Šis įstatymas nustato teisines sąlygas apsaugoti Lietuvos pramonę nuo žalos, kurią sukelia importuojamų prekių…

Apie ką šis teisės aktas?

Šis įstatymas nustato teisines sąlygas apsaugoti Lietuvos pramonę nuo žalos, kurią sukelia importuojamų prekių dempingas, t.y., kai prekės parduodamos žemesne nei įprasta kaina.

Kam taikoma: Lietuvos gamintojams, kurie gamina panašius produktus; Importuotojams, užsienio gamintojams ir (arba) eksportuotojams, kurie parduoda produktus į Lietuvos muitų teritoriją.

Svarbiausia

Šalis: Lietuva
Teisės sritis: Energetika ir tinklų sektoriai
Straipsniai: 42
Šaltinis: e-seimas.lrs.lt
Tekstas gautas: 2026-06-18
Paaiškinimas atnaujintas: 2026-07-07

Ką reguliuoja šis teisės aktas?

Dempingo, žalos ir anti-dempingo muitų sąvokas ir nustatymą.
Valstybės institucijų, atsakingų už šio įstatymo įgyvendinimą, funkcijas.
Normaliosios vertės ir eksporto kainos nustatymo tvarką.
Dempingo tyrimų atlikimo ir anti-dempingo priemonių taikymo procedūras.

Kam taikomas šis teisės aktas?

Lietuvos gamintojams, kurie gamina panašius produktus.
Importuotojams, užsienio gamintojams ir (arba) eksportuotojams, kurie parduoda produktus į Lietuvos muitų teritoriją.
Lietuvos įmonėms, naudojančioms tiriamąjį produktą savo gamyboje.

Kokie yra pagrindiniai punktai?

"Dempingas" reiškia produkto pardavimą į Lietuvos muitų teritoriją žemesne kaina nei jo normalioji vertė (palyginamoji kaina).
"Žala" reiškia materialinę žalą Lietuvos pramonei, kurią sukelia dempingas, arba materialinės žalos grėsmę, arba materialinį atitinkamos vidaus pramonės kūrimo sulėtinimą dėl dempingo.
Normalioji vertė nustatoma individualiai kiekvienam tiriamam eksportuotojui, remiantis kainomis, mokamomis ar mokėtinomis įprastos prekybos metu nepriklausomų vartotojų eksportuojančios šalies vidaus rinkoje.
Pardavimai eksportuojančios šalies vidaus rinkoje laikomi pakankamais normaliajai vertei nustatyti, jei jų apimtis sudaro 5% ar daugiau tiriamojo produkto pardavimų į Lietuvos muitų teritoriją apimties.
Tyrimo laikotarpis paprastai apima paskutinius finansinius metus prieš tyrimo pradžią, bet negali būti trumpesnis nei šeši mėnesiai.

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Nutarimas dėl Lietuvos Respublikos vyriausybės 1992 m. gegužės 12 d. nutarimo nr. 343 „dėl specialiųjų žemės ir miško…

Energetika ir tinklų sektoriai

Įstatymo tekstas

Turinys (42)

Article 1 Revised Version of the Anti-dumping Law of the Republic of Lithuania
Article 2 Definitions
Article 3 State Institutions Implementing the Law
Article 4 Establishment of the Normal Value
Article 5 Determination of Export Price of the Product in Question
Article 6 Comparison between the Normal Value and the Export Price
Article 7 Determination of the Dumping Margin
Article 8 Determination of Injury
Article 9 Definition of The domestic industry
Article 10 Initiation of Proceedings
Article 11 Application to Conduct the Investigation
Article 12 Examination of the Application Seeking Initiation of Investigation
Article 13 Making a Decision to Initiate the Investigation
Article 14 Period of Investigation
Article 15 The Investigation
Article 16 Limiting the Scope of Investigation
Article 17 Completion of Investigation
Article 18 Conditions of Application of Provisional Anti-dumping Duty
Article 19 Adoption of Decision to Impose a Provisional Duty
Article 20 Application of Provisional Anti-dumping Duty
Article 21 Payment of the Provisional Anti-dumping Duty
Article 22 Accepting a Price Undertaking
Article 23 Actions Following the Acceptance of a Price Undertaking
Article 24 Supervision of Fulfilment of Price Undertakings
Article 25 Failure to Fulfil the Price Undertaking
Article 26 Maintaining a Price Undertaking
Article 27 Decision to Apply Anti-dumping Duty
Article 28 Application of Anti-dumping Duty
Article 29 Amount of the Anti-dumping Duty
Article 30 Application of Anti-dumping Duty to the Products in Question Imported
Article 31 Duration of the Anti-dumping Duty
Article 32 Initiation of Review of Anti-dumping Duty Application and Price Undert
Article 33
Article 34 Anti-dumping Duty Application and Price Undertaking Review Procedures
Article 35 Refunds of the Anti-dumping Duty
Article 36 Cases of Circumvention of the Imposed Anti-dumping Duty
Article 37 Actions in Cases where Circumvention of the Anti-dumping Duty is Estab
Article 38 Appealing against the Decisions and Actions of the Institution Authori
Article 39 Publication of Resolutions and Decisions
Article 40 Disclosure of the Basic Facts and Motives to the Interested Parties
Article 41 Confidentiality of Information
Article 42 International Agreements

_____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 1Revised Version of the Anti-dumping Law of the Republic of Lithuania

The Anti-dumping Law shall be amended and set forth to read as follows: "ANTI-DUMPING LAW OF THE REPUBLIC OF LITHUANIA CHAPTER ONE GENERAL PROVISIONS

Article 1Purpose of the Law

The purpose of the Law is provision of legal conditions for the protection of the domestic industry in cases where an affirmative determination of dumping and injury to the domestic industry has been made during the investigation (conducted in accordance with the provisions of this Law) of imports into the customs territory of the Republic of Lithuania.

Article 2Definitions

As used in this Law:

1."Dumping" means sale of the product in question from the exporting country into the customs territory of the Republic of Lithuania at a price lower than its normal value (comparable price).

2."Product in question" means the product suspected of being imported into the customs territory of the Republic of Lithuania at a dumping price.

3."Dumping price" means the price at which the product in question is sold in the customs territory of the Republic of Lithuania from the country of export and which is less than the normal value (comparable price) of the product in question.

4."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. For the purposes of this Law, products that are located in the free economic zone shall be considered as located outside the customs territory of the Republic of Lithuania.

5."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 where otherwise provided by the international agreements to which the Republic of Lithuania is a part.

6."A like product" means an identical product, i.e. a product in all respects similar to the product in question, imported into the customs territory of the Republic of Lithuania or, where there is no identical product, any other product possessing similar properties.

7."Normal value (comparable price)" means the price paid or payable in the ordinary course of trade by independent consumers for the product in question destined for consumption in the domestic market of the exporting country, which is determined on the basis of provisions of Article 4 of this Law.

8."Export price" means the price actually paid or payable for the product in question sold for export into the customs territory of the Republic of Lithuania from the exporting country, determined on the basis provisions of Article 5 of this Law.

9."Dumping margin" means the amount by which the normal value exceeds the export price, determined in compliance with the provisions of Article 7 of this Law.

10."Exporting country" as a rule means the country of origin of the product, but may also be the intermediate country. However, the intermediate country shall not be considered as the exporting country if the product is only transhipped 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 product in the country.

11."Injury" means material damage to the domestic industry caused by dumping or the threat of material damage to the domestic industry or material retardation by dumping of the establishment of the corresponding domestic industry.

12."Domestic industry" means the Lithuanian producers as a whole of the like products or those of them whose collective output of the like products constitutes a major proportion of the total domestic production of the like products in the customs territory of the Republic of Lithuania as established in Article 9 of this Law.

13."Anti-dumping duty" means the duty imposed, upon the completion of the investigation, on the resolution of the Government of the Republic of Lithuania in respect of the product in question released into free circulation into the customs territory of the Republic of Lithuania imported from the exporters or the exporting countries indicated in the above resolution.

14."Provisional anti-dumping duty" means the duty imposed upon the resolution of the Government of the Republic of Lithuania in respect of the product in question, imported from the exporters or exporting countries of export specified in the resolution, released for free circulation into the customs territory of the Republic of Lithuania. The purpose of the duty is to avoid damage being caused to the domestic industry during the investigation period.

15."The interested parties" in the determination and application of anti-dumping procedures are:

1)Lithuanian producers (potential producers including) of the like product or trade or business associations the majority of whose members are Lithuanian producers of the like product;

2)the importers, foreign producers and/or exporters of the product in question or trade or business associations the majority of whose members are importers, foreign producers, and/or exporters of the product in question;

3)the governments of the countries of origin of the product in question or of countries from which the product in question is imported into the customs territory of the Republic of Lithuania (hereinafter -of the country of origin or exporting country of the product in question);

4)Lithuanian enterprises using the product in question for the manufacture of their products;

5)the Government of the Republic of Lithuania or other state institutions;

6)public organisations for the protection of Lithuanian consumer rights.

16."Exporter" means the natural or legal person of the exporting country, who/which sells the like products to a natural or legal person of the Republic of Lithuania or who/which has concluded any other contract for the supply of such products into the customs territory of the Republic of Lithuania.

17."Importer" means the natural or legal person of the Republic of Lithuania who has purchased the like products from a foreign country natural or legal person or has concluded any other contract for the supply of such products into the customs territory of the Republic of Lithuania.

18."Import" means the release of the product in question into free circulation in the customs territory of the Republic of Lithuania.

19."The period of investigation" means the period of time for which the financial and other information required for the investigation is examined in the investigation of dumping. Normally, this period shall embrace the last financial year preceding the initiation of the investigation to determine the existence of dumping. In no case may the period be shorter than six months before the date of adoption of the decision to conduct the investigation.

Article 3State Institutions Implementing the Law

1.The Anti-dumping Law shall be implemented by the Government of the Republic of Lithuania (hereinafter - the Government) and the institution authorised by it.

2.The institution authorised by the Government (hereinafter - the Institution) shall conduct the investigation, make samplings, accept from the producer or exporter undertakings regarding the raising of the price or undertakings to cease export of the product in question at dumped prices into the customs territory of the Republic of Lithuania (hereinafter - price undertaking), monitor fulfilment of the undertakings, carry out reviews of the applied anti-dumping duties and price undertakings and perform other functions established under this Law or by the Government, make decisions to conduct or not to conduct the investigation, to suspend, extend the duration, limit the extent of or complete the investigation, to accept or refuse accepting the price undertaking, to review the anti-dumping duty or price undertaking, shall prepare and submit to the Government proposals to apply the provisional anti-dumping duty, to extend the period of its application, to change the amount of the anti-dumping duty or to terminate the duty (after a review), to refund the anti-dumping duty, shall also furnish to the Government information containing, among other data, facts and reasons on which the above proposals are based.

3.The Government shall adopt a resolution to impose a provisional anti-dumping duty, to impose the anti-dumping duty, to extend the period of application of the duty, to change the amount of the anti-dumping duty or to repeal the duty (following the review), to refund the anti-dumping duty.

CHAPTER TWO DETERMINATION OF DUMPING

Article 4Establishment of the Normal Value

1.The normal value shall be established by the Institution:

1)upon initiating the investigation of dumping in accordance with the provisions of Article 10 of this Law. The preliminary normal value established in the course of the investigation shall be applied to determine the preliminary margin of dumping, based whereon the provisional anti-dumping duty may be calculated;

2)before the decision to terminate the investigation is made. The normal value established on the basis of investigation results shall be used for determining the margin of dumping. The anti-dumping duty shall be calculated based on the margin except where the margin of dumping is de minimis according to paragraph 5 of Article 12 of this Law.

2.The normal value shall be established individually to every exporter under investigation based on the prices paid or payable, in the ordinary course of trade, for the product in question by independent customers in the domestic market of the exporting country, except where the normal value is established in accordance with the provisions of paragraph 17 of this Article.

3.Where the exporter in the exporting country does not produce or does not sell the like product, the normal value may be established on the basis of prices in the domestic markets of other sellers or producers in the ordinary course of trade in the exporting country.

4.Where there are no or insufficient sales of the like product in the ordinary course of trade in the domestic market of the exporting country or where because of the particular market situation such sales do not permit a proper comparison of the normal value and export price, the normal value of the product in question shall be determined:

1)on the basis of the cost of production in the country of origin plus a reasonable amount for selling, administrative and general costs and for reasonable profits, or

2)on the basis of the export price, in the ordinary course of trade, to an appropriate third country, provided that this price is typical, representative of the market price of the product in question during the export of the product into the customs territory of the Republic of Lithuania.

5.Sales of the product in question destined for consumption in the domestic market shall be deemed sufficient to be used to determine normal value if such sales volume constitutes 5% or more of the sales volume of the product in question into the customs territory of the Republic of Lithuania. However, a lower volume of sales may be used when the prices charged are considered representative for the market concerned and permit a proper comparison.

6.Prices of the product in question paid between natural and legal persons who appear to be associated or to have a compensatory arrangement with each other (according to paragraphs 3 and 4 of Article 9 of this Law), where this directly or indirectly affects the prices of the products, shall not be considered as prices in the ordinary course of trade and shall not be used to establish the normal value, unless it is determined that the prices of the products in question are not affected by that relationship between the natural and legal persons.

7.Sales of the product in question in the domestic market of the exporting country, or export sales to a third country, at prices below unit production costs (fixed and variable) plus selling, administrative and general costs and reasonable profits shall be treated as being not in the ordinary course of trade and may be disregarded in determining normal value. The above provision shall be applicable only where it is determined that such sales are made:

1)within an extended period (usually one year). However even in the case of evident dumping the period may be not less than six months.;

2)in substantial quantities, as defined in paragraph 9 of this Article;

3)at prices which do not provide for the recovery of all unit costs within a reasonable period of time.

8.If prices of the product in question in the domestic market of the exporting country at the time of sale to a third country are below the product unit costs specified in paragraph 7 of this Article but are above weighted average costs for the period of investigation, such prices shall be considered to provide for recovery of costs within a reasonable period of time.

9.Sales below unit costs specified in paragraph 7 of this Article shall be considered to be made in substantial quantities within such a period when it is established that:

1)the weighted average unit selling price for determining the normal value according contracts is below the weighted average unit costs specified in paragraph 7 of this Article, or

2)the volume of sales below unit costs specified in paragraph 7 of this Article is not less than 20% of the sales in the domestic market of the exporting country, being used to determine the normal value.

10.All contracts concluded by the exporter with the domestic purchasers of the product in question during the period of investigation shall be examined to determine the normal value. The exporter's transactions shall be examined according to the primary documents of sale (invoices, accounts, contracts, price-lists, etc.) by identifying the product, analysing the volume of sales in physical and value terms, on the basis of prices, purchasers (wholesalers, retailers), discounts and rebates given, dates of sales and other factors.

11.In order to effect a fair comparison between the normal value of the product in question and its export price for determining the dumping margin, due allowance, in the form of adjustments according to the provisions of paragraph 2 of Article 6 of this Law, shall be made with respect to the normal value established on the basis of the primary documents. Any adjustments shall be made to the normal value for differences in the conditions of trade in the exporting country and Lithuania.

12.The amounts for production, for selling, for general and administrative costs of the product in question shall normally be calculated on the basis of records submitted by the exporter or producer under investigation, provided that such records are in accordance with the generally accepted accounting principles of the exporting country and that it is shown that the records reasonably reflect the costs associated with the production and sale (distribution) of the product under consideration.

13.During the investigation the institution shall consider all available evidence on the proper allocation of costs, including that which is made available by the exporter or producer in the course of the investigation provided that such allocations have been historically utilised by the exporter or producer, in particular in relation to establishing appropriate amortisation and depreciation periods and allowances for capital expenditure and other development costs. In the absence of a more appropriate method, preference shall be given to the allocation of costs on the basis of turnover.

14.Unless already reflected in the cost allocations under paragraph 13 of this Article, costs shall be adjusted appropriately for those non-recurring items of cost which benefit future and/or current production or for circumstances in which costs during the period of investigation are affected by adjustment.

15.Where, during the period of investigation (or part of it) the costs for part of the period for cost recovery are affected by new production (due to the use of new production facilities requiring substantial additional investment and by low capacity-utilisation rates in the use of the facilities), the average costs for the start-up phase shall be those applicable, under the allocation rules referred to in paragraph 13 of this Article, at the end of such a phase, and shall be included, under the provisions of paragraphs 7, 8 and 9 of this Article, in the weighted average unit costs. If the length of the start-up phase exceeds the investigation period, the costs at the end of the investigation period shall be considered as average costs. The said costs could be reasonably relied upon during the investigation.

16.The amounts for selling, for general and administrative costs and for profits shall be based on actual data pertaining to production and sales, in the ordinary course of trade, of the product in question, by the exporter or producer under investigation. When the amounts of costs and profit cannot be determined on this basis, the amounts may be determined on the basis of:

1)the weighted average of the actual amounts determined for other exporters or producers subject to investigation in respect of production and sales of the product in question in the domestic market of the country of origin;

2)the actual amounts applicable to production and sales, in the ordinary course of trade, of the same general category of products for the exporter or producer in question in the domestic market of the country of origin;

3)any reasonable method, other than that referred to in subparagraphs 1 and 2 of this paragraph, provided that the amount for profit so established shall not exceed the profit normally realised by other exporters or producers on sales of products of the same general category in the domestic market in the country of origin.

17.In anti-dumping investigations concerning imports into the customs territory of the Republic of Lithuania of the products in question from a non-market economy country a single normal value for all imported products in question originating from the country (save for the case provided in paragraph 21 of this Article) shall be constructed in any of the following ways:

1)on the basis of the price of the product in question in the producer's domestic market in a market economy third country (hereinafter - third country) or the value constructed in a third country on the basis of the costs of production plus a reasonable amount for selling, administrative and general costs and for profits;

2)on the basis of the price of the product in question when sold from such a third country to other countries, the Republic of Lithuania including;

3)where it is not possible to determine normal value in the manner specified in paragraphs 1 and 2 of this Article, it may be determined on any other reasonable basis, including the price actually paid or payable in the customs territory of the Republic of Lithuania for the like product, duly adjusted if necessary to include a reasonable profit margin.

18.The list of non-market economy countries and countries with respect to which special regime is applied shall be approved by the Government.

19.The third country specified in paragraph 17 of this Article shall be selected in a not unreasonable manner, due account being taken of any reliable information of the conditions of production of the product in question in the country, including the production process and volume of production of the product in question as well as all available information on the market conditions in the country during the period of investigation and in comparison to the market conditions of the country under investigation. The time limit set for conducting the investigation must also be taken into account. Where possible, a market economy country taking part in the investigation shall be selected as the third country. The interested parties shall be notified of the selection of the third country shortly after the entry into force of the decision to conduct the anti-dumping investigation and shall be given 10 calendar days to comment on the selection of the country.

20.Proceeding with the investigation and having regard to the limited time period, the Institution may replace the third country selected for imposing the provisional anti-dumping duty by another country and, having made calculations on the basis of the data relating to the latter, submit a proposal to the Government to impose the definitive anti-dumping duty. Such replacement shall be allowed where, during the investigation of imports into the customs territory of the Republic of Lithuania of products produced by a non-market economy country a decision is taken to conduct another anti-dumping investigation concerning the product in question produced in a market economy country. A third country other than the one selected for the initial investigation (on the basis of which the imposed anti-dumping duty is applied) may be selected also when reviews are carried out pursuant to the provisions of Chapter Seven of this Law.

21.In anti-dumping investigations concerning import into the customs territory of the Republic of Lithuania of the products in question (produced in countries on the list referred to in paragraph 18 of this Article or in any other non-market economy country which is a member of the World Trade Organisation on the date of the initiation of the investigation), normal value shall be determined in accordance with the procedure applied in respect of the market economy exporting country only if it is shown by the documents submitted by the exporter subject to the investigation that market economy conditions prevail for this producer or producers in respect of the manufacture and sale of the product in question. In the absence of such evidence, normal value shall be determined in accordance with the provisions of paragraph 17 of this Article.

22.The Institution, having given the interested parties an opportunity to comment, must within three months of the initiation of the investigation (according to the criteria specified in paragraph 23 of this Article) make a determination whether the producer operates under market-economy conditions. The determination made by the Institution on the issue shall remain in force throughout the investigation.

23.The criteria on the basis of which the Institution (upon being submitted appropriate documents) determines whether the producers of the countries specified in paragraph 21 of this Article produce the product in question under the market-economy conditions shall be as follows:

1)decisions of the producer regarding the management of the enterprise, costs and inputs into the production of the product in question, including costs of raw materials and other resources, cost of technology and labour, sales and investment are made without significant state interference in this regard, in response to market signals reflecting supply and demand, and costs of major inputs into the production of the product in question substantially reflect market values thereof in the country;

2)the producer has one clear set of basic accounting records which may be independently audited and which are applied for all purposes;

3)the production costs and financial situation of the enterprise are not subject to significant distortions carried over from the former non-market economy system, in particular in relation to depreciation of assets, other write-offs, barter trade and payment via compensation of debts;

4)the enterprise concerned is subject to the Enterprise Bankruptcy Law and Enterprise Law;

5)exchange-rate conversions are carried out at the market rate.

Article 5Determination of Export Price of the Product in Question

1.In anti-dumping investigation the export price shall be determined in respect of each exporter under investigation, except for the cases specified in paragraph 2 of this Article.

2.Where in anti-dumping investigation of products imported into the customs territory of the Republic of Lithuania from non-market economy countries the Institution determines for the exporter an individual normal value according to the requirements laid down in paragraph 21 of Article 4 of this Law, an individual export price must also be determined. In any other case a single export price shall be determined for all exporters from the non-market economy country subject to investigation on the basis of a weighted average of prices of all export transactions from that country.

3.In order to determine the export price, all export transactions made by the exporter of the product in question with all purchasers during the period of investigation or those of the transactions which are representative of adequate volume of export sales shall be investigated, including export transactions from the exporting country into the customs territory of the Republic of Lithuania via the third countries.

4.The exporter's transactions shall be considered on the basis of the primary documents of sale (invoices, accounts, contracts, price-lists, etc.) by identifying the product, analysing the volume of sales in physical and value terms, the prices of purchasers (wholesalers, retailers), discounts and rebates given, dates of sales and other factors.

5.Adjustments of the export price determined on the basis of primary documents may be made for the factors specified in paragraph 2 of Article 6 of this Law in order to permit comparison of the normal value and export price of the product in question for the purpose of determining the reasonable margin of dumping.

6.In cases where the export price may not be established or where the Institution suspects that the export price is unreliable (because of an association or a compensatory arrangement between the exporter and the importer or a third party), the export price may be constructed on the basis of the price at which the imported product is resold to the first buyer which does not appear to be associated or to have a compensatory arrangement with the exporter. If the product is not resold to such a buyer or is not resold in the condition in which it was imported, the export price shall be constructed on any other reasonable basis.

7.In the cases specified in paragraph 6 of this Article adjustment of the constructed export price for all costs (including duties and taxes, incurred between importation and resale, and for profits accruing) shall be made so as to establish a reliable export price, at the customs border of the Republic of Lithuania.

8.In the cases where regular costs of the domestic importer are borne by another natural or legal person who/which appears to be associated or to have a compensatory arrangement with the domestic importer or exporter, adjustment of the export price may be made for:

1)usual differences in transport, insurance, handling, loading and ancillary costs;

2)differences in various duties and other taxes payable in the importing country by reason of the importation or sale of the goods;

3)differences in the selling, general and administrative costs and profit.

Article 6Comparison between the Normal Value and the Export Price

1.In order to determine the margin of dumping, the Institution shall make a comparison between the export price and the normal value of the product in question. This comparison shall be made at the same level of trade (normally at the ex-factory level, transport and distribution costs excluded) and in respect of sales of the products in question made at as nearly as possible the same time. In each specific case due account must be taken of other differences which affect prices and price comparability. Due allowance, in the form of export price and normal value adjustments, shall be made in each case, on its merits, for the above differences. Making adjustments, costs at the end of the indicative period must be demonstrated or, where the period is longer than the period of investigation, costs of the longer period, which the Institution may take account of during the investigation.

2.The factors for which adjustments of the normal value and export price are made are as follows:

1)physical characteristics of the product sold for export and product destined for consumption in the domestic market of the exporting country. The amount of the adjustment must correspond to a reasonable estimate of the market value of the difference in physical characteristics of the product sold for export and product destined for consumption in the domestic market. No adjustments shall be made for differences in physical characteristics which do not affect the market price of the products;

2)import charges and indirect taxes. The amount of adjustment must correspond to any import charges or indirect taxes borne by the product in question or by materials incorporated therein, when the product is destined for consumption in the exporting country which, however, are not collected or refunded in respect of the product exported to the customs territory of the Republic of Lithuania;

3)discounts, rebates and quantities. An adjustment shall be made for differences in discounts and rebates, including those given for differences in quantities of products sold, if these are directly linked to the sales under consideration during anti-dumping investigation. An adjustment may also be made for deferred discounts and rebates, if the claim is based on consistent practice in earlier periods before the conduct of the anti-dumping investigation, including compliance with the conditions required to qualify for the discount or rebates;

4)level of trade (wholesale, retail trade, etc.). An adjustment shall be made for differences in levels of trade where, in relation to the distribution chain in the domestic market and export market, it is shown that the export price (including a constructed export price) is at a different level of trade from the normal value and such difference in the levels of trade affects price comparability; this is demonstrated by consistent and distinct differences in levels of trade and prices of the seller in the domestic market of the exporting country. The amount of the adjustment shall be based on the market value of the difference. When an existing difference in levels of trade cannot be quantified because of the absence of the relevant levels of trade in the domestic markets of the exporting country, or due to other circumstances, a special adjustment may be granted;

5)transport, insurance, handling, loading, preparation for trade (container terminal charges, customs agent fees, etc.) and ancillary service costs. An adjustment shall be made for differences in the directly related costs incurred for conveying the product concerned from the premises of the exporter to an independent buyer (where such costs are included in the prices charged). For the purpose of comparison of prices at the ex factory level, transport costs, if they are included in the normal value and/or export price, must be excluded;

6)packing. An adjustment shall be made for differences in the directly related packing costs for the product in question;

7)credit. An adjustment shall be made for differences in the cost in any credit granted for the sales under consideration, provided the differences (more favourable credit conditions) determine the customer's decision to take the credit and therefore affect the comparability of prices;

8)after-sales costs. An adjustment shall be made for differences in the direct costs of providing warranties, guarantees, technical assistance and services as established by this Law or contracts of sale. No adjustments shall be made, however, if the costs of guarantee are no related to the period under investigation;

9)commissions. An adjustment shall be made for differences in commissions paid by the exporter to the trader or trade agent (calculated for each sale under consideration);

10)currency conversions. Normally, when the price comparison requires a conversion of currencies, such conversion must be made. Conversion shall be made using the rate of exchange on the date of sale. Normally, the date of sale shall be the date of invoice, but the date of contract, purchase order or order confirmation may be used if these more appropriately establish the material terms of sale. When a sale of foreign currency on forward markets is directly linked to export sale into the customs territory of the Republic of Lithuania of the product in question, the rate of exchange in the forward sale shall be used. Fluctuations in exchange rates shall be ignored and exporters shall be granted 60 days to reflect a sustained movement in exchange rates during the investigation period;

11)other factors. An adjustment may also be made for differences in other factors if it is demonstrated that they affect price comparability. Having regard to the fact that some of the factors listed in paragraph 2 of this Article may coincide, the Institution must ensure that any duplication when making adjustments is avoided, in particular in relation to discounts, rebates, quantities and level of trade.

3.Adjustments may be made on the initiative of the Institution or upon the application of the country interested in adjustment. If the country interested in adjustment indicates in its application that the normal value and the export price are not on a comparable basis, it must present to the Institution evidence that difference in various factors affect prices or their comparability.

4.In the case where the products are exported to the customs territory of the Republic of Lithuania not from the country of origin but from an intermediate country, a comparison shall be made between the export price and the normal value of the product in the exporting country. If the product is merely transhipped through the intermediate country or if such product is not produced in that country, or there is no comparable price for it in that country, the export price shall be compared with the normal value in the country of origin of the product.

Article 7Determination of the Dumping Margin

1.After a comparison between the normal value and export price has been made according to Article 6 of this Law, the existence of margins of dumping in the course of the investigation period shall be established.

2.An individual dumping margin shall be established in respect of every exporter under investigation, except in cases specified in paragraph 7 of this Article.

3.The dumping margin shall be established:

1)on the basis of a comparison of a weighted average normal value with a weighted average of prices of all export transactions in relation with such products to the customs territory of the Republic of Lithuania or

2)by a comparison of individual normal values and individual export prices to the customs territory of the Republic of Lithuania on a transaction-to-transaction basis.

4.A normal value established on a weighted average basis may be compared to prices of all individual export transactions to the customs territory of the Republic of Lithuania, if the Institution establishes that there is an export pattern which differs significantly among different purchasers, regions or time periods, and if the above-specified methods - a comparison of a weighted average with a weighted average (subparagraph 1 of paragraph 3 of this Article) or a comparison on a transaction-to- transaction basis (subparagraph 2 of paragraph 3 of this Article) does not reflect the full degree of dumping being practised.

5.Where dumping margins vary, a weighted average dumping margin may be established.

6.The provisions of this Article shall not preclude the use of sampling in accordance with Article 16.

7.Where imports of a product originating in a non-market economy country are subject to anti-dumping investigation, a single margin of dumping shall be established for all products in question originating from the above country, imported into the customs territory of the Republic of Lithuania, save for the cases provided in paragraph 8 of this Article. The margin of dumping shall be calculated by comparison of the general normal value established for the country and the single export price established for the country.

8.An individual dumping margin may also be established for a separate exporter from a non-market economy country if:

1)individual normal value may be established for the exporter in accordance with the provisions of paragraph 21 of Article 4 of this Law. In this case the individual dumping margin shall be calculated for the exporter by comparison of the individual normal value established for him and the individual export price;

2)the exporter from a non-market economy country (not referred to in paragraph 21 of Article 4 of this Law) presents sufficient evidence to prove that neither the management of the enterprises, nor the production of the product in question or prices are subject to State regulation. In this case the individual dumping margin shall be established on the basis of a comparison of the single normal value established for the entire non-market economy with the individual export price established for the exporter in compliance with the requirements of Article 5 of this Law.

9.The individual dumping margin may be determined according to the provisions of paragraph 8 of this Article only in the case where this is requested by the producer or exporter of the product in question. The application must be filed within the time-limit set by the Institution for replies according to paragraph 2 of Article 15 of this Law, indicating valid reasons for determining the individual dumping margin, whereas the applicant shall provide conditions for the Institution for verification checks of the submitted evidence. Where the application is filed by the importer on behalf of the producer or exporter, the application shall be deemed to lack sufficient substantiation and performance of individual calculations shall be refused.

Article 8Determination of Injury

1.Actual injury suffered by the domestic industry due to dumped imports shall be demonstrated by a negative effect on its economic factors and indices.

2.A determination of injury to the domestic industry for purposes of paragraphs 3, 4 and 5 of this Article shall be based on the submitted evidence and shall involve an examination of:

1)the volume of the imports of the product in question into the customs territory of the Republic of Lithuania and the effect of the imports on prices in the domestic market for like products;

2)the impact of the imports of the product in question on the state of the domestic industry.

3.Where the impact of imports of the product in question is subject to investigation, a determination must be made whether there has been a significant increase, either in absolute terms or relative to production of the like product or relative to consumption in the customs territory of the Republic of Lithuania.

4.With regard to the effect of the imports of the product in question on prices, consideration shall be given to:

1)whether there has been significant price undercutting by the imports of the product in question as compared with the price of a like product of the domestic industry, or

2)whether the effect of such imports is otherwise to depress prices to a significant degree or prevent price increases, which would otherwise have occurred, to a significant degree.

5.The examination of the impact of the imports of the product in question on the domestic industry shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the domestic industry (economy sector), including:

1)the fact that the domestic industry is still in the process of recovering from the effects of past dumping or subsidisation;

2)actual and potential decline in output and sales by the domestic producers of the like product, also in profits, market share, productivity, return on investments, or utilisation of capacity;

3)factors affecting the prices of the like products in the customs territory of the Republic of Lithuania;

4)the magnitude of the actual margin of dumping;

5)actual and potential effects on cash flow, stocks of the like product, employment of workers (directly engaged in the production of the product), their wages, growth in the production of the like product, or ability to raise capital or investments, etc.

6.Where imports of the product in question from more than one country are simultaneously subject to anti-dumping investigations, the effect of such imports shall be cumulatively assessed (without investigating the effect of the imports of the product in question separately from each country) only if it is established that:

1)the margin of dumping established in relation to the imports from each country and the volume of imports of the product in question from each country is not negligible (according to paragraph 6 of Article 12 of this Law);

2)a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between imported products and the conditions of competition between imported products in question and the conditions of competition between the imported products in question and the like products of the domestic industry. In other cases the effects of imports shall be assessed separately for each country.

7.In the circumstances specified in paragraph 5 of Article 9 of this Law injury from dumping may be found to exist even where a major portion of the domestic industry is not injured provided it is proved that:

1)there is a concentration of dumped imports of the product in question into such an isolated market and

2)such imports are causing injury to the producers of all or not less than 80% of the production of the like product within such market.

8.When determining the injury caused to the domestic industry, the Institution must also examine known factors other than the dumped imports which at the same time are injuring the domestic industry so as to ensure that injury caused by these other factors is not attributed to the dumped imports, including:

1)the volume and prices of imports of the product in question not sold at dumping prices;

2)contraction in demand or changes in the patterns of consumption of the like product;

3)restrictive trade practices of, and competition between, third country and the domestic industry;

4)developments in technology and the export performance and productivity of the domestic industry, etc.

9.The effect of the dumped imports of the product in question shall be assessed in relation to the production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, producers' sales and profits. If such separate identification of that production is not possible, the effects of the dumped imports shall be assessed by examination of the production of the narrowest group (that includes the like product)) for which the necessary information can be provided.. The provisions of this paragraph shall be applied also in the cases specified in paragraph 5 of Article 9 of this Law.

10.A determination of a threat of injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent.

11.In making a determination regarding the existence of a threat of injury to the domestic industry, consideration should be given to :

1)a significant rate of increase of dumped imports into the customs territory of the Republic of Lithuania indicating the likelihood of substantially increased imports;

2)sufficient freely disposable capacity of the exporter or an imminent substantial increase in such capacity indicating the likelihood of substantially increased dumped exports into the customs territory of the Republic of Lithuania. In such case account must be taken of the availability of other export markets to absorb any additional exports;

3)whether imports of the product in question are entering at prices that would, at a significant degree, depress prices of the domestic industry in the domestic market or prevent price increases which otherwise would have occurred, and would probably increase demand for further imports of the product in question;

4)stock-levels of the product under consideration, etc.

12.The list of factors specified in paragraphs 2, 4, 5, 8 and 11 is not full. No one of the factors listed above by itself can necessarily give decisive guidance in making a definitive decision, but the totality of the factors must lead to the conclusion that further dumped exports are imminent and that, unless antidumping duty is imposed, injury to the domestic industry will occur in future.

Article 9Definition of The domestic industry

1.The term "domestic industry" shall be interpreted as referring to the domestic producers of the like product, if the collective output of the producers of the like product, expressing support for the application requesting initiation of antidumping investigation (except in cases established in paragraphs 2 and 5 of this Article) constitutes:

1)more than 50% of the total production of the like product of the producers who have expressed their support for or opposition to the conduct of the investigation; and

2)more than 25% of the total production of the like product produced in the Republic of Lithuania.

2.When the Lithuanian producers are related to the exporters and importers of the product in question or are themselves importers of such product, the term "domestic industry" shall be interpreted as referring to the rest of the producers of the like product and the output of production of the products in question of the above producers shall be disregarded when determining whether the output of production of a certain group of producers constitutes major proportion of the total production of the products in question in the customs territory of the Republic of Lithuania.

3.In the circumstances specified in paragraph 2 of this Article, where there are grounds for believing that the related producers shall behave differently from non-related producers, the producer shall be deemed to be related to the exporter or the importer only in the cases if:

1)one of them directly or indirectly controls the other;

2)both of them are directly or indirectly controlled by a third natural or legal person;

3)together they directly or indirectly control a third natural or legal person.

4.The producer, exporter, importer shall be deemed to control another producer, exporter, importer when the former is legally or operationally in a position to exercise restraint or direction over the latter.

5.In exceptional circumstances (where there is a concentration of imports of the product in question into a certain isolated market and the imports are causing injury to the producers of such isolated market) the customs territory of the Republic of Lithuania may, for the investigation of the production of the like product, be divided into two or more markets. The producers within each market may be regarded as a separate domestic industry if:

1)the producers within such market sell all or not less than 80% of their production of the like product;

2)the total demand in that market for the like product is not met or is met by less than 20% by producers of the like product located elsewhere in the customs territory of the Republic of Lithuania.

6.Where the domestic industry (according to paragraph 5 of this Article) has been interpreted as referring only to the producers in a certain market in the customs territory of the Republic of Lithuania, the producers or exporters of the product in question shall be offered an opportunity, pursuant to the provisions of Chapter Five, to offer undertakings to increase the prices or to cease exports of the product in question to the area in question of the customs territory of the Republic of Lithuania at dumped prices.

7.In the case established in paragraph 6 of this Article, when evaluating the State interest of the antidumping measures, special account shall be taken of the interests of the region. If an adequate undertaking is not offered promptly, or the situations set out in Article 25 of this Law apply, an antidumping duty (including a provisional antidumping duty) may be imposed in respect of the product in question imported into the customs territory of the Republic of Lithuania as a whole.

CHAPTER THREE ANTI-DUMPING INVESTIGATION

Article 10Initiation of Proceedings

1.An investigation to determine the existence, effect and degree of any alleged dumping shall be initiated upon the receipt by the Institution of a written application on behalf of the domestic industry in accordance with the requirements of Article 11 of this Law and make a decision to conduct the investigation.

2.The application may be lodged on behalf of the domestic industry as it is defined in paragraph 3 of Article 12 of this Law by a natural or legal person or the associations representing them.

3.By way of exception, where the investigation may not be initiated on the application by the domestic industry, the investigation may be initiated on the application by the ministry/ministries to whose sphere of government production of the product in question has been assigned or on the application lodged by the associations representing the domestic industry, in which the evidence specified in Article 11 of this Law must be presented.

Article 11Application to Conduct the Investigation

1.An application to conduct the investigation shall include evidence of dumping, injury to domestic industry and a causal link between the dumped imports of the product in question and injury to domestic industry. The application for the conduct of investigation shall be lodged with the following information attached as separate annexes (if the information is available to the applicant):

1)the applicant's (applicants'), if he is a natural person, name, surname, address and telephone number (if the applicant is a legal person - the name, code of the enterprise, address of the seat and telephone number); the list of the known Lithuanian producers of the like product (or associations of the producers of the like product in Lithuania);

2)where the applicant's output of the like product does not constitute the volume specified in paragraph 1 of Article 9 of this Law, the applicant shall be entitled to appeal to other domestic producers of the like product requesting they support in writing the application to initiate the investigation. Notices of support which are submitted to the Institution together with the application must specify the volume of each of the supporting producer's production of the like product in the customs territory of the Republic of Lithuania in physical and value terms as well as indicating the proportion of the total domestic production of the like product in the customs territory of the Republic of Lithuania this constitutes;

3)a complete description of the product in question (including physical, technical, chemical characteristics and properties of consumption) as well as the code number according to the Combined Nomenclature of the Republic of Lithuania of Common Customs Tariffs and Foreign Trade Statistics;

4)the names of the countries of export of the product in question;

5)names and addresses of all known foreign producers and/or exporters of the product in question;

6)names and addresses of all known importers of the product in question;

7)information necessary for determining the normal value according to of prices at which the product in question is sold when destined for consumption in the market of the country of origin and/or export or where the normal value, in the applicant's opinion, is subject to be determined according to any other procedure specified in Article 4 of this Law - information required for determining the normal value according to a certain procedure.

8)information necessary for determining the export price;

9)information on changes in the volume of imports of the product in question, the effect of those imports on prices of the like product on Lithuania's market and consequent impact of the imports on the domestic industry (as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as those listed in Article 8 of this Law).

2.In addition to information specified in paragraph 1 of this Article, the application requesting initiation of investigation shall be accompanied by other documents justifying the application. A non-confidential summary of the application requesting initiation of investigation shall also be submitted.

3.Unless a decision has been made to initiate an investigation, publishing of the received application seeking initiation of investigation shall be avoided, however, after receipt of the application and in the case specified in paragraph 3 of Article 10 of this Law before proceeding to initiate the investigation the Institution shall through the diplomatic channels notify the governments of the countries of origin or export of the product in question.

Article 12Examination of the Application Seeking Initiation of Investigation

1 After receipt of the application seeking initiation of investigation the Institution shall ascertain whether the application has been filed on behalf of the domestic industry as specified in paragraph 3 of this Article, whether the application complies with the requirements of Article 11, examine the evidence provided in the application and determine whether there is sufficient evidence to justify the initiation of investigation. Where at least one of the specified conditions is not met, the Institution shall notify the applicant thereof and set the time limit for rectifying the shortcomings. In case of failure by the applicant to rectify the shortcomings within the time limits fixed by the Institution or if the additionally submitted evidence is not sufficient to justify the initiation of anti-dumping investigation, as established in paragraph 1 of Article 11 of this Law, the Institution shall make a decision not to initiate the investigation.

2.If the applicant's volume of production of the like product does not account for the volume established in paragraph 1 of Article 9 of this Law and he is unable for objective reasons to present a sufficient degree of evidence of written support by other domestic producers of the like product of his application seeking initiation of investigation, the Institution may, within 30 calendar days from the receipt of the application seeking initiation of investigation, question other domestic producers of the like product whether or not they support the application.

3.The application shall be considered to have been made on behalf of the domestic industry if the collective output of the applicant and the producers of the like product constitutes the proportion of production established in paragraph 1 of Article 9 of this Law.

4.No investigation shall be initiated when it is established upon the examination of the application and having questioned domestic producers, that:

1)the application may not be considered filed on behalf of the domestic industry since under the conditions stipulated in paragraph 3 of this Article it is supported by an insufficient number of domestic producers of the product in question;

2)the evidence of dumping, injury and causal link between the imports of the product in question and injury to the domestic producers is insufficient to justify the initiation of investigation;

3)the margin of dumping and/or the volume of dumped imports (actual or potential) is negligible according to paragraph 5 of this Article.

5.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 of the product in question. The volume of dumped imports shall be regarded as negligible if at least one of the conditions specified below is satisfied:

1)the volume of import of the product in question from a particular country is found to account for less than 3% of imports of the like product in the customs territory of the Republic of Lithuania, unless countries which individually account for less the 3% of the imports of the product in question, collectively account for over 7% of imports of the product in question in the customs territory of the Republic of Lithuania;

2)the volume of imports of the product in question from a particular country represents a market share of below 1%, unless countries which individually account for less than 1% of imports of the product in question, collectively account for 3% or more of the consumption of the like product in the customs territory of the Republic of Lithuania.

6.In the cases other than those established in paragraph 5 of this Article, the margin or dumping and the volume of imports of the product in question shall be more than negligible.

Article 13Making a Decision to Initiate the Investigation

1.Having examined the received application and the accompanying information, the Institution shall within 45 calendar days from the receipt of the application make a decision to initiate or to refuse initiating the investigation and notify the applicant/applicants thereof.

2.Where the application requesting initiation of investigation has been filed by the domestic producers and it meets the requirements laid down in paragraph 1 of Article 11 of this Law and provided not a single condition stipulated in paragraphs 4 and 5 of Article 12 this Law is satisfied, the Institution shall make a decision to initiate the investigation, otherwise the application shall be rejected.

3.Having made a decision to initiate the investigation, the Institution shall publish a notice thereof in the Information Supplement to "Valstybės žinios" (Official Gazette) according to the procedure established in Article 39 of this Law and notify the known interested parties. Without breaching the provisions of Article 41 of this Law, the text of the application must be submitted to all known exporters of the product in question and governments of the exporting countries. Where there is a large number of producers or exporters of the product in question, the text of the application requesting initiation of investigation may be submitted only to the governments of the exporting countries or relevant trade or business associations.

4.The investigation shall not suspend or restrict the procedures of customs clearance of the product in question.

Article 14Period of Investigation

Normally, the investigation shall be completed within one year. As necessary, upon the decision of the institution, the investigation period may be extended for newly discovered due cause, however, for not longer than 6 months.

Article 15The Investigation

1.Following the making of the decision to initiate the investigation, the Institution shall draw up and provide all known domestic producers, importers, foreign producers and exporters with appropriate questionnaires with a notice of the information required for investigation purposes.

2.Parties concerned, receiving questionnaires in the investigation shall be allowed at least 30 calendar days to reply (counting from the date of receipt of the questionnaire). The questionnaire shall be deemed to have been received one week from the day on which it was sent or transmitted to the diplomatic representative of the appropriate exporting country. The Institution, taking due account of the time-limits of the investigation, may grant an extension to the above-specified period, provided that the party shows due cause to such extension, in terms of its particular circumstances.

3.Normally, in the course of the investigation reliable financial and other information of the period of investigation for which the above information and other data necessary for investigation may be collected shall be examined. The period of investigation shall be specified in the decision of the Institution to initiate the investigation. For the purpose of assessing the injury caused by dumping the information of three months immediately prior to the initiation of investigation shall be examined. Information relating to a period subsequent to the investigation period shall not be considered.

4.Only information submitted in writing shall be taken into account during the investigation.

5.In order to verify the information provided by the interested parties, where the information submitted by the applicant/applicants, other interested parties or obtained from other sources is contradictory or in order to obtain further details, the Institution may apply to the government of the country of origin or exporting country for agreement to conduct investigation in its territory and, upon obtaining the agreement of the government and of the enterprises concerned (foreign producer or exporter of the product in question), conduct the investigation. The investigation shall be carried out in the territory of the country of origin or export in compliance with the procedure laid down by the Government or the institution authorised by it.

6.In compliance with the provisions of paragraph 5 of this Article, the Institution may organise verification visits in the place of business of the enterprises concerned in order to examine the records (primary data and documents) of and information provided by foreign producers, exporters, importers, traders (or their agents), the associations representing them. The verification visits shall be conditional on proper and timely replies to questionnaires being received. Before the visit is finally scheduled, the enterprises concerned must be advised of the general nature of the information to be verified and of any further information which needs to be provided during the visit. In investigations carried out the Institution upon its request may be assisted by officials of the country of origin or export of the product in question, in which the investigation is carried out.

7.Where the party concerned does not cooperate with the Institution which carries out the investigation, significantly impedes the investigation, refuses access to or otherwise does not provide necessary information or does not provide it within the set time limits or provides only a part of the information, or where it is found that the interested party has supplied false information, the false information shall be disregarded in the decision making and use shall be made of the provided information and evidence available to the Institution. A decision made by the Institution under the above circumstances may be less favourable to the party than if it had cooperated. In its decision to initiate the investigation the Institution shall make the interested parties aware by a written notice of the consequences of non-cooperation. Where the information submitted by the interested party is not ideal in all respects it should nevertheless not be disregarded, provided that any deficiencies are not such as to cause undue difficulty in arriving at a reasonably accurate finding and that the information is appropriately submitted in good time and is verifiable, and that the interested party has acted to the best of its ability.

8.Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost.

9.If evidence or information is not accepted, the supplying party shall be informed forthwith of the reasons therefor and shall be granted an opportunity to provide further explanations within the time-limit specified in the notification.. If the explanations are considered unsatisfactory, the reasons for rejection of such evidence or information shall be given in the decisions of the Institution specified in paragraph 2 of Article 39 of this Law and in the proposals submitted to the Government.

10.In the cases specified in paragraph 7 of this Article the information used in making decisions and drafting proposals to the Government shall, where practicable, be checked by reference to information from other independent sources which may be available or other interested parties. Information shall only be taken into account in the decision making where it is supported by actual evidence.

11.All interested parties may, upon written request, obtain all information made available by any party to an investigation which is relevant to the presentation of their cases and a non-confidential summary of the application for the initiation of investigation. The information must be provided in compliance with the requirements of confidentiality of information established in Article 41 of this Law. The interested parties may respond to such information, however, their comments shall be taken into consideration, wherever they are sufficiently substantiated in the response.

12.If the interested party has notified in writing, within the period prescribed by the Institution in the decision to initiate the investigation, of its interest in the investigation in progress and filed a request for consultations, the Institution shall organise such consultations. The interested party should show in the application that it is an interested party likely to be affected by the result of the investigation and that there are particular reasons why they should be heard. During the consultations the interested party may present its views and explanations in respect of the information it presented to the Institution.

13.Opportunities shall, on request, be provided by the Institution for the interested parties which have notified the Institution of their interest in the investigation to meet the parties with adverse interests. During the meeting the parties may present opposing views and offer rebuttal arguments, however, there shall be no obligation on the interested parties to attend the meeting.

14.The Institution shall be entitled to obtain from the Lithuanian State and municipal institutions as well as natural and legal persons interested in the investigation information, documents relating to economic and financial activities, also written explanations by the heads and other employees of the above institutions, that are used in the investigation.

15.Where the Institution possesses information that the volume of dumped imports of the product in question is not negligible or that the accepted price undertaking has been violated or withdrawn, also in the case of the product in question being imported from a new exporter who has not been examined during the investigation, also when circumvention of anti-dumping duties is taking place, the Institution may appeal to the Customs Department under the Ministry of Finance with a request to collect the available detailed information about the imports of the product in question. Normally, such information about the imports of the product in question shall be collected for not longer than 9 months.

Article 16Limiting the Scope of Investigation

1.An individual margin of dumping shall be calculated during the investigation period for any known exporter or producer of the product in question, except where the Institution limits the investigation according to the provisions laid down in other paragraphs of this Article or where, according to the provisions of paragraph 7 of Article 7 of this Law, a single margin of dumping shall be determined in respect of all products in question originating from non-market economy countries, which are imported into the customs territory of the Republic of Lithuania.

2.In cases where the number of foreign producers, exporters, importers of the product in question or types of the product in question or transactions with the product is large to allow completion of the investigation within the fixed time period, the investigation may be limited upon the decision of the Institution.

3.The investigation may be limited in the following ways:

1)by limiting the examination to a reasonable selection of exporters, importers, types of products or contracts which can be examined within the investigation period;

2)by limiting the examination to the largest volume of exports from a certain country, which can reasonably be investigated.

4.The final selection of exporters, importers, products or transactions specified in subparagraph 1 of paragraph 3 of this Article must be made by using samples which are statistically valid on the basis of information available at the time of selection. Preference shall be given to choosing a sample in consultation with and with the consent of, the interested parties, provided that such parties make themselves known and make sufficient information available, within three weeks of the initiation of the investigation, to enable a representative sample to be chosen.

5.An individual margin of dumping shall be determined for any exporter or producer not initially selected who submits the necessary information in time for that information to be considered during the investigation period, unless other provisions of this Law conflict with the above, except where the number of exporters is so large that individual examination would be unduly burdensome and prevent timely completion of the investigation.

Article 17Completion of Investigation

The investigation shall be completed after:

1)an affirmative determination, which confirmed the findings of investigation, of the margin of dumping, injury and causal link between imports of the product in question and injury caused to the domestic industry and the adoption by the Government of the resolution imposing an anti-dumping duty (including imposition of the anti-dumping duty upon the products imported during the investigation period) and determination of the duty amount;

2)a negative determination of the margin of dumping and/or injury and of causal link between imports of the product in question and injury caused to the domestic industry or of de minimis margin of dumping or negligible imports of the product in question according to paragraph 5 of Article 12 of this Law and, and it is not in the State interest to impose an anti-dumping duty;

3)withdrawal by the applicant of the application for the initiation of investigation and a determination by the Institution that completion of the investigation and refusal to impose the anti-dumping duty is in the State interest.

CHAPTER FOUR PROVISIONAL ANTI-DUMPING DUTY AND ITS APPLICATION

Article 18Conditions of Application of Provisional Anti-dumping Duty

1.During the course of investigation a provisional anti-dumping duty may be applied provided that the following conditions are met:

1)investigation and initial investigation proceedings have been initiated in accordance with Articles 10-14 of this Law, a public notice has been given to that effect in accordance with the procedure laid down in Article 39 of this Law, interested parties have been given adequate opportunities to submit information and make comments and give explanations;

2)if a provisional affirmative determination has been made of dumping, injury and causal link between the imports of the product in question and injury to the domestic industry and dumping margin;

3)the application of provisional anti-dumping duty is in the interest of the Lithuanian State and is necessary to prevent injury being caused during the investigation 2. Where, in order to remove injury caused to the domestic industry, a countervailing duty (including provisional countervailing duty) has been imposed on or is already being applied with respect to the same product in question, a provisional anti-dumping duty may not be applied even though all the conditions specified in paragraph 1 of this Article are met.

Article 19Adoption of Decision to Impose a Provisional Duty

1.Where all conditions specified in paragraph 1 of Article 18 of this Article are met and a countervailing duty (including a provisional countervailing duty) has not been imposed on the product in question, the Government shall adopt a resolution o apply a provisional anti-dumping duty. The amount of the provisional anti-dumping duty, the date from which the application of the duty shall commence(normally the date is not earlier than 30 calendar days after the effective date of the resolution), and the period of application of the duty. As necessary, the resolution shall specify the producers or exporters with respect to whom, in accordance with the provisions of paragraph 3 of Article 20 of this Law, provisional anti-dumping duty is not applicable.

2.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.

3.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 20Application of Provisional Anti-dumping Duty

1.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.

2.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.

3.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 21Payment 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 22Accepting a Price Undertaking

1.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.

2.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.

3.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.

4.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.

5.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.

6.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 23Actions Following the Acceptance of a Price Undertaking

1.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.

2.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.

3.Upon the suspension of the investigation calculation of its duration shall also be suspended.

4.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 24Supervision 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 25Failure to Fulfil the Price Undertaking

1.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.

2.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.

3.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 26Maintaining a Price Undertaking

1.A price undertaking must be maintained for a reasonable time necessary to counteract the dumping which is causing injury to the domestic industry.

2.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 the provisions of paragraph 3 of Article 34 of this Law.

CHAPTER SIX ANTI-DUMPING DUTY AND ITS APPLICATION

Article 27Decision to Apply Anti-dumping Duty

1.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.

2.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.

3.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.

4.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.

5.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 28Application of Anti-dumping Duty

1.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.

2.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.

3.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.

4.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.

5.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 29Amount of the Anti-dumping Duty

1.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.

2.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.

3.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 30Application of Anti-dumping Duty to the Products in Question Imported in the Course of the Investigation

1.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.

2.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.

3.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.

4.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 31Duration of the Anti-dumping Duty

1.An anti-dumping duty shall remain in force only as long as it is necessary to counteract the dumping which is causing injury.

2.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 the provisions of paragraph 3 of Article 34 of this Law.

CHAPTER SEVEN REVIEWS

Article 32Initiation of Review of Anti-dumping Duty Application and Price Undertaking

1.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.

2.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.

3.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.

4.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 33Reviews for the Purpose of Determining Individual Margins of Dumping for Exporters and/or Producers which have not Exported during the Period of Investigation

1.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.

2.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.

3.Reviews specified in paragraph 1 of this Article shall be carried out expeditiously and shall be concluded within 12 months.

4.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.

5.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.

6.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.

7.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 34Anti-dumping Duty Application and Price Undertaking Review Procedures

1.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.

2.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.

3.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.

4.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.

5.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.

6.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 35Refunds of the Anti-dumping Duty

1.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.

2.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.

3.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.

4.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.

5.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.

6.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.

7.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.

8.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.

9.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 36Cases of Circumvention of the Imposed Anti-dumping Duty

1.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.

2.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.

3.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 37Actions in Cases where Circumvention of the Anti-dumping Duty is Established

1.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.

2.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.

3.The investigation shall be concluded within nine months.

4.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 38Appealing against the Decisions and Actions of the Institution Authorised by the Government

1.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.

2.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.

3.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 39Publication of Resolutions and Decisions

1.The resolutions adopted by the Government while implementing this Law shall be published in accordance with the procedure established by law.

2.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.

3.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.

4.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 the provisions of paragraph 3 of Article 20 of this Law.

5.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.

6.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.

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