may refuse to accept the offered price undertaking if it considers its acceptance impracticable due to the excessive number of actual or potential exporters or for any other reasons, including the state policy reasons. In such cases, where practicable, the exporter must be provided the reasons which led to the refusal to accept the undertaking and must be given an opportunity to make comments thereon. The Competition Council shall not be required to take the comments into account. Article
Actions Following the Acceptance of a Price Undertaking
Except in cases provided for in paragraph 2 hereof, the investigation shall be suspended on the decision of the Competition Council if, upon receipt of a price undertaking, the Council determines that the undertaking is adequate to remove the injury to the domestic producers whereof a preliminary or final determination is made.
Even though the exporter’s price undertaking is accepted, the investigation may proceed if the exporter so desires or the Competition Council so decides. If, due to the limited character of the available information the Competition Council suspects the undertaking is insufficient to eliminate dumping or injury, it may take a decision not to suspend the investigation.
Upon the suspension of the investigation the computation of its duration shall also be stopped.
In the case specified in paragraph 2 hereof, if the price undertaking has been accepted on the preliminary determination of the dumping margin, whereas the subsequent investigation has resulted in a negative determination of dumping or injury which conclusion has also been reached by the Competition Council, the exporter’s price undertaking shall become invalid. Yet the undertaking must be left in force should it be established that the removal of dumping or injury has been conditioned by the accepted price undertaking or where there has been a final determination of dumping or injury.
Should the Competition Council suspend the investigation upon accepting the exporter’s price undertaking, the State Competition and Consumer Protection Office must make a public notice to the effect in the manner prescribed by Article 36 of this Law. Article
Supervision of Fulfilment of Price Undertakings After the Competition Council accepts the exporter’s price undertaking, the State Competition and Consumer Protection Office shall have the right to require that the exporter provide, according to the schedule drawn up by the Office, information relevant to the fulfilment of the undertaking and permit the Office verification of the pertinent data and documents. Non-compliance with the requirements shall be tantamount to the violation of the undertaking. Article
Failure to Fulfil a Price Undertaking
If upon the acceptance of a price undertaking the investigation has not been suspended but has been completed and a final affirmative determination of dumping, injury and causality has been made, violation or withdrawal of the price undertaking shall result in a decision to impose the anti-dumping duty taken in compliance with the provisions of Articles 24 and 25 of this Law. Before imposing the anti-dumping duty, the exporter must be provided an opportunity to give explanations, except in the case where he has himself withdrawn the price undertaking.
In the event of a violation or withdrawal of the price undertaking, if the investigation has been suspended upon the acceptance thereof, provisional anti-dumping measures may be expeditiously applied and investigation may be resumed on the basis of the available information and in compliance with the provisions of Article 15, paragraphs 1, 2,and 3 of Article 16, Articles 17 and 18 of this Law.
In the event of violation or withdrawal of the price undertaking, the anti-dumping duty may only be applied to products introduced into the commerce in the customs territory of the Republic of Lithuania not more than 90 calendar days before the beginning of application of the provisional measures under paragraph 2 hereof, but not prior to the violation or withdrawal of the undertaking. Article
Validity of the Price Undertaking An accepted price undertaking must be maintained until it is necessary for the elimination of dumping with an injurious effect on domestic producers, but for not longer than 5 years from the day of entry into force of the decision to accept the price undertaking or, if reviews have been subsequently undertaken (pursuant to the provisions of Chapter VI of this Law), after the end of the last day of the review, according to the provisions of paragraph 3 of Article 32 of this Law, in the course whereof the necessity of the price undertaking for the elimination of dumping and injury was established. Chapter V THE ANTI-DUMPING DUTY AND ITS APPLICATION Article
Application of the Anti-dumping Duty
If an affirmative determination of dumping and injury to domestic producers is reached in the course of the investigation and it is established that the application of the anti-dumping duty is in the interests of the Lithuanian state, the Competition Council shall take a resolution to apply the anti-dumping duty. Upon its approval by the Ministry of Economy, the resolution shall enter into force on the next day after the publication in the “Valstybës þinios” (Official Gazette). The information specified in paragraph 6 of Article 36 shall be presented in the resolution.
When determining whether or not the application of the anti-dumping duty is in the interests of the Lithuanian state, all diverse interests must be assessed, including the interests of domestic producers and product consumers. They may be assessed only provided all economic entities specified herein have been provided opportunities to give their opinion within the time period specified in the resolution to initiate the investigation. Special attention must be given to removing the effect of dumping on the market and restoring fair competition.
The anti-dumping duty shall be applied to all exporters whose imports dumped in the customs territory of the Republic of Lithuania have an injurious effect on the domestic producers, except the exporters whose price undertakings have been accepted under Article 19 of this Law.
If, under paragraph 11 of Article 2 of this Law, the domestic producers of the like product are producers located in a certain area of the customs territory of the Republic of Lithuania, the anti-dumping duty may be imposed provided in the course of the investigation the exporters have been given an opportunity to make an undertaking of price increases or cease the export of the product at dumped prices to the specific area of the customs territory of the Republic of Lithuania. If the exporter fails to timely offer an adequate price undertaking or violates the undertaking (as specified in paragraphs 1 and 2 of Article 22), the anti-dumping duty and in the case specified in paragraph 2 of Article 22 of this Law - provisional duty may be applied in respect of all imports of the product at dumped prices to the entire customs territory of the Republic of Lithuania. Article
The Amount of the Anti-dumping Duty
The amount of the anti-dumping duty shall be determined individually to each exporter in the decision to impose the anti-dumping duty. In case there are several exporters in the exporting country and it is impracticable to determine the amount of duty for each individual exporter, the amount of duty in the decision to impose the anti-dumping duty shall be determined for the exporting country.
The assessed amount of the anti-dumping duty must be adequate to remove the injury to domestic producers, but not in excess of the dumping margin finally determined in the course of investigation.
Where the investigation has been limited under Article 12 of this Law, the anti-dumping duty applied to exporters whose exports were not included in the examination and in respect of whom individual dumping margins have not been determined, the anti-dumping duty must not be in excess of the weighted average margin of dumping calculated on the basis of examination data. In this case the negligible margin of dumping (pursuant to subparagraph 3 of paragraph 3 of Article 7 of this Law) and variations determined under the circumstances specified in paragraph 6 of Article 10 of this Law must not be taken into account. An individual amount of duty must be determined to exporters in respect of whose products an individual margin of dumping has been assessed under paragraph 4 of Article 12 of this Law, except where the amount of dumping is determined for the exporting country. Article
Review in Order to Determine the Individual Margins of Dumping for the Entities which Were not Exporting during the Investigation
If a product is subject to anti-dumping duties, the State Competition and Consumer Protection Office shall carry out a review for the purpose of determining individual margins of dumping for exporters in the exporting country in question who have not exported the product to the customs territory of the Republic of Lithuania during the period of investigation. The review shall be carried out on the decision of the Competition Council, provided that these exporters show that they are not related to any of the exporters or producers in the exporting country who are subject to the anti-dumping duty and who exported the product to the customs territory of the Republic of Lithuania upon the completion of the investigation or unless they can provide evidence that they have an irrevocable contractual obligation to export a large amount of the product in question to the customs territory of the Republic of Lithuania.
The review period must last not longer than 12 months.
Unless this Article provides otherwise, the requirements prescribed for the conduct of investigations by Articles 7, 8, 10, 11, 13 and 14 must be applied in respect of review procedures and evidence.
No anti-dumping duty shall be levied on imports from the exporters specified in paragraph 1 hereof while the review is being carried out.
The Competition Council may request that the importers importing products from the exporters specified in paragraph 1 hereof provide a security to the Customs to ensure the payment of the duty should there be a determination of dumping in respect of such exporters and should anti-dumping duties be levied retroactively to the date of the initiation of the review.
The Article shall not be applicable in the cases specified in paragraph 3 of Article 25 of this Law. Article
Initiation of the Anti-dumping Duty Application The anti-dumping duty may be applied only to products which are introduced into the commerce in the customs territory of the Republic of Lithuania after the time when the decision to levy the duty enters into force, subject to the exceptions set out in Article 28 of this Law. Article
Retroactive Application of the Anti-dumping Duty
The anti-dumping duty may be levied on like products imported during the period of application of provisional measures, confirming or reassessing the amount of the provisional duty in case such has been levied and provided that there is a final determination of injury or of threat of injury which has been avoided only through the application of provisional measures. This paragraph must not limit the application of paragraph 5 of this Article. 2.If in the event specified in paragraph 1 hereof the anti-dumping duty, payable for the period of application of provisional measures, is determined higher than the provisional duty paid or payable, the difference shall not be collected. If the anti-dumping duty is lower than the provisional duty levied, the duty must be recalculated and the overpaid amount reimbursed.
Where the anti-dumping duty is not imposed it shall not be applied for the period of provisional measure application either.
If the anti-dumping duty is not imposed within the provisional measure application period, the provisional duty paid for the period must be refunded, whereas the security given to the Customs must be renounced (the cash deposit must be refunded and any bonds related to provisional measure application must be released). The paid provisional duty shall be refunded according to the procedure established in paragraph 9 of Article
The anti-dumping duty may be levied on products which were introduced into the commerce in the customs territory of the Republic of Lithuania not more than 90 days prior to the date of application of provisional measures but not before the initiation of an investigation, once it is established that all the following conditions are satisfied: 1) an investigation of dumping has been conducted in respect of the importers examined in Lithuania and elsewhere, in the course whereof it has been determined that the exporter practices an injury causing dumping or that the importer was or should have been aware of the fact that the exporter practises dumping which could cause injury; 2) a massive growth in imports has been determined which in light of the volume, timing and other circumstances (such as a rapid build-up of inventories of the imported product) is likely to seriously undermine the remedial effect of the intended anti-dumping duty; 3) the importers have been given an opportunity to comment prior to the taking of the decision to apply the anti-dumping duty. Article
Refund of the Anti-dumping Duty
The importer may request a refund of the full amount or part of the anti-dumping duty paid in the event of liquidation or reduction of the margin of dumping on the basis whereof the anti-dumping duty was imposed.
Requesting a refund of the duty paid which is in excess of the dumping margin specified in paragraph 1 hereof, the importer must file an application with the State Competition and Consumer Protection Office. The application must be filed within 6 months after the day it was decided during the provisional measures application period to impose the anti-dumping duty or after the day of expiry of validity of the imposed anti-dumping duty.
The application for the refund of duty must be accompanied by: 1) information concerning the amount of the anti-dumping duty subject to refund; 2) evidence related to the exporter in respect of whom the duty is applied, the normal value of the product in question and the export price during the period in question; 3) if the importer is not related to the exporter and is not in the position to promptly obtain the information specified in paragraphs 1 and 2 hereof or where the exporter is not willing to transmit the information to the importer - the exporter’s confirmation that the margin of dumping has been reduced or that the margin of dumping is zero and that the related evidence will be presented to the State Competition and Consumer Protection Office.
Customs declarations and other documents relating to the calculation and payment of the refundable amount of the anti-dumping duty must be attached to the application.
If within 2 months from the filing of the application for the refund of the anti-dumping duty the exporter fails to present the confirmation that the margin of dumping has been reduced or is zero and, the relating evidence, the importer’s application shall be rejected.
The Competition Council must decide whether or not to grant the application and refund the anti-dumping duty or part thereof. If it is decided to refund the anti-dumping duty or part thereof, the Competition Council must assess the refundable amount.
The Competition Council may decide to carry out a provisional review based on which a decision shall be taken to refund the anti-dumping duty or to refuse to grant the application.
The Competition Council must decide whether or not to refund the anti-dumping duty within 12 months from the filing of the application specified in paragraph 3 hereof. The refundable amount must be reimbursed not later than within 90 calendar days after the coming into force of the decision to refund it.
The anti-dumping duty shall be refunded with the funds received from the collection of duties and taxes by the territorial Customs in the zone of whose activity the economic entity is registered. The revenue of other territorial Customs collected from duties and taxes may also be used for refunding the anti-dumping duty according to the procedure established by the Customs Department at the Ministry of Finance of the Republic of Lithuania.
In the cases not specified in paragraph 1 hereof the anti-dumping duty shall be refunded in accordance with the provisions of the Customs Code of the Republic of Lithuania. Article
Duration of the Anti-dumping Duty An anti-dumping duty shall remain in force only as long as necessary to counteract dumping which is causing injury to the domestic producers, but not longer than 5 years from the entry into force of the decision to impose the duty or, if reviews were undertaken thereafter pursuant to provisions of Chapter VI of this Law, from the day of completion of the last review of the anti-dumping duty application in the course whereof it was determined that the continued imposition of the duty was necessary to offset the dumping and eliminate the injury caused by it, with due regard paid to paragraph 3 of Article 32 of this Law. Chapter VI REVIEWS OF THE IMPOSITION OF THE ANTI-DUMPING DUTY AND PRICE UNDERTAKING Article
Initiation of Reviews of the Imposition of the Anti-dumping Duty and Price Undertaking
The imposition of the anti-dumping duty and the price undertaking shall be reviewed: 1) at the close of the 5-year period in the course of which the anti-dumping duty or the price undertaking remained in force as determined in accordance with Articles 23 and 30 of this Law, on the initiative of the Competition Council or upon the request by domestic producers on the substantiation that the removal of the anti-dumping duty or price undertaking would condition the continuation or recurrence of dumping and injury and requesting a continuous imposition or duration of anti-dumping or price undertaking respectively; 2) on the request by the domestic producers, substantiating the need for a review by the allegation that the amount of the imposed anti-dumping duty or the price undertaking is not sufficient to remove the injury. The request may be filed not earlier than 12 months after the day of entry into force of the decision to impose the anti-dumping duty or to accept a price undertaking, except for the case provided for in subparagraph 5 of paragraph 1 hereof; 3) upon the request by the exporters or importers of the product substantiating the need for a review by the allegation that the anti-dumping duty or the price undertaking are no longer necessary to offset or eliminate the margin of dumping and to remove the injury or maintaining that the amount of the anti-dumping duty or the price undertaking must be reduced. The request may be filed not earlier than 12 months after the coming into force of the decision to impose the anti-dumping duty or accept the price undertaking; 4) on the initiative of the Competition Council, substantiating the need for a review by the allegation that the amount of the imposed anti-dumping duty or the price undertaking is not sufficient to remove the injury or that the maintenance of the anti-dumping duty or price undertaking are no longer necessary; 5) on the request by the domestic producers, substantiating the need for a review by the contention that the imposition of the anti-dumping duty or acceptance of a price undertaking has not resulted in an increase in the product’s selling prices in the customs territory of the Republic of Lithuania or that the increase in the prices has been insufficient. The application may be filed not earlier than at the close of 4 months after the day of coming into force of the decision to impose the anti-dumping duty or accept a price undertaking. In this case the duration of the review must not exceed 6 months.
The request by domestic producers to review the application of the anti-dumping duty or price undertaking must be filed not later than 3 months before the expiry of the 5-year period the anti-dumping duty or the price undertaking remained in force.
The request to review the imposition of the anti-dumping duty or the price undertaking must be substantiated and based on evidence.
The Competition Council must take a decision to review the imposition of the anti-dumping duty or the price undertaking not later than 2 months before the date of expiry of the 5-year period the anti-dumping duty or the price undertaking remained in force.
Not earlier than 12 months and not later than 8 months before the expiry of the 5-year period from the imposition of the anti-dumping duty or acceptance of the price undertaking the State Competition and Consumer Protection Office must publish a public notice in the “Valstybës þinios” informing of the close expiry of the above period. If no extension of the period is granted, the State Competition and Customer Protection Office must also make a public notice to the effect in the “Valstybës þinios” and notify all known interested parties thereof. Article
The Anti-dumping Duty Imposition and Price Undertaking Review Procedures
Unless this Chapter provides otherwise, the requirements of Articles 7, 8, 10, 11, 12, 13 and 14 of this Law must be applied in respect of the review procedures of the anti-dumping imposition and price undertaking.
The review of the anti-dumping duty imposition or price undertaking must not last longer than 12 months, except in the case specified in subparagraph 5 of paragraph 1 of Article 31 of this Law.
The amount of the anti-dumping duty or the price undertaking must remain unchanged pending the termination of the review. Where under Articles 23 or 30 of this Law the duration of the anti-dumping duty or price undertaking would expire in the course of the review, the above measures must remain in force pending the termination of the review. Yet this shall not limit the possibilities of continuous imposition of the said measures under Articles 23 and 30 of this Law or the continuous application of the provision of paragraph 6 hereof should it be established in the course of the review that the application of anti-dumping duty or price undertaking is necessary in order to offset or eliminate the margin of dumping and remove the injury to domestic producers.
The amount of the anti-dumping duty and/or the price undertaking must be reduced to zero and applied pending the termination of the above measures as specified in Articles 23 and 30 of this Law, if the performed review shows that the removal of anti-dumping duty or discharge of the exporter from the price undertaking will eliminate the need to offset or eliminate the margin of dumping or that dumping will not be injurious to domestic producers.
The amount of the anti-dumping duty or the price undertaking must be reduced accordingly provided the review shows that the reduction of the amount of anti-dumping duty or the price undertaking will eliminate the need to offset or remove the margin of dumping or that dumping will not be injurious to domestic producers.
If the performed review shows that the accepted price undertaking is not sufficient to eliminate the injury, the exporter’s additional price undertaking may be accepted or anti-dumping duty may be imposed, and in case the imposed anti-dumping duty is insufficient to remove the injury, it may be increased without prejudice to the provisions of Articles 24 and 25 of this Law. Chapter VII CIRCUMVENTION OF THE IMPOSED ANTI-DUMPING DUTY Article
Cases of Circumvention of the Imposed Anti-dumping Duty
The imposed anti-dumping duty shall be circumvented when the two following conditions are satisfied: 1) there is the obvious presence of practice, process and actions changing the trade between the third countries and Lithuania, for which there are no other sufficient reasons or economic substantiation except the imposition of the anti-dumping duty; 2) there is evidence that the beneficial effect of the duty is being reduced (this transpires from the examination of export prices and/or volume of export of the like products) and there is obvious dumping compared to the normal price of the product in respect of which the anti-dumping duty is imposed.
The product assembly operations in the customs territory of the Republic of Lithuania or in the third country shall be considered as circumvention of the anti-dumping duty, provided the following conditions are satisfied: 1) the operations started or their number markedly increased upon or before the initiation of investigation of dumping and, while the parts for assembly are imported from countries in respect of which anti-dumping duty is imposed, in the opinion of the institutions implementing this Law, the commencement of the operations may be linked to the initiation of investigation; 2) the effect of injury elimination which is sought by imposing the anti-dumping duty is reduced by the increase in the volume of the assembled like product or price reduction which presents an obvious case of dumping, compared to the earlier assessed normal value of the product in respect of which the anti-dumping has been imposed; 3) the imported components account for at least 60% of the total value of the assembled product.
Even if all the conditions set out in paragraph 2 hereof are satisfied, there shall be no circumvention of anti-dumping duty if the added value of the assembly or completion operations of the imported components (operations necessary for the finishing of the basically manufactured product) accounts for over 25% of production costs. Article
Actions in Cases of the Imposed Anti-dumping Duty Circumvention
Where the anti-dumping duty is circumvented, the duty may be imposed on the imports from the third countries of the like products or their components.
In case of anti-dumping duty circumvention the investigation regarding the imposition of anti-dumping duty in respect of third countries may be initiated upon the receipt by the State Competition and Consumer Protection Office of the application filed on behalf of the domestic producers. The application must contain sufficient evidence that the conditions established in paragraph 1 of Article 33, based whereon the Competition Council decides to conduct the investigation, are satisfied.
The duration of the investigation may not exceed 9 months.
The requirements of Articles 7, 8, 10, 13 and 14 must be complied with when conducting the investigation and seeking to prove cases of circumvention of the anti-dumping duty; information on the investigation and the adopted decisions regarding the duties applicable in cases of dumping must be provided according to the provisions of Chapter IX. Chapter VIII APPEALING AGAINST THE DECISIONS TO APPLY ANTI-DUMPING MEASURES Article
Appealing against the Decisions of the Competition Council
If the interested party objects to the decisions of the Competition Council to impose or refuse to impose the anti-dumping duty and the decision to accept the price undertaking, or with the decisions taken after conducting the reviews pursuant to the provisions of Chapter VI of this Law or objects to the actions of the institutions implementing this Law, which are related to the taking of the above decisions, it may apply to the Supreme Dispute Settlement Commission in the manner prescribed by the Government of the Republic of Lithuania. If the interested party objects to the decision of the Commission, it may appeal against the decision to the county court.
If, prior to taking the decision, the Competition Council rejects the claims filed by the interested party or fails to respond thereto, or if the interested party is not notified prior to the taking of the decision as provided for in Chapter IX of this Law, the interested party shall have the right to appeal against the decision.
If the claims of the interested party are rejected, appeals may be lodged within 2 months from the coming into force of the final decision of the Competition Council, or within 6 months from the coming into force of the final decision if the interested party has not been duly informed.
Unless the county court establishes otherwise, appealing against the decisions of the Competition Council shall not suspend the implementation of the decision. Chapter IX NOTIFICATION Article
Notice of Decisions
The State Competition and Consumer Protection Office must give a public notice of the decision taken by the Competition Council.
“Valstybës þinios” (Official Gazette) shall publish the following decisions of the Competition Council: 1) on the initiation of investigation; 2) on accepting or rejecting a price undertaking; 3) on suspension of investigation; 4) on imposing the provisional duty; 5) on imposing the anti-dumping duty, including its retroactive imposition, or refusal to impose the duty; 6) on conducting a review of the anti-dumping duty application or the price undertaking; 7) on extending after the review the period of the anti-dumping duty application and the validity of the price undertaking, on determining a new amount of the above measures or on terminating their application; 8) on completing the investigation; 9) on refunding the anti-dumping duty.
After the Competition Council decides to initiate the investigation or to carry out a review of the anti-dumping duty application and the price undertaking, a public notice to the effect must be given in the “Valstybës þinios” accompanied by the following information: 1) the name of the exporting country or countries; 2) the name of the product in respect whereof investigation or review is conducted; 3) the date of investigation or review initiation; 4) evidence in support of the allegation of dumping (in case of the application for the investigation of dumping) or of the allegation of changes in the volume of dumping (in case of the application for review); 5) a summary of evidence on which the allegation of injury or changes in the volume of injury is based; 6) the address to which information should be directed; 7) the time-limits allowed to interested parties for making their representations.
A decision to impose the provisional duty must contain, due regard being paid to the requirements for the confidentiality of information: 1) the names of the exporters or, where this is impracticable, the names of the exporting countries; 2) a detailed description of the product which is sufficient for its classification in accordance with the Combined Customs Tariffs and Foreign Trade Statistical Nomenclature as well as the code of the product in the Nomenclature; 3) the determined margin of dumping and explanation of the choice of methodology used in the determination of the export price, the normal value and the margin of dumping; 4) evidence on the basis whereof injury is determined; 5) the main reasons leading to the decision, including facts and legal acts as well as their provisions, pursuant to which the arguments presented by the interested parties were either accepted or rejected.
The decision on the acceptance or rejection of the price undertaking must contain all relevant information on matters of fact and law and reasons which have led to the adoption of the decision. If the decision to accept the price undertaking completes the investigation, the decision must in particular contain, due regard being paid to the requirements of confidentiality, the information described in paragraph 4 hereof, justification of decisions adopted pursuant to paragraph 4 of Article 12 of this Law and reference to the publicly available document containing the non-confidential part of the accepted of price undertaking. The latter document must be kept with the State Competition and Consumer Protection Office.
The decision to impose the anti-dumping duty, including its retroactive imposition, shall determine the method of the anti-dumping duty calculation, specify the amount of the duty and set out other requisite parameters as well as providing the information prescribed by paragraph 4 hereof, justification of decisions taken under paragraph 4 of Article 12 of this Law and, where a price undertaking has been offered - the reasons for the acceptance or rejection thereof.
The decision to complete the investigation following the final decision not to impose the anti-dumping duty (taking into account dumping and injury to domestic producers as well as the interests of the Lithuanian state) must contain all relevant information on the matters of fact and law and reasons which have led to the decision, with due regard being paid to the requirement for the protection of confidential information and, where the exporter’s price undertaking has been offered, the reasons for the acceptance or rejection thereof.
The decision specified in subparagraph 7 of paragraph 2 hereof must contain the information prescribed by paragraph 4 hereof and justification of decisions made under paragraph 4 of Article 12 of this Law.
Copies of decisions of the Competition Council listed in subparagraphs 2, 5, and 7 of paragraph 2 hereof must be transferred to every known interested party within 15 calendar days from the coming into effect of the decisions. Article
Disclosure of the Basic Facts and Reasons to the Interested Parties
The interested parties may request provision of detailed information on the basic facts and reasons on the basis whereof the provisional measures have been imposed. The requests shall be responded to provided they are received in writing within 15 calendar days after the imposition of provisional measures. The State Competition and Consumer Protection Office must respond to the requests in writing not later than within 30 calendar days following the imposition of the provisional measures.
The interested parties may request the final notice of the principal facts and reasons on the basis whereof it is intended to impose the anti-dumping duty or to terminate the investigation and refrain from levying the anti-dumping duty.
The request for the notice specified in paragraph 2 hereof must be filed with the State Competition and Consumer Protection Office in writing. In case the provisional duty is applied, the request for notice must be received not later than within 1 month after the coming into effect of the decision to apply the duty. If the provisional duty is not applied, the interested parties must be provided an opportunity to receive the final notice within the time period set by the State Competition and Consumer Protection Office.
Unless the decision to impose the anti-dumping duty is taken, the final notice must be given in writing not later than within 1 month before the decision to impose the anti-dumping duty or to terminate the investigation. While giving the final notice, due regard must be paid to the requirement of the protection of confidential information. Special attention must be given to presenting matters of fact and reasons which differ from those used in order to determine the provisional measures.
If, when giving the final notice, the State Competition and Consumer Protection Office is not in a position to publicly disclose certain matters of fact or reasons, notice of the matters of fact or reasons must be given promptly at the earliest opportunity. The giving of notice shall not affect the subsequent decisions of the institutions implementing this Law, but in cases where the decisions are made on the basis of matters of fact and reasons other than those disclosed in the final notice, a notice thereof must be given forthwith.
Upon receiving the final notice, the interested parties may make their views and opinions known, but the latter shall only be taken into consideration if received within the time period of 10 calendar days as prescribed by the State Competition and Consumer Protection Office. Article
Confidentiality of Information
Any information which is confidential (e.g. because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would have a significantly adverse effect upon a person supplying the information or upon a person from whom he acquired the information) or which is provided on a confidential basis by parties to an investigation shall be treated as such by the institutions implementing this Law. The institutions implementing this Law shall not disclose such information without specific permission of the party submitting it.
The interested parties providing confidential information must also furnish non-confidential summaries thereof. These summaries must be in sufficient detail to permit a reasonable understanding of the substance of the information. If the representatives of the institution implementing this Law or other interested parties taking part in the investigation indicate that the furnished summary does not reveal the substance of the confidential information, the entity providing the summary must provide a written statement of the reasons why adequate summarisation is not possible.
If the institutions implementing this Law find the request for confidentiality unwarranted and the supplier of the information is unwilling to make the information public (either in generalised or summary form), the institution implementing this Law may disregard such information. However, due regard shall be paid to the information, provided there are other sources demonstrating that the information is correct. The request to treat information as confidential must not be rejected.
The obtained information must only be used for the purpose for which it was requested. Chapter X ANTI-DUMPING ACTION ON BEHALF OF A THIRD COUNTRY Article
Application for Anti-dumping Action on Behalf of a Third Country
An application for anti-dumping action on behalf of a third country in order to protect its producers may be filed by a government institution of the third country.
The application must be supported by price information to show that the imports are being dumped and by detailed information to show that the alleged dumping is causing injury to the domestic producers of the third country filing the application. Anti-dumping action may be applied on behalf of the third country if the government of the country provides all the required information and affords the necessary assistance to the institutions implementing this Law. Article
Consideration of Application for Anti-dumping Action on behalf of a Third Country Considering the application for anti-dumping action on behalf of a third country, the institutions implementing this Law must consider the effects of the alleged dumping on the domestic producers of the country concerned. The injury must not be assessed in relation only to the effect of the alleged dumping on the exports of the third country’s domestic producers to the customs territory of the Republic of Lithuania or on the total exports of the said domestic producers. Article
Decision to Apply Anti-dumping Measures on behalf of a Third Country Anti-dumping measures on behalf of a third country shall be applied on the decision of the Competition Council provided that the general conditions for the application of provisional and final anti-dumping measures prescribed by this Law are satisfied and if this is approved, with due regard being paid to the interests of the Republic of Lithuania, by the Government of the Republic of Lithuania. Chapter XI FINAL PROVISIONS Article
International Agreements If the international agreement, to which the Republic of Lithuania is a party and which has been ratified by the Seimas establishes regulations other than those prescribed by this Law, the provisions of the international agreement shall apply. Article
Coming into Force of the Law
This Law shall come into force as of 1 July
The provisions of paragraph 1 of Article 35 of the Law, related to the Supreme Dispute Settlement Commission shall come into force as of 1 January
The Supreme Dispute Settlement Commission shall be formed by the Government of the Republic of Lithuania by 1 January
I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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