7.In addition to other information the Institution's decision to terminate the investigation without proposing to the Government to impose the anti-dumping duty shall contain, without violating confidentiality requirements, all important information relating to the facts and reasons on the grounds whereof the decision has been adopted, the reasons for acceptance or rejection of the arguments submitted by the interested parties, and in the cases where an undertaking by the foreign producer or exporter has been offered - the reasons for the acceptance or rejection of the undertaking.
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8.All important information relating to facts and motives on the basis whereof the decisions of the Institution have been adopted shall be presented in the decisions specified in subparagraph 8 of paragraph 2 of this Article. The decisions of the Institution shall contain, without violating the information confidentiality requirements, the information specified in paragraph 4 of this Article, except for the information referred to in subparagraph 6, and justification of decisions adopted according to paragraph 5 of Article 16 of this Law.
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9.Copies of the proposals specified in subparagraphs 4, 5 and 7 of paragraph 2 of this Article, that have been submitted to the Government, shall be submitted to each known interested party within 10 calendar days from the effective date of the Government Resolution.
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Article 40Disclosure of the Basic Facts and Motives to the Interested Parties
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1.The interested parties may request provision of detailed information relating to the basic facts and the motives on the basis whereof the provisional anti-dumping duties have been imposed. The requests shall be responded to, if received in writing within 20 calendar days from the effective date of the resolution regarding the imposition of the provisional anti-dumping duty. The Institution must respond to the request in writing within 30 calendar days from the effective date of the resolution to impose the provisional anti-dumping duty.
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2.The interested parties may request provision of detailed information relating to the basic facts and motives based whereon it is intended to impose the anti-dumping duty or to terminate the investigation without the imposition of the anti-dumping duty.
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3.The request for the provision of the information specified in paragraph 2 of this Article must be submitted in writing. Where the provisional anti-dumping duty is applied, the request for the provision of this information must be received within one month from the effective date of the resolution to impose the duty. If the provisional duty is not applied, the interested parties must be provided an opportunity to receive the notice specified in paragraph 2 of this Article within the time period set by the Institution.
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4.The requested information must be presented in writing within one month before the submission of the draft resolution to impose the anti-dumping duty or adoption of the decision to terminate the investigation without proposing to the Government to impose the anti-dumping duty. While presenting the said information, due regard must be had to the protection of confidential information. Special attention must be given to presenting matters of fact and reasons which differ from those used in determining the provisional anti-dumping duties.
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5.If, during the provision of the requested information, the Institution is not in a position to publicly disclose certain facts or reasons, notice of the facts or reasons must be given promptly at the earliest opportunity. No subsequent decisions of the Institution shall be affected by provision of the said information, however, in the cases where the decisions are based on facts or reason other than those disclosed in the requested information, a notice of the facts and reasons must be given without delay.
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6.Having received the requested information, the interested parties may make their views and opinions known, these, however, shall be taken into account only if received within a time period of 10 calendar days set by the Institution.
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Article 41Confidentiality of Information
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1.Any information, disclosure of which would be of significant competitive advantage to a competitor or would have adverse effect on the interested party which supplied the information or upon the person whom the interested party has acquired the information or the information which is provided on a confidential basis by the interested party substantiating its request for confidentiality shall be treated as confidential by the Institution. Having received confidential information, the Institution may disclose it only with the consent of the interested party which supplied the information.
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2.The interested parties providing confidential information to the Institution shall also be required to furnish non-confidential summaries thereof. The summaries shall be in sufficient detail to permit a reasonable understanding of the substance of the submitted information. If representatives of the Institution or other interested parties taking part in the investigation indicate that the furnished summary does not reveal the substance of the confidential information, the entity providing the summary must provide a written statement of the reasons why summarisation is not possible.
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3.If the institution finds the request for confidentiality unwarranted and if the supplier of the information is unwilling to authorise the disclosure of the information either in generalised or summary form, the Institution may disregard such information, unless it can be satisfactorily demonstrated from other sources that the information is correct.
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4.The received information must be used only for the purpose for which it was requested.
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CHAPTER ELEVEN FINAL PROVISIONS
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Article 42International Agreements
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1.If the international agreement to which the Republic of Lithuania is a party establishes regulations other than those established by this Law, the provisions of the international agreement shall apply.
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2.Pursuant to the provisions of free trade agreements to which the Republic of Lithuania is a party, before initiating the investigation the Institution shall notify the Ministry of Foreign Affairs of the Republic of Lithuania of the received application with a request for the initiation of investigation.\"
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Article 2Entry into Force of the Law
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The Law shall enter into force as of 1 April 2002.
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Article 3Proposals to the Government
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1.To propose to the Government:
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1)to appoint an authorised institution for the implementation of this Law;
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2)to approve the list of non-market economy countries and countries with respect to which special regime is applied;
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3)to charge the Ministry of Foreign Affairs and the authorised institution to approve within one month the procedure of anti-dumping investigation in the foreign state territory;
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4)to charge the Ministry of Finance to reapportion the resources during State Budget revision and transfer to the Institution authorised by the Government the appropriations allotted to the Competition Council for the discharge of functions established by the Anti-dumping Law.
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2.To establish that after the issue of transfer of resources has been decided, the Institution authorised by the Government must be transferred (under the deed of transfer) all material relating to the investigation completed by the Competition Council as well as the applications received by the Competition Council in respect whereof the decision of the Competition Council to initiate the investigation has not been made (within the time limits specified by the Law on Anti-dumping). .
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I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS