WORLD TRADE
ORGANIZATIONG/ADP/N/1/EST/2
6 June 2003
(03-2926)
Committee on Anti-Dumping Practices Original:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 18.5 OF THE AGREEMENT
ESTONIA
The following communication, dated 2 June 2003, has been received from the Permanent
Mission of Estonia.
_______________
Pursuant to Art.18.5 of the Agreement on Impl ementation of Art. VI of the GATT 1994, the
Republic of Estonia has the honour to notify the Committee on Anti-Dumping Practices the full text
of Anti-Dumping Act as provided below.
ANTI-DUMPING ACT
Passed 12 June 2002
(RT1 I 2002, 57, 358),
entered into force 1 September 2002.
CHAPTER 1
General Provisions
§ 1. Scope of application of Act
This Act provides the bases and procedure for initiating and conducting anti-dumping
investigations and taking anti-dumping measures.  If a ratified international agreement prescribesrequirements different from the requirements of this Act, the international agreement applies.
§ 2. Dumping
“Dumping” means the exportation of goods, at less than the normal value of the goods, from a
foreign country into the customs territory of Estonia under the customs procedure of release for free
circulation as defined in the Customs Code (RT I 2001, 88, 531).
                                                     
1 RT = Riigi Teataja = State Gazette.G/ADP/N/1/EST/2
Page 2
§ 3. Investigation procedure
In order to determine dumping and whether dumped imports have caused injury, an
investigation shall be conducted on the initiative of Estonian producers.  Investigations shall be
carried out by the Ministry of Economic Affairs.
§ 4. Anti-dumping measures
Anti-dumping measures are import duties imposed at a rate established on the basis of
investigation results in order to eliminate the in jury caused to Estonian producers by dumped imports
(hereinafter anti-dumping duties).
§ 5. Payer of duty
Anti-dumping duties shall be paid by the declarant.
§ 6. Definitions
For the purposes of this Act:1) “like product” means a product which is alike in all respects to the product under
consideration or, in the absence of such a product, another product which hascharacteristics closely resembling those of the product under consideration;
2) "import" means application of the customs procedure “release of goods for free
circulation” as defined in the Customs Code to goods entering the customs territory;
3) “dumping price” means the prices of dumped imports;
4) “Estonian producers” means Estonian producers of the like products, except
producers of the like products who are related within the meaning of the Customs
Code to the foreign exporters or Estonian importers or are themselves importers of
the like product allegedly at dumping prices;
5) “country” means a state or customs territory which has autonomy in the conduct of its
external commercial relations;
6) “foreign exporter” means a natural or legal person of a foreign country engaged in the
exportation of goods;
7) “independent buyer” means a buyer who is  not related within the meaning of the
Customs Code to the producer of the product, a foreign exporter or an Estonian
importer and who buys the like product at dumping price from the producer of the
product or a related foreign exporter or Estonian importer;
8) “injury” means material injury to Estonian producers, threat of material injury to
Estonian producers or material retardation of the establishment of such an industry in
Estonia caused as a result of the dumped imports;
9) “customs value” means the customs value of imported products as defined in the
Customs Code;G/ADP/N/1/EST/2
Page 3
10) “normal value” means the market price of the like product in the ordinary course of
trade in the exporting country if the sales volume of such product on the market of the
exporting country constitutes 5 per cent or more of the volume of the products
imported to Estonia.  Where it is impossible to determine the price of the like product
on the market of the exporting country, normal value of the product shall mean theprice of the like product when exported in the ordinary course of trade to a country
where market conditions are similar to those in the exporting country, except Estonia;
11) “export price” means the actual price of imported products as defined in the Customs
Code;
12) “non-injurious price” means the level of prices which is neither injurious to Estonian
producers nor poses a threat of injury;
13) “dumping margin” means the significance of the amount by which the normal value
exceeds the export price in customs value;
14) “rate of duty adequate to remove injury” means the significance of the amount by
which the customs value of the product exceeds the non-injurious price in customs
value;
15) “rate of anti-dumping duty” means that the lower limit of anti-dumping duty is the
rate of duty adequate to remove the injury and the upper limit of anti-dumping duty is
the dumping margin;
16) “interested party” means the Estonian producers who filed a complaint, the foreign
exporters specified in the complaint, and those foreign exporters, Estonian importers,representatives of the country under investigation and Estonian undertakings or
associations representing Estonian users of the like product or other Estonian
consumers who may be affected by the results of the investigation which have made
themselves known within the term prescribed in the notice of initiation of the
investigation published in the official publication Ametlikud Teadaanded .
2
§ 7. Independence of procedures of customs clearance
An anti-dumping investigation shall not hinder the importation of goods or the procedures of
customs clearance.
§ 8. Dumping council(1) The Government of the Republic shall form a dumping council at the Ministry of Economic
Affairs (hereinafter council) consisting of representatives of the Ministry of Economic Affairs, the
Ministry of Finance, the Ministry of Agricult ure and the Ministry of Foreign Affairs to make
decisions in investigations provided for in this Act.  The Minister of Economic Affairs shall direct thework of the council.
(2) The Government of the Republic shall determine the functions and rules of procedure of the
council and the procedure for the financing of the council and for the submission of decisions, reports
and proposals by the council upon the formation of the council.
                                                     
2 Ametlikud Teadaanded = Official Notices.G/ADP/N/1/EST/2
Page 4
§ 9. Estonia’s interests
Anti-dumping duties shall not be imposed if the council decides, on the basis of all the
information submitted, that it is not in the interests of Estonia to impose anti-dumping duties.  A
determination of Estonia’s interests shall be based on an appreciation of all the various interests of theinterested parties taken as a whole, including the interests of Estonian undertakings and consumers.
CHAPTER 2
Bases for Determination of Dumping, Injury and Causal Link between Dumped Imports and
Injury
§ 10. Determination of dumping
(1) In order to determine dumping, the dumping margin shall be established by a comparison of
the export price and normal value.
(2) In the cases specified in §§ 13 and 14 of this Act, dumping is determined by a comparison of
a constructed export price and constructed normal value.
§ 11. Calculation of dumping margin
(1) The existence of a dumping margin during the investigation period shall be established on the
basis of a comparison of a weighted average normal value with the weighted average export prices of
all like products imported to Estonia from the country or countries under investigation, or by a
comparison of individual normal values and individua l export prices to Estonia on a transaction-to-
transaction basis.  Dumping margin is expressed as a percentage.
(2) A normal value established on a weighted average basis may be compared to prices of all
individual export transactions to Estonia, if there is a pattern of export prices which differs
significantly among different purchasers, regions or time periods, and if the comparison of a
constructed export price with a constructed normal value would not reflect the dumping margin.  This
subsection shall not preclude sampling in accordance with § 33 of this Act.
§ 12. Comparison
(1) A comparison between the export price and normal value shall be made in respect of sales
made at as nearly as possible the same time and at the same commercial level within the meaning of
the Customs Code.
(2) Where the export price and normal value are not on a comparable basis, the following factors
shall be taken into consideration upon the adjustment of prices:
1) physical characteristics of the product concerned;
2) import charges and indirect taxes not collected or refunded to the foreign exporter;
3) discounts, rebates and allowances;
4) differences in the commercial levels in the exporting country and Estonia;
5) directly related costs incurred for conveying the product concerned from the premises
of the foreign exporter to the first independent buyer, where such costs are includedin the prices charged;
6) packing;
7) the cost of any credit granted for the transaction;G/ADP/N/1/EST/2
Page 5
8) the costs of providing warranties, guarantees, technical assistance and services, as
provided for by law or in the sales contract;
9) differences in commissions;
10) currency conversions;
11) other factors affecting the comparability of prices.
(3) Currency conversions shall be made using the rate of exchange of the Bank of Estonia on the
date of signing the document reflecting the material  terms of sale.  When the export sale involved is
directly linked to transactions parties to which have an obligation to buy or sell foreign currency on
specified dates in the future at agreed price and in agreed quantities (forward transactions), the rate of
exchange agreed on in the transaction shall be used for comparison.
(4) Fluctuations in exchange rates shall be ignored  and foreign exporters shall be granted at least
sixty days to adjust their export prices to reflec t the revaluation or devaluation of exchange rates
during the investigation period.
(5) Where the product is not exported from its country of origin but via a third country, the export
price shall be compared to the normal value of the product in the third country, unless the product is
only transported via the third country or the like product is not produced in the third country.
§ 13. Construction of export price
(1) Where the Ministry of Economic Affairs has reason to believe that the export price does not
reflect the actual costs, the export price may be constructed on the basis of the price at which the
imported products are first resold to an independent buyer.
(2) If the products are not resold to an independent buyer, or are not resold in the condition in
which they were imported, the price shall be constructed based on the price used in the third country
or on any reasonable basis decided by the Mini ster of Economic Affairs in every single case
separately.
(3) All costs incurred between importation and resa le shall be deducted from the resale price of
the imported goods in order to establish the constructed export price.  The items for which adjustment
shall be made shall include those normally borne by an importer but, in the case concerned, paid byanother party which appears to have a compensatory arrangement with the Estonian importer or
foreign exporter.  The items include usual transport, insurance, processing, loading and ancillary
costs; customs duties, any anti-dumping duties, and other taxes payable in the importing country by
reason of the importation or sale of the goods.  The usual amounts for selling, general and
administrative costs in the corresponding area of activity and the usual profits in the correspondingarea of activity in Estonia shall also be taken into consideration.
§ 14. Construction of normal value(1) Where the sales volume of like product on the market of the exporting country constitutes less
than 5 per cent, unless prices charged at a lower volume of sales are considered representative for the
market concerned, or because of the particular market situation the sales conditions do not permit a
proper comparison, the normal value shall constructed on the basis of:
1) the cost of production in the exporting country plus a reasonable amount for selling,
general and administrative costs and for usual profits in the corresponding area of
activity, taking into consideration production and sales costs, including depreciation
and maintenance costs, orG/ADP/N/1/EST/2
Page 6
2) the weighted average of the actual amounts determined for other exporters or
producers of the exporting country in respect of production and sales.
(2) Prices between a foreign exporter and an Estonian importer which appear to be related or to
have a compensatory arrangement with each other may not be used to establish normal value unless itis determined that they are unaffected by the relationship.
(3) Sales of the product concerned at prices be low the average weighted price of the period under
investigation may be treated as not being in the ordinary course of trade, and may be disregarded in
constructing normal value, only if it is determined that such sales are made within a period of at least
six months in substantial quantities.
§ 15. Producers operating in non-market economy conditions
(1) Where the producer of the like product concerned operates in non-market economy
conditions, normal value shall be constructed on the basis of the price or constructed normal value in
a market economy third country, or the export price from such a third country to other countries.  Anappropriate third country shall be selected on the basis of similarity of factors affecting production of
the product under investigation.
(2) Where it is not possible to construct the normal value pursuant to subsection (1) of this
section, normal value shall be constructed based on the price paid for the like product of Estonianproducers in Estonia, duly adjusted if necessary to include a reasonable profit margin.
§ 16. Operation under market economy conditions
Producers are considered to operate under market economy conditions if:1) decisions regarding prices, costs, production, profits, sales and investment, are made
in response to market signals reflecting supply and demand, and without significant
state interference in this regard, and costs of major inputs substantially reflect market
values;
2) they have one clear set of basic accounting records which are independently audited
in line with international accounting standards;
3) the production costs and financial situation of firms 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 viacompensation of debts;
4) the firms concerned are subject to bankruptcy and property laws which guarantee
legal certainty and stability for the operation of firms;
5) exchange rate conversions are carried out at the market rate.
§ 17. Determination of injury(1) Upon the determination of injury, consideration shall be given, in particular, to the following
factors:
1) whether there has been an increase of the volume of dumped imports, either in
absolute terms or relative to production and consumption in Estonia;G/ADP/N/1/EST/2
Page 7
2) whether the dumped imports significantly affect the market prices of the like product
in Estonia or whether the effect of such imports is to prevent price increases, which
would otherwise have occurred, to a significant degree and the effect of the dumped
imports on other factors affecting prices, such as the actual or potential cash flow ofundertakings, inventories, employment, wages, or ability to raise capital or
investments;
3) whether the dumped imports have an impact on Estonian producers; the evaluation
shall be based on economic indicators.  Where producers are still in the process of
recovering from the effects of past dumping or subsidization, special circumstances
of the producers shall be taken into consideration.  The actual and potential volume ofsales and decline in profits, output, market share, return on investments and
productivity shall also be evaluated.
(2) The effect of the dumped imports shall be assessed in relation to the production of the like
product by Estonian producers when available data permit the separate identification of thatproduction 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 or range of products, which
includes the like product, for which the necessary information can be provided.
§ 18. Determination of causal link between dumped imports and injury
When determining the causal link between dum ped imports and injury, known factors other
than the dumped imports which at the same time are injuring Estonian producers shall also be
examined to ensure that injury caused by these other factors is not attributed to the dumped imports.Factors which may be considered in this respect include:
1) the volume and prices of imports of the like product not sold at dumping prices;
2) contraction in demand;
3) restrictive trade practices of, and competition between, third country and Estonian
producers;
4) developments in technology;5) the export performance of Estonian producers;
6) the productivity of Estonian producers.
§ 19. Cumulative assessment of imports
(1) Where the like product is simultaneously im ported from more than one country with injurious
results, the effects of such imports shall be cu mulatively assessed if it is determined that:
1) the margin of dumping established in relation to the imports from each country is
more than de minimis  and that the volume of imports from each country is not
negligible;
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 the imported product and the like Estonian product.
(2) Dumping margin shall be considered to be de minimis  if this margin is less than 2 per cent of
the export price.G/ADP/N/1/EST/2
Page 8
(3) The volume of imports shall normally be rega rded as negligible if the volume of imports of
the like product from the country under investigation is found to account for less than 3 per cent of
imports of the like product in Estonia or the cumulative imports from countries subject to the same
investigation account for less than 7 per cent of the total imports of the like product in Estonia.
§ 20. Threat of injury
The threat of injury caused by dumping must be clearly foreseen and imminent.  In making a
determination regarding the existence of a threat of injury, consideration should be given to such
factors as:
1) a significant rate of increase of dumped imports;2) sufficient freely disposable production capacity of the exporter or an imminent and
substantial increase in such capacity indicating the likelihood of substantially
increased dumped imports to the Estonian market, account being taken of the
availability of other export markets to absorb any additional imports;
3) whether the export prices would, to a significant degree, depress prices or prevent
price increases, and would probably increase demand for further imports;
4) inventories of the product being investigated;5) other factors.
§ 21. Imports from developing countries
Where the country under investigation is, based on its membership in the World Trade
Organisation, a developing country, special regard must be given to the special situation of the
developing country upon the imposition of anti-dumping duties.
CHAPTER 3
Investigation Procedures
Division 1
Types of Investigation Procedures and Initiation of Proceedings
§ 22. Types of anti-dumping investigation procedures
Anti-dumping investigation procedures are:1) investigation proceedings to determine dumping and injury caused thereby;
2) review proceedings;
3) investigation proceedings to determine circumvention of anti-dumping duties.
§ 23. Submission of complaints
(1) In order to initiate investigation proceedings, the persons representing Estonian producers
shall submit a complaint to the Ministry of Economic Affairs.G/ADP/N/1/EST/2
Page 9
(2) Estonian producers may submit a complaint, if it is supported by those Estonian producers
whose collective output constitutes more than 50 per cent of the total production of the like product in
Estonia.
(3) A complaint shall be submitted to the Ministry of Economic Affairs in writing and the
complaint shall include evidence of dumping, injury and a causal link between the dumped imports
and the alleged injury.  The list of information to be submitted in the complaint shall be established by
a regulation of the Government of the Republic.
(4) A complaint shall be deemed to have been lo dged when it is delivered to the Ministry of
Economic Affairs.  Where a complaint is sent by post,  it shall be deemed to have been lodged on the
first working day following its delivery to the Minist ry of Economic Affairs.  The complainant has the
right to request the issue of a written acknowledgement of receipt of the complaint by the Ministry of
Economic Affairs.
(5) In special circumstances, the Ministry of Economic Affairs may request that the council
initiate an investigation proceeding, without ha ving received a written complaint by Estonian
producers for the initiation of such proceeding, on the basis of sufficient evidence of dumping, injury
and a causal link between the dumped imports and the alleged injury.
§ 24. Initiation of proceedings
(1) The Ministry of Economic Affairs, having received a complaint, shall, as far as possible,
verify the accuracy of the evidence provided in the complaint and examine the information
concerning dumping and injury.  The Ministry of Economic Affairs shall submit a report on the
initiation of an investigation proceeding to the coun cil within thirty days as of the receipt of the
complaint.  The council shall decide whether the in formation contained in the complaint is sufficient
to justify initiating a proceeding.
(2) Where a complaint does not contain relevant information or relevant documents have not
been attached to the complaint, the Ministry of Economic Affairs shall notify the complainant thereof
in writing and set a term for supplementing the complaint.
(3) The council shall decide to accept a complain t and initiate an investigation proceeding or to
reject the complaint within ten days as of the receipt of the report from the Ministry of Economic
Affairs.
(4) Proceedings shall not be initiated against countries the volume of whose imports are regarded
as negligible as defined in subsection 19 (3) of this Act.
(5) A complainant shall be informed of the initia tion of an investigation proceeding or rejection
of the complaint in writing within forty-five da ys as of the submission of the complaint to the
Ministry of Economic Affairs.
(6) The authorities shall avoid, unless a decision has been made to initiate an investigation, any
publicising of the complaint seeking the initiation of an investigation, except to the extent prescribed
by an international agreement.
§ 25. Notice of initiation of investigation proceedings(1) The Ministry of Economic Affairs shall publish a notice concerning the initiation of an
investigation proceeding in the official publication Ametlikud Teadaanded  within ten days after the
council makes the corresponding decision.G/ADP/N/1/EST/2
Page 10
(2) The list of information to be included in the notice of initiation of an investigation proceeding
shall be established by a regulation of the Minister of Economic Affairs.
(3) The Ministry of Economic Affairs shall advise the foreign exporters and Estonian importers
known to be concerned and the complainant, of the initiation of the proceeding and provide the full
text of the written complaint to the known foreign exporters and to the authorities of the exporting
country.  Information containing business secrets shall be excluded from the text of the complaint.
The Ministry of Economic Affairs shall make information concerning the initiation of the
investigation proceeding available upon request to other interested parties involved.  Where the
number of foreign exporters involved is particularly high, the full text of the written complaint may
instead be provided only to the authorities of the exporting country.
Division 2
Investigation Procedure to Determine Dumping and Injury Caused Thereby
§ 26. Purpose and organisation of investigation proceedings
(1) The purpose of investigation proceedings is to determine dumping and injury and the causal
link between the dumped imports and the alleged injury.
(2) An investigation shall cover a period of not less than one year immediately prior to the
initiation of the proceeding.  Determination of injury shall cover a period of not less than three years
immediately prior to the initiation of the proceeding.  The length of investigation periods shall be
decided by the Minister of Economic Affairs.
(3) Information relating to a period subsequent to the initiation of an investigation proceeding
shall only be taken into account in exceptional cases and the Minister of Economic Affairs shall
decide whether the consideration of such information is justified.
(4) The Ministry of Economic Affairs may request interested parties to provide information based
on which the Ministry shall prepare a final report of the investigation proceeding and a draft decision
confirming injury and submit the report and draft decision to the council.
§ 27. Questionnaires(1) In order to obtain information necessary for investigation proceedings, the Ministry of
Economic Affairs shall prepare questionnaires for foreign exporters, Estonian importers and Estonianproducers for each investigation proceeding and send such questionnaires to the interested parties.
(2) Parties receiving questionnaires used in an anti-dumping investigation shall be given thirty
days to reply.
(3) A foreign exporter shall be deemed to have received the questionnaire one week from the day
on which it was sent to the exporter or transmitted to the appropriate diplomatic representative of the
exporting country.
(4) The Minister of Economic Affairs may grant a thirty day extension to the term prescribed in
subsection (2) of this section at the written request of the recipient of the questionnaire.  A request
shall be reasoned.G/ADP/N/1/EST/2
Page 11
(5) The Ministry of Economic Affairs may, if necessary, send out additional questionnaires and
set a term for reply thereto.
(6) Requirements for significant information contained in questionnaires shall be established by a
regulation of the Government of the Republic.
§ 28. Meeting of interested parties(1) The Ministry of Economic Affairs shall organise meetings of interested parties at the request
of such parties.
(2) There shall be no obligation on any interested party to attend a meeting.(3) Oral information provided at a meeting shall be taken into account in so far as it is
subsequently submitted to the Ministry of Economic Affairs in writing by the interested party within
ten days after the meeting.
(4) Oral information provided at a meeting of interested parties shall not be published.
§ 29. Confidential information(1) Any confidential information which is submitted to the Ministry of Economic Affairs by an
interested party and marked “Confidential” may only be used for purposes of investigation and such
information may be made public or disclosed to ot her interested parties only with the permission of
the party that furnished such information.  An  interested party shall not declare information
confidential if such information must be public pursuant to other legislation.
(2) Interested parties providing information spec ified in subsection (1) of this section shall be
required to furnish non-confidential summaries thereof.  If parties indicate that such information is not
susceptible of summary, a statement of the re asons why summarization is not possible must be
provided.
(3) If the Minister of Economic Affairs decides that a request for confidentiality is not warranted
and if the supplier of the information is either unwilling to make the information available or toauthorise its disclosure in summary form, such information may be disregarded unless it can be
satisfactorily demonstrated from appropriate sources that the information is correct.
(4) The reasons on which decisions taken pursuant to this Act are based shall be subject to
disclosure.  Such disclosure must take into account the legitimate interests of the parties concernedthat their business secrets should not be divulged.
(5) If the decision made in an anti-dumping investigation is contested, the Ministry of Economic
Affairs has the right to submit all the informa tion to the court, if the court so requests.
§ 30. Examination of information which is not confidential
(1) Interested parties may inspect all information which is not confidential, which is used in the
investigation and upon which findings will be based.  Written requests for examining all information
which is not confidential shall be submitted during the term set by the Ministry of Economic Affairsin the notice of initiation of the investigation.  Internal documents of the Ministry of Economic Affairs
shall not be disclosed.G/ADP/N/1/EST/2
Page 12
(2) The Ministry of Economic Affairs shall respond to an interested party who submitted a
request for examining information which is not confidential not later than one month prior to
submitting the report on the imposition of anti-dumping duties to the council.
(3) Interested parties may respond, in writing, to information which is not confidential during the
term set by the Ministry of Economic Affairs in the response referred to in subsection (2) of this
section.
§ 31. Proceedings in respect of imports by producers operating in non-market economy conditions(1) Where a foreign exporter operates in non-market economy conditions, the Ministry of
Economic Affairs shall calculate the normal value pursuant to § 15 of this Act and inform interestedparties immediately of the market economy third country selected.
(2) Interested parties may provide their written opinion concerning the third country within ten
days after being informed of the selection of the third country.
(3) The Minister of Economic Affairs shall decide, within three months as of the initiation of the
investigation and having received the written opinions submitted pursuant to subsection (2) of this
section, whether the producer meets the requirements specified in § 16 of this Act.  The decision shall
be valid until the end of the investigation.
§ 32. Inspection of seat or place of business of undertaking
(1) If necessary, the Ministry of Economic Affairs may inspect, at the seat or place of business of
an undertaking, the documents of a foreign exporter or producer, Estonian importer or producer or
another interested party which may contain information concerning dumping and injury.
(2) An inspection provided for in subsection (1) of this section shall be conducted with the
knowledge of the undertaking, or a representative or employee thereof, and they have the right to be
present during the inspection.
(3) At the seat or place of business of an undertaking under inspection, a representative of the
Ministry of Economic Affairs shall present to the undertaking, its representative or employee adirective of the Minister of Economic Affairs concerning the authorisation of the representative of the
Ministry.
(4) When conducting an inspection referred to in subsection (1) of this section, the representative
of the Ministry of Economic Affairs shall have the rights and obligations of a person conducting aninspection as provided for in the Competition Act (RT I 2001, 56, 332; 93, 565).
(5) The Ministry of Economic Affairs shall inspect the documents of an interested party outside
Estonia if:
1) the inspected party agrees to the inspection;
2) the Ministry of Economic Affairs has notified the authorities of the country of the
seat or place of business of the interested party and obtained permission for the
inspection.G/ADP/N/1/EST/2
Page 13
§ 33. Sampling
(1) In cases where the number of foreign exporters or Estonian importers, persons representing
Estonian producers, types of product or transactions is large, sampling may be used.
(2) “Sampling” means the determination of dumping  margin and the extent of injury on the basis
of statistically valid samples.
(3) “Sample” means the number of interested parties or the amount of products or transactions
which can reasonably be investigated within the terms prescribed by this Act.
(4) The final selection of interested parties, types of products or transactions made under these
sampling provisions shall be decided by the Minister of Economic Affairs within thirty days as of the
initiation of the investigation.  Where possible, samples shall be chosen in consultation with interested
parties.
(5) An individual dumping margin shall be calculated for any foreign exporter not initially
selected for the sample who submits the necessary information within the prescribed term if the
foreign exporter is willing to co-operate, except where the number of such exporters is so large that
individual examinations would prevent completion of the investigation by the due date prescribed by
this Act.
(6) Where lack of co-operation is likely to materially affect the outcome of the investigation, the
Ministry of Economic Affairs may select a new sample or act pursuant to § 34 of this Act.
§ 34. Non-cooperation
(1) In cases in which any interested party refuses to provide information, submits false
information, or otherwise does not provide necessary information within the time limits provided in
this Act, or significantly impedes the investigation, the Ministry of Economic Affairs may use the
facts available for purposes of the investigation.
(2) Where it is found that any interested party ha s supplied false information or fails to provide
information within the time limits provided in this Act, the Ministry of Economic Affairs shalldisregard such information for purposes of the investigation.
(3) If information is disregarded, the Ministry of Economic Affairs shall inform the supplying
party thereof immediately and provide the reasons therefor and grant the supplying party an
opportunity to submit objections in writing within fourteen days as of notification.  The Minister ofEconomic Affairs shall decide whether the objections are justified or not within ten days as of the
receipt thereof.  Where the objections are not justified, the submitted evidence and information shall
be disregarded.  Reasons for disregarding information shall be attached to the final report of the
investigation.
Division 3
Provisional Anti-dumping Duties
§ 35. Provisional anti-dumping duties(1) Provisional anti-dumping duties shall be imposed by a provisional decision of the council and
the purpose of imposition of such duties is to prevent further injury to Estonian producers.G/ADP/N/1/EST/2
Page 14
(2) The Ministry of Economic Affairs shall submit an interim report to the council no earlier than
sixty days from the initiation of the proceedings but not later than nine months from the initiation of
the proceedings and, on the basis of the report, the council shall make a provisional decision
concerning dumping, injury and the causal link between the dumped imports and injury and the
imposition of provisional anti-dumping duties.
(3) Provisional anti-dumping duties may be imposed if:
1) interested parties have been given adequate opportunities to submit information and
make comments;
2) a provisional affirmative determination has been made of dumping and consequent
injury to Estonian producers;
3) Estonia’s interests call for intervention to prevent injury arising from dumping.
(4) The rates of provisional anti-dumping duties shall be between the lower limit and upper limit
determined pursuant to the provisions of this Act and shall be established by a regulation of the
Government of the Republic on the proposal of the council.
(5) Provisional anti-dumping duties shall be imposed on dumped products.  Provisional anti-
dumping duties shall be imposed in respect of a specific foreign exporter or, if this is not possible, inrespect of a specific exporting country.  Provisional anti-dumping duties shall be collected after the
imposition of definitive anti-dumping duties.
§ 36. Guarantee for provisional anti-dumping duty
A declarant shall provide a guarantee that the declarant shall pay provisional anti-dumping
duties after the imposition of definitive anti-dumping duties.  The provisions of the Customs Code
apply to the release of goods for free circulation and the guarantee for anti-dumping duties.
§ 37. Duration of provisional anti-dumping duties(1) The Government of the Republic has the right to impose provisional anti-dumping duties for
up to six months.  The Government of the Republic may extend provisional anti-dumping duties for a
further three months or impose the duties for nine months.  Provisional anti-dumping duties may only
be extended, or imposed for a nine-month period, where foreign exporters representing a significant
percentage of the trade involved so request or do not object upon notification by the Ministry of
Economic Affairs.
(2) Provisional anti-dumping duties terminate upon the imposition of definitive anti-dumping
duties.
§ 38. Commenting on imposition of provisional anti-dumping duties(1) Any interested party may, at a written request, examine any information which is not
confidential and on the basis of which provisional anti-dumping duties have been imposed.  Such
information shall be provided to the interested party in writing.
(2) Any interested party may provide, in writin g, comments on provisional anti-dumping duties
to the Ministry of Economic Affairs within one month as of the imposition of such duties.G/ADP/N/1/EST/2
Page 15
(3) The Ministry of Economic Affairs shall make the comments or summaries thereof which are
not confidential available to other interested parties who shall have the right to respond to such
comments.
(4) Objections submitted pursuant to this section shall be taken into consideration upon the
imposition of anti-dumping duties.
Division 4
Price Undertaking§ 39. Price undertaking(1) “Price undertaking” means voluntary undertaking by a foreign exporter to export products to
Estonia at prices which eliminate injury to Estonian producers arising from dumped imports.
(2) Any foreign exporter has the right to offer the Government of the Republic via the Ministry of
Economic Affairs a price undertaking wherein the export price is determined or whereby the dumping
of products under investigation is ceased.  Price increases under such undertakings shall not be higher
than necessary to eliminate the margin of dumping and they may be less than the margin of dumping
if such increases would be adequate to remove the injury to Estonian producers.
§ 40. Offer of price undertaking
(1) Price undertakings are offered voluntarily.  Price undertakings shall not be accepted until the
provisional decision referred to in § 35 of this Act has been made.
(2) The Ministry of Economic Affairs may invite foreign exporters to offer price undertakings.
Foreign exporters are not obliged to offer price undertakings on the basis of such invitation.
(3) Foreign exporters which offer an undertaking shall be required to provide a non-confidential
written version of such undertaking, so that it may be made available to other interested parties.
(4) The Ministry of Economic Affairs shall submit price undertakings offered by foreign
exporters to the council for decision.
§ 41. Acceptance and rejection of price undertakings(1) Acceptance or rejection of any price undertakings offered shall be decided by an order of the
Government of the Republic on the proposal of the council.
(2) The Ministry of Economic Affairs shall inform the foreign exporter of the acceptance or
rejection of a price undertaking and reasons therefor within thirty days as of the offer of the price
undertaking.  The reasons for the rejection of a price undertaking shall be set out in the final report.
§ 42. Continuation of investigation of dumping and injury caused thereby after acceptance of price
undertaking
(1) If a price undertaking is accepted, the investigation of dumping and injury shall normally be
completed.
(2) If a negative determination of dumping or inju ry is made in the course of the investigation,
the price undertaking shall automatically lapse.  In such cases, the Government of the Republic mayG/ADP/N/1/EST/2
Page 16
require that the price undertaking be maintained for a reasonable period which is determined upon
acceptance of the undertaking.
(3) In the event that an affirmative determination of dumping and injury is made as a result of the
investigation, the price undertaking shall continue consistent with its terms and the provisions of thisAct.
§ 43. Monitoring of fulfilment of price undertaking(1) The Ministry of Economic Affairs shall require any foreign exporter from which a price
undertaking has been accepted to provide, periodically, information relevant to the fulfilment of such
undertaking, and to permit verification of pertinent data according to the order of the Government ofthe Republic concerning acceptance of the undertaking.
(2) Non-compliance with such requirements shall be construed as a breach of the undertaking on
the part of the foreign exporter.
§ 44. Withdrawal of price undertaking  and breach of price undertaking
(1) Foreign exporters have the right to withdraw any price undertakings.(2) The Government of the Republic may, on the proposal of the council, impose provisional
anti-dumping duties in respect of foreign exporters in accordance with § 35 of this Act on the basis of
the best information available, where the Ministry of Economic Affairs has reason to believe that an
undertaking is being breached, or in case of withdrawal of an undertaking where the investigation of
dumping and injury has not been concluded.
(3) In case of breach or withdrawal of a price undertaking by any foreign exporter, definitive
anti-dumping duties shall be imposed in respect of such foreign exporter pursuant to § 48 of this Act.
(4) Prior to the imposition of anti-dumping duties, the Ministry of Economic Affairs shall grant
the foreign exporter who breached a price undertaking an opportunity to submit objections in writing
within fourteen days as of the receipt of corresponding notice.  The Minister of Economic Affairs
shall decide whether the objections are justified or not within ten days as of the receipt thereof.Where objections are justified, no anti-dumping duties shall be imposed.
§ 45. Termination of price undertaking
A price undertaking terminates upon expiry of the anti-dumping duty.
Division 5
Conclusion of Investigation of Dumping and Injury Caused Thereby and Anti-dumping Duties
§ 46. Duration of investigation proceedings to determine dumping and injury caused thereby
(1) An investigation of dumping and injury caused thereby shall be concluded within one year as
of the making of a decision to initiate the investigation proceeding by the council.
(2) In exceptional cases, an investigation of dumping and injury caused thereby may be extended
by further three months by a reasoned decision of the Minister of Economic Affairs.G/ADP/N/1/EST/2
Page 17
(3) The Ministry of Economic Affairs shall publish a notice concerning the extension of an
investigation of dumping and injury in the official publication Ametlikud Teadaanded  at least fourteen
days before the end of the term specified in subsection (1) of this section.
(4) If an investigation of dumping and injury is not completed during the term specified in
subsection (1) of this section or, in case the investigation is extended, during the combined term set
pursuant to subsections (1) and (2) of this section, the investigation shall be deemed to be terminated
upon expiry of such term and no anti-dumping duties shall be imposed.
§ 47. Termination of investigation without imposition of anti-dumping duties(1) An investigation of dumping and injury cau sed thereby shall be terminated without the
imposition of anti-dumping duties where:
1) the complaint is withdrawn by Estonian producers;
2) the imposition of anti-dumping duties is contrary to Estonia’s interests pursuant to § 9
of this Act;
3) the imposition of anti-dumping measures is not justified.
(2) In the case specified in clause (1) 1) of this section, the investigation shall not be terminated
unless such termination would not be in Estonia’s interests.
(3) An investigation of dumping and injury caused thereby shall be immediately terminated
where it is determined that:
1) the volume of imports of the like product from the exporting country is negligible
within the meaning of subsection 19 (3) of this Act;
2) the dumping margin of the foreign exporter is less than de minimis  within the
meaning of subsection 19 (2) of this Act.
(4) In the cases specified in subsections (1) and (3) of this section, the Ministry of the Economic
Affairs shall submit a final report of the investigation to the council and the council shall decide on
termination of the investigation proceeding and submit the investigation results to the Government ofthe Republic.  The Government of the Republic shall adopt a resolution within one month as of the
submission of the results.  If the Government of the Republic has not issued an order within the
specified term, the investigation shall be deemed terminated.
(5) Where the investigation is terminated in the case specified in clause (3) 2), the foreign
exporter may still be subject to other investigations conducted in respect of the specified country.
§ 48. Imposition of anti-dumping duties(1) Where the facts as finally established by an investigation of dumping and injury show that
there is dumping and injury caused thereby, the Ministry of Economic Affairs shall submit a final
report of the investigation together with proposals to the council and the council shall decide on
termination of the investigation proceeding and the imposition of anti-dumping duties in Estonia’s
interests pursuant to § 9 of this Act.  The Ministry of Economic Affairs shall prepare, based on the
council’s decision, a draft regulation imposing the anti-dumping duties and submit the draft to theGovernment of the Republic.
(2) Anti-dumping duties between the lower lim it and upper limit determined pursuant to the
provisions of this Act shall be established by a regulation of the Government of the Republic.  TheG/ADP/N/1/EST/2
Page 18
amount of anti-dumping duty shall not exceed the margin of dumping established but it should be less
than the margin if such lesser duty would be ade quate to remove the injury to Estonian producers.
(3) Anti-dumping duties shall be imposed on dumped products.  Anti-dumping duties shall be
imposed in respect of a specific foreign exporter or, if this is not possible, in respect of a specificexporting country.
(4) Where a price undertaking by a foreign exporter has been accepted and has entered into force,
the payment of anti-dumping duties shall, by a resolution of the Government of the Republic, not be
required or shall be required in part, taking account of the price undertaking.
(5) When sampling has been conducted in accordance with § 33 of this Act, any anti-dumping
duty applied to imports from foreign exporters which have made themselves known but were not
included in the examination shall not exceed the weighted average margin of dumping established for
the parties in the sample.  Any zero and de minimis  dumping margins shall be disregarded for
sampling purposes.  Individual duties shall be applied to imports from any foreign exporter which is
granted individual treatment, as provided for in subsection 33 (5) of this Act.
§ 49. Confirmation of provisional anti-dumping duties(1) If the definitive anti-dumping duty is higher than the provisional duty, the difference shall not
be collected.  If the definitive duty is lower than the provisional duty, the provisional duty shall berecalculated.
(2) If the Government of the Republic imposes definitive anti-dumping duties, provisional anti-
dumping duties shall be confirmed and a date for payment thereof shall be set.
(3) If the Government of the Republic does not impose definitive anti-dumping duties,
provisional anti-dumping duties shall not be collected.
§ 50. Duration of anti-dumping duties(1) The Government of the Republic may establish anti-dumping duties for up to five years.  The
Government of the Republic may extend the validity of anti-dumping duties for further five years as aresult of a review.
(2) The Ministry of Economic Affairs shall publish a notice of the impending expiry of anti-
dumping duties in the official publication Ametlikud Teadaanded  six months prior to the expiry.
(3) The Ministry of Economic Affairs shall publish a notice of the actual expiry of anti-dumping
duties in the official publication Ametlikud Teadaanded  within ten days as of the expiry of the duties.
§ 51.  Disclosure of information
Any interested party may, at a written request, examine, pursuant to the procedure established
by the Minister of Economic Affairs, information concerning anti-dumping duties and information
which is not confidential and on the basis of which anti-dumping duties have been established.
§ 52.  Suspension of anti-dumping duties(1) Anti-dumping duties may be suspended where market conditions have temporarily changed to
an extent that injury would be unlikely to resume as a result of the suspension, and provided that
Estonian producers have been given an opportunity to provide their reasoned opinions in writing.G/ADP/N/1/EST/2
Page 19
(2) In Estonia’s interests, anti-dumping duties imposed pursuant to this Act may be suspended by
the Government of the Republic, on the proposal of the council, for a period of nine months.
(3) The Government of the Republic may, on the proposal of the council, extend the suspension
of anti-dumping duties by further three months.
§ 53.  Reinstating of anti-dumping duties(1) The Government of the Republic may, on the proposal of the council, reinstate anti-dumping
duties if the reason for suspension is no longer applicable.
(2) Anti-dumping duties shall not be reinstated retroactively.
Division 6
Reviews§ 54.  Types of reviews and general conditions(1) The following are the types of reviews:
1) expiry review;
2) interim review;
3) review proceeding for a new exporter;
4) reinvestigation.
(2) Any such review, except reinvestigation, sha ll normally be concluded within twelve months
of the date of initiation of the review.
(3) In carrying out any review, the interested pa rties shall be provided with the opportunity to
amplify, rebut or comment on the matters set out in the review request and the notice of initiation of
the review proceeding.
(4) Where warranted by reviews, anti-dumping du ties shall be maintained or extended, or the
decision to impose an anti-dumping duty shall be repealed or amended by a regulation of the
Government of the Republic on the proposal of the council.
(5) Anti-dumping duties shall remain in force pending the outcome of a review, except in the
case specified in subsection 57 (5) of this Act.
(6) The provisions of this Chapter apply to revi ews unless otherwise provided in this Division.
§ 55.  Expiry review(1) An expiry review shall be initiated to ascertain whether the expiry of anti-dumping duties
would be likely to result in a continuation or recurrence of dumping and injury.
(2) Such an expiry review shall be initiated on the initiative of the council, or upon a written
request submitted on behalf of Estonian producers and the anti-dumping duties shall remain in force
pending the outcome of the review.  The request shall be reasoned and it shall be submitted to the
Ministry of Economic Affairs by Estonian producers no later than three months before the anti-
dumping duty expires.G/ADP/N/1/EST/2
Page 20
(3) If sufficient evidence of the facts referred to in subsection (1) of this section is obtained, the
Government of the Republic shall extend the anti-dumping duty for further five years.
§ 56. Interim review(1) An interim review shall be initiated in order to ascertain whether:
1) the continued imposition of the anti-dumping duty is no longer necessary to offset
dumping and/or that the injury would be unlikely to continue or recur if the measure
were removed or varied, or
2) the existing anti-dumping duty is not, or is no longer, sufficient to counteract the
dumping which is causing injury to Estonian producers.
(2) An interim review shall be initiated during the validity of the anti-dumping duty:
1) on the proposal of the council or
2) provided that at least one year has elapsed since the imposition of the definitive anti-
dumping duty, upon a written request by any foreign exporter or Estonian importer or
Estonian undertaking which contains sufficient evidence substantiating the need forsuch an interim review.
(3) If sufficient evidence of the facts referred to in subsection (1) of this section is obtained, the
Government of the Republic shall amend or repeal the anti-dumping duty.
§ 57. Review proceeding for a new exporter
(1) “New exporter” means any foreign exporter wh ich has not exported the product into Estonia
during the period of investigation on which the anti-dumping duties were based.
(2) A review shall be carried out for the purpos e of determining individual margins of dumping
for new exporters.
(3) A review proceeding for a new exporter shall be initiated where a new exporter has submitted
a written request to be exempted from the anti-dum ping duty.  The new exporter shall demonstrate in
the request that it has entered into an irrevocable contractual obligation to export a significant quantity
of products subject to the anti-dumping duty to Estonia.
(4) Estonian producers may submit comments on the initiation of a review.(5) The Government of the Republic shall, when initiating a review, repeal the anti-dumping duty
in force with regard to the new exporter concerned, and make imports by the new exporter subject toregistration in accordance with § 58 of this Act.
(6) Should the review result in a determination of dumping and injury in respect of such an
exporter, the Government of the Republic shall amend the anti-dumping duties in force and impose an
anti-dumping duty on the new exporter which can be levied retroactively to the date of the initiationof the review on the basis of the dumping margin determined.G/ADP/N/1/EST/2
Page 21
(7) Where anti-dumping duties are repealed for individual new exporters, but not for the exported
product, such foreign exporters may, automatically, be reinvestigated in any subsequent review
carried out for that country pursuant to this Act.
(8) The provisions of this section shall not apply where anti-dumping duties have been imposed
as a result of sampling conducted pursuant to § 33 of this Act.
§ 58. Registration of imports(1) “Registration of imports” means the collection of information for customs statistics so that
anti-dumping measures may subsequently be applied against those imports from the date of such
registration.
(2) Imports may be made subject to registration by an order of the Government of the Republic
on the proposal of the council.
(3) Imports may also be made subject to registration following a written request on behalf of
Estonian producers which contains sufficient evidence to justify such action.  Such request shall be
submitted to the Ministry of Economic Affairs.
(4) Imports shall be made subject to registration for a period of up to nine months.
(5) The procedure for registration of imports shall be established and the state register of imports
of products under investigation of dumping and injury shall be established by a regulation of the
Government of the Republic.  Registration of imports shall be organised by the Customs Board.
§ 59. Reinvestigation(1) An investigation may be reopened in order to examine whether the anti-dumping duty has had
effects on prices.
(2) An investigation shall be reopened where a written request has been submitted on behalf of
Estonian producers containing sufficient information showing that anti-dumping duties have led to no
movement, or insufficient movement, in prices.
(3) In the notice of reopening an investigation, the Ministry of Economic Affairs shall set a term
for the foreign exporter to submit information conc erning changes in the normal value of the product
to the Ministry of Economic Affairs.  Where such information is not submitted, normal value shall not
be recalculated.  Where the normal value is not recalculated, the Government of the Republic maymake imports subject to registration in accordance with § 58 of this Act.
(4) Export prices shall be reassessed where:
1) the council concludes that the anti-dumping  duty should have led to movements in the
prices of products, or
2) the Ministry of Economic Affairs determines that a lack of movement in the prices in
Estonia is due to a fall in export prices which has occurred following the imposition
of anti-dumping duties.
(5) The Ministry of Economic Affairs shall recalculate dumping margins taking account of the
reassessed export prices and normal values.G/ADP/N/1/EST/2
Page 22
(6) A reinvestigation shall normally be concluded within six months of the date of initiation of
the reinvestigation.
(7) If sufficient evidence of the facts referred to in subsection (4) of this section is obtained, the
Government of the Republic shall amend the anti-dumping duty on the proposal of the council basedon the recalculated dumping margin.  Where the Government of the Republic has made imports
subject to registration pursuant to subsection (3) of this section, the anti-dumping duty may be
imposed on such imports of the date of making the imports subject to registration.
Division 7
Investigation Proceeding to Determine Circumvention of Anti-Dumping Duties
§ 60. Circumvention of anti-dumping duties(1) “Circumvention of anti-dumping duties” means a change in the pattern of trade between third
countries and Estonia which stems from a practice, process or work for which there is insufficient duecause or economic justification other than the imposition of the anti-dumping duty, and where there is
evidence that the remedial effects of the duty are being undermined.
(2) Production in Estonia or a third country shall be considered to circumvent anti-dumping
duties in force where:
1) the production started or substantially increased since, or just prior to, the initiation of
the anti-dumping investigation;
2) at least 60 per cent of the materials and parts used for production are from the country
subject to anti-dumping duties;
3) the remedial effects of the anti-dumping duty imposed on the like product are being
undermined and there is evidence of continued dumping.
(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 operation, is greater than 25 per cent of themanufacturing cost.
§ 61. Investigation proceeding to determine circumvention of anti-dumping duties(1) Investigation proceedings to determine circumvention of anti-dumping duties shall be
initiated in order to determine whether any foreign exporter or producer of an exporting country is
circumventing anti-dumping duties in force.
(2) Investigation proceedings shall be initiated where a written request containing sufficient
evidence regarding the factors set out in subsections 60 (1) and (2) of this Act has been submitted byan Estonian importer or on behalf of Estonian producers.
(3) Investigations shall be concluded within nine months.(4) Anti-dumping duties shall remain in force pending the outcome of the investigation.(5) The provisions of this Chapter apply to inve stigation proceedings to determine circumvention
of anti-dumping duties unless otherwise provided in this Division.G/ADP/N/1/EST/2
Page 23
§ 62. Extension of anti-dumping duties
(1) Where circumvention of anti-dumping duties is established in the course of an investigation
proceeding, the Government of the Republic shall, pursuant to this Act, extend the anti-dumping duty
to imports of the like product from third countries.
(2) Where the Government of the Republic has made imports subject to registration pursuant to
subsection 58 (2) of this Act, the Government of the Republic may impose the anti-dumping duty on
imports of the like product or parts thereof from third countries from the date on which registration
was imposed.
§ 63. Exemption from anti-dumping duties(1) Where an Estonian importer proves in an investigation proceeding to determine
circumvention of anti-dumping duties that circumve ntion of anti-dumping duties is not taking place,
the Ministry of Economic Affairs shall, upon written request by the importer, issue a certificate to the
Estonian importer declaring the importer exempt from anti-dumping duties.
(2) Where an Estonian importer has been issued a certificate specified in subsection (1) of this
section, imports of the importer shall not be subject to registration pursuant to § 58 of this Act or anti-
dumping duties referred to in § 62 of this Act.
(3) The certificate shall remain valid for the period, and under the conditions, set down in the
corresponding decision of the Minister of Economic Affairs.
CHAPTER 4
Administration of Anti-dumping Duties and Notification of Investigation Proceedings and Anti-
dumping Duties
§ 64. Determination of amount of anti-dumping duty and procedure for collection thereof
(1) The amount of anti-dumping duty resulting from a customs debt shall be calculated by the
Customs Board as soon as they have the necessary information.
(2) The Customs Board shall organise the collection of anti-dumping duties in accordance with
the procedure for the collection of amounts of duty resulting from customs debts provided for in the
Customs Code.
§ 65. Accrual of amounts of anti-dumping duty
Anti-dumping duties accrue to the state budget.
§ 66. Administration of anti-dumping duties(1) The Customs Board shall report to the Ministry of Economic Affairs every month, on the
import trade in products subject to investigation and to anti-dumping duties, and on the amount of
duties collected pursuant to this Act.  Formal requ irements for the information set out in the reports
and procedure for forwarding such information sh all be established by the Government of the
Republic.
(2) The Ministry of Economic Affairs shall monitor compliance with the obligation to pay duty
and initiate review proceedings where necessary.G/ADP/N/1/EST/2
Page 24
§ 67. Notification of investigation proceedings and anti-dumping duties
(1) The Ministry of Economic Affairs shall report without delay to the Committee of Anti-
Dumping Practices of the World Trade Organisation all provisional or definitive anti-dumping dutiesimposed and submit, on a semi-annual basis, reports of any anti-dumping actions taken within the
preceding six months.
(2) The Ministry of Foreign Affairs shall give notice of the initiation of any investigation
proceedings to the Association Council founded on the basis of Article 109 of the Europe Agreement
establishing an Association between the European Communities and their Member States, of the one
part, and the Republic of Estonia, of the other part, (RT II 1995, 22-27, 120) or the joint committee ofthe free trade agreement, if such notification is prescribed, and a Member State of the European Union
or a party to the free trade agreement is under investigation.
(3) The Ministry of Foreign Affairs shall notify the government of the country under
investigation of any provisional and definitive anti-dumping duties, price undertakings andtermination of the investigation without the imposition of anti-dumping duties.
CHAPTER 5
Appeals against Decisions
§ 68. Appeals against decisions
(1) Any interested party has the right to file an appeal with a court against a decision made on the
basis of this Act pursuant to the procedure provided for in the Code of Administrative CourtProcedure (RT I 1999, 31, 425; 33, correction notice; 40, correction notice; 96, 846; 2000, 51, 321;
2001, 53, 313; 58, 355; 2002, 29, 174) within thirty days as of receipt of the decision.
(2) Contestation of a decision does not suspend the payment of anti-dumping duties.CHAPTER 6
Implementation of Act
§ 69. Amendment of Taxation Act
Clause 20) is added to § 29 of the Taxation Act (RT I 2002, 26, 150) worded as follows:«20) to the Ministry of Economic Affairs, the dumping council and the Government of the
Republic for the performance of functions provided for in the Anti-Dumping Act.”
§ 70. Amendment of State Fees Act
The State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 56, 332; 64, 367; 65, 377; 85, 512;
88, 531; 91, 543; 93, 565; 2002, 1, 1; 18, 97; 23, 131; 24, 135; 27, 151 and 153; 30, 178; 35, 214; 44,
281; 47, 297) is amended as follows:
1) clause 15
1) is added to subsection 3 (2) worded as follows:
«151) acts performed on the basis of the Anti-Dumping Act;”;G/ADP/N/1/EST/2
Page 25
2) Division 81 is added to Chapter 7 worded as follows:
“Division 81
Acts Performed on Basis of Anti-Dumping Act
§ 1011. Request for initiation of anti-dumping investigation
A state fee of 1500 kroons shall be paid upon requesting the initiation of an anti-dumping
investigation.”
§ 71. Entry into force of the Act
This Act enters into force on 1 September 2002.
§ 72. Repeal of Act
This Act is repealed upon Estonia's accession to the European Union.
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