_____Official translation Official translation LAW ON THE AMENDMENT OF THE ANTI-DUMPING LAW OF THE REPUBLIC OF LITHUANIA 23 June 1998 No. VIII-807 Vilnius (new edition by 17 December 2001 No. IX-663)

Article 20of this Law, provisional anti-dumping duty is not applicable.

1. The amount of provisional anti-dumping duty shall not exceed the margin of dumping as provisionally established, but it must be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.
2. The application of the provisional anti-dumping duty shall be commenced not earlier than 60 calendar days from the effective date of the decision to initiate the investigation but not later than nine months after the said date. Article
3. Application of Provisional Anti-dumping Duty
4. The application of a provisional anti-dumping duty shall be limited to a period of six months. Upon the resolution of the Government the application of the anti-dumping duty may be extended for a further three months provided the exporters of the product in question give their consent thereto and they represent at least 1/2 of the total volume of imports of the product in question into the customs territory of the Republic of Lithuania. If the exporters do not object, the provisional anti-dumping duty may be imposed for a nine month period.
5. A provisional anti-dumping duty may be applied only with respect to the products in question which are released into free circulation in the customs territory of the Republic of Lithuania from the date fixed in the resolution of the Government of the Republic of Lithuania to impose a provisional anti-dumping duty.
6. A provisional anti-dumping duty shall not be applied with respect to the products in question imported from producers and/or exporters whose price undertakings have been accepted in accordance with Article 22 of this Law. Article
7. Payment of the Provisional Anti-dumping Duty From the date specified in the Government resolution imposing a provisional anti-dumping duty the products in question shall be released into free circulation in the customs territory of the Republic of Lithuania only upon the payment of the provisional anti-dumping duty or provision of the customs with the guarantee securing the payment of the provisional anti-dumping duty. The guarantee shall be provided according to the procedure prescribed by the Customs Code of the Republic of Lithuania. The amount of the guarantee shall be determined by the customs. The provisional anti-dumping duty must be paid or recovered according to the procedure laid down in the Customs Code of the Republic of Lithuania. CHAPTER FIVE PROCEDURES OF ACCEPTING PRICE UNDERTAKINGS Article
8. Accepting a Price Undertaking
9. During the course of investigation each producer or exporter of the product in question may offer price undertakings on his own initiative or accept an invitation from the Institution to do so, however, no exporter shall be forced to enter into such undertakings.
10. Price increase under the undertaking referred to in paragraph 1 of this Article shall not be higher than necessary to eliminate the margin of dumping and it shall be less than the margin of dumping if such increase would be adequate to remove the injury to the domestic industry.
11. A price undertaking may not be accepted unless a provisional or affirmative determination of dumping and injury caused by such dumping to the domestic industry has been made.
12. A price undertaking offered after the expiration of the time period fixed in paragraph 6 of Article 40 of this Law shall not be accepted, unless the Institution decides to accept the undertaking in view of the newly discovered circumstances.
13. The Institution may refuse to accept the offered price undertaking if the acceptance thereof is considered impractical, such as where the number of actual or potential exporters is too great or for reasons of State policy. In such cases the producer or exporter must be provided with the reasons for which it is proposed to reject the offer of an undertaking and given an opportunity to make comments thereon. The Institution may disregard the comments.
14. If the Institution accepts a price undertaking, it may request submission of a non-confidential version of such undertaking (in case the interested party which offered the price undertaking indicates that the offered price undertaking is confidential) so that it may be made available to interested parties. Article
15. Actions Following the Acceptance of a Price Undertaking
16. Except in the cases provided in paragraph 2 of this Article, investigation shall be suspended by the decision of the Institution if, upon the acceptance of a price undertaking, the Institution is satisfied that the provisionally or definitively determined injury to the domestic industry is removed.
17. The investigation may proceed even though the price undertaking has been accepted, if the producer or exporter so desires or the Institution so decides. If, because of the limited available information, the Institution has suspicions that the accepted price undertaking is insufficient for the elimination of dumping or injury, it may adopt a decision not to suspend the proceedings.
18. Upon the suspension of the investigation calculation of its duration shall also be suspended.
19. In the case specified in paragraph 2 of this Article, where a price undertaking is accepted upon preliminary determination of the margin of dumping whereas during further investigation a negative determination of dumping or injury or of the causal link between the imports of the product in question and injury sustained by the domestic industry is made and the Institution makes a corresponding conclusion, the price undertaking shall lapse. However, in the cases where it is established that elimination of dumping or injury is due to the accepted price undertaking or in the event that an affirmative determination of dumping, injury and causal link between the imports of the product in question and injury to the domestic industry is made, the undertaking must be maintained. Article
20. Supervision of Fulfilment of Price Undertakings The Institution which accepted a price undertaking shall be entitled to require the producer or exporter to provide, within the time periods specified by the Institution, information relevant to the fulfilment of such undertaking and to permit verification of pertinent data. Non-compliance with such requirements shall be construed as a breach of the price undertaking. Article
21. Failure to Fulfil the Price Undertaking
22. In case of a breach or withdrawal of the price undertaking where the investigation was not suspended upon the acceptance of the undertaking but was concluded with a final determination as to dumping, injury and causal link between the imports of the product in question and injury to the domestic industry, the Institution shall submit to the Government, in accordance with the provisions of Articles 27, 28 and 29 of this Law, the findings of the investigation and its proposals to impose the anti-dumping duty on the products imported from the foreign producer or exporter who committed a breach of or withdrew the undertaking he entered into. Before submitting the proposal to the Government as to the imposition of an anti-dumping duty, without violating the provisions of Article 40 of this Law, the producer or exporter must be given an opportunity to comment, except where he himself has withdrawn the price undertaking.
23. In case of a breach or withdrawal of the price undertaking, if the investigation was suspended upon the acceptance of the undertaking, the Institution may decide, in accordance with the provisions of Article 18, 19, 20 and 21 of this Law, to reopen the investigation and shall forthwith submit a proposal to impose a provisional anti-dumping duty on the products imported from foreign producer or exporter who committed a breach of the undertaking entered into.
24. In case of breach or withdrawal of the price undertaking an anti-dumping duty may be imposed on the products released into circulation in the customs territory of the Republic of Lithuania not earlier than 90 calendar days before the imposition of the provisional anti-dumping duty (according to paragraph 2 of this Article), in no case, however, may the anti-dumping duty be imposed on the products imported prior to the breach or withdrawal of the undertaking. Article
25. Maintaining a Price Undertaking
26. A price undertaking must be maintained for a reasonable time necessary to counteract the dumping which is causing injury to the domestic industry.
27. In any case an accepted price undertaking shall lapse after five years from the day of coming into effect of the decision to accept the undertaking or from the last day of completion of review of the price undertaking (according to the provisions of Chapter Seven of this Law), where the review indicates that the price undertaking should be maintained as long as it is necessary to counteract the dumping and injury caused by the dumping, having regard to

Article 34of this Law.

CHAPTER SIX ANTI-DUMPING DUTY AND ITS APPLICATION Article

1. Decision to Apply Anti-dumping Duty
2. Having considered the findings of the investigation and proposals presented by the Institution, the Government shall decide whether it is expedient to apply the anti-dumping duty. Where a provisional anti-dumping duty is levied on the product in question, the Institution must submit to the Government the proposal to impose the anti-dumping duty not later than one month before the expiration of the time period of application of the provisional anti-dumping duty.
3. Where the findings of the investigation submitted by the Institution show that there is dumping, injury to the domestic industry and causal link between the imports of the product in question and injury to the domestic industry, and that the State interest calls for the application of the anti-dumping duty, the Government shall adopt a resolution to impose the anti-dumping duty, determine the amount of the duty and the date from which it is levied. Normally the date is not earlier than 30 calendar days after the entry into force of the Government resolution setting the above date.
4. When determining whether the application of the anti-dumping duty is in the interests of the State, regard must be had to all the diverse interests, including the interests of the domestic producers, enterprises using the product in question for the production of their own products, final consumers and importers of the product in question and their representative organisations, provided that the interested parties specified in this paragraph have notified of their interest in the initiated investigation within the time limits fixed in the decision of the Institution to carry out the investigation. In any case the need to eliminate the distorting effects of injurious dumping and to restore effective competition shall be given special consideration.
5. Where after the conduct of the investigation a final determination of dumping and injury to the domestic industry is negative, the Institution shall make a decision to complete the investigation without the application of provisional duty being proposed to the Government.
6. Before the Institution submits to the Government the proposal to impose the anti-dumping duty or makes a decision to terminate the investigation without proposing to apply the anti-dumping duty, the interested parties (pursuant to Article 40 of this Law) must be provided an opportunity to obtain information about the essential facts and considerations on the basis of which a decision will be made to impose the anti-dumping duty or to terminate the investigation without the imposition of the duty, also an opportunity to present their arguments. Article
7. Application of Anti-dumping Duty
8. Anti-dumping duty shall be applied only with respect to those products in question which are released for free circulation in the customs territory of the Republic of Lithuania from the date fixed in the Government resolution to impose the duty, except in cases where a decision is made to impose the duty with respect to products imported during the investigation period (pursuant to Article 30 of this Law). Anti-dumping duty shall not be applied with respect to the products imported from the foreign producers or exporters whose price undertakings have been accepted in accordance with Article 22 of this Law, with the exception of the case specified in paragraph 1 of Article 25 of this Law and paragraph 2 of this Article.
9. Where, pursuant to Article 9 of this Law, the domestic industry of the like product has been interpreted as referring to the producers in a certain part of the customs territory of the Republic of Lithuania, the anti-dumping duty may be imposed if in the course of the investigation foreign producers or exporters have been given an opportunity to offer an undertaking to increase their prices or to cease exports at dumped prices to the area in question of the customs territory of the Republic of Lithuania. In case of failure to promptly offer an adequate price undertaking or to fulfil the undertaking entered into (as established in paragraphs 1 and 2 of Article 25 of this Law), a definitive antidumping duty or, in the case specified in paragraph 2 of Article 25 of this Law, a provisional anti-dumping duty may be imposed in respect of the entire customs territory of the Republic of Lithuania on the imports of the product in question.
10. Anti-dumping duty shall be applied with respect to all exporters whose imports of the product in question into the customs territory of the Republic of Lithuania are causing injury to the domestic industry, with the exception of those exporters whose price undertaking were accepted pursuant to Article 22 of this Law.
11. Anti-dumping duty shall be collected independently of the taxes, duties and other charges imposed on the imports of the product in question. No imported product shall be subject to anti-dumping duty if countervailing duties (provisional countervailing duties) have been imposed or are already applied in respect of the product for the purpose of removing injury to the domestic industry.
12. Anti-dumping duty levied on the imported goods must be paid in the manner laid down in the Customs Code of the Republic of Lithuania. Default interest shall be payable for failure to pay the anti-dumping duty or its late payment. The unpaid amounts of the anti-dumping duty and default interest shall be recovered according to the procedure laid down in the Customs Code of the Republic of Lithuania. Article
13. Amount of the Anti-dumping Duty
14. The amount of the anti-dumping duty levied on the imports of the product in question shall be determined individually in respect of each exporter or producer, having regard to the established margin of dumping and scope of injury, applying the methods of calculation laid down in the Law of the Republic of Lithuania on Customs Tariffs. Where there are several exporters or producers in the exporting country and determination of the amount of the anti-dumping duty for each exporter or producer is not expedient or would impede completion of the investigation within the fixed time limit, the amount of the anti-dumping duty to be levied on every product in question shall be determined with respect to each exporting country.
15. The amount of the anti-dumping duty shall not exceed the margin of dumping established in the course of the investigation but it may be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.
16. Where the investigation was limited in accordance with Article 16 of this Law, any anti-dumping duty applied to imports of the product in question from exporters or producers whose export transactions were not examined in the course of the investigation and for whom individual margin of dumping was not established shall not exceed the weighted average margin of dumping established on the basis of sample data used in the investigation. In this case any zero or de minimis margins (pursuant to subparagraph 3 of paragraph 4 of Article 12 of this Law) and margins established in the circumstances referred to in paragraph 7 of Article 15 of this Law shall be disregarded. Individual duties shall be determined with respect to the products in question imported from the exporter or foreign producer for which an individual margin of dumping has been established according to paragraph 5 of Article 16 of this Law, except in cases where the amount of duty is determined in respect of the country of origin of the product or the exporting country. Article
17. Application of Anti-dumping Duty to the Products in Question Imported in the Course of the Investigation
18. Where a provisional anti-dumping duty has been applied and the facts as finally established show that there is dumping, injury to the domestic industry and causal link between the imports of the product in question and injury caused to the domestic industry, the Institution shall submit a proposal to the Government to impose an anti-dumping duty with respect to the products imported during the period of application of the provisional anti-dumping duty. For this purpose, "injury" shall not include threat of injury to the domestic industry, nor retardation of the establishment in Lithuania of a domestic industry of the like product, except where it is found that this would, in the absence of provisional duty, have developed into material injury. In all other cases where injury involves only the threat of injury or retardation of the establishment in Lithuania of industry of the like product, the anti-dumping duty shall not be imposed on the products imported during the investigation period, while any amounts of the provisional anti-dumping duty collected shall be refunded in the manner prescribed by the Customs Code of the Republic of Lithuania. The above provisions may not limit the application of provisions of paragraph 4 of this Article.
19. If, upon completion of the investigation, in the case specified in paragraph 1 of this Article the anti-dumping duty imposed in respect of the products in question is higher than the paid or payable provisional anti-dumping duty, the difference shall not be collected. If it is established upon the completion of the investigation that the anti-dumping duty is lower than the paid or payable provisional anti-dumping duty, the amount of the provisional anti-dumping duty shall be recalculated and the overpaid amount shall be refunded according to the procedure laid down by the Customs Code of the Republic of Lithuania.
20. Where a negative determination of injury is made or where the facts as finally established show that no injury would have been caused in the absence of the provisional anti-dumping duty, and there are no grounds for applying the anti-dumping duty, neither shall it be applied with respect to the products imported during the period of investigation. The amounts of the provisional anti-dumping duty collected during the said period must be refunded according to the procedure established by the Customs Code of the Republic of Lithuania and the guarantee, if such was provided to the customs, must be rescinded.
21. An anti-dumping duty may be levied on the imports of the products in question which were released for free circulation in the customs territory of the Republic of Lithuania not more than 90 calendar days prior to the date of commencement of application of the provisional anti-dumping duty but not prior to the day the Institution made the decision to initiate the investigation, provided that imports of the product in question have been registered in detail in accordance with paragraph 15 of Article 15 of this Law and, when conducting the investigation, the Institution has established that: 1) there is, for the product in question, a history of dumping over an extended period, which caused injury to the domestic industry, or it is known that the anti-dumping investigation was carried out in respect of the exporters in question (in the Republic of Lithuania or any other country) and an affirmative determination of dumping was made or that the importer was, or should have been, aware that the exporter practises dumping and that such dumping would cause injury; 2) in addition to the increase in the level of imports of the product in question which caused injury during the investigation period, there is a further substantial rise in dumped imports of the product in question in a relatively short time which in light of the volume, timing of the imports and other circumstances is likely to undermine the remedial effect of the definitive anti-dumping duty to be applied; 3) the importers concerned have been given an opportunity to comment prior to the submission of the proposal to the Government to impose the anti-dumping duty. Article
22. Duration of the Anti-dumping Duty
23. An anti-dumping duty shall remain in force only as long as it is necessary to counteract the dumping which is causing injury.
24. In any case the application of the anti-dumping duty shall expire five years from the first day of application of the anti-dumping duty or from the last day (according to the provisions of Chapter Seven of this Law) of the conclusion of the most recent review of application of the anti-dumping duty, unless it is determined in a review that continuation of application of the anti-dumping duty is necessary to counteract dumping and injury pursuant to

Article 34of this Law.

CHAPTER SEVEN REVIEWS Article

1. Initiation of Review of Anti-dumping Duty Application and Price Undertaking
2. Application of the anti-dumping duty and the price undertaking shall be subject to review: 1) at the close of the 5-year period of application of the anti-dumping duty or of the duration of the price undertaking, established according to Articles 26 and 31 of this Law, on the initiative of the Institution or upon request by domestic producers to continue the application of the above measures or extend the duration of the undertaking, on the grounds that termination of the anti-dumping duty or the price undertaking would lead to continuation or recurrence of dumping or injury; 2) upon a duly substantiated request made by or on behalf of the domestic industry that the amount of the applied anti-dumping duty or the accepted price undertaking is not sufficient to remove the injury. The request may also be filed in accordance with paragraph 2 of this Article at a later time, at least 3 months before the expiration of the 5-year period of application of the anti-dumping duty or expiration of the period of duration of the price undertaking; 3) upon a duly substantiated request made by the exporters or importers of the product, that there is no need of continued imposition of the anti-dumping duty or price undertaking in order to offset or eliminate the margin of dumping and remove injury or maintaining that the amount of the anti-dumping duty or price undertaking must be reduced; 4) on the initiative of the Institution, based on the grounds that the amount of the applied anti-dumping duty or price undertaking is not sufficient to remove the injury or that the continued imposition of the dumping duty of the established amount or the price undertaking is no longer necessary; 5) upon a duly substantiated request made by or on behalf of the domestic industry, that the application of the anti-dumping duty or acceptance of the price undertaking has not increased the selling prices of the product in the customs territory of the Republic of Lithuania or that there has been an insufficient increase in prices. In this case the review shall be concluded within six months.
3. A request for review of the application of the anti-dumping duty or the price undertaking may be lodged not earlier than 12 months from the day of coming into effect of the resolution to impose the anti-dumping duty or of the decision to accept the price undertaking. The request must be motivated and substantiated by evidence.
4. The Institution must adopt a decision to initiate a review of the application of the anti-dumping duty and price undertaking no later than two months before the end of the five year period of application of the anti-dumping duty or duration of the price undertaking.
5. The Institution shall publish a notice of impending expiration in the Information Supplement to "Valstybės žinios" (Official Gazette) no earlier than 12 months and no later than eight months before end of the period of application of the anti-dumping duty or duration of the price undertaking. Thereafter, if extension of the period of application of the anti-dumping duty or duration of the price undertaking is refused, the Institution shall also publish a notice to the effect in the Information Supplement to "Valstybės žinios" (Official Gazette) and notify all known third parties interested in the conducted investigation. Article
6. Reviews for the Purpose of Determining Individual Margins of Dumping for Exporters and/or Producers which have not Exported during the Period of Investigation
7. In case of application to the product in question of an anti-dumping duty imposed with respect to exporters or producers in the exporting country in question which have not exported the product during the period of investigation, the Institution must carry out a review for the purpose of determining individual margins of dumping for the said exporters.
8. Reviews specified in paragraph 1 of this Article shall be carried out on the decision of the Institution where the exporters or producers referred to above can show that they are not related to any of the exporters or producers in the exporting country which have been subject to the anti-dumping duty and that they have actually exported to the Republic of Lithuania following the completion of the investigation, or where they can demonstrate they have entered into an irrevocable contractual obligation to export a significant quantity of the product in question to the Republic of Lithuania. Domestic producers must be notified in writing of the intended review and be given an opportunity to comment within 20 calendar days from the dispatch of the notice.
9. Reviews specified in paragraph 1 of this Article shall be carried out expeditiously and shall be concluded within 12 months.
10. The provisions with regard to the procedures and evidence, laid down in Articles 12, 13, 15, 16, 17 and 27 of this Law, shall apply to any review, unless this Article establishes otherwise.
11. During the review period the product in question imported from the exporters specified in paragraph 1 of this Article shall not be subject to an anti-dumping duty.
12. The Institution may request that importers bringing in products from the exporters or foreign producers referred to in paragraph 1 of this Article provide to the customs a guarantee of payment of the duty after it is established that the exporters or foreign producers are selling the product in question at dumping price and the imports are subject to an anti-dumping duty applied retroactively for the period commencing from the initiation of the investigation.
13. The provisions of this Article shall not be applicable where the anti-dumping duty has been imposed in accordance with paragraph 3 of Article 29 of this Law. Article
14. Anti-dumping Duty Application and Price Undertaking Review Procedures
15. The provisions with regard to the procedures and evidence, laid down in Articles 12, 13, 15, 16, 17 and 27 of this Law, shall apply to reviews of anti-dumping duty application and price undertaking, unless otherwise established in this Chapter.
16. Reviews of application of anti-dumping duties and price undertakings shall be completed within 12 months, except in the case specified in subparagraph 5 of paragraph 1 of Article 32 of this Law.
17. The amount of the anti-dumping and the price undertaking shall be maintained unmodified until the completion of the review. Where, under the provisions of Articles 26 and/or 31 of this Law, the period of application of the anti-dumping duty or duration of the price undertaking should expire during the review, the said measures must be applied until the completion of the review carried out. This, however, shall not limit the possibilities under the provisions of Articles 26 and/or 31 of this Law to continue the application of the above measures or the provision of paragraph 6 of this Article, where it is established in the course of the review that the application of the anti-dumping duty or price undertaking is necessary in order to counteract or eliminate the margin of dumping and remove injury to the domestic industry.
18. Where it is established in a review that the continued imposition of the price undertaking offered by the producer or exporter of the product in question is no longer necessary to offset or eliminate the margin of dumping or that dumping would be unlikely to cause injury to the domestic industry if the measure were removed, the amount of the anti-dumping duty and/or the amount of the price undertaking must be reduced to zero and applied until the termination of the abovementioned measures as established in Articles 26 and/or 31 of this Law.
19. Where it is established in a review that upon reduction of the amount of the anti-dumping duty or price undertaking there will be no need to offset or eliminate the margin of dumping or that dumping will not cause injury to the domestic industry, the amount of the anti-dumping duty or price undertaking shall be reduced accordingly.
20. Where it is established in a review that the amount of the accepted price undertaking is not sufficient to remove the injury, an additional price undertaking may be accepted or the anti-dumping duty may be imposed or, where the applied anti-dumping duty is not adequate to remove the injury, the duty may be increased without violating the provisions of Article 27, 28 and 29 of this Law. Article
21. Refunds of the Anti-dumping Duty
22. An importer may request reimbursement of anti-dumping duty collected from him if the dumping margin, on the basis of which the anti-dumping duty was paid, has been eliminated or reduced.
23. The importer's application requesting a refund of the anti-dumping duty or a part of it which exceeds the margin of dumping specified in paragraph 1 of this Article must be duly substantiated and justified by evidence. The application shall be submitted within six months of the date on which a decision was made to impose the anti-dumping duty on the products in question imported during the investigation period or from the date of expiration of the definitive anti-dumping duty.
24. The following shall be attached to the application for refund of the anti-dumping duty: 1) information on the amount of refund of anti-dumping duties claimed, 2) evidence, for a representative period, of normal values and export prices of the product in question for the exporter or producer to which the duty applies; 3) in cases in which the importer is not associated with the exporter or producer concerned and the information specified in subparagraphs 1 and 2 of this paragraph is not immediately available, or where the exporter is unwilling to release it to the importer, the application shall contain a statement from the exporter that the dumping margin has been reduced or eliminated and that the relevant supporting evidence will be supplied to the Institution.
25. An application shall be supported by the customs declaration and other documentation relating to the calculation and payment of the amount of refund of the anti-dumping duty and a notice indicating the territorial customs to which the anti-dumping duty was paid.
26. If in the case specified in subparagraph 3 of paragraph 3 of this Article the statement confirming that the dumping margin has been reduced or eliminated and the supporting evidence are not forthcoming from the exporter within a period of two months from the date of filing of the application for the refund of the anti-dumping duty, the importer's application shall be rejected.
27. The Institution shall, after examination of the submitted evidence, decide whether or not it is sufficient to justify refund of the paid anti-dumping duty and to what extent, or whether a review of the imposition of the anti-dumping duty must be initiated. The procedures provided in Article 34 of this Law shall be applicable for such reviews. The Government shall, upon examination of the submitted evidence and findings from the review (if such was carried out) decide whether and to what extent a refund is justified. Upon adopting a decision to refund the anti-dumping duty or a part thereof, the Government shall determine the amount of the refund.
28. The decision concerning the refund of the antidumping duty or part thereof shall be adopted within 12 months from the date of filing of the application for refund. The payment of the refund should be made within 90 calendar days from the effective date of the decision to refund. Other procedures of refund of the anti-dumping duty shall be carried out in the manner established by the Customs Code of the Republic of Lithuania.
29. The Institution shall, within 15 calendar days from the date of publication in "Valstybės žinios" of the Government resolution to refund the anti-dumping duty or part of it, notify thereof the territorial customs to which the anti-dumping duties were paid. The customs shall also be provided with the following information: the name, address (address of the seat) of the natural or legal person who is to be refunded the anti-dumping duty or part thereof and the identification code; the number and date of the customs declarations based whereon the anti-dumping duty was paid and the amount (in numbers and in words) of the refundable anti-dumping duty.
30. In the cases not referred to in paragraph 1 of this Article the anti-dumping duty shall be refunded in accordance with the provisions of the Customs Code of the Republic of Lithuania. CHAPTER EIGHT CIRCUMVENTION OF THE IMPOSED ANTI-DUMPING DUTY Article
31. Cases of Circumvention of the Imposed Anti-dumping Duty
32. The imposed anti-dumping duty shall be considered circumvented if the following two conditions are met: 1) there has been a change in the pattern of trade in the product in question between third countries and the Republic of Lithuania following the adoption by the Government of the resolution to impose the anti-dumping duty; 2) there is evidence that the remedial effects of the anti-dumping duty are being undermined in terms of the prices and/or sales volume of the product in question and there is evidence of dumping in relation to the normal values previously established for the product on which the anti-dumping duty is levied.
33. An assembly operation in the customs territory of the Republic of Lithuania or in a third country shall be considered to circumvent the anti-dumping duty in force where: 1) the operations started or substantially increased since or just prior to the initiation of the anti-dumping investigation, whereas the parts concerned are from the countries in respect of which the anti-dumping duty is applied and, in the opinion of the Institution, the start of the operations may be linked to the initiation of the investigation; 2) the remedial effects of the anti-dumping duty are being undermined in terms of the quantities and/or prices of the assembled product in question and there is evidence of dumping in relation to the normal values previously established for the product to which an anti-dumping duty is applied; 3) the parts brought in constitute 60% or more of the total value of the parts of the assembled product.
34. In no case shall circumvention be considered to be taking place where the value added to the parts brought in, during the assembly or completion operations (operations necessary for the final completion of process of product manufacturing), is greater than 25% of the manufacturing cost, even though all the conditions set in paragraph 2 of this Article were met. Article
35. Actions in Cases where Circumvention of the Anti-dumping Duty is Established
36. The anti-dumping duty may be extended to imports from third countries of like products, or parts thereof, when circumvention of the duty is taking place.
37. When circumvention of the anti-dumping duty is established, investigation regarding the application of the anti-dumping duty to third countries may be initiated when the Institution receives a request made by or on behalf of the domestic industry. The request must contain sufficient evidence regarding the factors set out in paragraph 1 of Article 36 of this Law. On the basis of the abovementioned evidence the Institution shall decide to initiate the investigation.
38. The investigation shall be concluded within nine months.
39. The provisions of Articles 12, 13, 15, 17 and 27 of this Law shall be applied in the conduct of the investigation and in ascertaining the facts of circumvention, while for the provision of information regarding the investigation and the adopted decisions concerning the anti-dumping duties the provisions of Chapter Ten shall be applied. CHAPTER NINE APPEAL Article
40. Appealing against the Decisions and Actions of the Institution Authorised by the Government
41. If the interested party objects to the decisions or actions of the Institution, it shall be entitled to appeal the decisions or actions to the Vilnius Regional Administrative Court. The appeal may be filed with the Vilnius Regional Administrative Court within three months from the day of publication or delivery to the interested party of the appealed decision.
42. Where the interested party objects to the acts or omission by the Institution in implementing this Law, it shall be entitled to file an appeal against the act or omission with the Vilnius Regional Administrative Court. The appeal may be filed with the Vilnius Regional Administrative Court within one month from the day of performance of the act appealed against or notification of the interested party of the act. Appeal against the institution's failure to act may be filed with the Vilnius Regional Administrative Court within one month from the day following the date of expiration of the period set in this Law for the performance of an appropriate act or settlement of a certain issue.
43. Filing of an appeal with the Vilnius Regional Administrative Court shall not suspend the validity of the decisions made by the Institution, unless the Vilnius Regional Administrative Court establishes otherwise. CHAPTER TEN NOTIFICATION Article
44. Publication of Resolutions and Decisions
45. The resolutions adopted by the Government while implementing this Law shall be published in accordance with the procedure established by law.
46. The Information Supplement to "Valstybės žinios shall publish, according to the procedure established by law, the decisions of the Institution specified in subparagraphs 1, 2, 3, 6, 8 of this paragraph and information relating to the facts and motives on the basis whereof appropriate proposals are submitted to the Government: 1) to initiate the investigation; 2) to accept or reject a price undertaking, including a decision to accept the undertaking and suspend the investigation; 3) to terminate the investigation; 4) to impose a provisional anti-dumping duty; 5) to impose an anti-dumping duty, including imposition of an anti-dumping duty on the products in question imported during the investigation period; 6) to carry out a review of the application of an anti-dumping duty and a price undertaking; 7) to extend the period of application of the anti-dumping duty after the review, to set a revised amount of the anti-dumping duty or to terminate the application of the anti-dumping duty; 8) to extend the maintenance of the price undertaking after the review or to accept an additional undertaking; 9) to refund the anti-dumping duty.
47. The Institution's decision to initiate an investigation or carry out a review of the application of the anti-dumping duty or of the price undertaking shall contain the following information: 1) the names of foreign producers or exporters or, where these are not known - the name or the country of origin or country export of the product; 2) a detailed description of the product in question and its code number according to the Combined Nomenclature of the Republic of Lithuania of Common Customs Tariffs and Foreign Trade Statistics; 3) the date of initiation of the investigation or review, period of duration; 4) period of investigation; 5) a summary of evidence in support of the allegation of dumping and injury to the domestic industry (presented in the application requesting for the initiation of investigation) or a summary of information in support of the allegation of changes in the volume of dumped imports or impact to the domestic industry (presented in the application requesting for review); 6) the address to which the information related to the conducted investigation or review should be directed; 7) the time limit allowed for the interested parties to notify the Institution of their interest in the investigation in progress, submit evidence and present their arguments and make representations; 8) the time limit allowed for the interested parties to submit to the Institution duly substantiated requests for consultations during which they shall be entitled to present their oral arguments and make representations; 9) the time limit within which the interested parties may file an application with the Institution, requesting organisation of the meeting specified in paragraph 13 of Article 15 of this Law; 10) a warning about the consequences of non-cooperation.
48. The proposal to impose a provisional anti-dumping duty, submitted to the Government by the Institution, shall contain the following information, having regard to confidentiality requirements: 1) the names of the foreign producers or exporters or, where this is impracticable, the names of the countries of origin or export of the product. The identification numbers of foreign producers and exporters (the registration numbers assigned by the competent institution of the country of their registration) must also be indicated if such information is available to the Institution at the time of the investigation; 2) a detailed description of the product in question, code number according to the Combined Nomenclature of the Republic of Lithuania of Common Customs Tariffs and Foreign Trade Statistics and the country of origin of the product; 3) the determined margin of dumping, the methodology used for determining the normal value of the product in question, the export price and the margin of dumping; 4) evidence on the basis whereof injury has been 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; 6) the amount of the provisional anti-dumping duty the imposition of which is proposed, the method of its calculation, the date from which the application of the duty is proposed, the time period of application of the duty and, as necessary, foreign producers or exporters with respect to which the provisional anti-dumping duty is not applicable pursuant to

Article 20of this Law.

1. Information specified in paragraph 4 of this Article, except for the information indicated in subparagraph 6, and a reference to a public document constituting a non-confidential summary of the accepted undertaking shall be presented in the decision of the Institution to accept the price undertaking or to refuse accepting it. The public document which constitutes a non-confidential summary of the accepted undertaking must be kept at the Institution.
2. The proposal to impose an anti-dumping duty (including imposition of the duty on the products imported during the investigation period), submitted by the Institution to the Government, shall indicate the amount of the anti-dumping duty the imposition whereof is proposed in respect of every individual foreign producer or exporter (except in cases where the anti-dumping duty is determined according to the country of origin or export of the product), the method of its calculation, the date from which the imposition of the anti-dumping duty is proposed, and other necessary information. The proposal submitted by the Institution shall contain, without violating confidentiality requirement, the information specified in paragraph 4 of this Article, except for the information indicated in subparagraph 6, and in the cases where an undertaking has been offered by a foreign producer or exporter - the motives for acceptance or refusal of the undertaking. The information shall be presented with a separate attachment containing information relating to the submitted proposal to impose an anti-dumping duty on products imported during the investigation period.
3. In addition to other information the Institution's decision to terminate the investigation without proposing to the Government to impose the anti-dumping duty shall contain, without violating confidentiality requirements, all important information relating to the facts and reasons on the grounds whereof the decision has been adopted, the reasons for acceptance or rejection of the arguments submitted by the interested parties, and in the cases where an undertaking by the foreign producer or exporter has been offered - the reasons for the ac