WORLD TRADE
ORGANIZATIONG/ADP/N/1/LTU/1
2 May 2002
(02-2515)
Committee on Anti-Dumping Practices Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 18.5 OF THE AGREEMENT
LITHUANIA
The following communication, dated 25 April 2002, has been received from the Permanent
Mission of Lithuania.
_______________
Pursuant to Article 18.5 of the Agreement on Im plementation of Article VI of the General
Agreement on Tariffs and Trade 1994, the Permanent Mission of Lithuania has the honour to submit
the legislation of Lithuania relating to anti-dumping practices:
- Anti-Dumping Law of the Republic of Lithuania (Law on the Amendment of the
Anti-Dumping Law of the Republic of Lithuania adopting the  new version of the
law, No. IX-663) adopted on 17 December 2001.G/ADP/N/1/LTU/1
Page 2
LAW ON THE AMENDMENT OF THE ANTI-DUMPING LAW
OF THE REPUBLIC OF LITHUANIA
17 December 2001 No. IX-663
Vilnius
Article 1. Revised Version of the Anti-Dum ping 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 1 Purpose 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 2 Definitions
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. "P roduct in question"  means the product suspected of being imported into the customs
territory of the Republic of Lithuania at a dumping price.
3. " Dumping pric e" 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 Re public 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 w ith the state border of the Republic of Lithuania,
except where otherwise provided by the international agreements to which the Republic of Lithuaniais 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.G/ADP/N/1/LTU/1
Page 3
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 theexporters 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);G/ADP/N/1/LTU/1
Page 4
(4) Lithuanian enterprises using the  produc t in question for the manufacture of their
products;
(5) he 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 examin ed in the investigation of dumping.  Normally, this
period shall embrace the last financial year preceding the initiation of the investigation to determinethe 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 3 State 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 authorized by it.
2. The institution authorized 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 fulfilmentof 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 ref und 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.G/ADP/N/1/LTU/1
Page 5
CHAPTER TWO
DETERMINATION OF DUMPING
Article 4 Establishment 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 dumpingis 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 normalvalue 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 va lue if such sales volume constitutes 5 per cent 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 consideredrepresentative 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 notbe 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.G/ADP/N/1/LTU/1
Page 6
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 toprovide 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 pri ce 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 per cent of the sales in the domestic market of the exporting country, being used to determinethe 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 accord ing to the primary documents of sale (invoices,
accounts, contracts, price-lists, etc.) by identifyin g the product, analysing the volume of sales in
physical and value terms, on the basis of prices, purchasers (wholesalers, retailers), discounts andrebates 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 producerunder 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 ha ve been historically utilised by the exporter or
producer, in particular in relation to establishing appropriate amortisation and depreciation periodsG/ADP/N/1/LTU/1
Page 7
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 currentproduction 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 inparagraph 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.G/ADP/N/1/LTU/1
Page 8
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 ofproduction 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 par ties shall be notified of the selection of the third
country shortly after the entry into force of the decision to conduct the anti-dumping investigationand 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 proposalto 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 theimposed 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 ofthis Article or in any other non-market economy country which is a member of the World Trade
Organization 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, norm al 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 throughoutthe 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 ques tion, including costs of  raw materials and other
resources, cost of technology and labour, sales a nd investment are made without significant state
interference in this regard, in response to market signals reflecting supply and demand, and costs ofmajor inputs into the production of the product in question substantially reflect market values thereof
in the country;G/ADP/N/1/LTU/1
Page 9
(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 inrelation 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 5 Determination 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 requir ements 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 priceshall 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 transactionswhich 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 andrebates 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 reasonablemargin 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 asso ciation or a compensatory arrangement between the
exporter and the importer or a third party), the export price may be constructed on the basis of theprice 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.G/ADP/N/1/LTU/1
Page 10
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 6 Comparison 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 ofinvestigation, 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 ofLithuania;
(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 adjustmentmay 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 pricesG/ADP/N/1/LTU/1
Page 11
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 di fferences 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 tothe 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 shallbe 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 duplicationwhen 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 in terested 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 bemade 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.G/ADP/N/1/LTU/1
Page 12
Article 7 Determination 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 territ ory 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 singleG/ADP/N/1/LTU/1
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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 inquestion.  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 8 Determination 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 impor ts 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;G/ADP/N/1/LTU/1
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(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 betweenimported 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 per cent 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 thedumped 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 productionon 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 theG/ADP/N/1/LTU/1
Page 15
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 inwhich 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 questi on 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 thetotality 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 9 Definition 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 theapplication requesting initiation of antidumping investigation (except in cases established in
paragraphs 2 and 5 of this Article) constitutes:
(1) more than 50 per cent 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 per cent 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:G/ADP/N/1/LTU/1
Page 16
(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 per cent 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 per cent by producers of the like product located elsewhere in the customs territory of the Republicof 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, anantidumping duty (including a provisional antidum ping 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 10 Initiation 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.G/ADP/N/1/LTU/1
Page 17
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 pr oduct 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 11 Application 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 applicationmust 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 Arti cle 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 theimports 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).G/ADP/N/1/LTU/1
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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 thr ough the diplomatic channels notify the governments
of the countries of origin or export of the product in question.
Article 12 Examination of the Applicatio n 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, theInstitution 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 thereceipt 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 numberof 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 per
cent expressed as a percentage of the export price of the product in question.  The volume of dumpedimports 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 per cdent of imports of the like product in the customs territory of the RepublicG/ADP/N/1/LTU/1
Page 19
of Lithuania, unless countries which individually account for less the 3 per cent of the imports of the
product in question, collectively account for over 7 per cent 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 per cent,  unless countries which individually account for less than 1 per
cent of imports of the product in question, collectively account for 3 per cent 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 13 Making a Decision to Initiate the Investigation
1. Having examined the received application a nd 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.  Withoutbreaching 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 14 Period 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 15 The 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 dueG/ADP/N/1/LTU/1
Page 20
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 investigationmay 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 orexporter 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 authorized by it.
6. In compliance with the provisions of paragraph 5 of this Article, the Institution may organize
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 informationto 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 theinformation, 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 ofthe 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 computerized response sha ll 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 opportu nity to provide further explanations within the
time-limit specified in the notification..  If the explanations are considered unsatisfactory, the reasonsG/ADP/N/1/LTU/1
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for rejection of such evidence or information shal l 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 toinformation 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 incompliance with the requirements of confidentiality of information established in Article 41 of this
Law.  The interested parties may respond to such in formation, 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 in terest in the investigation in progress and filed a
request for consultations, the Institution shall organize 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 explan ations 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 fro m 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 bein g 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 16 Limiting the Scope of Investigation
1. An individual margin of dumping shall be ca lculated 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 shallbe 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.G/ADP/N/1/LTU/1
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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 in terested 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 dum ping shall be determined for any exporter or producer not
initially selected who submits the necessary information in time for that information to be consideredduring 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 17 Completion 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.G/ADP/N/1/LTU/1
Page 23
CHAPTER FOUR
PROVISIONAL ANTI-DUMPING DUTY AND ITS APPLICATION
Article 18 Conditions 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 adequateopportunities 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 19 Adoption 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 theproducers 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 dut y 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 toremove 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 20 Application 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 applicat ion 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.G/ADP/N/1/LTU/1
Page 24
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 21 Payment of the Provisional Anti-dumping Duty
From the date specified in the Government resolution imposing a provisional anti-dumping
duty the products in question shall be released into free circulation in the customs territory of the
Republic of Lithuania only upon the payment of the pr ovisional 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 theRepublic of Lithuania.  The amount of the guarantee shall be determined by the customs.  The
provisional anti-dumping duty must be paid or reco vered according to the procedure laid down in the
Customs Code of the Republic of Lithuania.
CHAPTER FIVE
PROCEDURES OF ACCEPTING PRICE UNDERTAKINGS
Article 22 Accepting 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 indicatesG/ADP/N/1/LTU/1
Page 25
that the offered price undertaking is confidential) so that it may be made available to interested
parties.
Article 23 Actions 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 theelimination 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 theevent 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 24 Supervision of Fulfilment of Price Undertakings
The Institution which accepted a price undertaking shall be entitled to require the producer or
exporter to provide, within the time periods  specified by the Institution, information relevant to the
fulfilment of such undertaking and to permit verifi cation of pertinent data.  Non-compliance with such
requirements shall be construed as a breach of the price undertaking.
Article 25 Failure 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 theanti-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-dum ping 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 produceror 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 LithuaniaG/ADP/N/1/LTU/1
Page 26
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 26 Maintaining  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 undertak ing 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 reviewindicates 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 27 Decision 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 theexpiration 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 earlierthan 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 intere sts, including the interests of the domestic producers,
enterprises using the product in question for the production of their own products, final consumersand importers of the product in question and their representative organisations,  provided that the
interested parties specified in this paragraph have noti fied 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 inju rious 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 invest igation 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 beG/ADP/N/1/LTU/1
Page 27
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 28 Application of Anti-Dumping Duty
1. Anti-dumping duty shall be applied only with re spect 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 thisLaw 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 foreignproducers 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 domesticindustry, 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 c ountervailing 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 Republicof Lithuania.
Article 29 Amount 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.G/ADP/N/1/LTU/1
Page 28
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 orforeign 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 30 Application 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 proposalto the Government to impose an anti-dumping dut y 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 wher e 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 thethreat 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 pr ovisional anti-dumping duty shall be recalculated
and the overpaid amount shall be refunded accord ing 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 th e 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 theproducts imported during the period of investigat ion.  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 de cision to initiate the investigation, provided thatG/ADP/N/1/LTU/1
Page 29
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 wascarried 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 practices 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 importsand other circumstances is likely to undermine the remedial effect of the definitive anti-dumping duty
to be applied;
(3) the importers concerned have been give n an opportunity to comment prior to the
submission of the proposal to the Government to impose the anti-dumping duty.
Article 31 Duration 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 cont inuation 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 32  Initiation of Review of Anti-dum ping 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 appl ication 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 toG/ADP/N/1/LTU/1
Page 30
offset or eliminate the margin of dumping and remo ve 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 continuedimposition  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 th e 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  applicatio n 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 InformationSupplement to " Valstybės žinios " (Official Gazette) and notify all  known third parties interested in
the conducted investigation.
Article 33 Reviews for the Purpose of Dete rmining 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 Institut ion 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 contractualobligation 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.G/ADP/N/1/LTU/1
Page 31
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 subjec t 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 34 Anti-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 priceundertaking, 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 dut y or duration of the price undertaking should expire
during the review, the said measures must be app lied 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 w ould 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.G/ADP/N/1/LTU/1
Page 32
Article 35 Refunds 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 unwilli ng 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 noticeindicating 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 whatextent 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 numberG/ADP/N/1/LTU/1
Page 33
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 36 Cases of Circumvention of the Imposed Anti-dumping Duty
1. The imposed anti-dumping duty shall be cons idered 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 evidenceof 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 per cent 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 PER CENT of the manufacturing
cost, even though all the conditions set in paragraph 2 of this Article were met.
Article 37 Actions 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 aG/ADP/N/1/LTU/1
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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 38 Appealing against the Decisions and Ac tions 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 publicationor 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 Regi onal Administrative Court shall not suspend the
validity of the decisions made by the Institution, unless the Vilnius Regional Administrative Courtestablishes otherwise.
CHAPTER TEN
NOTIFICATION
Article 39 Publication 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 appropriateproposals are submitted to the Government:
(1) to initiate the investigation;G/ADP/N/1/LTU/1
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(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 te rminate 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 undertak ing 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 oralarguments 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;G/ADP/N/1/LTU/1
Page 36
(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 assi gned 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 priceundertaking 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 ex port 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 confidentialityrequirement, the information specified in paragra ph 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.
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 onG/ADP/N/1/LTU/1
Page 37
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.
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 th e 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.
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, sh all be submitted to each known interested party
within 10 calendar days from the effective date of the Government Resolution.
Article 40 Disclosure of the Basic Facts and Motives to the Interested Parties
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 toimpose the provisional anti-dumping duty.
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.
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.
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 confidentialinformation.  Special attention must be given to presenting matters of fact and reasons which differ
from those used in determining  the provisional anti-dumping duties.
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 theearliest 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.
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.G/ADP/N/1/LTU/1
Page 38
Article 41 Confidentiality of Information
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 isprovided 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.
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  topermit 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.
3. If the institution finds the request for confidentiality unwarranted and if the supplier of the
information is unwilling to authorize the disclosure of the information either in generalized or
summary form, the Institution may disregard such information, unless it can be satisfactorily
demonstrated from other sources that the information is correct.
4. The received information must be used only for the purpose for which it was requested.
CHAPTER ELEVEN
FINAL PROVISIONS
Article 42 International Agreements
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.
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."
Article 2 Entry into Force of the Law
The Law shall enter into force as of 1 April 2002.
Article 3 Proposals to the Government
1. To propose to the Government:
(1) to appoint an authorized instituti on for the implementation of this Law;
(2) to approve the list of non-market economy countries and countries with respect to
which special regime is applied;G/ADP/N/1/LTU/1
Page 39
(3) to charge the Ministry of Foreign Affairs and the authorized institution to approve
within one month the procedure of anti-dumping investigation in the foreign state territory;
(4) to charge the Ministry of Finance to reapportion the resources during  State Budget
revision and transfer to the Institution authorized by the Government the appropriations allotted to the
Competition Council for the discharge of functions established by the Anti-dumping Law.
2. To establish that after the issue of transfer of resources has been decided,  the Institution
authorized 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).
I promulgate this Law passed by the Seimas of the Republic of LithuaniaPRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
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